Terms and Conditions: Buyer

1. The Buneyard Platform

• 1.1 We appreciate your use of the service provided by us.  Please read these terms (the “Terms”) carefully as they govern your use of the Buneyard platform, including its associated websites (such as www.buneyard.com), services, applications and tools (the “Platform”).
• 1.2 In these Terms, you will be referred to as “you” or the “Customer”. The term “we” means Buneyard Compagnie Ltd, the owner and operator of the Platform, whose registered office is at St Alban Tower, Wood Street, London, United Kingdom, EC2V 7AF and whose company registration number is 08514768 (“us” and “our” will be construed accordingly).
• 1.3 By registering with us and/or continuing to use any part of the Buneyard Platform, you confirm your acceptance of the Terms, Privacy Policy and Cookie Policy.  Do not use the Buneyard Platform unless you wish to be bound by the Terms, Privacy Policy and Cookie Policy.
• 1.4 We may vary the Terms from time to time and shall post such alterations on the Platform.  If you do not agree to the changes made to the Terms, then you have the right to stop using the Buneyard Platform, and should do so immediately.  Your continued use of the Buneyard Platform after the date the changes have been posted will constitute acceptance of the amended Terms.
• 1.5 Our Platform uses cookies. By using our Platform, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy at http://staging.buneyard.com/legal/cookies.
• 1.6 To register for a Customer’s account on our Platform, you must be at least 18 years of age. You may register with our Platform by completing and submitting the account registration form.
• 1.7 ou warrant that all information you provide whether to us will be true, honest and not misleading.
• 1.8 You agree to act at all times with due care and respect, and to follow all relevant guidelines, rules of conduct and procedures which we set out in these Terms or on the Platform.

2. Definitions

• 2.1 These Terms make use of the following definitions: “Order” means the Order which sets out the terms on which you have requested to purchase Products. “Products” means roasted coffee beans (or any other products which Buneyard may choose to make available for sale through the Platform) which are provided by a Seller to a Customer through the Platform. “Seller” means the seller that is introduced to you through the Platform who is offering to provide you with Products.

3. Ordering Products through the Platform

• 3.1 The Buneyard Platform is designed to enable Customers seeking Products to purchase suitable Products through the Platform. You may purchase a single set of Products or subscribe for a regular order of Products.
• 3.2 If you wish to purchase Products, you can place your Order through the Platform. The Platform may require a minimum purchase order. If so, this will be shown on the Platform. We may also make a separate delivery charge. You will be notified of any delivery charge at the time of placing your Order.
• 3.3 The Platform may provide you with the opportunity to select either a specific Seller, or a specific type of Product which may be provided by any of our Sellers, at our discretion. In the case where you have chosen a specific Seller, if your Seller has not responded within our time limits, we will offer the Order to be fulfilled by another seller registered on our Platform. In the unlikely event that we do not have a seller who is able to fulfil the Order you have requested, we will inform you and give you the opportunity to amend your Order or to receive a refund.
• 3.4 Payment will be taken from you at the time of your Order from your credit/debit card.
• 3.5 Delivery dates and times will be stated on the Platform. Do note that delivery will be made by third party delivery services, such as Royal Mail. We are not responsible for any delays which may occur or any errors or claims which arise due to the actions or omissions of such delivery services.
• 3.6 Buneyard will take payment for your Order through the Platform on behalf of the Seller and pass the payment on to them, less delivery fees (where applicable) and less our agreed administration fees.
• 3.7 Payments to Sellers cannot be made direct or in cash. All sales of Products and payments must be made only through the Platform. You should report to us any Seller that offers you any Products direct or makes any requests for payment other than through the Platform.

4. Cancellation and changes to an Order

• 4.1 You will not be able to cancel or make changes to an Order less than 24 hours prior to its delivery date.
• 4.2 Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, if you are a consumer (rather than a business) you will be entitled to return any Products you have purchased, subject to the following conditions:
  (a) You must notify us within 14 days of receipt of your Products that you wish to cancel the purchase. (b) You must not have opened the seal of any packaging of the Products. (c) You must return the Products to us in their original packaging at your own cost and risk. We shall inform you of the delivery address to which your returned items must be sent.
• 4.3 If you have purchased a Product which does not correspond to the terms of your Order or is defective, we will reimburse you for your costs of returning the Product.

