Terms & Conditions
In order to help us provide an optimal site and service and increase our speed of site download time, we gather the following information in aggregate form: operating system (e.g.Macintosh, Windows - Mac/PC), browser type (e.g. Navigator, Internet Explorer), IP address, and Internet domain. Cookies are used to record your purchase preferences each time you visit our site. Information gathered on our email registration form is simply your email address. This costs nothing to you but ensures we can update you with info on special offers that are not available to non registrants.
We use customer contact information from the order form for accounting purposes and to contact the customer when/if necessary (e.g. for customer service issues). In the instance when Bluebella uses a third party to fulfill the transaction, the following information is provided to the supplier in order to facilitate the transaction and/or exchange of goods: email address, phone numbers, fax number and payment details, including credit card information. Bluebella also uses the order information to send the customer information about our company and our services. Demographic and profile data is used to provide aggregate customers profiles to our marketing partners and to help us create a better service. Demographic and profile data is used to tailor our visitors' experience at our site, showing content that we think might be of interest, and displaying the content according to these preferences. Customers can opt out at any time of receiving these future mailings by unsubscribing.
Information gathered from contests: occasionally we run contests on our site and the customer's contact information is used to contact the customer when necessary (e.g. to notify you if you have won) and customers are added to our mailing list for future products. Customers may opt out at any time of receiving future mailings; see the unsubscribe section. Abbreviated/censored customer names and/or e-mail addresses may be used on our contest winners' page as well. We do not sell, share, trade, rent, or give away any of your personal information on our email lists.
Emails sent to Bluebella may occasionally be used for testimonial purposes but will be withdrawn from the web site if requested. Our site may from time to time contain links to other sites and Bluebella is not responsible for the privacy practices or the content of such web sites. Removal requests will be made within 11 working days of the request. If you have any questions about this privacy statement, the practices of this site, or your dealings with Bluebella please contact us at email@example.com.
Only one voucher/coupon may be used per order. Minimum order value may apply, and coupons cannot be used on multiple orders unless stated.
No contract will subsist between you and Bluebella for the sale by it to you of any order unless and until Bluebella accepts your order by e-mail confirming that it has been dispatched.
- PLACE OF PERFORMANCE AND APPLICABLE LAW
Bluebella is a company registered in England. Unless otherwise specified, the materials on this site are directed solely at those who access this site from the United Kingdom mainland. Bluebella makes no representation that any product referred to in the materials on this site is appropriate for use, or available, in other locations. Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable. English law shall govern this Agreement. You and we each submit to the exclusive jurisdiction of the English courts in relation to disputes arising out of this Agreement. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
2.1 Bluebella has taken reasonable care in the preparation of the content of this site. However, to the extent permitted by applicable law, Bluebella disclaims all warranties (express or implied) as to the accuracy of the information contained in any of the materials on this site.
2.2 Bluebella shall not be liable to any person for any loss or damage, which may arise from the use of any of the information contained in any of the materials on this site.
2.3 Certain links in this site (typically a banner advert or icon) will lead to sites which are not under the control of Bluebella. When you activate any of these you will leave the Bluebella site and Bluebella has no control over and will accept no responsibility or liability for the material on any site which is not under the control of Bluebella.
- LIMITATION OF LIABILITY
3.1 You agree that Bluebella shall not be liable either in contract, tort, negligence, statutory duty or otherwise, for any:
3.1.1 loss of profits, revenue or goodwill or any type of consequential, indirect or special loss or damage whatever arising from or in any way connected with this Agreement;
3.1.2 direct loss or damage (including loss or damage which is reasonably foreseeable or occurs naturally in the course of things) resulting from any acts, omissions, failures or delays occurring on or in relation to those parts of the Internet not under Bluebella's direct control including, without limitation, damage for loss of business, loss of sales, non payment of sums due, loss of profits, business interruption, loss of reputation, loss of business information, or any other pecuniary loss (even where Bluebella has been advised of the possibility of such loss or damage).
