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Terms of service

BUBLUV WEBSITE

PRODUCT PURCHASE AND SALE TERMS AND CONDITIONS

 THESE TERMS AND CONDITIONS (“Terms and Conditions”), TOGETHER WITH ANY ADDITIONAL TERMS WHICH MAY SEPARATELY BE MADE APPLICABLE IN WRITING BY BUBLUV INC. (referenced herein as “BUBLUV”) TO A PURCHASER OF PRODUCTS FROM THE BUBLUV.COM WEBSITE (“Buyer”), GOVERN THE PURCHASE AND SALE OF ALL PRODUCTS OFFERED BY BUBLUV FROM TIME TO TIME (THE "PRODUCTS”). 

 FORMATION OF CONTRACT / ORDERS.  A contract for the sale of Products will be formed only if and when an order from Buyer is accepted or confirmed by acknowledgement in writing by an authorized representative of BUBLUV, BUBLUV charges the Buyer for the ordered Products and/or Services, or BUBLUV ships the Products or undertakes performance of Services ordered (“Order”).  An Order may only be cancelled or modified if the request for cancellation or modification is received at least two (2) business days prior to shipment.  This means that in many cases, given BUBLUV’s prompt shipping practices, an Order will not be subject to cancellation or modification once placed.  In addition, given the nature of the Products, Orders are not subject to return to BUBLUV once delivered, for any reason

BACKORDERS. BUBLUV does its best to maintain an "in stock" status on all Products.  In the event that a Product goes on backorder after a Buyer has placed an Order, or in the event that a Buyer’s entire Order for whatever reason cannot be fulfilled, BUBLUV will contact the Buyer via e-mail to the email address provided at the time of Order, and BUBLUV will attempt to accommodate the Buyer’s stated preference.  However, in no event will BUBLUV be required to purchase any Products and/or Services in the marketplace to meet its Order obligations hereunder or be required to purchase materials and/or services necessary upon unreasonable terms and/or at unreasonable prices.  During any shortage of Products, BUBLUV reserves the right to cancel, without liability, any Order, the shipment of which is or may be delayed by reason of any cause or causes beyond its control.  Also, in the event BUBLUV determines to ship the portion of an Order that is in stock, the Buyer may be responsible for additional shipping charges beyond what would normally apply to the originally placed Order.

DELIVERY AND SHIPPING.  Accepted Orders are subject to BUBLUV’s commercially reasonable efforts to promptly deliver the Products, subject to circumstances beyond BUBLUV’s reasonable control, including without limitation, Product availability and the actions of BUBLUV’s service providers and shippers / carriers.  Orders are processed generally within 2 business days from our warehouse, and Orders will ship out once processed. During sales and promotional periods, Orders may take an additional 1–3 days to process.  As a general rule, Orders placed after 2 p.m. EST on a business day will begin processing the following business day.  Orders placed on a holiday will begin processing the next business day.  Notwithstanding these stated time frames, BUBLUV is not responsible for late or erroneous shipments, for shipping mistakes or issues, or for unintended mis-shipments (or for any liabilities, costs or expenses incurred by Buyer in connection with same) in any case, including where due to circumstances beyond BUBLUV reasonable control, whether due to an act of God, issues arising by reason of pandemic / epidemic or any contagious disease situation (including BUBLUV’s compliance with any regulations, recommendations, warnings, or guidelines relating thereto), an unforeseeable occurrence, supplier or service provider issues including BUBLUV’s inability to secure ingredients from its suppliers, a carrier or service provider issue, or any other event, without exception.  BUBLUV is also not responsible for the shipping and delivery time frames of the shipper / delivery service.

