Welcome to the Buckleberries Ltd Website terms and conditions for use. These Terms and Conditions apply to the use of this Website at www.buckleberries.com. By accessing this Website and/or placing an order you agree to be bound by these Terms and Conditions whether or not you choose to register with us or order from us. If you do not agree to these Terms and Conditions, do not use this Website. We’ll do all we can to ensure you have an enjoyable shopping experience, and that you are completely happy with your purchase.
Ordering from Us
Supply and Pricing of Products
Circumstances beyond Our fcontrol
Cancelling an Order
Reporting a problem
Use of the Website
Website content and Service access
Contact from third parties
Changes to Terms of Services
Handwritten Message Service
These terms and conditions (the "Terms") set out your rights and obligations, and those of Buckleberries Ltd ("we" or "us"), in relation to this website, www.buckleberries.com (the "Website"), and any products, services and material of any kind available through the Site, or us (the "Services").
We are a company registered in England and Wales under registration number 12387122 under the name Buckleberries Ltd; the address of our registered office is 17 Gilderdale, Houghton Le Spring, Tyne and Wear, England, DH47QG.
When we refer to "Buckleberries" in these Terms, we mean us, the Site, and/or the Services, according to the context.
By ordering from Buckleberries, you accept that you are entering into a contract with us under these Terms. People who register with Buckleberries establish an "Account", and become "Users". Visitors to Buckleberries who do not register with Buckleberries, but who nevertheless use the Site, affirm that they are bound by these Terms each time they access Buckleberries.
You must be at least 18 years of age to use this Website.
If you do not agree to these Terms, you must not use this Website.
You will be able to access most areas of Buckleberries without registering your details with us. The 'Swear Area' section of our site which is deemed to be inappropriate for those under the age of 18, requires the User to register for an account and agree to these Terms in order to view.2. Trading details
Whenever you buy a product through this Website, you will be contracting with Buckleberries Ltd, a limited liability company incorporated in England and Wales under company number 12387122.
Registered office: 17 Gilderdale, Houghton Le Spring, Tyne and Wear, DH47QG, United Kingdom.3. Ordering from Us:
3.1. Product description
We use our reasonable endeavours to make sure that every product on Buckleberries is shown accurately and that prices are correct.
3.2 Placing an Order
A contract for the purchase of a product is created as follows:
By confirming your order, you are agreeing to purchase the product you have selected.
At this point, we take payment for your order by means of your nominated payment method.
We will send to you a "Thank you for your order" email detailing your order, and other information we must provide to you.
From time to time, we may reject an order for the following reasons:
If, unfortunately, we do not have your chosen product in stock.
Where we cannot obtain authorisation for your payment.
If there has been a relevant pricing or product description error.
If your order otherwise breaches any of the requirements of these Terms.
We suspect that the order has been placed fraudulently.
It appears that the order mistakenly duplicates another order.
If your order is rejected, we will contact you to confirm this and reverse the payment you have made for that order.
Note that we may bar or prevent an individual Account, User, email address or other identifier from making purchases or otherwise interacting with us where we reasonably suspect an association with fraud or other infringements of the law.
If you do not agree to these Terms, you must not use this website.4. Payment
At Buckleberries, you can pay for your products using credit card, debit card, or any other payment method which we make available to you at the time of your order.5. 1pm Despatch Deadline
This service applies to all cards available at Buckleberries.
Card orders placed before 1pm Monday to Saturday will automatically be despatched the same day (excluding bank holidays) using Royal Mail First Class Post.
Card orders placed after 1pm will be despatched the next working day (Monday to Saturday - excluding bank holidays) by Royal Mail First Class Post.
All weekend and bank holiday card orders will be despatched the next working day.
Royal Mail advises that 90% of all First Class Post arrives the next day but can take up to 3 working days to arrive.
Please note that due to the coronavirus situation, delivery times may be a little longer.
6.1. Supply of Products
The products sold by us through our Website are manufactured and shipped from a range of different in-house and third-party production facilities based in the United Kingdom.
