Aim:
The aim of Newbubbles is to create a safe, fair and pleasurable trading environment for all its members. This applies to both sellers and buyers. As a member you are responsible for understanding and adhering to Newbubbles’s buying and selling policies, as well as all applicable laws and regulations as outlined in the User Agreement.
Interpretation
All orders for the supply, including purchase, hire or preview or otherwise ("Supply" and "Supplied" shall be construed accordingly) of Newbubbles’s products including training resources and/or services including advertising from time to time (the "Products" and the "Services" as appropriate) placed by an individual or organisation ("the Customer") and accepted and supplied by Newbubbles of 47 Chichester Road, North End, Portsmouth, HANTS. PO2 0AB ("the Company") are subject to and made upon these Terms and Conditions of Sale ("the Conditions"). These Conditions apply to the exclusion of all other terms and conditions (including any the Customer purports to apply). The Customer agrees that the optional provisions that apply to parties who are not consumers as defined in the Electronic Commerce (EC Directive) Regulations 2002 shall not apply to the Contract.
Selling:
What can be sold: Newbubbles is a site for selling educational and education-related products only. It is not a general selling or auction site. Sellers are permitted to sell only items that have a clear and demonstrable link to the educational community. Newbubbles retains the ultimate right to adjudicate on such matters where this is desirable. Certain items will be prohibited or may have certain restrictions applied – these include illegal goods and services, and the sale of controversial or sensitive items that Newbubbles believes may compromise the integrity of its buying and selling environment. A prohibited item can be an illegal, untrustworthy or harmful item that is likely to pose a high risk to the reputation and credibility of Newbubbles. Sellers are advised to consult the Prohibition List before listing an item.
Listing Practices: Sellers are not allowed to use profanity, html, javascript or hyperlinks in their item listing. Misuse of intellectual copyright (including the inclusion of brand names) or misrepresentation of products listed for the purpose of attracting buyers (e.g. misleading descriptions, false endorsements, unsubstantiated claims, etc) is strictly prohibited. Sellers are advised to consult the Copyright Guidance for further information on product listing and representation. No circumvention of Newbubbles fees is permitted and sellers are referred to the Fees & Tariffs Guidance for further advice. Membership of the Newbubbles community assumes that these rules are understood and complied with. It is no defence for a seller to claim ignorance of these rules.
Completing the sale: Sellers must not accept payment and send an item that is significantly different from the item described in the listing. A feedback system is operated for all sellers and is designed to protect the integrity of the buyer-seller relationship. There is no force outside Newbubbles that may determine whether feedback is appropriate and just, and all matters of issue in respect of seller feedback must be made through Newbubbles’s complaints resolution process. Sellers should identify genuine shipping costs and despatch times, and must not deviate from these once listed. A seller enters into a binding contract with the buyer when there is a completion of sale and is expected to honour what is offered in the product listing.
Breaches of Newbubbles terms and conditions, or any other policy or procedure in force can result in a range of actions, including:
- Listing cancellation
- Forfeit of Newbubbles fees on cancelled listings
- Limits on account privileges
- Account suspension
- Permanent exclusion
When breaches of policy occur, Newbubbles will email the seller, as well as bidders, that a listing has been ended. These terms and conditions are periodically updated in line with current market, company or legal developments.
Buying:
Buyer’s Behaviour: Buyers are expected to act with honesty and integrity in their business dealings with sellers and with Newbubbles. It is not permitted for buyers to make purchases where this no intention to make payment. Buyers should agree to payment conditions that are laid down in the seller’s listing description. It is not permitted for buyers to threaten, bully, coerce or use profane language with the seller or with Newbubbles. It is not permitted for buyers to encourage sellers to break the law, and any such incidence suspected by Newbubbles will be reported to the relevant authorities. Buyers should use their feedback of sellers responsibly and appropriately. It is no defence for a buyer to claim ignorance of these rules.
Copyright breaches: Where a buyer suspects a copyright breach to have taken place, it should be reported to Newbubbles immediately in the first instance so that the breach can be evaluated and acted upon. Copyright breach is taken seriously by Newbubbles and will lead to account suspension or permanent exclusion where proven against the seller. Equally, false claims from buyers – where it is judged as malicious, deliberate and planned - will be treated seriously by Newbubbles and will similarly lead to account suspension or permanent exclusion of the buyer.
Breaches of Newbubbles terms and conditions, or any other policy or procedure in force can result in a range of actions, including:
- Limits on account privileges
- Account suspension
- Permanent exclusion
Quotations and Acceptance:
Supply of Goods and Services: All Products and Services supplied by Newbubbles are subject to availability. Newbubbles shall be entitled to refuse to Supply an order placed by the Customer. To order Products and Services the Customer must use the online facilities available on the Company's website including www.newbubbles.com or by a written method such as fax, post or e-mail or otherwise ("in Writing"). By making an order the Customer warrants that he (or she or it) is acting only in the course of his (or her or its) business. No contract between the Company and the Customer for the Supply of Products and Services ("the Contract") shall arise until the Company accepts the order either, by written acknowledgement, or upon the Company commencing processing the Customer's order, whichever is the earlier. The Company makes no representation whatsoever as to the suitability of the Products or Services for the Customer's purpose.
