Terms and Conditions

The terms and conditions drafted on this page are applicable to the use of and any subsequent purchases through the web page www.bimblecloud.com. Terms and conditions refers collectively to both ‘terms of sale’ and ‘terms of use’ which are set out below.

Terms of Sale

The way in which we sell and supply to you any purchase of products you make through this website, as well as your rights to refunds, cancellations, amendments and exchanges for any purchase you have made.

The way in which you can use, navigate and interact with this website.

We ask you to read through these Terms and Conditions carefully prior to the use of this site or making a purchase, as by this you are agreeing to be bound by these Terms and Conditions. These Terms and Conditions may be updated from time to time, and we reserve the right to amend these without prior notice.

Terms of Sale

Placing an order

Every purchase made on www.bimblecloud.com is bound by the following sub-headings:

Order Placement and your contract with us

All orders must be placed through www.bimblecloud.com unless otherwise agreed. If you are unable to process your order, please contact Bimble Cloud for assistance.

If an order is subsequently placed by Bimble Cloud on your behalf, and you believe this order was made in error, or it contains item level errors, you must get in touch with us within 24 hours to note the error. Otherwise, the order will be fulfilled and applicable terms set out here on placing an order will be upheld.

Bimble Cloud reserves the right to reject any order submitted for any reason.

Price and Payment

Prices on www.bimblecloud.com are listed in GBP (£) and are exclusive of VAT at this time. Payment is taken at the time of order.

For orders placed online, written confirmation will follow within 24hrs via the email address provided.

For Wholesale Buyers and Stockists ONLY

There is a minimum spend for wholesale buyers and stockists of £120. Orders below this amount will not be accepted and will be refunded to the original payment method. Sale or return is not available.

As standard, payment will be made via the website at the time of ordering using the Online Order Form

For longstanding accounts, payment can be made via BACs upon invoice. This is not an automatic right, but can be arranged on request. Bimble Cloud do not accept payments over the phone.

Credit options are not available. For any longstanding accounts with overdue invoices, orders will not be confirmed or processed until the outstanding balance is paid in full.

Promotions

From time to time we may offer a promotional code through our mail outs, verbally, or as part of a competition to be used on our website. Promotional codes cannot be used in conjunction with any other offer and cannot be used on sale or discounted items, unless otherwise stated. If you have more than one promotional code, it is the customer’s responsibility to choose which they would prefer to use, and Bimble Cloud will not be liable to change this after purchase has been made.

Any promotional web codes shared for basket discounts are for the commercial use of the company they were intended for, and should not be shared with any third parties.

Cancellation, Returns and Exchanges

Your order will be processed as per your items selected, any changes to your order must be reported within 24 hours, otherwise Bimble Cloud will not be held responsible for any order errors, and cannot accept refunds or returns on these items.

We do not accept sale or return, and all purchase orders are final with no amendments, cancellations or refund guaranteed.

Any order discrepancies or product faults must be reported back to Bimble Cloud within 7 working days from receipt of goods, any requests beyond this time will be null and void.

Production Description and Availability

We try to be as accurate as possible with stock availability and product information, ensuring it is up to date and correct. However, if a listing is inaccurate or omitting detail, we do reserve our right to make amendments to this information at any time without prior notice including after your order has been placed.

Whilst our product images are created to be as accurate a representation as possible, colours and attributes may vary on your monitor or screens display settings.

If an item on your order is unavailable we will notify you as soon as possible to form a resolution. This may include a delayed delivery date for when the item will be back in stock, an alternative product, or a full refund for that item.

Liability

Bimble Cloud will only be liable, and for the maximum of product cost paid, if Bimble Cloud fail to comply with the terms and conditions set out on this page. These terms of sale do not limit your statutory rights as a consumer. These terms of sale also do not exclude our liability for personal injury or death caused by negligence or fraud, or any further liabilities excluded by law.

Our liability is only applicable if the loss or damage incurred was an obvious consequence of Bimble Cloud breaching the terms as set out in these terms and conditions. However, unless the loss or damage is foreseeable at the time entered into our contract, we will not be liable for the following in relation to any business of yours (without limitation) for loss of income or revenue; loss of business; loss of profits; loss of data; business interruption, or any special indirect loss or damage.

