Terms and Conditions
This page tells you the terms and conditions on which we (Buckt Ltd) will supply to you the products listed on our website www.buckt.uk via one of our subscription services. Please read these terms and conditions carefully before ordering any Products from our site or subscribing to one of our Services. You should understand that by ordering any of our Products or subscribing to one of our Services, you agree to be bound by these terms and conditions.
1. PURCHASE OF SUBSCRIPTION SERVICE
1.1 By placing an order through our website, you warrant that: You are legally capable of entering into binding agreements; and You are at least 18 years of age; You reside in one of the ‘Serviced Countries’; and You are accessing our site from one of those ‘Serviced Countries’.
2.1 After placing any orders on our website you will receive an e-mail from us acknowledging that we have received your order and outlining the key information about the product. All orders are subject to acceptance by us. Your subscription will only be activated once we have verified your request.
2.2 The subscription plans to our services consists of recurring period charges as agreed to by you. By accepting these terms & conditions of service, you acknowledge that your subscription has this recurring payment feature and you accept responsibility for all recurring charges prior to cancellation.
2.3 Buckt may submit periodic charges monthly without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before Buckt reasonably could act.
2.4 To terminate your authorization or change your payment method, please email email@example.com.
2.5 By subscribing to our monthly subscription services you agree to allow Buckt to take recurring monthly payments from your credit/debit card. See 4.1 for price details. Should you wish to cancel, you can do so at any time once you have received your first set of activities. Buckt reserve the right to alter its subscription fees at any time, however at least 28 days notice will be provided should this occur.
2.6.1 For those that have signed up after 31st March 2018, an initial payment for your first set of activities will be taken at the time of subscribing. Future subscription payments will be taken on the first day of the month of your box (i.e. for April’s box, you will be charged on the 1st April).
2.6.2 For those that have signed up prior to the 31st March 2018, an initial payment for your first set of activities will be taken within 2-4 working days of purchase. Future subscription payments will be taken on the last day of the month preceding your next box (i.e. for April’s box, you will be charged on the 31st March).
2.7 Buckt Go activities are to be uploaded to the Buckt app by the third working day of the month, however this timeframe may change from time to time.
2.8 If you cancel your subscription you can re-subscribe at any time following your cancellation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you.
2.9 Auto-renewal. Following your subscription period (as specified for each package) your subscription will be automatically renewed for the same renewal period of your previous subscription, at the then-current non-promotional subscription rate. To cancel your subscription in accordance with the terms outlined in the package you have chosen, you must contact firstname.lastname@example.org and we will do as instructed on your behalf or provide instructions on how you can manually cancel your subscription, following the request of additional security details. You can only cancel once you have received your first set of activities. If you cancel, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
2.10 We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.
2.11 For the original Buckt product, all bookings made are for the date and time specified when you completed the booking form (or the date and time specified by the activity provider if you have contacted them directly). For some activities, we are unable to rearrange the date and time after we have booked you in. This is all dependant on the standard refunds and exchange policy of the activity provider themselves as well as the notice period that you have given us. You are free to request a change to your booking and we will do everything in our power to make it happen, however Buckt unconditionally reserves the right to refuse this request if we can’t carry out the amendment.
2.12For the original Buckt product, Subscribers are free to complete all activities they receive.
2.13 For the original Buckt product, Subscribers are required to only book in activities that they intend to complete. Individuals that persistently book in for activities and then don’t attend without notifying us will have their subscriptions terminated at the sole discretion of the Buckt. This is to protect the relationships with the activity providers which we work hard to establish and maintain.
2.14 For the original Buckt product (now titled Buckt Go), only ‘lead subscribers’ and ‘secondary subscribers’ are permitted to use the tickets that they receive each month. They must be in attendance for all bookings. The lead subscriber or secondary subscriber can take an additional person if the other is unavailable.
2.15 For the original Buckt product, subscribers have three months to complete non-date specific activities, but must be booked in with the activity provider by the last day of the month that they received those tickets.
2.16 For the original Buckt product, tickets for date specific activities can be used on the dates listed on your Buckt app or on the Buckt website.
2.17 For the original Buckt product , all activities are subject to availability and slots are allocated on a first come first served basis.
3. PRICE AND PAYMENT
3.1 The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
3.2 Product prices include VAT.
3.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
3.4 Payment for all Products and Services must be by credit or debit card. For those that signed up prior to 31st March 2018, we use GoCardless to manage our payments (unless you have been transferred to our new payment gateway). For those that signed up after 31st March 2018, we use Zoho Subscriptions and Stripe to manage our payments.
4. RISK AND TITLE
4.1 The Products will be at your risk from the time of delivery.
4.2 You should refer to the risk assessment, health and safety guidance and any other information provided by the activity provided. Buckt accepts no liability for accident, injury or death as a consequence of taking part in an activity provided by Buckt.
4.3 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
5.1 If you’re dissatisfied with your box or any products in it due to being unfit for use, please contact email@example.com explaining the issue. We retain the right to request the return of any damaged goods at your cost by recorded delivery, where the products will be inspected. If the fault is agreed, a full credit or refund will be given for the returned goods & return postage charges incurred. We reserve the right to refuse refund.
6. CANCELLATION AND RETURNS
6.1 You can cancel your subscription once you have received your first set of activities, however must give a weeks notice before your next payment is taken. Cancellation can be made by emailing firstname.lastname@example.org with a clear statement of intent. An example statement would be:
To Buckt, Unit 16, 102 Colmore Row, Birmingham, B3 3AG (address at time of writing). email@example.com:
I/we hereby give notice that I/we cancel my/our contract of the contract for the supply of the following service Ordered on/received on [date]
Signed, Name of customer
Address of customer
If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (e.g. by email) without delay.