Cancellation of Agreements: The Customer cannot cancel an accepted order except following the Company's written agreement which may be on terms that indemnify the Company against all its loss (including loss of profit), costs, damages and expenses (if any) incurred by the Company as a result of cancellation.
Prices and Payment:
Prices: The cost of the Products and Services shall be the higher of the price displayed on the Sites or quoted whether in e-mails, publicity materials or otherwise and where no price has been quoted (or a quoted price is no longer valid) the price listed in the Company's published price list at the date of the Contract. The Company may change the price of the Products and Services before the Contract is formed. If the Customer orders the Products and Services via the Sites or in Writing the Company reserves the right, as part of the acceptance procedure, to validate the price and inform the Customer that the price is higher than that stated in the order. The price of electronic goods from the Company’s website is exclusive of any applicable value added tax ("VAT") or other taxes or duties payable by the Customer and VAT shall be charged, where appropriate, at the rate prevailing at the relevant tax point. The price excludes the cost of delivery, which may be subject to an additional charge to the Customer.
Payment: For goods and services provided by Newbubbles, the Customer shall either settle all the Company's invoice(s) including VAT and delivery charges in full, without any deduction or set-off within 30 days of the date of the Company's invoice or if Products or Services are ordered via the Sites and procedures for payment are provided on the Site the Customer shall pay by credit or debit card. If paying by credit or debit card, the Customer warrants that the card is his (or her or its) own and that there are sufficient funds or credit facilities available to pay for the Products or Services. The Company reserves the right to verify or validate the Customers' debit or credit card details before providing Products or Services. Time for payment shall be of the essence.
Shipping & Ownership:
Shipping Times: For goods and services provided exclusively by Newbubbles, shipping times and dates are approximate and any mentioned at the point of agreement do not carry any contractual effect. Newbubbles (or its representatives) shall not be liable to the Customer for any loss or damage of what ever nature, arising directly or indirectly from a failure to deliver on any particular date or dates. If Products are Supplied to the Customer for hire the Company shall use its reasonable endeavours to procure their delivery to the Customer in time for the Customer's requirement, if specified. Any liability of the Company for non-delivery of the Products shall be limited to replacing the Products within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Products. Compensation to the customer for failing to deliver to an agreed date will be at the discretion of the Company and no other party.
Completion and Terminations: Delivery of the Products shall be deemed effected when the Products are delivered to the Customer's place of business or as specified in its order. Without prejudice to any other right or remedy the Company may have, the Company reserves the right to suspend deliveries to the Customer and/or to terminate the Contract without liability to the Company if the Customer fails to comply with any of the Conditions. Should any Products be damaged in transit, the Customer must notify the Company in writing within three working days of receipt. The products become the ownership of the customer once delivery is made and payment is received and cleared. Where the Products are Supplied for hire, preview or until all Products purchased are fully paid for the Products shall remain the property of the Company and the Products shall remain in possession of the Customer solely as bailee for the Company and in a fiduciary capacity.
Copyright:
Copyright Restrictions: For goods and services provided exclusively by Newbubbles, all intellectual copyright will remain vested with the Company or its licensors. Unless otherwise specified by Newbubbles, no product may be copied, edited, re-branded, re-packaged, digitised, re-sold or reproduced by the Customer without the express permission of Newbubbles. Newbubbles shall, at its sole discretion, decide what further steps, if any, should be taken to prevent or terminate such infringement and recover damages. This may include the institution of legal proceedings and in any event the Customer shall promptly provide or procure such further assistance as the Company may from time to time request. Customers are referred to the Company’s Copyright Guidance for further information.
Returns Policy:
Return of Goods: For all electronic products supplied exclusively by Newbubbles, no returns will be permitted. Goods that are agreed with the Company as faulty will be replaced following the return of the original product. Buyers and sellers who use the online market environment will specify their own returns policies and these will be in force for a particular transaction. For ‘hard copy’ items, returns will be permitted only under exceptional circumstances – where the goods are proven to be faulty or damaged. Returns are not accepted under other circumstances.
Force Majeure:
Newbubbles shall not be liable to the Customer for any loss or damage which may be suffered by the Customer as a direct or indirect result of a Supply by the Company being prevented hindered delayed or rendered uneconomic by reason of circumstances or events beyond the Company's reasonable control including but not limited to Act of God, war, riot, strike, lock-out, trade dispute or labour disturbance, accident, break-down, flood or storm and Newbubbles shall be entitled to terminate a Contract or delay delivery of Products by a period equal to that during which it is prevented, hindered or delayed as aforesaid.
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