Terms and conditions
Last updated: 8 February 2023
General Terms & Conditions
GENERAL
Information about bubl
These terms and conditions (the “Terms“) are provided by bubl. AB (559167-7678) (“bubl, the company, we, our, us“, “us“, “our” or “we“).
Development, production, and sales of technology and products related to personal air purification.
Contact information
You may contact us by email at the following address: info@get-bubl.com
Agreeing to the Terms
By ordering Products, you agree to the Terms.
Changes to the Terms
We may modify these terms at any time. The terms and conditions are available on the Site and in the App and will be the ones that apply when you order Products from us, and we have accepted your order.
Definitions
“App” means our application accessible mobile device where you can order the Products.
“Contact Information” means the information set out under the section “Contact Information” above.
“Functions” means the Site, the App and the Products, jointly.
“Privacy Policy” means our Privacy Policy (https://www.get-bubl.com/privacy-policy/) which describes how we process personal data.
“Product or Products” means the product described under section “The Product” below which we have made available through the Site, and the App, together with any such other related equipment, services and information made available by us to you.
“Site” means our website (www.get-bubl.com).
” Supplier” means the company bubl. AB
“Customer” means the buyer and/or the subscriber of Products.
THE PRODUCT
Description of the Product
We provide babybubl portable air purifying system and associated accessories (the “Product” or, “Products“). More information about the Products can be found on the Site and in the App.
Order of Products
We ask you to order the Products in accordance with the instructions on the Site and the App.
We use the following ordering system: WooCommerce that provides you with the possibility to control and change the information you have provided to us during the order process before finalizing an order.
Our confirmation of your order will take place when we email you and/or send you a confirmation in the App. Our confirmation means that a contract has come into existence between you and us. If we are unable to confirm your order, we will inform you of this in writing and will not charge you anything. You can reach an agreement with us in Swedish, English, French.
If you need to change an order, please contact our customer service team using the Contact Information below. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the Products, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
Delivery of Products
During the order process we will let you know when and where we will deliver the Products to you, including any pertaining goods or digital content.
The delivery time depends on whether the ordered Products are in stock. Orders containing both in-stock Products and Products that are out of stock, may be held until all out-of-stock Products are in stock, at which time we will dispatch the entire order.
Delivery is made through the following freight partners:
- UPS
You can read about our freight partners here: https://www.ups.com/se/sv/support/shipping-support/legal-terms-conditions.page.
Some alternatives may involve freight costs, which in such a case are clearly stated when ordering. The expected delivery time is specified during the order process. Note that delivery of large packages can be changed to home delivery and that light packages can be delivered in the mailbox at your registered address. We do not guarantee that the freight alternatives are available at the destination that you wish the delivery to be made to.
We deliver to the following countries/regions: Europe. Delivery times, payment options, freight partners and freight cost may vary from what has been stated in these Terms if you want the Products delivered outside of Sweden. The specific terms applicable for a delivery of Products outside of Sweden will be communicated to you during the order process.
We have the right to charge you for handling that arises when you do not pick up your ordered Products in time from the place of delivery following transport of the Products. The same applies if you, or someone on your behalf, is not present at the time of delivery. We may cancel the delivery if you have provided us with incorrect, incomplete, or inaccurate information before the delivery.
OWNERSHIP AND SUBCSRIPTION AGREEMENTS
The Product is the property of the Supplier and remains the property of the Supplier during the duration of the subscription agreement. The Customer does not acquire any ownership rights to the Products through the subscription agreement.
The Product will be marked with a sign displaying the Product to be the property of the Supplier. The Customer shall immediately inform the Supplier if the sign has been destroyed or become unreadable.
The Customer is not allowed to pledge, sell, grant rights, or in any other way dispose of the Product or in any way alter, destroy, or remove any sign or marking from the Product.
The Supplier has the right to inspect the Product at any time during the subscription period by means of the Customer sending photos of the Product to the Supplier.
PRICES AND PAYMENT
Price information
You must pay all applicable fees as set out and described on the Site and/or the App for the Products that you have selected. The prices for the Products are set out on the Site and/or in the App and include Value Added Tax (VAT) but no other costs such as delivery costs nor any other fees and taxes. The price of the Products provided to you Ex Works will be the price indicated on the order pages when you place your order.
We have the right to change the prices for the Products. If we change the prices, we will notify you in advance. By continuing to order the Products after the price changes come into effect, you agree to be bound by the new prices.
Payment Terms
Payment for the Products can be made in accordance with what is set out below, through purchase or through a 12-month subscription agreement. When the 12-month subscription has ended, the subscription will automatically renew monthly.
We offer payments by way of:
- Card payment
- Direct payment
We offer payments in cooperation with Klarna and Pay Pal. On your payment, the third-party processor’s/provider’s terms and conditions will apply: (Klarna: https://www.klarna.com/se/villkor/; Pay Pal: https://www.paypal.com/se/webapps/mpp/ua/legalhub-full). You may be requested to identify yourself and credit reports may be pursued. If we use a third party for payments, we will not have access to or store any payment information.