Events Outside Our Control

In the event of force majeure, any event which includes an event or act beyond our reasonable control which directly impacts to perform our obligations will suspend our contract for the period of force majeure. An extension will be applied to contractual obligations for the duration of the force majeure event. We will always use reasonable efforts to fulfil our obligations under our contract and will communicate with you any disruption, delay or unavailability as soon as we know to be true.

General

Only you, the customer, and we, Bimble Cloud, will retain the right to enforce any condition in the contract formed between us. The contract formed includes these terms and conditions and any outlined policies within it and supersedes any prior verbal or written agreements unless expressly agreed in writing by us.

Any dispute or claim made by you or Bimble Cloud on these terms of sale shall be governed by English law. If any part of this contract is deemed to be unenforceable or unlawful by the courts of England, it shall be removed, but the rest of the document will remain valid and enforceable.

Privacy and Data Protection

You can find all information relating to our privacy and data protection in our Privacy and Cookie Notice.

All images and designs used on www.bimblecloud.com and within all products are the property of Bimble Cloud or their respective copyright owners, used with explicit authorisation from the owners or their representation. These may not be duplicated, copied, modified or adapted, in any way without our written permission, except as outlined below:

Companies are welcome to download any product images directly from our website for commercial online use, restricted to point of sale, marketing, and product listings. Bimble Cloud can provide bespoke website ready resolution images of all of our products upon request. Please allow up to one week for assets to be transferred.
All assets must be for the use of the company as above only and should not be shared with any other parties.
The Bimble Cloud name and print titles should be used where possible.
All online products must state where applicable ‘published by Bimble Cloud’ unless otherwise agreed.
The product copy on www.bimblecloud.com remains the property of Bimble Cloud and any product copy used by yourself or your company must not replicate that exactly of www.bimblecloud.com
If stock has not been pre-purchased, products may only be uploaded for online sale with the consent of Bimble Cloud.
All publishing rights remain with Bimble Cloud and products cannot be reproduced for commercial or non-commercial use without Bimble Cloud consent.

This website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website, Blog or Services does not constitute any right or licence for you to use our service marks or trademarks, without the prior written permission of Bimble Cloud.

Our Content, as found within our Website, Blog and Services, is protected under United Kingdom and foreign copyrights. The copying, redistribution, use or publication by you of any such Content, is strictly prohibited. Your use of our Website and Services does not grant you any ownership rights to our Content.

In the event of dispute between you or Bimble Cloud on a copyright matter, you agree that an interim injunction will be in place until the matter is resolved. We will always try to come to an agreement between ourselves or by a final court hearing where the relevant court will make a final decision on the matter.

Use of Site

We do not accept harassment in any form by use of this site or its relevant communication channels. The use of obscene or abusive language is strictly forbidden. You may not use this site to upload or distribute any content that is unlawful by way of content that is defamatory, obscene, threatening, invasive of privacy or publicity rights or abusive. Any such unlawful content may be reported to the relevant authorities without authorisation.

You may not use this site to promote or solicit others into joining or selling through any other commercial online service or organisation.

User Interactions, submissions and feedback

All voluntary comments, feedback, submissions submitted to use in connection with your use of this site and our social channels shall be and remain in our property. Within applicable law, you waive your moral rights in any comments and we will be under no obligation to maintain any comments in confidence, pay to any user compensation for any comments or respond to any user comments.

You, the user, remain solely responsible and liable for any content you publish or submit to Bimble Cloud and our respective channels. By interacting with us, you agree that any comments or feedback published by you will not violate copyright and intellectual property laws or contain any otherwise unlawful, abusive or obscene material.

User Generated Content

If you choose to tag your social media images or posts (including within the captions) with the following tags @bimblecloud and/or hashtags #bimblecloud, or you upload any content to the Bimble Cloud social media pages you agree to the following Bimble Cloud User-Generated Content policy.

All Social Media posts and content tagged with the Bimble Cloud Hashtags and/or the Bimble Cloud Handle including without limitation, your name, biographical information and all other names, usernames, pseudonyms, text, likenesses, graphics, logos, marks, images, photographs, code, videos, clips, GIFs, moving images and all other information and material shall be referred to in this policy as "UGC”.

