Bubbles Boutique Terms and Conditions
of Sale
PLEASE READ THESE TERMS AND CONDITIONS OF SALE ("SALE AGREEMENT")
VERY CAREFULLY.
THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ITS TERMS
AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT
WITH Bubbles Boutique. IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN).
Important Information About This Legal Contract
This Sale Agreement is a legal contract between the Customer and Bubbles Boutique.
The Customer accepts this Sale Agreement by making a purchase, placing an order,
or otherwise shopping on the Site. (References to "you" or "your"
shall relate to the Customer; references to "Bubbles Boutique" shall
relate to Bubbles Boutique and its affiliates.) The terms and conditions of this
Sale Agreement are subject to change without prior notice, except that the terms
and conditions posted on the Site at the time the Customer initially places
or modifies an order will govern the order in question.
This Sale Agreement constitutes the entire agreement between the Customer and
Bubbles Boutique relating to the purchase or sale of goods or services on the Site.
The Sale Agreement may only be modified or terminated with regard to goods or
services that have been purchased or sold on the Site in a writing signed by
Bubbles Boutique. Electronic records (including signatures), that are otherwise
valid, shall be accepted under the Sale Agreement. The Customer consents to
receiving electronic records, which may be provided via a web browser or e-mail
application connected to the Internet; consumers may withdraw consent to receiving
electronic records or have the record provided in non-electronic form by contacting
Bubbles Boutique at the address provided below.
In the event of any conflict between the terms and conditions stated on your
purchase order and this Sale Agreement or any terms and conditions on our invoice,
you agree that the provisions of this Sale Agreement and our invoice shall control.
Governing Law
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE
GOVERNED BY THE LAWS OF THE STATE OF CA, WITHOUT REGARD TO CONFLICTS OF
LAWS RULES. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE
COURTS LOCATED IN USA COUNTY, CA FOR PURPOSES OF ANY SUIT, ACTION
OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.
Title; Risk of Loss
Title to goods herein being purchased is retained by the seller until goods
are paid for by the purchaser and at that time title passes to the purchaser.
Loss or damage that occurs during shipping by a carrier selected by Bubbles Boutique
is Bubbles Boutique's responsibility. Loss or damage that occurs during shipping
by a carrier selected by Customer is Customer's responsibility. Title to software
will remain with the applicable licensor(s).
Export Sales
If goods herein being purchased are being purchased for purposes of export,
the Customer must obtain from the federal government certain export documentation
before shipping to a foreign country. In addition, manufacturers' warranties
for exported goods may vary or even be null and void for goods exported outside
the United States. The Customer should inquire further regarding any questions.
Any and all liability is only for the products purchased.
General Legal Disclaimer
Bubbles Boutique HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY Bubbles Boutique IN NO WAY AFFECTS
THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
Internet Disclaimer
Internet connectivity requires access services from an Internet access provider.
Contact your local access provider for rates, terms and conditions.
56K Disclaimer
56K modems are capable of 56Kbps downloads, however, current regulations limit
download speed to 53Kbps.
Third-Party Product and Y2K Disclaimer
All products sold by Bubbles Boutique are third party products and are subject
to the warranties and representations of the applicable manufacturers, including
but not limited to Y2K compliance. Accordingly, Bubbles Boutique makes no representation
or warranty with respect to the Y2K compliance of products sold.
Pricing and Information Disclaimer
All pricing subject to change. For all prices, products and offers, Bubbles Boutique
reserves the right to make adjustments due to changing market conditions, product
discontinuation, manufacturer price changes, errors in advertisements and other
extenuating circumstances. High volume bids are welcome!
While Bubbles Boutique uses reasonable efforts to include accurate and up-to-date
information on the Site, Bubbles Boutique makes no warranties or representations
as to the Site's accuracy. Bubbles Boutique assumes no liability or responsibility
for any errors or omissions in the content on the Site.
Limitation of Liability
Bubbles Boutique WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER
CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY
PROVIDED HEREIN. Bubbles Boutique WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT
BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. CUSTOMER
AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES,
Bubbles Boutique IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE
AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT.
Arbitration
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE,
WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW,
INTENTIONAL TORT AND EQUITABLE CLAIMS) arising from or relating to this Sale
Agreement, its interpretation, or the breach, termination or validity thereof,
the relationships which result from this Sale Agreement (including, to the full
extent permitted by applicable law, relationships with third parties who are
not signatories to this Sale Agreement), Bubbles Boutique's advertising, or any
related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION
ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under the Code of Procedure
of ARBITRATION-FORUM.COM (the "Code") in effect at the time the claim
is filed. The Code is available at http://www.arbitration-forum.com or can be
obtained by calling 1-800-753-9448. Notwithstanding any choice of law provision
included in this Sale Agreement, this arbitration agreement is subject to the
Federal Arbitration Act (9 U.S.C. §§ 1-16) and the New York Convention
on the Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as
codified in the jurisdiction where enforcement of the award is sought). Hearings
shall be held as provided by the Code and if any In-person Hearing is required,
it shall be held in San Diego, CA. Judgment on the award rendered by the arbitrator(s)
may be entered by any court having jurisdiction. Each party shall bear its own
cost of any legal representation, discovery, or research required to complete
arbitration.