The Products may be paid for by credit or debit card. You must keep the payment information accurate and up to date.
We will invoice you for the Products in advance or in arrears, with the frequency agreed for the period contracted. You agree that we may issue electronic invoices, which will be sent to the email address you have provided upon ordering of the Products. You must keep the payment information accurate and up to date.
We are entitled to perform a credit check when we in our sole discretion deem this is needed to be able to offer you a credit period.
You agree to pay within the set time for the payment method you choose. Payment after the due date can entail late payment fees and interest.
Payment Terms for Subscription Agreements
The Subscription fee payable by the Customer is as agreed between the Supplier and the Customer when the order is placed and accepted by the Supplier. Additional fees for delivery and invoicing will apply in addition to the subscription fee.
The Customer does not have the right to withhold payments for any reason attributable to non-performance on the part of the Supplier.
Late payments from the Customer will be subject to late payment interest at the rate of Stibor + 8 percentage units from the date of maturity until paid. The Supplier will further have the right to charge for fees connected to reminders to pay.
The Supplier has the right to sell or place unpaid invoices or payments to any third party for collection of payments due.
If the Customer is unable to pay fees due or unable to return the Products upon the request of the Supplier, it will be considered as theft and reported to police authorities. In such case, the Supplier has the right to issue a final invoice for the Product. The price on the final invoice will be the full purchase price of the Product + 30%. In addition, the Supplier will charge relevant fees for packaging, packing and freight.
YOUR OBLIGATIONS
Eligible customers
We offer the Products to individuals acting as consumers (as defined under applicable local law).
You may not order the Products or use any of the Functions if you are below eighteen (18) years of age unless you have legal permission from your legal guardian.
Use of the Functions
When you use the Functions, you must always comply with all applicable laws and their terms. You may not use the App or the Site in a manner contrary to ours, or any third parties, rights and interests. You agree to comply with all instructions and recommendations provided by us from time to time.
Other obligations
We assume that the information, including contact information, that you provide us with is correct and up to date. The information, including contact information, that you have provided to us will be used when we provide you with information and/or materials, such as digital content etc.
We only supply the Products to you for private use. You may not use the Products for any commercial, business and/or re-sale purposes.
Obligations under subscription agreements
Product usage and care
The Customer is obliged to use the Product in accordance with instructions and handle it with care for the Product to not deteriorate beyond normal tear and wear.
Prohibitions
The Customer is prohibited to
- Alter the Product in any manner.
- Rent the Product to a third party.
- Transfer or in any manner dispose of this agreement.
If legal action is taken against the Customer during subscription, such as foreclosure or impoundment, the Customer is obliged to present this subscription agreement to the surveyor evidencing the Supplier as the rightful owner of the Product. The Customer is further obliged to inform the Supplier about the action taken by the surveyor.
If the Product is faulty
The Customer shall inspect the Product upon receipt and inform the Supplier of faults within 14 days from receipt of the Product.
The Suppler may recall the Products and its accessories at any time upon suspicion that the Products are defective or can cause harm.
Service and maintenance
The Customer shall immediately inform the Supplier if the Product needs service and/or maintenance. The Suppler has the right to charge for repairs when the Customer has handled the Products carelessly.
The Customer has the right to request service of the Products at the Suppliers place of service.
If the Product cannot be repaired, the Supplier has the right to replace it with an equivalent Product. If the Supplier cannot replace the Product within reasonable time, the Customer has the right to cancel the subscription agreement.
Loss or damage to the Product
The Customer bears the sole responsibility for loss or damage to the Products. Loss or damage to the Product does not release the Customer from its obligation to pay fees or from any other obligation under this agreement.
If the Product gets destroyed, lost, or damaged in such a way that the Product can no longer fulfill its function, the Customer must inform the Supplier thereof with immediate effect. The Customer is further obliged to compensate the Supplier with one (1) year of agreed monthly subscription payments.
Insurance
The Customer shall have home insurance that covers loss, theft, and damages to the Product. The Supplier must be contacted with immediate effect in case of insurance matters pertaining to the Products.
Change and return of Product
The subscription agreement is bound for 12 months in accordance with the order acknowledgement and this agreement.
Upon cancellation in writing, the Customer shall return the Product in its original packaging and pay for the freight to the address specified by the Supplier.
The subscription is cancelled when the Product has been returned to the Supplier. The Customer shall have returned the Product no later than 14 days after cancellation. The Customer is obliged to continue to pay monthly fees 14 days after cancellation if the Product has not been received at the address specified by the Supplier. The Customer is further obliged to present proof of return delivery when requested by the Supplier.
If the Customer is unable to provide proof of return delivery, or if the Product is damaged during return delivery, the Customer is liable to pay damages.
