TERMS AND CONDITIONS
Application
1. These Terms and Conditions will apply to the purchase of the goods by you (the
Customer or you). We are U-Consulting Ltd whose trading name is BBLux Jewelry &
Accessories a company registered in England and Wales under number 10717944 whose
registered office is at 8 Martindown Road, Whitstable, Kent, CT54PX and whose trading
address is 166 High Street, Herne Bay, Kent, CT65AJ with email address:
info@bblux.co.uk; telephone number 01227749626; (the Supplier or us or we).
2. These are the terms on which we sell all Goods to you. By ordering any of the
Goods, you agree to be bound by these Terms and Conditions. Before placing an order
on the Website, you will be asked to agree to these Terms and Conditions by clicking on
the button marked ‘I Accept’. lf you do not click on the button, you will not be able to
complete your Order. You can only purchase the Goods from the Website if you are
eligible to enter into a contract and are at least 18years old.
Interpretation
3. Consumer means an individual acting for purposes, which are wholly, or mainly
outside his or her trade, business, craft or profession;
4. Contract means the legally-binding agreement between you and us for the supply
of the Goods;
5. Delivery Location means the Supplier’s premises or other location where the
Goods are to be supplied, as set out in the Order;
6. Durable Medium means paper or email, or any other medium that allows
information to be addressed personally to the recipient, enables the recipient to store the
information in a way accessible for future reference for a period that is long enough for
the purposes of the information, and allows the unchanged reproduction of the
information stored;
7. Goods means the goods advertised on the Website that we supply to you of the
number and description as set out in the Order;
8. Order means the Customer’s order for the Goods from the Supplier as submitted
following the step by step process set out on the Website;
9. Privacy Policy means the terms which set out how we will deal with confidential
and personal information received from you via the Website;
10. Website means our website www.bblux.co.uk on which the Goods are advertised.
Goods.
11. The description of the Goods is as set out in the Website, catalogues, brochures
or other form of advertisement. Any description is for illustrative purposes only and
there may be small discrepancies in the size and color of the Goods supplied.
12. In the case of any Goods made to your special requirements, it is your
responsibility to ensure that any information or specification you provide is accurate.
13. All Goods, which appear on the Website, are subject to availability.
14. We can make changes to the Goods, which are necessary to comply with any
applicable law or safety requirement. We will notify you of these changes.
Personal information
15. We retain and use all information strictly under the Privacy Policy.
16. We may contact you by using e-mail or other electronic communication methods
and by pre-paid post and you expressly agree to this.
Basis of Sale
17. The description of the Goods in our website does not constitute a contractual
offer to sell the Goods. When an Order has been submitted on the Website, we can
reject it for any reason, although we will try to tell you the reason without delay.
18. The Order process is set out on the Website. Each step allows you to check and
amend any errors before submitting the Order. It is your responsibility to check that you
have used the ordering process correctly.
19. A Contract will be formed for the sale of Goods ordered only when you receive
an email from us confirming the Order (Order Confirmation). You must ensure that the
Order Confirmation is complete and accurate and inform us immediately of any errors.
We are not responsible for any inaccuracies in the Order placed by you. By placing an
Order you agree to us giving you confirmation of the Contract by means of an email with
all information in it(ie the Order Confirmation).You will receive the Order Confirmation
within a reasonable time after making the Contract, but in any event not later than the
delivery of any Goods supplied under the Contract.
20. Any quotation is valid for a maximum period of 7 days from its date, unless we
expressly withdraw it at an earlier time.
21. No variation of the Contract, whether about description of the Goods, Fees or
otherwise, can be made after it has been entered into unless the variation is agreed by the
Customer and the Supplier in writing.
22. We intend that these Terms and Conditions apply only to a Contract entered into
by you as a Consumer. lf this is not the case, you must tell us, so that we can provide you
with a different contract with terms which are more appropriate for you and which
might, in some respects, be better for you, eg by giving you rights as a business.
Price and Payment
23. The price of the Goods and any additional delivery or other charges is that set
out on the Website at the date of the Order or such other price as we may agree in
writing.
24. Prices and charges include VAT at the rate applicable at the time of the Order.
25. You must pay by submitting your creditor debit card details with your Order and
we can take payment immediately or otherwise before delivery of the Goods.
Delivery
26. We will deliver the Goods, to the Delivery Location by the time or within the
agreed period or, failing any agreement, without undue delay and, in any event, not more
than 30 days after the day on which the Contract is entered into.
27. In any case, regardless of events beyond our control, if we do not deliver the
Goods on time, you can (in addition to any other remedies) treat the Contract at an end
if:
• we have refused to deliver the Goods, or if delivery on time is essential taking
into account all the relevant circumstances at the time the Contract was made, or you said
to us before the Contract was made chat delivery on time was essential; or
• after we have failed to deliver on time, you have specified a later period which is
appropriate to the circumstances and we have not delivered within that period.
