Terms and Conditions

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COMPANY DETAILS

The Bubble Factory Ltd

Unit 2201, 22/F

Chung Kiu Comm Building

47-51 Shan Tung Street

Mongkok, Kowloon

Hong Kong SAR

info@thebubblefactory.hk

GENERAL
Except for other written agreements, these general sales conditions are appropriate to all quotations made by The Bubble Factory Ltd, every closed agreement between The Bubble Factory Ltd and the customer, all invoices made by The Bubble Factory Ltd and this without regard to the residence or legal seat of the customer irrespective of where the delivery must be carried out.
The general sales conditions of the customer are only valid if they were accepted in writing and explicitly by The Bubble Factory Ltd.
At contradiction between eventually accepted general purchase conditions and the current general sales conditions of The Bubble Factory Ltd this last one is valid, even if the purchase conditions of the customer stipulates the opposite or if these have been communicated later.

QUOTATIONS
All quotations, verbal or in writing, are entirely without engagement, unless it has been explicitly stipulated differently in written.
If certain costs, having an influence on the agreed price, increase due to circumstances independently of the will of The Bubble Factory Ltd, The Bubble Factory Ltd has the right, by simple notification, to increase in the price accordingly.

ORDERS
Orders accepted by representatives or middle-agents of The Bubble Factory Ltda only binds The Bubble Factory Ltd after a written order confirmation, or via our webshop or e-mail. Cancellations of orders by the customer can only be accepted in written and under the following conditions explained in the paragraph below. An order can be cancelled free of charge within 1h of the order confirmation or provided The Bubble Factory Ltd has not started with the execution of the order.
In any other case, the customer is indebted of 30% of the selling price of goods. When a commencement of the order has been taken place, all generated costs, beside before-mentioned fixed indemnifications will also be recovered on the customer. The Bubble Factory Ltd has the right to modify or stop at any time any offered product or product range due to production requirements, demand alterations, production optimalisation,…

DELIVERY
The agreed delivery terms are not binding. Exceeding the delivery deadline, an incomplete delivery or when the supplier cannot deliver because of unexpected circumstances,  cannot give cause to any responsibility of The Bubble Factory Ltd, nor could be a ground to dissolute any agreement.

LACKS - COMPLAINTS
A. In order to be admissible, complaints due to visible damage or defects must be communicated by the client to The Bubble Factory Ltd in writing no later than five (5) days after the date on which the goods were delivered. If The Bubble Factory Ltd does not receive a written complaint from the client within the said period, the purchaser is presumed to have accepted the goods.

B. Complaints due to hidden defaults, under penalty of non-receivable, must be communicated by the customer to The Bubble Factory Ltd by means of a registered letter at the latest eight days after the discovery of the lack and at the latest thirty six (36) months after the supplying date of the goods. In any case each claim concerning hidden defaults, will expire after a period of four months after the legal notification to The Bubble Factory Ltd. Parties agree that in case of a complaint concerning hidden defaults from goods provided by The Bubble Factory Ltd, these hidden defaults must be determined in a contradictory manner between the parties, if not, The Bubble Factory Ltd cannot be held responsible.

C. In any case, no more complaints can be accepted due to visible and/or hidden defaults if supplied goods have been handled/modified or treated. The protection duty of The Bubble Factory Ltd is only valid if all provided The Bubble Factory Ltd components or finished products were delivered by The Bubble Factory Ltd and were only used for the purposes for which these goods are designed by their nature and this according to the instruction data-sheet of the product.

D. In case of an acceptable and founded complaint concerning defaults to goods, The Bubble Factory Ltd has the choice to replace the concerned product without costs, or to refund the The Bubble Factory Ltd purchase price against a return delivery of the faulty product, or to propose a price-reduction determined by The Bubble Factory Ltd according to the nature of the default.

E. Return deliveries can only be accepted after a written authorization by The Bubble Factory Ltd and this authorization includes by no means recognition of its liability. The return delivery is organised in any case at the expense of the customer.

F. A complaint can never relieve a customer of the obligation to pay the amount of the invoices at the determined due data of the agreement and according to the stipulated conditions. A complaint, even if valid, does not authorize the customer to refuse the implementation of the agreement for goods which are not subject of this complaint.

G. The circumstance that supplied goods would not be appropriate for the use aimed by the customer can under no circumstance be used as a reason for a receptive and founded complaint. The Bubble Factory Ltd gives no explicit or implicit guarantee to this point.

LIMITED WARRANTY & LIMITED LIABILITY
These warranty conditions apply to all products (the “Product” or “Products”) manufactured and distributed by The Bubble Factory Ltd.
This Limited Warranty gives you specific legal rights. You may also have other legal rights that vary by state, province or jurisdiction. The disclaimers, exclusions, and limitations of liability under this Limited Warranty will not apply to the extent prohibited by applicable law.

LIMITED WARRANTY
The Bubble Factory Ltd warrants the Products against defects in materials and workmanship under normal use for a period of one (1) years from the date of purchase (“Warranty Period”). If a Product is returned to The Bubble Factory Ltd during the Warranty Period as provided below, and The Bubble Factory Ltd determines that the Product is defective, The Bubble Factory Ltd will either repair or replace the unit with either a new or a refurbished The Bubble Factory Ltd Product, or refund the original purchase price in return for the Product, at its option. If the Warranty Period has expired or is otherwise not applicable as per the Scope and Limitation on Warranty (below), we will return the Product to you.