6.2. Prices and VAT
All prices of products shown on the Website do not include Value Added Tax as we are not currently VAT registered.
6.3. Postage and packaging
Prices are shown exclusive of postage and packaging charges; these will be shown separately at the checkout stage before you place your order.7. Delivery
All card orders placed before 1pm will be despatched same day - excluding bank holidays via Royal Mail First Class.
Buckleberries reserves the right to change the postage costs at any time.
Your order is likely to arrive much faster if you use a postcode.
It is your responsibility to ensure that the delivery address you provide for any order you place is correct.8. Circumstances beyond Our control
Delivery dates cannot be guaranteed by Us and we accept no responsibility for any delay or inconvenience you experience as a result of unknown events that are beyond Our reasonable level of control. We are not to be held accountable for delays to your order following its despatch.
Circumstances include but are not limited to adverse weather conditions (such as snow, flood and extreme winds), fire, explosion, accident, traffic congestion, obstruction of any private or public highway, riot, terrorism, act of God, or industrial dispute or strike.9. Cancelling an order
If you made a mistake on your order or simply wish to cancel it, your order can be cancelled at any time prior to the dispatch of your goods. Simply email us at firstname.lastname@example.org along with your full name and order number to request the cancellation.
Emails are answered during business hours (Monday - Saturday 9am - 5.00pm) in the order they are received. It is therefore possible that your order could be despatched before your email is processed and we will be unable to make any changes requested in the email.10. Returns
We really hope you love your purchased products, however if you are not entirely happy, please contact us to let us know.
Procedure as follows;
Send an email to email@example.com and explain that you wish to return your order. Be sure to include:
Name, Address, Contact details, Order Number, Product/s being returned and the reason for the return.
Return goods to Buckleberries Ltd within 14 days of delivery to the following address:
Houghton Le Spring,
Tyne and Wear,
To be eligible for a return, your item must be unused and in the same condition that you received it and in its original packaging.Please obtain a free Certificate of Posting for all returns (available at Post Office counters). This will help in the unlikely events your parcel is lost in transit and you will be able to claim for your losses. If you are shipping any items with a value over £20, we recommend sending your returns via recorded delivery as we cannot refund products damaged or lost in transit.11. Refunds
Once your return is received and inspected, we'll send you an email to notify you that we have received your returned item. Any applicable refund will be processed as soon as possible, to your original method of payment, within 5 working days of receiving the return. We will refund the price of the products in full. Unfortunately, we cannot cover the cost of return postage.12. Reporting a problem
If for any reason you are not happy with your Buckleberries order, please contact us via email at firstname.lastname@example.org. You will need to quote your order number, the email address you have registered and the details of the problem with the order.
We aim to acknowledge any complaint within 14 working days (usually it takes 1-2 days), and will do our best to resolve it within 28 days. We may ask you to take a photograph of the product to help us communicate with our suppliers and correct any future problems. Should it be necessary, we will then advise you how to return your item.13. Use of the Website
13.1. Abuse of service
You agree not to use Buckleberries directly or indirectly for any unlawful purpose, or to cause distress or offence to any person. You also agree not to upload, email to us or print any images or other material which might infringe our Content Rules.14. Intellectual Property
All text, software, music, sound, photographs, graphics, video, page layouts, design and other material that appears on the Website is protected by copyrights, trade marks, service marks, patents or other proprietary rights and laws. You agree not to display or use Buckleberries brand and/or its logo in any manner without our prior written consent.
You may use and access Buckleberries to the extent required for the use of the Services in accordance with these Terms, and for the purpose that we make them available. You are not allowed to remove any copyright, trade mark or other intellectual property notices contained in material taken from Buckleberries.
No-one may copy, distribute, show in public or create any derivative work from Buckleberries, or any of the material which is found on Buckleberries unless properly licensed in writing by us to do so. You are not allowed to use Buckleberries (or to copy or use any material found on Buckleberries) for any commercial purpose other than to conduct the purchase of a product from Buckleberries.