3.2 You also agree that (except in relation to such liability as has been expressly excluded in clause 3.1 above) the maximum aggregate of liability of Bluebella in contract, tort, negligence, statutory duty or otherwise (even where Bluebella has been advised of the possibility of such loss or damage), for any loss or damage whatever arising from or in any way connected with:
3.2.1 any defect in a product;
3.2.2 any failure by Bluebella to process signals, data, information, orders or messages correctly or in a timely manner;
3.2.3 any misrouting or non-delivery of signals, data information, messages or orders from you to other persons or from other persons to you, or any scrambling or distortion of data or information contained in them; and
3.2.4 any liability not excluded by this Agreement shall, in respect of any one or more events or series or events (whether connected or unconnected) taking place within any twelve month period be limited, in the case of defects falling within clause 3.2.1, to the price of the relevant goods and otherwise to $50. This limit shall also apply in the event that any exclusion or other provision contained in this Agreement is held to be invalid for any reason and Bluebella becomes liable for loss or damage that could otherwise have been limited.
3.3 You agree and acknowledge that you are in a better position than Bluebella to foresee and evaluate any potential damage or loss that you may suffer in connection with the goods and services provided by Bluebella, and therefore that Bluebella cannot adequately insure in respect of such liability. You warrant to Bluebella that you will insure against, or bear yourself, any loss for which Bluebella has excluded liability.
3.4 Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of liability set out in this clause 5 may not apply to you.
3.5 In particular, nothing in this Agreement shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from the negligence or fraud of Bluebella.
Save to the extent that it falls within the provisions of clause 5, you shall indemnify Bluebella and any third party (including its sub-contractors) from and against any liability, losses, rights, expenses, loss of profits, business interruption, consequential loss, pecuniary loss, claims or legal proceedings, including, but not limited to claims involving defamation and intellectual property infringement, and expenses, including legal fees, arising from your use of the Bluebella site or purchase of goods and/or services from that site which are brought or threatened against Bluebella or suffered or incurred by Bluebella by another person or entity.
Delivery times quoted are estimates only, and Bluebella shall not be liable for any delays caused except to the extent caused wilfully or negligently by Bluebella.
All designs, text, graphics and their selection and arrangement on this site are the copyright of Bluebella or its content providers. As a visitor to the Bluebella site you are licensed to copy electronically or to print portions of this site for your own personal, non-commercial use. Any other use of materials on this site without Bluebella's prior written consent is strictly prohibited.
7.1 Intellectual property rights in any software or any other copyrighted materials ("Software") and supporting documentation supplied by us to you remain our property or that of our licensors.
7.2 Without our written consent and without affecting any applicable statutory rights under the relevant legislation (as amended, supplemented or replaced from time to time) you shall not and shall not permit any other person to:
7.2.1 disassemble, reverse engineer, decompile or in any other way interfere with the Software;
7.2.2 copy or modify the Software; or
7.2.3 create any new Software partly or wholly based on the Software.
7.3 Subject to the terms of this Agreement, you are licensed to use the Software and associated documentation non-exclusively, but only for the purposes identified on the site in relation to the Software.
7.4 You must not transfer, assign or sub-license your right to use the Software or attempt to do so.
- TYPOGRAPHICAL AND PRICING ERRORS
In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse to meet or to cancel any orders placed for that product or service whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card account in the amount of the charge.
- MATTERS BEYOND OUR REASONABLE CONTROL
Bluebella shall not be held liable for any breach of this Agreement caused by circumstances out of its control including, but not limited to, Acts of God, fire, lightning, or extremely severe weather, explosion, war, disorder, flood, industrial disputes (whether or not involving our employees), acts or omissions of Internet services providers or acts of local or central Government or other competent authorities.
In the event of conflict or inconsistency between the terms of the English language version of this Agreement and any translation provided by us, the English language version shall prevail.
In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.
- COUPON CODES
Coupon codes can be used towards goods of a higher price than the value of the coupon code on payment of the excess by credit/debit card.
Coupon codes can be redeemed at www.bluebella.us on any purchase agreed in the specific terms and conditions of that sale.
Coupon codes refunds are subject to these terms and conditions and are not assignable or transferable.
Only one coupon code can be used per person unless otherwise specified.
Only one coupon code can be redeemed against a purchase in any one transaction unless otherwise specified.
Coupon codes cannot be used in conjunction with other discount codes unless otherwise specified.
Coupon codes refunds are not transferable and have a cash redemption value of 0.001c.
Coupon codes are non-returnable.