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon Bubbles Boutique until accepted by Bubbles Boutique. Terms
of payment are within Bubbles Boutique's sole discretion. Invoices are due and
payable within the time period noted on the invoice, measured from the date
of the invoice. Bubbles Boutique may invoice parts of an order separately. Customer
agrees to pay interest on all past-due sums at the highest rate allowed by law.
The Customer is responsible for sales and all other taxes associated with the
order.
Freight Policy
Shipping and handling charges on all orders vary; contact your Bubbles Boutique
account manager for our most current and competitive rates, options and shipping
specials. For the Customer's protection, we ship only to the verified billing
address of the Customer's credit card. In some circumstances, international
shipping may be available. Call for details.
Return Policy
The following refund policy applies
to all products except those stating their own refund policy with the product
description:
- Bubbles Boutique offers a 7 days return
policy on selected items based on manufacturer return policies. For further
information not listed, please contact your Bubbles Boutique account manager.
- Please call 619-236-9003 or e-mail our Returns Department
at info@bubblesboutique.com to obtain a Return Merchandise Authorization (RMA) number
before shipping your product. NO returns of any type will be accepted without
an RMA number. For faster service, please have the following information on
hand when calling for an RMA number: customer name, invoice number, serial
number and nature of the problem.
- All products returned MUST: be 100 percent complete,
contain ALL original boxes and packing materials, have original UPC codes
on the manufacturer boxes, contain all manuals, blank warranty cards and other
accessories and documentation provided by the manufacturer.
- You are responsible for shipping charges on
returned items; Bubbles Boutique will match your shipping method on your replacement
or exchange item(s).
- Bubbles Boutique strongly recommends you fully
insure your return shipment in case it is lost or damaged and you use a carrier
that can provide you with proof of delivery for your protection.
- If merchandise arrives damaged: it is best to
REFUSE it back to the carrier attempting delivery. If you accept the package
make sure it is noted on the carrier's delivery record in order for Bubbles Boutique
to file a damage claim. Save the merchandise AND the original box and packing
it arrived in, notify Bubbles Boutique immediately to arrange for a carrier inspection
and a pick up of damaged merchandise. If you do not notify Bubbles Boutique of
damaged goods within the first 15 days of arrival, our regular return policy
will override any claim of damage, and will fall under all current manufacturer
restrictions. Call 619-236-9003 or your Bubbles Boutique account manager to arrange
for carrier inspection and a pick up of damaged merchandise.
- DEFECTIVE returns can be returned directly to
Bubbles Boutique within 7 days from the invoice date, at Bubbles Boutique's
discretion for: credit, replacement, exchange or repair.
- Manufacturer restrictions do apply and are outlined
in our detailed policy. Any item that is missing the UPC can ONLY be replaced
with the same item. After 7 days, all manufacturers' warranties
apply.
- NON-DEFECTIVE returns can be accepted directly
by Bubbles Boutique within 7 days from the invoice date, at Bubbles Boutique's
discretion for: credit, exchange. All NON-DEFECTIVE returns are subject to
a 0.000 percent restocking fee.
- Due to manufacturers' policies, Bubbles Boutique
cannot accept returns of the following items for exchange, replacement or
credit FOR ANY REASON: (Bubbles Boutique exceptions). DEFECTIVE merchandise can
be returned for REPAIR ONLY to: Bubbles Boutique, the manufacturer direct or
any authorized service center in your area. Additional manufacturers may be
added to this list as: manufacturer policies change, manufacturer goes out
of business or in the case of specially ordered items.
Bubbles Boutique reserves the right to authorize product returns beyond 7
days from the invoice date.
Original shipping charges are refunded on returned items. Customers
are responsible for all shipping charges back to Bubbles Boutique on returned items,
and Bubbles Boutique will pay the shipping charges on the replacement or exchange
item(s) going back.
Special Products Return Policy
Only defective software and DVD movies can be returned to Bubbles Boutique. The
return must take place within 7 days of invoice date and may only
be replaced for the SAME software or DVD movie title. Unopened software may
be returned for refund or exchange within 7 days of invoice date.
Multiple software licenses cannot be returned for refund or exchange unless
first authorized by the manufacturer. Multiple software licenses cannot be returned
for refund or exchange unless first authorized by the manufacturer. Multiple
licenses may not be returned beyond 7 days for any reason.
Check payment policy
Bubbles Boutique will accept a cashiers check or money order on all COD orders.
Bubbles Boutique will accept personal or business checks up to $12,000 at our two
showroom locations, subject to verification. Bubbles Boutique will accept personal
and business checks for prepay orders, but allow 10 business days for clearing.
Credit Cards
Credit card charges are processed online after ordering the products and/or
services. Time of shipment is less than one week. Bubbles Boutique does not apply
any surcharge for credit cards.
