Terms & Conditions

• The sole proprietorship, BR8 projects trading as Bubbles Creation;
• registered office at Eemnes, The Netherlands;
• having its office at: Ploeglaan 21 3755 HR Eemnes The Netherlands
• Phone number: +31 6 82 99 40 14
• Email address: sales@bubblescreation.nl;
• Registration in the Chamber of Commerce with Chamber of Commerce number: 72739339
• VAT number: NL0019.02.097.B51.

1.) These general terms and conditions apply to every concluded distance contract – for example, an order placed by the customer (hereinafter: “buyer”) with Bubbles Creation via the webshop – and delivery between Bubbles Creation and the buyer. Any reference by the buyer to its own general or purchasing conditions and the applicability thereof is explicitly rejected by Bubbles Creation.
2.) By placing an order, the buyer accepts to be bound by these general terms and conditions and declares that he has read and understood them.
3.) The general terms and conditions can be sent upon request, and the terms and conditions can also be consulted at any time on the aforementioned website.

Article 2 – Conclusion of the contract

1.) The contract is concluded at the moment Bubbles Creation receives the acceptance of the offer by the buyer, by placing an order with Bubbles Creation.
2.) Bubbles Creation confirms the buyer the receipt of the acceptance of the offer immediately by electronic means. As long as the receipt of this acceptance is not confirmed, the buyer can dissolve the contract.
3.) Bubbles Creation reserves the right to not accept orders without giving reasons.
4.) The buyer who provides (personal) data in the context of the contract guarantees that these are correct, complete, and up-to-date. The buyer has the duty to report inaccuracies in provided or mentioned payment details to Bubbles Creation immediately.

Article 3 – Prices and payment

1.) The prices mentioned in the product offer are (unless otherwise stated) exclusive of VAT and in Euro, and are subject to printing and typing errors. The prices are exclusive of shipping costs, which are separately stated.
2.) The prices mentioned in the preceding paragraph will not be increased by Bubbles Creation after the conclusion of the contract, unless statutory measures make this necessary or if the manufacturer/(sub)supplier implements interim price increases. In that case, the buyer is entitled to dissolve the contract by a written declaration to Bubbles Creation.
3.) Payment can be made using the payment options listed on the website and under the conditions stated therein.
4.) Bubbles Creation may ascertain whether the buyer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of an agreement. If, on the basis of this investigation, Bubbles Creation has grounds to refuse to enter into the agreement, it is entitled to reject an order or request or to attach special conditions to the execution.
5.) You cannot buy on credit from Bubbles Creation.
6.) All ordered goods will only be processed and shipped once payment has been made.

Article 4 – Images and specifications

1.) All images of products as well as accompanying specifications, sizes, and data as shown on the Bubbles Creation website are approximate. The product finally delivered to the buyer may differ in color, size, etc. to some extent from these images or specifications. This does not mean that the product does not comply with the contract.
2.) Clear mistakes or errors regarding paragraph 1 of this article and the provision in article 3 paragraph 1 do not bind Bubbles Creation.

Article 5 – Delivery

1.) Bubbles Creation will exercise the utmost care in receiving and executing orders. The delivery times mentioned here and on the website are indicative. The buyer cannot derive any rights from these indications, and they are not binding.
2.) The address provided by the buyer to Bubbles Creation applies as the place of delivery. If not otherwise agreed in writing, Bubbles Creation only delivers to specified physical addresses within the Netherlands or as indicated on our website. An order for delivery to an address outside the Netherlands will not be executed.
3.) Bubbles Creation is entitled to deliver in installments (partial deliveries), which it can invoice separately.
4.) Bubbles Creation will execute accepted orders with due speed after the conclusion of the contract, but no later than within 30 days thereafter. If delivery is delayed beyond these 30 days, the buyer will receive notification as soon as Bubbles Creation becomes aware of it. Bubbles Creation is then in default when the buyer has put Bubbles Creation in default through a reminder, giving Bubbles Creation a reasonable period to deliver, and when even then performance remains absent. In that case, the buyer has the right to terminate the contract (in part) without costs. Another delivery period can also be agreed upon or it can be agreed to deliver another product.
5.) If an order cannot be executed or only partially executed, the buyer will receive notification as soon as Bubbles Creation becomes aware of this. In that case, the buyer has the right to terminate the contract (in part) without costs.
6.) In case of termination in accordance with paragraphs 4 and 5, Bubbles Creation will refund any amounts paid by the buyer to Bubbles Creation as soon as possible. The buyer is not entitled to compensation.
7.) The risk of the products rests with Bubbles Creation until delivery to the buyer, unless expressly agreed otherwise.