From time to time Bimble Cloud may ask for your permission to use and/or re-publish your UGC by commenting on your post or direct message to the account that it was published on.

You may choose to give your consent to Bimble Cloud by replying in confirmation to the comment and/or by direct message, and if you choose to do this you give consent to Bimble Cloud to use and/or re-publish your UGC, you are agreeing to this policy.

You retain all of your ownership rights in your UGC and grant us a non-exclusive, royalty free, perpetual, irrevocable - unless you tell us otherwise pursuant to paragraph 5 - transferable, worldwide licence (including the right to sub-license) to use, reproduce, exploit, publish, modify and alter including, without limitation, the right to adapt, alter, amend or change your UGC, in our sole discretion and on any media, for any purpose, including to advertise our products.
You hereby warrant and represent that:

You are aged 18 years or older;
you are the relevant Social Media account holder;
The UGC is your own original creation and you own all of the rights in the UGC;
You did not copy or use any third party content in your UGC;
You have obtained permission from any person(s) identifiable in the UGC to post the UGC and to grant the rights specified in this policy, or where those person(s), including yourself, are aged 18 years or under, you either:

Are the parent or legal guardian or such identified person(s), or
Have obtained the express consent from a parent or legal guardian of such identified person(s) to their appearance in UGC;

There are no trade marks or brand names (other than Bimble Cloud) in your UGC;
Your use and our use of UGC will not infringe the rights of any third party or breach any applicable law or regulation (as determined by us in our sole discretion);
The UGC is in compliance with the rules, policies and terms of service of the Social Media platform where the UGC is posted and would not place us in breach of any such rules, policies, terms of service (as determined by us in our sole discretion).

3.You hereby unconditionally and irrevocably waive (or procure the same from any third party where applicable) any and all moral rights and any other similar rights in connection with our usage of UGC (including any right to be named as author or to object to the editing of any UGC). If you cannot legally waive your moral rights, then you agree not to assert them in connection with our use of your UGC.

4.You agree that the personal data that we collect from UGC will be treated in accordance with our Privacy Notice and the terms of this policy.

5.You reserve the right to reverse your decision to allow us to use your UGC at any time from the initial point of agreement. If you wish to withdraw your permission for our use of your UGC, then please let us know as soon as reasonably practicable by sending an email to info@bimblecloud.com

6.You are not entitled to any fee, financial reward or other incentives if we use your UGC on any of the Bimble Cloud channels.

7.You agree that even if we ask for and obtain your permission to use your UGC, we are not obliged to use the UGC. We retain sole discretion over whether we choose to publish any UGC and are under no obligation to use or re-publish any UGC.

8.We may remove UGC published to the Bimble Cloud Channels or from other media or marketing materials at any time, in our sole discretion.

9.To the extent permitted by law, Bimble Cloud is not liable for any UGC or its use, other than its use by Bimble Cloud pursuant to this policy.

10.We reserve the right to amend this policy at any time, so please check back here each time you tag any UGC.

11.The terms of this policy (including any non-contractual disputes or claims arising out of them) are subject to English law. Any disputes must be referred to the English courts. Consumers in Scotland and Northern Ireland may additionally bring an action in their home courts.

Third Party Links

From time to time we may include third party links on our website and through our blog. Whilst the third party may be an affiliate of Bimble Cloud we do not have any control or authority over any linked websites. We would encourage you to read their relevant policies and terms and conditions.

General

Any dispute or claim made by you or Bimble Cloud on these terms of use shall be governed by English law. If any part of this contract is deemed to be unenforceable or unlawful by the courts of England, it shall be removed, but the rest of the document will remain valid and enforceable.

You are bound by these terms of use by the access and use of this website. To terminate this agreement, please cease use of this website.

If any of these terms of use are seen to have been breached in an unlawful manner, these terms shall survive this termination.

Termination of the terms of use of this website, does not extend to any contract formed by way of any purchase you have made on this website and the enforceability of our Terms of Sale.

Wholesale