The Customer has the right to cancel the subscription agreement if cancelled within 14 days from order confirmation and provided that the Product has not been used. The Supplier has the right to charge freight costs for return delivery.
OUR LIABILITY
Warranty
As regards any Products in physical form, we are liable for original defects, such as a manufacturing defect. A defect that becomes visible within twenty-four (24) months will be considered as having been there from the start, unless we can prove that the defect was not there upon purchase or delivery. After twenty-four (24) months it is up to you to prove that the defect was there upon purchase or delivery.
We are not responsible for any defects caused by you, for example where you have not complied with maintenance instructions or if you have mistreated the Products.
Complaints
In the event that you consider the Products to be defect, you may make a complaint by using any of our Contact Information. You must make the complaint within a reasonable time (within two (2) months will always be considered as reasonable). You cannot make complaints in relation to defects discovered more than three (3) years after the purchase occasion of the Products.
In the event that we shall perform a repair or replacement you are obliged to make the Product available to us.
Your rights in the event of defects
In the event of defects, you may:
- Require repair of the Products or require a new delivery, meaning that you will receive other equivalent products, provided that can be achieved at reasonable cost.
- Terminate the agreement, provided that the defect is of material importance.
Delay
Sometimes we may not deliver the Products within the period agreed between us (and you have not caused this delay). You can in the event of such delay:
- Require that we fulfil the order and deliver the Products.
- Terminate the agreement, provided that the defect is of material importance to you.
Cancellation
You may always cancel the Products before they have been delivered to you. If you cancel the order, we are entitled to compensation for the costs that we have had in relation to the order.
Defects and delays beyond our control (force majeure)
We are not responsible for delays and defects outside our control. If our suppliers are delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided that we do this, we will not be liable for defects and delays caused by the event, but if there is a risk of substantial defect or delay you may contact us to end the agreement and receive a refund for any Products you have paid for but not received.
WITHDRAWAL RIGHT
How to exercise the right of withdrawal
In accordance with the Act on Distance Contracts and Off-Premises Contracts (Sw. distansavtalslagen) you have the right of withdrawal within fourteen (14) days from the day on which you receive the Products.
To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by a clear written statement. Please contact us by using any of our Contact Information.
To meet the withdrawal deadline, it is enough for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from a contract with us, we will reimburse all payments received from you provided that the Products are returned in an unchanged condition and have not lost in value due to your handling of the Products in a way that is not necessary for the examination of the Products. Refunds will be processed by using the same means of payment as you used for the initial transaction.
Any Products received that you no longer want must be returned by you. Products that you wish to return shall be returned without undue delay and in no event later than fourteen (14) calendar days from the day on which we are informed about your decision to cancel or until we have received evidence that the Products have been sent from you, whichever is the earliest.
To return any Products, you ship the items (including receipt or other proof of purchase) to the address under section Company information. We will ask you to pay for the shipping costs for returning the Products.
If you exercise your right of withdrawal regarding a contract of Products with digital content or digital service, you must refrain from using the digital content or the digital service and from making it available to another party.
PRIVACY
We process your personal data in accordance with our Privacy Policy.
PROPERTY AND INTELLECTUAL PROPERTY RIGHTS
Our rights
The Site and the App are owned and operated by bubl, the company, we, our, us. All copyrights, trademarks, trade names, logos and other intellectual or industrial property rights held and used by us as well as those presented in the Functions (including titles, graphics, icons, scripts, source codes etc.) are our property or third party licensors’ property and must not be reproduced, distributed, sold, used, modified, copied, limited or used (in whole or in part) without prior written permission.
Respect for our property
You must not tamper with, attempt to gain unauthorized access to, modify, hack, repair or otherwise adjust any of our material, hardware, source-codes, or information for any purposes.
Respect for our intellectual property
The Products and other information, including all associated intellectual property rights, provided and made available by us, remain our exclusive property. You may not use our exclusive property for commercial or any other purposes without our written consent.
APPLICABLE LAW
Swedish law shall apply to these Terms and our legal relationship in general.
COMPLAINTS AND DISPUTES
If you have any complaints, please contact our support department by using any of our Contact Information.
We will always first try to solve your complaints through discussions between you and our support department. In the event of a complaint or dispute you may, however, always contact the Swedish National Board for Consumer Disputes (Sw. Allmänna reklamationsnämnden).
Disputes regarding the interpretation and application of these Terms shall be resolved by the Swedish National Board for Consumer Disputes or by the competent ordinary court. In the event of a dispute at Swedish National Board for Consumer Disputes we will follow the Swedish National Board for Consumer Disputes decision.
Please also note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform available at ec.europa.eu/consumers/odr.
COMPANY INFORMATION
bubl. AB is an entity registered in Sweden.
Registered address: Gert Fredrikssons Vaeg 3, 61135 Nykoeping
Reg. No: 559167-7678
VAT Reg. No: SE559167-767801