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DR BOBA TRADING (UK) LIMITED Terms and Conditions for the Supply of Goods

Registered in England and Wales, Company Number 14213250


  1. Definitions and Interpretation

1.1 Key Definitions:

“Business Day”: Refers to any day other than Saturday, Sunday, or a public holiday when banks in London are operational.

“Conditions”: These are the terms and conditions outlined in this document, which may be updated as per clause 11.6.

“Contract”: The legally binding agreement formed between Dr Boba and the Customer, governed by these Conditions.

“Customer”: The individual or entity that agrees to purchase Goods from Dr Boba.

“Force Majeure Event”: Circumstances beyond reasonable control, as detailed in clause 10.

“Goods”: Items that are part of the Customer’s Order and supplied by Dr Boba.

“Order”: An official request made by the Customer to Dr Boba for the supply of Goods.

1.2 Interpretation Rules:

The term “person” includes natural individuals, companies, and all other legal entities.

A “party” refers to either Dr Boba or the Customer, including their respective legal successors and assigns.

References to laws or legal provisions include amendments and re-enactments of those laws.

Phrases like “including” are illustrative and do not limit the scope of the terms they describe.

“Writing” encompasses traditional written communication as well as electronic formats like emails.


  1. Basis of the Contract

2.1 Exclusivity of These Conditions: The Contract is governed solely by these Conditions, overriding any contrary terms the Customer might propose.

2.2 Order as an Offer: When the Customer places an Order, it constitutes an offer to buy Goods under these Conditions. The Customer must ensure the Order’s accuracy.

2.3 Contract Formation: A Contract is formed when Dr Boba confirms the Order in writing.

2.4 Entire Agreement: The Contract is the complete and exclusive expression of the parties’ agreement, disregarding any unrecorded discussions or representations.

2.5 Non-contractual Samples and Descriptions: Any samples or promotional materials provided are for illustrative purposes and do not form part of the Contract.

2.6 Validity of Quotations: Quotations from Dr Boba are not binding and are valid for 10 Business Days from issuance.


  1. Product Specifications

3.1 Description of Goods: The Goods are as described in Dr Boba’s catalogue. Detailed specifications are available on request, differing from the website listings.


  1. Delivery Terms

4.1 Delivery Accompaniments: Each delivery includes a note detailing the Order and Goods, and mentions if any packaging is to be returned at Dr Boba’s expense.

4.2 Delivery Location: Goods are delivered to the location agreed upon in the Order.

4.3 Completion of Delivery: Delivery is considered complete upon the Goods’ arrival at the specified location.

4.4 Approximate Delivery Dates: Delivery dates are estimates. Dr Boba is not liable for delays caused by unforeseeable events or the Customer’s failure to provide necessary instructions.

4.5 Stock Availability: Delivery is contingent on Dr Boba having sufficient stock.

4.6 Failure to Accept Delivery: If the Customer fails to accept delivery within three Business Days of notification, storage costs will apply.

4.7 Resale of Unclaimed Goods: Goods unclaimed after 10 Business Days may be resold by Dr Boba.

4.8 Quantity Variance: A variance of up to 5% in the quantity of Goods delivered is permissible, with corresponding invoice adjustments.

4.9 Instalment Deliveries: Goods may be delivered and invoiced in instalments, each treated as a separate agreement.

4.10 Cancellation Policy: Orders can be cancelled before confirmation of dispatch.

4.11 Consumer Rights: Consumers have a 7-day cancellation right from the delivery date, subject to Goods condition and excluding certain costs.

4.12 Refund Discretion: Dr Boba reserves the right to exercise discretion in refund requests.


  1. Quality Assurance

5.1 Warranty: Dr Boba warrants that Goods will meet their description and be of satisfactory quality for up to 12 months or until the Best Before Date.

5.2 Remedy for Non-Compliance: If Goods fail to comply with the warranty, and upon their return, Dr Boba may repair, replace, or refund them.

5.3 Warranty Limitations: The warranty does not cover issues arising from improper use, disregard of instructions, or statutory changes.

5.4 Exclusion of Implied Terms: Implied terms under the Sale of Goods Act 1979 are excluded to the extent permitted by law.

5.5 Applicability to Repaired/Replaced Goods: These Conditions also apply to any Goods that are repaired or replaced.


  1. Title and Risk

6.1 Risk Transfer: The risk associated with the Goods transfers to the Customer upon delivery completion.

6.2 Title Transfer: The title to the Goods passes to the Customer only after full payment for the Goods and any other due amounts.

6.3 Responsibilities Prior to Title Transfer: The Customer must store and insure the Goods separately and notify Dr Boba in the event of any insolvency-related occurrences.

6.4 Recovery of Goods: If the Customer faces insolvency before full payment, Dr Boba has the right to recover the Goods.


  1. Pricing and Payment

7.1 Pricing: The price of Goods is as stated in the Order or as per the price list valid at the delivery date.

7.2 Price Adjustments: Prices may be adjusted in response to factors beyond Dr Boba’s control, customer requests affecting the Order, or delivery delays caused by the Customer.

7.3 Additional Costs: Prices exclude packaging, insurance, and transport, which are invoiced separately.

7.4 VAT: Prices exclude VAT, which will be added to the invoice.

7.5 Invoice Issuance: Invoices may be issued following delivery.

7.6 Payment Terms: Payments are to be made as specified in the invoice.

7.7 Interest on Late Payments: Late payments attract interest above the National Westminster Bank PLC’s base rate.

7.8 No Unauthorised Deductions: Payments are to be made in full without any unauthorized deductions.


  1. Customer Insolvency

8.1 Supplier’s Rights in Customer Insolvency: In case of Customer insolvency, Dr Boba may suspend deliveries and demand immediate payment.

8.2 Insolvency Definitions: Specific events define insolvency, including debt suspension, insolvency proceedings, asset seizures, and deteriorating financial conditions.

8.3 Effect of Termination: Termination does not affect accrued rights and obligations.


  1. Limitation of Liability

9.1 Exclusions: Liability is not limited for negligence, fraud, statutory breaches, defective products, or illegal exclusions.

9.2 Cap on Liability: Liability is limited to the price of the Goods and excludes indirect losses.


  1. Force Majeure

10.1 Non-Liability for Unforeseeable Events: Neither party is liable for delays or failures in performance resulting from events beyond their control.


  1. General Provisions

11.1 Rights Transfer: Dr Boba may assign its rights under the Contract; the Customer requires consent for such actions.

11.2 Notice Requirements: Notices must be in writing and are considered received based on the delivery method.

11.3 Severance: Invalid provisions will be modified to achieve validity.

11.4 Waiver Conditions: Waivers require written consent and do not imply waivers of subsequent breaches.

11.5 Exclusivity of Contractual Rights: Rights under the Contract are exclusive to the parties involved.

11.6 Contract Variations: Variations to the Contract require written agreement.

11.7 Governing Law and Jurisdiction: The Contract is governed by English law, with exclusive jurisdiction in England and Wales courts.