TERMS OF SALE
Last Updated: July 5, 2015
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with www.bbbmiami.com you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. www.bbbmiami.com retains the right to refuse any request made by you. If your order is accepted we will inform you by email.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods that you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices that appear on this website are accurate, errors may occur. If we discover an error in the price of any goods that you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorization being received. The money received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email, the money paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
Disclaimer of liability
The material displayed on this website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law www.bbbmiami.com and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect www.bbbmiami.com's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, and misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trademarks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this website are in no way associated, linked or affiliated with www.bbbmiami.com and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to www.bbbmiami.com.
You agree to indemnify, defend and hold harmless BIG BUBBLE BAGS and its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this website or your breach of the Terms of Service.
BIG BUBBLE BAGS shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
The Purchaser, by placing an order for product makes an offer to purchase pursuant to these sales terms and conditions. This offer, if accepted by BIG BUBBLE BAGS, is accepted within the State of Florida and Purchaser consents to the jurisdiction of the State of Florida for the limited purpose of disputes arising between the parties resulting from this transaction, Purchaser agrees that the laws of the State of Florida shall apply. Upon acceptance by Seller, Purchaser shall be bound by the sales terms and conditions as set forth herein. Orders once placed and accepted by Seller may not be canceled or not revised without Seller’s consent and then only on terms that indemnify Seller against loss.
In the event Seller must commence and maintain any legal action or any other proceeding to collect payment from Purchaser or otherwise to enforce the terms herein, arising out of any dispute, breech or default in connection with this agreement, the successful or prevailing party Seller shall be entitled to recover its reasonable attorney’s fees and other actual out-of-pocket expenses and costs incurred in connection with such action or proceeding regardless whether said action or proceeding terminates in a judgment.
All sales are final unless otherwise stated in any specific transaction. Merchandise cannot be returned unless a written authorization has been issued by BIG BUBBLE BAGS. If approved, the returned product must be in a new and resalable condition in its undamaged original packaging. A restocking fee of 15% will be applied. Return authorizations will not be issued after 30 days from the date of purchase.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and BIG BUBBLE BAGS. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a representative of BIG BUBBLE BAGS.