5. Disclaimers

• 5.1 We are not obligated to make the Platform services available to you and we reserve the right to remove you from the Platform at any time and for any reason at our discretion.
• 5.2 We make no warranty that the Platform will provide an uninterrupted service or be error free, or that any defects will be corrected.  While we take steps to prevent misuse of our systems, we cannot warrant that the Platform will be free of viruses or other malicious code and accept no liability for loss or damage caused from the transmission of such code.  We recommend that you always use up-to-date firewalls and anti-malware software to protect your equipment and data.
• 5.3 We make no warranty as to the Sellers we refer to you and are not liable for any dissatisfaction, loss or damage you may incur as a result of an introduction to a Seller, including without limitation any failure by the Seller to provide the requested Products in accordance with your agreed Order or the quality of any Products.
• 5.4 You agree and understand that Buneyard acts as an introducer and is not a party to any contract made between you and the Seller. You will be responsible for all legal and regulatory requirements relevant to your contract with your Seller.
• 5.5 You agree that, unless otherwise stated in these terms, we have no liability to you in relation to any Products obtained by you through this Platform. In the event you are dissatisfied in any way, your remedy is only against the Seller.
• 5.6 You acknowledge that:
  (a) whilst we may perform certain checks on Sellers who wishes to register with us, we cannot guarantee that such checks will always be made in each case and we are not in a position to fully confirm the identity of any person registering with us;
  (b) we are not party to any contract for the provision of services obtained through the Platform and we are not legally responsible for any transaction between you and a Seller;
  and accordingly we will not be liable to any person in relation to the provision of products or services obtained via the Platform and we are not responsible for the enforcement of any contractual obligations arising out of a contract for the provision of services and we will have no obligation to mediate between the parties in the event of any dispute.
• 5.7 You understand and agree that we have not independently verified the authenticity of any information provided to us by the Sellers registered on our Platform. Accordingly, you enter into any agreement with a Seller entirely at your own risk and discretion.

6. Limitation of Liability

• 6.1 Nothing in the Terms shall exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.
• 6.2 If you are dissatisfied with the Platform, or the Terms, your remedy under the Terms shall be to discontinue your use of the Platform.
• 6.3 Other than as set out above, we shall not be liable in contract, tort, negligence, statutory duty, misrepresentation, or otherwise for any loss or damage whatsoever arising from or in any way connected with the Terms or your use of the Platform.
• 6.4 Except as expressly set out in the Terms, all conditions, warranties and obligations which may be implied or incorporated into the Terms by statute, common law, or otherwise and any liabilities arising from them are expressly excluded to the extent permitted by law.
• 6.5 We shall not be liable for any loss of business, loss of profits, business interruption, loss of business information, or any other economic loss.
• 6.6 In the event that any limitation or exclusion of liability in the Terms is not enforceable, then we shall not be liable to you for more than £100 in aggregate in respect of all matters concerning or arising out of your use of the Platform.

7. User login details

• 7.1 If you register for an account with our Platform, you will be asked to choose a user ID and password.
• 7.2 You must keep your password confidential. You are responsible for any activity on our Platform arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

8. Gift Vouchers and Promotional Codes

• 8.1 You may purchase vouchers on the Platform for your own purchases or for purchases by others to use against any of the Products listed on the Platform.
• 8.2 Our vouchers will have an expiry date which will be a fixed number of months from the date of purchase. You should check at the time of purchasing your voucher its expiry date, as we will not be able to refund any voucher which has expired without being used.
• 8.3 Once you have purchased a voucher, you may use the value of that voucher in full or part payment against any Products shown on our Platform.
• 8.4 We may also from time to time issue promotional codes. These promotional codes may give you a discount of the price of your Order (or have some other benefit, such as two for one purchases). You should remember to type in your promotional code at the time of checkout in order to receive the benefit being offered. You should also be aware of any time limits on such offers.

9. General Terms

• 9.1 If any of the Terms are held to be illegal or unenforceable, such provisions shall be severed and the rest of the Terms shall remain in full force and effect.
• 9.2 The Terms constitute the entire agreement and replace any previous agreement or understanding (whether oral or written, express or implied) between us in respect of the matters contained or referred to in the Terms.
• 9.3 We reserve the right at all times to edit, refuse to post, or to remove from the Platform any information or materials for any reason whatsoever, and to disclose any information we deem appropriate to satisfy any obligation we may have under applicable laws, regulatory requirements, legal processes, or to satisfy any request of the police, government or any regulatory body.
• 9.4 You may not assign, transfer or sub-contract any of your rights under the Terms without our prior written consent.  We may assign, transfer or sub-contract all or any of our rights at any time without consent.
• 9.5 A person who is not a party to the Terms shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision in the Terms.
• 9.6 No waiver by either of us shall be effective unless in writing, and no waiver shall constitute a continuing waiver so as to prevent us or you from acting upon any continuing or subsequent breach or default.
• 9.7 We may revise these terms and conditions from time to time. The revised terms and conditions shall apply to the use of our Platform from the date of publication of the revised terms and conditions on the Platform, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. If you do not agree to the revised terms and conditions, you must stop using our Platform.
• 9.8 The Terms shall be subject to the laws of England and the parties shall submit to the exclusive jurisdiction of the English courts.