Bluebella reserve the right to immediately suspend proceedings with a purchase if it believes the customer is in breach of any of these terms and conditions.
A coupon code cannot be claimed on transactions that have already been processed by Bluebella.
Bluebella reserves the right to amend the terms and conditions of coupon codes at any time and to take any action it deems reasonably necessary which may include cancelling the coupon code. This does not affect your legal rights.
Bluebella cannot be held responsible for failure to meet its obligations regarding the sale, redemption or any other action in connection with coupon codes which occur as a result of, but not limited to, acts of God, fire, flood, governmental intervention or disruption or breakdown of computer and IT infrastructures.
Coupon codes apply against the full normal RRP of the product unless otherwise stated.
Coupon codes cannot be used in conjunction with existing offers or loyalty points unless otherwise stated.
The construction, validity and performance of these conditions shall be governed by the laws of England and Wales.
Competition details form part of these terms and conditions.
Entry is not permitted for employees (and their families) of Bluebella, its printers and agents, the suppliers of the prizes and any other companies associated with the competitions.
Entrant(s) must be aged 18 or over.
Proof of identity and age may be required.
Use of a false details or misuse of the intention of the competition will result in disqualification at Bluebella's discretion.
All entries must be made directly by the person entering the competition.
Entries made online using methods generated by a script, macro or the use of automated devices will be void.
No responsibility can be accepted for entries lost, delayed or corrupted, or due to computer error in transit.
The prizes are as stated, are not transferable to another individual and no cash or other alternatives will be offered.
The winner(s) is(are) responsible for expenses and arrangements not specifically included in the prizes, including any necessary travel documents, passports and visas.
Prizes are subject to availability and the prize suppliers' terms and conditions where applicable.
The promoters reserve the right to amend or alter the terms of competitions and reject entries from entrants not entering into the spirit of the competition.
In the event of a prize being unavailable, the promoter reserves the right to offer an alternative prize of equal or greater value.
The winner(s) agree(s) to the use of their name, photograph and disclosure of county of residence and will co-operate with any other reasonable requests by Bluebella relating to any post-winning publicity.
Unless stated otherwise all postal entries must be made on the relevant coupon or form printed.
Unless stated otherwise the winner(s) will be drawn at random from all correct entries received by the closing date stated within the promotional material.
Reasonable efforts will be made to contact the winner(s). If the winner(s) cannot be contacted, or are unable to comply with these terms and conditions, the Promoter reserves the right to offer the prize to the next eligible entrant drawn at random; or in the event that the promotion is being judged the Promoter reserves the right to offer the prize to the runner(s)-up selected by the same judges.
Confirmation of the prize will also be made in writing to the winner(s) where applicable or requested.
Failure to respond and/or provide an address for delivery, or failure to meet the eligibility requirements may result in forfeiture of the prize.
Where applicable, the decision of the judges is final based on the criteria set out in the promotion and no correspondence will be entered into over this decision.
Competitions may be modified or withdrawn at any time.
The provider of the prize is Bluebella unless specified within the promotional material.
The Promoter is Bluebella Limited, Brickfields, Unit 201, 37 Cremer Street, Hoxton, London, E2 8HD.
In the event of a discrepancy between these standard terms and conditions and the details in the promotional material (or any other terms and conditions provided/referred to at the time of entry), the details of the promotional material (and any other terms and conditions provided/referred to at the time of entry) shall prevail.
A list of winners will be available by writing into us or requesting on the website at the Promoter's address no earlier than six weeks (unless otherwise stated) after the close of the competition. For data security reasons only the surname and county of the winners will be disclosed.
- CALIFORNIA CONSUMER PRIVACY ACT (CCPA)
Please go to our Privacy Notice below, where we explain the various ways that you can exercise your rights. You can opt-out of us selling your personal information, submit a subject access request, or request that we erase your personal information.
If you have any further questions, please contact our Data Protection team at firstname.lastname@example.org
Bluebella is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. Bluebella may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.
BASIS ON WHICH WE PROCESS PERSONAL DATA
Personal data we hold about you will be processed either because:
- you have consented to the processing for the specific purposes described in this notice;
- the processing is necessary in order for us to comply with our obligations under a contract between you and us; or
- the processing is necessary in pursuit of a "legitimate interest", a legitimate interest in this context means a valid interest we have or a third party has in processing your personal data which is not overridden by your interests in data privacy and security.