Buyer is expected to work cooperatively and in good faith with BUBLUV to manage and resolve any carrier loss or damage claims.  If the delivery carrier doesn't deliver any given package or claims to have made the delivery but the Buyer has not received it, BUBLUV will do its best to help the Buyer locate the package by opening an investigation with the carrier; however, BUBLUV is NOT the delivery carrier and, therefore, is not responsible for lost or undelivered Orders or packages. BUBLUV is unable to provide a refund for, or reship an Order or a package that is lost or otherwise not received, as it is the responsibility of the delivery carrier to ensure that the Order / package ultimately reaches the Buyer.  The Buyer is responsible for any errors in shipping information provided.  This applies whether the Products cannot be delivered due to the unavailability of Buyer or the delivery premises for delivery, a Buyer’s refusal of any tendered delivery, or otherwise any issue with a Buyer-provided delivery address. Buyer agrees that BUBLUV shall be authorized to charge the original method of payment for such charges in such event.

If an Order arrives damaged in any way, the Buyer is expected to, and agrees to, contact us right away (in any event within 24 hours of delivery) at hello@bubluv.com.  Photographic images of the damage will be required, including photos of both the affected Products and of the Product packaging, and the Buyer will need to make the damaged Product and Product packaging available to the carrier for pick-up upon request.  Note that BUBLUV is unable to issue a refund for products that have been damaged during shipping, but will use commercially reasonable efforts to replace the affected Products. The replacement Products will generally be shipped as soon as reasonably practicable after the damage from the original delivery has been confirmed, but the applicable carrier’s practices in this regard may apply.

PRICES AND PRODUCT INFORMATION.  Unless otherwise provided by BUBLUV in writing, all prices stated are in U.S. dollars.  Prices are subject to change without notice.  BUBLUV is not responsible for typos or errors in pricing, and BUBLUV’s sole obligation in the event of an error in a posted price for a Product will be to promptly correct the error when identified, and promptly advise the Buyer of the issue, along with the correct price for the Order.  BUBLUV reserves the right to change Product ingredients, recipes, specifications, packaging, or any of the descriptions and/or information provided relating to any Product at its sole discretion, at any time. 

PAYMENT.  BUBLUV reserves the right to change its credit, payment and shipping terms at any time, including without limitation the right to change the method of payment accepted, whether pricing includes shipping, etc..  BUBLUV reserves the right, among other remedies, to refuse to accept further Orders, to terminate any Order for Products, to suspend deliveries of Products and/or to recall Products in transit, retake the same and/or repossess all Products if at any time in BUBLUV sole discretion Buyer’s creditworthiness is impaired, Buyer stops or disputes a payment made for any given Order or Product ordered, or in the event Buyer otherwise fails to timely make, or to revoke, an owed payment relating to an Order.  BUBLUV will not be obligated to sell Products to any individual consumer in any instance, and BUBLUV may reject or refuse to accept any Order, or revoke its acceptance of any Order, for any customer, at any time, at its discretion, for any or no reason.

 

DISCOUNTS AND PROMOTIONAL OFFERS.  Any claims relating to prices, discounts, promotional offers, or other benefits pertaining to Product purchases and/or this Agreement will be deemed waived unless submitted either by the earlier of either (i) the end of the defined promotional period applicable to the discount or promotional offer; or (ii) within ten (10) business days from the Order date. No claim will be made against BUBLUV relating to any Order that was placed or Product that was purchased more than 10 business days earlier, and any claim asserted by Buyer shall be supported with such documentation as BUBLUV may reasonably require (such as without limitation, a dated consumer delivery or sales receipt, copies of credit card / debit card payment documentation and the like). Claims relating to discounts or other promotional offers made available by BUBLUV from time to time regarding specific Products are subject to the terms and conditions applicable to that particular offer or program, as announced by BUBLUV. 

RESELLING.  Products that are purchased from this website, with or without a discount code and subject to , or not subject to any promotional offer, are for personal use by the Buyer and shall not be resold without first asking BUBLUV for permission. If you want to resell one or more of BUBLUV’s products, then please contact us by e-mail at hello@bubluv.com.