28. lf you treat the Contract at an end, we will (in addition to other remedies)
promptly return all payments made under the Contract.
29. lf you were entitled to treat the Contract at an end, but do not do so, you are not
prevented from cancelling the Order for any Goods or rejecting Goods that have been
delivered and, if you do this, we will (in addition to other remedies)without delay return
all payments made under the Contract for any such cancelled or rejected Goods. lf the
Goods have been delivered, you must return them to us or allow us to collect them from
you and we will pay the costs of this.
30. lf any Goods form a commercial unit (a unit is a commercial unit if division of
the unit would materially impair the value of the goods or the character of the unit) you
cannot cancel or reject the Order for some of those Goods without also cancelling or
rejecting the Order for the rest of them.
31. We do not generally deliver to addresses outside England and Wales, Scotland,
Northern Ireland, the Isle of Man and Channels Islands. lf, however, we accept an Order
for delivery outside chat area, you may need to pay import duties or other taxes, as we
will not pay them.
32. You agree we may deliver the Goods in instalments if we suffer a shortage of
stock or other genuine and fair reason, subject to the above provisions and provided you
are not liable for extra charges.
33. lf you or your nominee fail , through no fault of ours, to take delivery of the
Goods at the Delivery Location, we may charge the reasonable costs of storing and
redelivering them.
34. The Goods will become your responsibility from the completion of delivery or
Customer collection. You must, if reasonably practicable, examine the Goods before
accepting them.
Risk and Title
35. Risk of damage to, or loss of, any Goods will pass to you when the Goods are
delivered to you.
36. You do not own the Goods until we have received payment in full. lf full
payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice
to cancel any delivery and end any right to use the Goods still owned by you, in which
case you must return them or allow us to collect them.
Withdrawal and cancellation
37. You can withdraw the Order by telling us before the Contract is made, if you
simply wish to change your mind and without giving us a reason, and without incurring
any liability.
38. You can cancel the Contract except for any Goods which are made to your
special requirements (the Returns Right) by telling us no later than 7 calendar days from
the day the Contract was entered into, if you simply wish to change your mind and
without giving us a reason, and without liability, except in that case, you must return to
any of our business premises the Goods in undamaged condition at your own expense.
Then we must without delay refund to you the price for those Goods, which have been
paid for in advance, but we can retain any separate delivery charge. This does not affect
your rights when the reason for the cancellation is any defective Goods. This Returns
Right is different and separate from the Cancellation Rights below.
39. This is a distance contract (as defined below) which has the cancellation rights
(Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to
a contract for the following goods (with no others) in the following circumstances:
• goods that are made to your specifications or are clearly personalized;
• goods which are liable to deteriorate or expire rapidly.
40. Also, the Cancellation Rights for a Contract cease to be available in the following
circumstances:
• in the case of any sales contract, if the goods become mixed inseparably
(according to their nature) with other items after delivery.
Right to cancel
41. Subject as stated in these Terms and Conditions; you can cancel this contract
within 7 days without giving any reason.
42. The cancellation period will expire after 7 days from the day on which you
acquire, or a third party, other than the carrier indicated by you, acquires physical
possession of the last of the Goods. In a contract for the supply of goods over time (ie
subscriptions), the right to cancel will be 7 days after the first delivery.
43. To exercise the right to cancel, you must inform us of your decision to cancel this
Contract by a clear statement setting out your decision (eg a letter sent by post, fax or
email).
44. You can also electronically fill in and submit the model cancellation form or any
other clear statement of the Customer’s decision to cancel the Contract on our website
www.bblux.co.uk. lf you use this option, we will communicate to you an
acknowledgement of receipt of such a cancellation in a Durable Medium (eg by email)
without delay.
45. To meet the cancellation deadline, it insufficient for you to send your
communication concerning your exercise of the right to cancel before the cancellation
period has expired.
Effects of cancellation in the cancellation period
46. Except as set out below, if you cancel this Contact, we will reimburse to you all
payments received from you, including the costs of delivery (except for the
supplementary costs arising if you chose a type of delivery other than the least expensive
type of standard delivery offered by us).
Deduction for Goods supplied
47. We may make a deduction from the reimbursement for loss in value of any
Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the
Goods beyond what is necessary to establish the nature, characteristics and functioning
of the Goods: eg it goes beyond the son of handling that might be reasonably allowed in
a shop). This is because you are liable for that loss and, if that deduction is not made, you
must pay us the amount of that loss.
Timing of reimbursement
48. If we have not offered to collect the Goods, we will make the reimbursement
without undue delay, and not later than:
• 14 days after the day we receive back from you any Goods supplied, or
• (if earlier) 14 days after the day you provide evidence that you have sent back the
Goods.