Article 6 – Cooling-off period or right of withdrawal

1.) After the buyer or a third party designated by him (not the carrier) has received the product, the buyer has 14 days to dissolve the contract without giving any reason. This period starts on the day after the product, or in the case of partial delivery, after all products/components of the order, have been received by or on behalf of the buyer.
2.) To exercise the right of withdrawal, the buyer must inform Bubbles Creation of his decision through an unequivocal statement (e.g., in writing by post or email). The buyer can send the clearly formulated statement to sales@bubblescreation.nl.
3.) The buyer must then return the products as soon as possible – but no later than 14 days after the statement mentioned in paragraph 2 has been issued – in the manner indicated by Bubbles Creation.
4.) The return of the products must be done by registered mail in the original packaging (including accessories and accompanying documentation), with the original or similar protective material and in the condition in which the buyer received them, i.e., undamaged and unused. Direct costs of returning the products are for the account of the buyer.
5.) During the cooling-off period, the buyer will handle the products and packaging with care. He will only unpack or use the products to the extent necessary to assess whether he wishes to keep the product. The buyer is only liable for the depreciation of the products resulting from the use thereof that goes beyond what is necessary to determine the nature, characteristics, and operation of the products. After a successful withdrawal,
6.) Bubbles Creation will refund the amounts paid by the buyer (including initial delivery costs) within 14 days after the day of receipt of the statement mentioned in paragraph 2. Bubbles Creation may wait with the refund until it has received all products, or until the buyer has proven that he has returned the products, whichever occurs first.
7.) If the buyer has opted for a more expensive method of initial delivery than the cheapest standard delivery, Bubbles Creation does not have to refund the additional costs for the more expensive method.

Article 7 – Retention of title

1.) If applicable, Bubbles Creation retains ownership of all products delivered by Bubbles Creation until full payment of the price of all products delivered or yet to be delivered by Bubbles Creation to the buyer (including any interest and/or costs due), under the relevant agreement or earlier or later similar agreements.

Article 8 – Warranty and conformity

1.) Bubbles Creation guarantees that the products delivered by it comply with the legal requirements of usability, reliability, and lifespan as intended by the parties to the agreement.
2.) To the extent possible, the buyer is obliged to (have) immediately check(ed) the delivered product(s) upon receipt. If it appears that the delivered product is incorrect, defective, or incomplete, the buyer must (before returning it) report these defects to Bubbles Creation as soon as possible after discovery by email to sales@bubblescreations.nl. Any defects or incorrectly delivered products must be reported to Bubbles Creation in writing, in the case of a consumer purchase within 2 weeks (possibly in certain cases no later than 2 months) after discovery and in all other cases within a reasonable time after discovery or after it should reasonably have been discovered. Any return of the products must be done by registered mail in the original packaging (including accessories and accompanying documentation), in the condition in which the buyer received them, and in the manner indicated by Bubbles Creation.
3.) If it appears that the delivered product(s) do(es) not comply with the agreement, Bubbles Creation will replace or repair the delivered product(s) free of charge or reach a written agreement with the buyer on compensation.
4.)The buyer cannot invoke the warranty referred to in paragraph 1 if the delivered product(s) have been exposed to abnormal circumstances, if the buyer has not taken care of them as a careful debtor for their preservation, or if these products have been handled contrary to the instructions of Bubbles Creation and/or the instructions for use or if the buyer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties.

Article 9 – Liability

1.) Any liability of Bubbles Creation for damages is excluded, including but not limited to additional compensation in any form whatsoever, compensation for indirect or consequential damages, or damages due to lost profits (incurred by the buyer and/or third parties), except in case of intent or gross negligence on the part of Bubbles Creation.
2.) Bubbles Creation is not liable for errors and/or omissions on the part of its (sub)suppliers or auxiliaries.
3.) If for any reason, beyond the control of Bubbles Creation, a product cannot or could not be accepted by the buyer because the requirements of art. 2 paragraph 4 have not been met, Bubbles Creation is not liable for the resulting damage and it is not obliged to deliver a replacement product.
4.) The liability of Bubbles Creation and thus the amount of the damages is always limited to at most the invoice amount of the relevant products, or (at the option of Bubbles Creation) to the maximum amount paid out in the relevant case by the liability insurance of Bubbles Creation.
5.) The provisions of this article do not affect the legal liability of Bubbles Creation under mandatory legal provisions.

Article 10 – Complaints procedure

1.) Complaints about the execution of the agreement must be reported to Bubbles Creation within a reasonable time, fully and clearly described via sales@bubblescreation.nl, or by telephone, after the buyer has discovered the defects.
2.) Complaints submitted to Bubbles Creation will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Bubbles Creation will respond within this period with a message of receipt and an indication of when the buyer can expect a more detailed answer.

Article 11 – Non-consumer purchase

1.) The following clauses of these terms and conditions do not apply explicitly insofar as an agreement is concluded with a buyer acting in the exercise of a profession or business:
2.) Art. 2 paragraph 2 regarding the right of dissolution;
3.) Art. 3 paragraph 2 regarding the right of dissolution in case of a price increase;
4.) Art. 5 paragraph 4 regarding the maximum delivery period of 30 days;
5.) Art. 6 paragraph 1 regarding the mentioned right of withdrawal;
6.) Art. 8 paragraph 3 regarding repair and replacement.

Article 12 – Other provisions

1.) If a provision of these terms and conditions is declared void or unenforceable, the other provisions will remain in force, and an alternative provision will be agreed upon in mutual consultation that corresponds as much as possible to the old provision.
2.) The Vienna Sales Convention does not apply.
3.) Dutch law applies exclusively to all agreements between Bubbles Creation and the buyer to which these conditions apply.
4.) The Utrecht District Court has exclusive jurisdiction to hear disputes between Bubbles Creation and the buyer, unless Bubbles Creation prefers to submit the dispute to the competent court of the buyer’s place of residence.

Bubbles Creation 2024