15. Website content and service access
We will always try to ensure that Buckleberries is available 24 hours a day. However, we will not be liable if for any reason the Website is unavailable at any time, or for any period.
Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.16. Links
Occasionally, we may provide links to other websites or resources including social media pages for your convenience. We do not endorse the contents of those websites and are not responsible for their availability or service. We will not be liable in any way for any loss or damage which you may suffer by using those websites. If you decide to access linked third party websites you do so at your own risk.17. Liability
We use reasonable care and skill to provide Buckleberries in accordance with our specifications for Buckleberries but:
The Services are provided "as is".
We cannot and do not guarantee that Buckleberries or the Services will meet your requirements.
We shall have no obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise, save as expressly provided in these Terms.
Nothing in these Terms excludes or restricts our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence, nor our contractual obligations in respect of products we agree to supply following our acceptance of your order in accordance with section. We are under a legal duty to supply goods which conform to our contract with the User.
We, our agents, directors, officers, shareholders, employees and subcontractors will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise:
For any loss of revenue, data, business, anticipated savings, profits, opportunity, goodwill or reputation, or for any business interruption
Any loss or corruption of data
Any loss or damage which does not directly result from (or which exceeds that which was caused as a direct result of) our breach of this Agreement, howsoever caused or arising
Except as expressly stated elsewhere in these Terms, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law.
We will not be liable for any failure to perform our obligations under these Terms caused by matters beyond our reasonable control.
You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the Terms by you, your use of the Website, or anything done while your Account is logged into the Website.
The provisions of this section shall survive the termination or expiry of these Terms.18. Suspension
We reserve the right at any time and without notice (a) to suspend or terminate your ability to access Buckleberries, (b) to suspend or terminate your use of all or part of the Services and/or any then-current orders for products, and/or (c) to take technical and legal steps to stop you from using Buckleberries if you appear to us to be in breach of any provision of these Terms. Should we do so, you acknowledge that we shall not incur any liability to you or to any other person.
In addition, we are entitled to suspend provision of all or part of the Services at any time if we are obliged or advised to comply with an order, instruction or request of any limb of government, or any regulator, court or other competent authority.19. Contact from third parties
If anyone contacts us in relation to your or your Account's use of Buckleberries or a transaction associated with you or your Account, then you agree:
To provide all reasonable information and assistance we may require in connection with responding to that contact
To respond promptly and accurately to it, should we pass the message to you for a response.
While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.21. Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
22. Handwritten Service
The handwritten Service provided by Buckleberries Ltd, is a service provided free of charge to you. Should you, the customer, choose to send a handwritten, personalised card direct to the recipient, you can do this via each individual product page. It is your responsibility to ensure your chosen message is free of grammatical and spelling errors. We will write your message exactly as you have. Buckleberries Ltd accepts no responsibility for any errors within your message unless proven otherwise with a comparison of both texts and it is concluded that the fault lies with Buckleberries Ltd for which a full refund or replacement may be arranged at our discretion. Buckleberries Ltd accepts no responsibility for any offense or distress caused to the recipient as a direct result of your message. Buckleberries Ltd holds the right to refuse to handwrite messages that are viewed to be malicious or of a criminal nature. If the message includes information that is viewed to place the recipient or sender at risk then Buckleberries will seek advice from the appropriate authorities.23. General
These Terms are intended to contain your entire agreement with us relating to the Services and the Website.
If any of these Terms is found to be invalid this shall not affect the validity of the remaining provisions which shall remain fully enforceable. Our failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to subsequent or similar breaches.
Only you and Buckleberries shall be entitled to enforce these Terms. No third party shall be entitled to enforce any of these Terms whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
We reserve the right to change these Terms from time to time, and post the new terms on the Site. The new version of these Terms will take effect:
Immediately upon the date of posting (or such later date as we indicate in the relevant posting), if the changes are not reasonably capable of adversely affecting you - examples of which would include, without limitation, (i) changing the name of, and/or the web-address that you use to access, Buckleberries, and (ii) the refinement of provisions that are already included or referred to in these Terms