PERSONAL DATA WE COLLECT
We may collect and process the following personal data (information that can be uniquely identified with you) about you:
- log-in details and information you provide when setting up an account on the Site ("Login Information");
- profile information you provide to us relating to your account or profile with us ("Account Information");
- contact information we collect from you (for example, your name, address, telephone number, email address) ("Contact Information");
- information we collect which relates to orders you have placed with us, including products you have ordered, shipping destinations the price of products you have ordered and any customisation ("Order Information");
- information provided to us relating to payment including credit or debit card details ("Payment Information");
- Information provided in relation to personal preferences and interest and survey information (“Personal Preference Information)
- a record and details of any correspondence or communication between you and us or relating to any complaint submitted to us ("Communication Information");
- details of your visits to the Site, the resources and pages that you access and any searches you make ("Technical Information");
Generally we collect personal data directly, but we may obtain data from third parties from time to time. For instance we may licence data from a postcode database in order to ensure efficient shipping. If we do obtain your personal data from a third party your privacy rights under this notice are not affected and you are still able to exercise the rights contained within this notice.
You do not have to supply any personal information to us but the Site may not be operable without providing data to us. In particular we will be unable to fulfil an order without collecting some personal data from you.
You may withdraw our authority to process your personal data (or request that we restrict our processing – see your privacy rights below) at any time but we will be entitled to complete any orders we are then processing and we may need to withhold some personal data for legal or other reasons.
HOW WE PROCESS YOUR PERSONAL DATA
Please see the table below, which sets out the manner in which we will process the different types of personal data we hold:
Purpose or Activity
Type of data
Lawful basis for processing including basis of legitimate interest
When you register with the Site
When you update or amend your account details
When we fulfil an order for products placed with us
When you seek to cancel or change an order
To manage our relationship with you which will include:
To administer and protect our business, including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data
To use data analytics to improve the Site, services, marketing, customer relationships and experiences
We may periodically send emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.
Customer and order information is processed by Shopify Inc., which is based in the United States.
SHARING YOUR INFORMATION
We do not disclose any personal data you provide to any third parties other than as follows:
- If you place an order personal information relevant to your delivery will be provided to our shipping partner;
- We may host personal data with third party hosting partners;
- Certain third party suppliers including technical support providers may have access to personal data;
- where we carry out research to gain an insight into the use of our services, the results of this research (but not your personal data itself) may be transferred to interested third parties;
- if we are under a duty to disclose or share your personal data in order to comply with any legal obligation (for example, if required to do so by a court order or for the purposes of prevention of fraud or other crime);
- in order to enforce any terms and conditions or agreements for our services that may apply;
- we may transfer your personal information to a third party as part of a sale of some or all of our business and assets to any third party or as part of any business restructuring or reorganisation, but we will take steps with the aim of ensuring that your privacy rights continue to be protected;
- to protect our rights, property and safety, or the rights, property and safety of our users or any other third parties. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
- We sometimes make our mailing list available to third party companies whose products we thought might interest you. Occasionally we may also make our mailing list available to established charities. We reach these other companies and charities directly or via a data co-operative. A data co-operative collects data and customer information across a range of different retailers. The data co-operative then analyses that information to help the participating companies tailor their communications. The data co-operatives may also use the customer information for their own marketing or commercial purposes. To opt out of sharing your personal data with third parties, please email our Data Protection team at email@example.com
Other than as set out above, we shall not disclose any of your personal information unless you give us permission to do so . If we do supply your personal information to a third party we will take steps to ensure that your privacy rights are protected and that third party complies with the terms of this notice.
MARKETING & PRIVACY PREFERENCES
- UNSUBSCRIBING FROM OUR CATALOGUES:
From time to time we will send you catalogues and promotions by post. If you no longer wish to receive postal mailings from us, email firstname.lastname@example.org with your name & postal address, which can be found on the back of your latest catalogue.
Please note catalogues are printed in advance so you may receive one further mailing after opting out.