 

TITLE AND RISK OF LOSS.  Title and risk of loss to Products shall pass to Buyer when Products are delivered to Buyer and BUBLUV is not responsible for any damage or loss to a Product that occurs after delivery, for any reason. 

 

WARRANTIES, LIMITATION OF LIABILITY. EXCEPT AS OUTLINED IN THESE TERMS, BUBLUV MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, REGARDING ANY PRODUCTS, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.  If any court having jurisdiction finally holds that this limitation of remedies is void or unenforceable, BUBLUV’s liability for any claim shall be limited to the amounts paid by Buyer for the Products and/or Services giving rise to the claim.  In addition, in no event will BUBLUV or its affiliates be liable to Buyer,  or any other party for incidental, consequential, indirect or special damages (including without limitation, lost profits, lost opportunities, economic loss, loss of use, lost productivity, synergies or efficiencies, overhead or administrative expenses, lost data, or damage to reputation or goodwill), irrespective of the nature of any claim asserted, and even if BUBLUV has been advised of the possibility of such damages and even if such damages result from negligence or other fault. BUBLUV’s sole obligation in the event of any Product issue will be to replace the affected Product, at BUBLUV’s sole option. In no event will BUBLUV be responsible for damages in excess of the purchase price paid for the affected Products, in any instance.

 

COSTS AND EXPENSES OF COLLECTION.  In the event that Buyer fails to make full payment for delivered Products (by improperly disputing a credit card charge or revoking payment authorization, for instance), Buyer shall be liable to BUBLUV for payment of all costs and expenses incurred by BUBLUV or its affiliates in seeking collection of the amounts owed by Buyer, including but not limited to the costs of collection agencies and reasonable attorneys’ fees incurred by BUBLUV or its affiliates.  In addition, in the event of Buyer’s default in payment for delivered Products, BUBLUV shall be entitled to collect an interest charge of the lesser of 1.5% of the outstanding balance per month or the maximum amount allowed by applicable law, along with a late payment fee equal to fifteen percent (15%) of the total Order cost.

 

GENERAL PROVISIONS.  If any provision of these Terms and Conditions is finally determined to be invalid or unenforceable by any court of competent jurisdiction, such determination shall not affect any other provision hereof, and all such other provisions will remain in full force and effect.  Once placed, no Order may be cancelled or assigned by Buyer except with the prior written consent of BUBLUV.  BUBLUV’s waiver of any breach or failure to enforce any of Buyer’s obligations under these Terms and Conditions at any time shall not limit or waive BUBLUV’s right thereafter to enforce strict compliance with the terms and conditions hereof.  The validity, construction and performance of these Terms and Conditions and the Contract formed between the parties shall be governed by the laws of the State of New York (without giving effect to its principles of conflict of laws).  Buyer, by submitting an Order for Products and/or Services with BUBLUV, irrevocably and unconditionally submits and waives any objection to the jurisdiction of the federal and state courts located in New York for purposes of any suit, action or proceeding arising out of or relating to these Terms and Conditions or the Contract formed between the parties, and agrees to take any and all future action necessary to submit to the jurisdiction of such courts.  However, BUBLUV may at its option bring suit, or institute other judicial proceedings, against Buyer in any court in any place where Buyer or any of its assets may be found.   The United Nations Convention on Contracts for the International Sale of Goods shall not govern these terms and conditions or any sales contract formed between the parties.

 

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

BUBLUV Inc. (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy  (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

  1. User Opt-In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive auto-dialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
  2. User Opt-Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt-out of the Program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that BUBLUV and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
  3. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery, and sale of food and beverages. Messages may include checkout reminders.
  4. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
  5. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at hello@bubluv.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt-outs must be submitted in accordance with the procedures set forth above.
  6. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
  7. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
  8. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with a text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text-messaging instructions.
  9. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18), and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
  10. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
  • Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
  • Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
  • Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
  • Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
  • Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
  • Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
  1. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in New York, NY before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which BUBLUV Inc’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration.

THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

  1. Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests, and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
  2. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

 

 

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