Terms and Conditions
These terms and conditions govern your use of our website. Please read these terms in full before you use this website. If you do not accept these terms and conditions, please do not use this website. Your continued use of this website confirms your acceptance of these terms.
Application
1.1 These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Eska Design Ltd a company registered in Scotland under number SC697426 whose registered office is at 5 South Charlotte Street, Edinburgh, EH2 4AN with email address info@bubblytoes.co.uk; telephone number 0333 050 7541; trading under name Bubbly Toes Barefoot (the Supplier or us or we).
1.2 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.
Goods
1.3 The description of the Goods is as set out in our website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in colour or size.
1.4 In the case of Goods made to your special requirements, it is your responsibility to ensure that any information you provide is accurate.
Website access
1.5 It is not necessary to register with us in order to use most parts of this website. However, particular areas of this website will only be accessible only if you have registered.
Use of website
1.6 This website may be used for your own private purposes and in accordance with these terms and conditions.
1.7 You must not print and download material from this website without our prior written consent.
Website uptime
1.8 All reasonable measures are taken by us to ensure that this website is operational all day, every day. However, occasionally technical issues may result in some downtime and accordingly we will not be liable if this website is unavailable at any time.
1.9 Where possible we always try to give advance warning of maintenance issues that may result in website down time but we shall not be obliged to provide such notice.
Visitor provided material
1.10 Any material that a visitor to this website sends or posts to this website shall be considered non-proprietary and non confidential. We shall be entitled to copy, disclose, distribute or use for such other purpose as we deem appropriate all material provided to us, with the exception of personal information, the use of which is covered under our Privacy Policy.
1.11 When using this website you shall not post or send to or from this website any material:
(a) for which you have not obtained all necessary consents;
(b) that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;
(c) which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
1.12 We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of Paragraph 1.7.
Links to and from other websites
1.13 Throughout this website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this website you do so at your own risk.
1.14 Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:
(a) you do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;
(b) you do not misrepresent your relationship with this website; and
(c) the website from which you link to this website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.
1.15 By linking to this website in breach of clause 1.10 you shall indemnify us for any loss or damage suffered to this website as a result of such linking.
Disclaimer
1.16 Whilst we do take all reasonable steps to make sure that the information on this website is up to date and accurate at all times we do not guarantee that all material is accurate and, or up to date.
1.17 All material contained on this website is provided without any or warranty of any kind. You use the material on this website at your own discretion.
Exclusion of liability
1.18 We do not accept liability for any loss or damage that you suffer as a result of using this website.
1.19 Nothing in these terms and conditions shall exclude or limit liability for death or personal injury caused by negligence which cannot be excluded or under the law of the United Kingdom.
Shipping
1.20 Your order will be processed and delivered without undue delay, no later than 30 days after your order has been placed.
1.21 Please allow for up to 7 working days for delivery following the dispatch of your order.
Cancellations, returns and refunds
1.22 All customers have the right to cancel their order under the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations.
1.23 Your right to cancel an order for goods starts the moment you place your order and ends 14 days from the day you receive your goods.
1.24 To meet the cancellation deadline, please send us the products before the cancellation period has expired. Use the postage label provided in your package and fill in the return form.
1.25 If you wish to use a different postage service you must do so at your own cost and notify us by email beforehand (info@bubblytoes.co.uk). We will provide our returns delivery address.
1.26 We reserve the right to make a charge not exceeding our direct costs of recovering the goods if you do not return the goods or return them at our expense.
1.27 Once we receive your return, your refund will be issued as soon as possible and no later than 14 days of your cancellation.
1.28 You will not have any right to cancel an order for the supply of goods that are made to the customer's specification or are clearly personalised.
1.29 In addition you will lose your right to cancel if you:
(a) unseal goods that are not suitable for return if they are unsealed,
(b) combine goods with other goods after delivery so that they become inseparable.
1.30 You are eligible for free return postage if you keep at least one paid item from the order. Otherwise, a fee of £3 will be deducted from your refund.
Law and jurisdiction
1.30 These terms and conditions are governed by the law of Scotland.
1.31 Disputes can be submitted to the jurisdiction of the courts of Scotland or, where the Customer lives in England and Wales or Northern Ireland, in the courts of respectively in England and Wales or Northern Ireland.
1.32 We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us directly. We will aim to respond with an appropriate solution within 3 days.
Orders delivered to outside the UK may be subject to import duties and taxes when they reach their destination. You will be responsible for paying any such import duties and taxes.