- UNSUBSCRIBING FROM OUR NEWSLETTERS:
We will ask you for your email address so that we can send you an order confirmation and any further delivery information. From time to time we will send you special offers and promotions. If you no longer wish to receive these promotions, please click on the unsubscribe link at the bottom of the email, or contact please email email@example.com
- UNSUBSCRIBING FROM OUR MESSAGING:
We will ask you for your phone number so that we can send you special offers and promotions. If you no longer wish to receive these messages, please text the keyword STOP to our shortcode to opt out of receiving our text messages.
- CAN I GO BACK ON YOUR MAILING LIST?
If you have previously asked us not to send catalogues and promotions by post or email but have changed your mind, you can resubscribe to email newsletters by signing up again via the website signup form. For promotions by post please email firstname.lastname@example.org.
- OPTING OUT OF THIRD PARTY MAILINGS
If you no longer want third party mailings, please email email@example.com with your name and address.
- DO NOT SELL MY INFORMATION
You have the right to request not to sell your personal information that we have collected and will process your request in 15 days and notify any relevant third parties. You opt back in at anytime using the same email address as opting out. Make your request by emailing our Data Protection team at firstname.lastname@example.org.
- DELETION OF PERSONAL INFORMATION
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. We will delete, and direct our service-providers to delete, your personal information from our records, unless an exception applies. You can make your request by emailing our Data Protection team at email@example.com.
We will take all reasonable steps to ensure that appropriate technical and organisational measures are carried out in order to safeguard the information we collect from you and protect against unlawful access and accidental loss or damage. These measures may include (as necessary):
- protecting our servers by both hardware and software firewalls;
- locating our data processing storage facilities in secure locations;
- encrypting all data stored on our server with an industry standard encryption method that encrypts the data between your computer and our server so that in the event of your network being insecure no data is passed in a format that could easily be deciphered;
- disposing or deleting your data securely;
- regularly backing up and encrypting all data we hold.
We will ensure that our employees are aware of their privacy and data security obligations. We will take reasonable steps to ensure that the employees of third parties working on our behalf are also aware of their privacy and data security obligations.
This notice and our procedures for handling personal data will be reviewed as necessary.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Site; any transmission is at your own risk. Once we have received your information, we will use the strict procedures and security features referred to in this clause to try to prevent unauthorised access.
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
An Internet Protocol (IP) address is a number assigned to your computer by your Internet Service Provider (ISP), so you can access the Internet. We may use your IP address to diagnose problems with our server, report aggregate information, and determine the fastest route for your computer to use in connecting to our Site, and to administer and improve the Site.
LINKS TO OTHER WEBSITES
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
In addition, if you came to this Site via a third party site, we cannot be responsible for the privacy policies and practices of the owners or operators of that third party site and recommend that you check the policy of that third party site and contact its owner or operator if you have any concerns or questions.
TRANSFERRING YOUR INFORMATION OUTSIDE THE UK OR EEA
As part of the services provided to you the information you provide to us may be transferred to, processed and stored at, countries or international organisations outside of the UK or European Economic Area (“EEA”).
We have customers who are outside of the UK or EEA and in those circumstances, personal data will be transferred outside of the UK or EEA (for instance to shipping partners).
We will not transfer the personal data of UK or EEA customers in a systematic way outside of the UK or EEA but there may be circumstances in which certain personal information is transferred outside of the EEA, in particular:
- If you use our Site while you are outside the UK or EEA, your information may be transferred outside the UK or EEA in order to provide you with our services;
- We may communicate with individuals or organisations outside of the UK or EEA in delivering our services, those communications may include personal information (such as contact information) for example you may be outside of the UK or EEA when we communicate with you;
- From time to time, your information may be stored in devices which are used by our staff outside of the UK or EEA (but staff will be subject to our cyber-security policies).
If we transfer your information outside of the UK or EEA, and the third country or international organisation in question has not been deemed by the EU Commission or Secretary of State (as the case may be) to have adequate data protection laws, we will provide appropriate safeguards and we will be responsible for ensuring your privacy rights continue to be protected as outlined in this notice. If you would like to obtain details of the safeguards we have put in place then please contact us at firstname.lastname@example.org.
By submitting your personal information to us you agree to the transfer, storing or processing of your information outside the UK or EEA in the manner described above.
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:
- Pay in 4 Payments
Further information and Klarna’s user terms you can find here. General information on Klarna can be found here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.