You have the right to cancel your Contract (when you initially sign up to it) within 14 days of signing up without giving any reason.
You remain responsible for ensuring that any such change or cancellation is not only transmitted by you, but received by us, in time for the deadline.
6.2 If you’ve already been billed for the current month (billing is placed on the last day of the month) your cancellation will go into effect for the following month and you will still receive the current month’s activities which has already been paid for.
6.3 If you cancel this contract within the 14 day window, we will reimburse to you any relevant payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement without undue delay, and not later than – (a) 14 days after the day we receive back from you any goods supplied, or (b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or (c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
6.4 You are entitled to cancel a payment for products where fraudulent use has been made of your payment card by a person not acting, or to be treated as acting, as your agent. If you have already made a payment where your payment card has been so fraudulently used, then you should approach your card issuer for recredit to your card.
6.5 We reserve the right to terminate or restrict your use of our service, for any or no reason whatsoever. One reason that we may do so is if we believe that you are in breach of any obligation under these terms. If we terminate your use of our service as a result of a breach of any obligation under these terms, such termination would be immediate and without notice.
7. PROMOTION CODES
7.1 Any promotion code or offer provided on this site cannot be used in conjunction with any other promotion, past or present.
7.2 Promotional codes that deduct a discount off your first set of activities are for new subscribers only.
7.3 Individuals who have used a discount code to sign up, cancelled and then used another discount code to register will receive the same set of activities that they received previously. Individuals that persistent do the above will have their subscription cancelled and will be blacklisted from using the product.
8. FORCE MAJEURE
8.1 We will not be liable to you for any lack of performance, or the unavailability or failure, of this website or our services, or for any failure by us to comply with these Terms and Conditions, where such lack, unavailability or failure arises from any cause reasonably beyond our control.
9.1 We warrant to you that any Product purchased from us through our site will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
10. ACCEPTANCE OF THESE TERMS AND CONDITIONS
10.1 Your access to and use of www.buckt.uk is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are accepting these terms and conditions.
11. LINKS TO OTHER WEBSITES
11.1 From time to time, this Website may also include links to other Websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the Website (s). We have no responsibility for the content of the linked website(s).
12. YOUR CONDUCT
12.1 You agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with this website. You also agree not to interfere with the servers or networks underlying or connected to this website or our services or to violate any of the procedures, policies or regulations of networks connected to this website.
12.2 You agree not to impersonate any other person while using this website, conduct yourself in an offensive manner while using our website, or use the website for any illegal, immoral or harmful purpose.
12.3 You are responsible for maintaining the confidentiality of your account and password (if relevant) and for restricting access to your computer. In order to provide you with an easy-to-use service, Buckt may place a ‘cookie’ (a small text file) on any computer you use to access the website. When you revisit the website, this cookie will enable us to recognise you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification.
13. WEBSITE AVAILABILITY
13.1 Although we aim to offer you the best service possible, we make no promise that our website services will meet your requirements and we cannot guarantee that the service will be fault free. If a fault occurs in the service, please report it to us at firstname.lastname@example.org and we will correct the fault as soon as we reasonably can.
13.2 Your access to the Buckt website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can. In the event that our website is unavailable, our usual order and cancellation deadlines apply; please notify us of changes to your order via email or telephone.
14.1 You agree to indemnify and hold Buckt and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against our name arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
15. GOVERNING LAW AND JURISDICTION
15.1 These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.
16. CHANGES TO THE WEBSITE OR SERVICE
16.1 We reserve the right to make changes to our Website, policies, and these Conditions at any time without notice and you confirm that Buckt shall not be liable to you for any such change or removal. Your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
17. DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY
17.1 Nothing in this clause or otherwise in these Terms and Conditions shall exclude or in any way limit Buckt’s liability for;¥ Fraud¥ Death or personal injury caused by its negligence (including negligence as defined in s.1 Unfair Contract Terms Act 1977.¥ Where you are a consumer, for negligence, breach of contract or breach of statutory duty in respect of defective products sold through the website.¥ Liability to the extent the same may not be excluded or limited as a matter of law. Nor will any of these terms restrict any of your statutory rights. For further information about your statutory rights, contact your local authority Trading Standards Department or Citizen’s Advice Bureau.
17.2 This website and its contents are provided “as is” and on an “as available” basis and we make no representations or warranties of any kind with respect to it. We assume no liability or responsibility for any errors or omissions in the content of the website, any failures, delays, or interruptions in the shipment of boxes, delivery or downloading of any content contained on the website, any costs, losses, expenses or damages arising from the use of the content provided on the website or any conduct by users of the website. We reserve the right to deliver boxes of content at our sole discretion. Subject to clause 18.1, we disclaim all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current.
17.3 Subject to clause 18.1, in no event shall we, our shareholders, directors, officers, or employees be liable (jointly or severally), to you or any third party for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
17.4 Subject to clauses 17.1, 17.2 and 17.3 our maximum liability to you, (whether in contract, tort, (including negligence), breach of statutory duty or otherwise), arising out of or in connection directly or indirectly with your use of the website, website content or our services shall not exceed in aggregate the greater of £1 and/or the total amount paid by you to us in respect of Buckt in the month preceding any such claim but, if you are a consumer, please note that this does not affect your statutory rights.
18.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
18.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
18.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing. No liability for any damage or injury is accepted in the event of the use of any of the contents for any purpose other than as Buckt describes.
19. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS.
19.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
19.2 You will be subject to the policies and terms and conditions in force at the time that you order any of our subscription services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation.
20.1 All copyright, trade marks and all other intellectual property rights in the Website and its Content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Buckt or otherwise used by Buckt as permitted by law.
20.2 In accessing the Website you agree that you will access the Content solely for your personal, non-commercial use. None of the Content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.