49. If no Goods were supplied, we will provide to send to you a voucher – of same
value of the amount paid – without undue delay, and not later than 14 days after the day
on which we are informed about your decision to cancel this Contract.
50. We will make the reimbursement using the same means of payment as you used
for the initial transaction, unless you have expressly agreed otherwise; in any event, you
will not incur any fees as a result of the reimbursement.
Returning Goods
51. If you have received Goods in connection with the Contract which you have
cancelled, you must send back the Goods or hand them over to us at 166 High Street,
Herne Bay, Kent, CT65AJ without delay and in any event not later than 14 days from the
day on which you communicate to us your cancellation of this Contract. The deadline is
met if you send back the Goods before the period of 14 days has expired. You agree that
you will have to bear the cost of returning the Goods.
52. For the purposes of these Cancellation Rights, these words have the following
meanings:
• distance contract means a contract concluded between a trader and a consumer
under an organized distance sales or service· provision scheme without the simultaneous
physical presence of the trader and the consumer, with the exclusive use of one or more
means of distance communication up to and including the time at which the contract is
concluded;
• sales contract means a contract under which a trader transfers or agrees to
transfer the ownership of goods to a consumer and the consumer pays or agrees to pay
the price, including any contract chat has both goods and services as its object.
Conformity and Guarantee
53. We have a legal duty to supply the Goods inconformity which the Contract, and
will not have conformed if it does not meet the following obligation.
54. Upon delivery, the Goods will:
• be of satisfactory quality;
• be reasonably fit for any particular purpose for which you buy the Goods which,
before the Contract is made, you made known to us (unless you do not actually rely, or it
is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose
held out by us or set out in the Contract; and
• conform to their description.
55. It is not a failure to conform if the failure has its origin in your materials.
56. We will immediately, or within a reasonable time, give you the benefit of the free
guarantee given by the manufacturer of the Goods. Details of the guarantee, including
the name and address of the manufacturer, the duration and territorial scope of the
guarantee, are set out in the manufacturer’s guarantee provided with the Goods. This
guarantee will take effect at the time the Goods are delivered, and will not reduce your
legal rights.
Successors and our sub-contractors
57. Either party can transfer the benefit of chis Contract to someone else, and will
remain liable to the other for its obligations under the Contract. The Supplier will be
liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party.
58. In the event of any failure by a party because of something beyond its reasonable
control:
• the party will advise the other party as soon as reasonably practicable; and
• the party’s obligations will be suspended so far as is reasonable, provided that
that party will act reasonably, and the party will not be liable for any failure which it could
not reasonably avoid, but this will not affect the Customer’s above rights relating to
delivery and any right to cancel, below.
Privacy
59. Your privacy is critical to us. We respect your privacy and comply with the
General Data Protection Regulation with regard to your personal information.
60. These Terms and Conditions should be read alongside, and are in addition to
our policies, including our privacy policy (_ _ _ _ _ _ _ _ _ _ _ _ _ _ _) and cookies
policy (_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ).
61. For the purposes of these Terms and Conditions:
• ‘Data Protection Laws’ means any applicable law relating to the processing of
Personal Data, including. but not limited to the Directive 95/46/EC (Data Protection
Directive) or the GDPR.
• ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.
• ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as
in the GDPR.
62. We are a Data Controller of the Personal Data we Process in providing Goods to
you.
63. Where you supply Personal Data to us so we can provide Goods to you, and we
Process that Personal Data in the course of providing the Goods to you, we will comply
with our obligations imposed by the Data Protection Laws:
• before or at the time of collecting Personal Data, we will identify the purposes
for which information is being collected;
• we will only Process Personal Data for the purposes identified;
• we will respect your rights in relation to your Personal Data; and
• we will implement technical and organization al measures to ensure your Personal
Data is secure.
64. For any enquiries or complaints regarding data privacy, you can contact our Data
Protection Officer at the following e-mail address: bblux@bblux.co.uk. Excluding
liability
65. The Supplier does not exclude liability for:(i) any fraudulent act or omission; or
(ii) for death or personal injury caused by negligence or breach of the Supplier’s other
legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not
reasonably foreseeable to both parties at the time when the Contract was made, or (ii)
loss (eg loss of profit) to the Customer’s business, trade, craft or profession which would
not be suffered by a Consumer – because the Supplier believes the Customer is not
buying the Goods wholly or mainly for ics business, trade, craft or profession.
Governing law, jurisdiction and complaints
66. The Contract (including any non-contractual matters) is governed by the law of
England and Wales.
67. Disputes can be submitted to the jurisdiction of the courts of England and Wales
or, where the Customer lives in Scotland or Northern Ireland, in the courts of
respectively Scotland or Northern Ireland.
68. We try to avoid any dispute, so we dea with complaints in the following way: If a
dispute occurs customers should contact us to find a solution. We will aim to respond
with an appropriate solution within 5 days.