RETURN AND WARRANTY SERVICE PROCESS
Please send your product to The Bubble Factory Ltd, freight prepaid, together with the proof of purchase and all accessories, either in the original packaging or in packaging that offers equivalent protection. Failure to return any of the accessories may result in a delay and/or result in a credit to The Bubble Factory Ltd or an invoice for the missing accessories.
In performing warranty service, The Bubble Factory Ltd may furnish replacement parts on an exchange basis and replaced parts will become the property of The Bubble Factory Ltd. Replacement parts provided by The Bubble Factory Ltd shall be new or refurbished and of comparable quality, and may be a different part that contains compatible features and functions. You will reimburse The Bubble Factory Ltd for the inspection, testing and repair of returned equipment determined by The Bubble Factory Ltd not to be defective or which falls under one of the warranty exclusions described below (as well as pay all shipping and handling charges). In all cases, The Bubble Factory Ltd determination as to whether or not the equipment is defective and covered by warranty will be final. Any replacement equipment under warranty will be returned to you freight prepaid and will be warranted hereunder for a period of one (1) year from shipment.
The Bubble Factory Ltd reserves the right to change the method by which The Bubble Factory Ltd may provide warranty service to you, and your Product’s eligibility to receive a particular method of service.

SCOPE OF AND LIMITATION OF WARRANTY
The warranty on the Products are limited to the repair or replacement of defective Products as described in the Limited Warranty section above.
This warranty does not cover damage (i) due to acts of God, such as any force beyond our reasonable control, accident, misuse, abuse, negligence, commercial use or modification of, or to any part of your Product; (ii) caused by any third party product, service or system, use of the Product for purposes other than for which the Product was designed or intended, or use in improper temperature, humidity or other environmental conditions, or use of the Product in violation of written instructions provided by The Bubble Factory Ltd. This warranty does not cover defects due to normal wear and tear or aging (e.g. discoloration), or flaws or damages resulting from continued exposure to severe weather conditions (humidity, temperature, salinity, etc…). This warranty gives you specific legal rights, and you may also have other rights which vary from state to state (and jurisdiction to jurisdiction).

DISCLAIMER OF WARRANTIES.
To the extent permitted by law, this warranty and the remedies set forth are exclusive and in lieu of all other warranties, remedies and conditions, whether oral, written, statutory, express or implied. The Bubble Factory Ltd disclaims all statutory and implied warranties, including without limitation, warranties of merchantability and fitness for a particular purpose and warranties against hidden or latent defects, to the extent permitted by law. In so far as such warranties cannot be disclaimed, The Bubble Factory Ltd limits the duration and remedies of such warranties to the duration of this express warranty and, at The Bubble Factory Ltd’s option, the repair or replacement services described above. Some states (countries and provinces) do not allow limitations on how long an implied warranty (or condition) may last, so the limitation described above may not apply to you.

LIMITATION OF DAMAGES.
In addition to the above warranty disclaimers, to the maximum extent permitted by law, neither The Bubble Factory Ltd nor its suppliers shall be responsible or liable with respect to any subject matter of this agreement or terms or conditions related thereto under any breach of contract, negligence, strict liability or any other theory (a) for loss or inaccuracy of data or cost of procurement of substitute goods, services or technology, or (b) for any indirect, incidental or consequential damages including, but not limited to business interruption, loss of revenues and loss of profits. The foregoing shall apply even if The Bubble Factory Ltd has been advised of the possibility of such damages. To the maximum extent permitted by law, The Bubble Factory Ltd’s aggregate cumulative liability hereunder shall not exceed the original purchase price paid for the device that caused such damage.

ACCEPTANCE INVOICE - PAYMENT
Every invoice is considered as accepted by the customer, unless a registered letter is received by The Bubble Factory Ltd within the eight (8) days after the reception of the invoice by the customer. All invoices are payable on the social seat of The Bubble Factory Ltd. The payment by transfer, bill of exchange or by any other manner cannot be considered as a renunciation to this stipulation and cannot imply any renewal of the debt. The payment must be in cash, without discount and in euro, except for other written agreements. All costs of payment are at the expense of the customer. All collection- and all contestation-costs regarding accepted or refused bills of exchange are fully at the expense of the customer.

In the event of full or partial non-payment on the due date, The Bubble Factory Ltd shall send three reminders by email or by post, one every ten days. Since they are sent every ten days, you may receive your first reminder immediately after your invoice becomes due. After the third reminder, The Bubble Factory Ltd charges an administrative fee of EUR 12.50.

In the event of non-payment, the representative from your region will discuss the situation with you. Subsequently, unpaid invoices that are past their due date are passed on to a collection agency for further action. Non-payment on the due date of a single invoice renders the balance owed by all other invoices, even invoices that are not yet due, immediately due and payable by operation of law.

RESERVATION OF OWNERSHIP
Goods provided by The Bubble Factory Ltd to the customer remain the property of The Bubble Factory Ltd up to the moment that all due amounts have been paid by the customer to The Bubble Factory Ltd, including all interests and costs. The customer gives The Bubble Factory Ltd - or its mandatary - the permission to enter its premises and buildings, in order to regain property of the goods. The customer engages himself to inform the seller immediately in case of seizure on the The Bubble Factory Ltd goods in its hands.
The customer transfers unconditionally and irrevocable to The Bubble Factory Ltd; all potential claims on third parties, regarding sales of goods that are the property of The Bubble Factory Ltd. The advances already paid by the customer remain acquired by The Bubble Factory Ltd as a compensation for possible losses at resale.

VARIA
All disputes between the customer and The Bubble Factory Ltd fall under the exclusive competence of the competent courts of the judicial district of the social seat of The Bubble Factory Ltd. The relation between the customer and The Bubble Factory Ltd is exclusively governed by Hong Kong law. The possible nullity of one or more stipulations of these conditions does not affect the relevance of all other clauses. In case of arguments concerning the interpretation of these conditions, the English text always prevails.