BUYK Terms of Service
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING OUR WEBSITE AND APPLICATION.
These Terms of Service (the «Agreement») and our Privacy Notice (the «Notice,» available at https://buyk.com/privacypolicy are a binding agreement between you and Buyk Corp. or its affiliates («Buyk»). This Agreement and the Notice contains the terms and conditions subject to which you may use our mobile applications and website (the «Platform») and receive the Buyk service, namely processing and delivery of product orders through the Platform (the «Service»). The Platform allows you to select certain goods for delivery by individual couriers within a certain period of time. Delivery may be conducted by third party service providers not employed by Buyk.
1. Agreement & Changes.
By downloading, accessing installing and using the Platform, you acknowledge and agree that you are who you say you are, and are legally entitled and competent to agree to the Agreement, and the Arbitration Agreement. If you do not agree with any of the terms and conditions of the Agreement and the Notice, please do not use the Platform or the Buyk Service.
We reserve the right to change this Agreement in our sole discretion. We will notify you of any change, in the Platform or otherwise, and will require your acceptance of the Terms before you can continue using the Platform. Your continued use of the Platform after any such change means that you agree to all of the changes.
2. Access to the Buyk Platform.
To set up an account, you will have to provide us with your mobile phone number. You will receive a one time password to set up your account. To use and access the Platform, you will have to set up an account by providing your name, cell phone number, and an address for delivery.
You are solely responsible for maintaining the confidentiality of your account details including password and preventing unauthorized access to your account.
You agree to notify Buyk promptly of any unauthorized use of your password and you will remain liable for any use of the Platform or Buyk Service until you notify Buyk. We do not guarantee that the Platform or Services can be access or used on any particular device or with any particular service plan. We do not guarantee that the Platform or Services will be available in or that orders can be placed from any particular location. You are responsible for any costs related to or resulting from access of the Platform and Services with your personal mobile device.
You are responsible for, and agree to pay promptly, all charges to your account, including applicable taxes and purchases regardless of whether these charges were incurred by you or somebody using your password and username prior to your notification of Buyk that any use of your account was not authorized. You are responsible for keeping all of your account information current, including address, payment information, telephone number, and an authorized representative to receive your order. You may update your information in the Platform.
You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to Buyk. You will comply with all laws applicable to your activities on the Platform and with this Agreement.
Please do not send credit card or other payment information via email.
After signing up for an account or ordering, you may receive communications through the Platform, including messages that we send you by email, SMS or otherwise.
By signing up for the Platform and providing us with your cell phone number, you confirm that you want Buyk to send you such communications, including delivery status updates. Such information may include Buyk using automated dialing technology to text you at the cell phone number you provided during sign-up. You agree to receive such communications from Buyk, and you represent and warrant that each person for whom you provide a cell phone number has given their consent to receive such communications from Buyk.
4. Ordering & Managing Your Orders.
To ensure the best service, we will only deliver within our delivery zone. We reserve the right to refuse any order you place with us. Prices of our products may change without prior notice. We reserve the right to discontinue any item at any point in time. Buyk is not liable to you or any third party for any modification, price change, suspension or unavailability of any product. Buyk reserves the right to limit your order or the quantity of a specific product you may order. If you wish to modify or change an order, the relevant order is subject to price changes and a change of the delivery time.
Certain products may be unavailable due to market conditions beyond our control or quality that is below our standards. If we have a very similar item to the item you ordered, we reserve the right to make a substitution. If you are not happy with the substitution, please contact us. If we cannot deliver or substitute an item, you will not be charged for such item. If you are accidentally charged for a product that is not delivered, please contact us and we will refund the price for that item. Your price for a product is guaranteed not to increase after you completed check-out.
We reserve the right to require a minimum order amount, not including taxes, delivery fees, and surcharges. You may cancel orders through the Platform directly for a certain period of time. Once an order can no longer be changed in the Platform, it is on its way to you.
For your first order placed through October 30, 2021 you may enjoy our special offer. Spend a minimum of $21 on your first order and have $20 automatically deducted from your subtotal. Taxes and fees not included. Offer valid for first-time customers only. One offer per phone number. Cannot be used with, stacked on, or combined with other offers. Offer valid for orders placed through the Platform only. This offer is valid through October 30, 2021. This offer has no cash value and is void where prohibited. Other terms and exclusions may apply.
Once you already are Buyk customer — for your second order placed through October 30, 2021 you may enjoy another special offer. Spend a minimum of $45 on your second order and have $35 automatically deducted from your subtotal. Taxes and fees not included. One offer per phone number and device ID. Cannot be used with, stacked on, or combined with other offers. Offer valid for orders placed through the Platform only. This offer is valid through October 30, 2021. This offer has no cash value and is void where prohibited. Other terms and exclusions may apply.
For your third order placed through October 30, 2021 you may enjoy another special offer. Spend a minimum of $45 on your third order and have $25 automatically deducted from your subtotal. Taxes and fees not included. One offer per phone number and device ID. Cannot be used with, stacked on, or combined with other offers. Offer valid for orders placed through the Platform only. This offer is valid through October 30, 2021. This offer has no cash value and is void where prohibited. Other terms and exclusions may apply.
Delivery times may vary depending on your delivery address. We aim to deliver to your address within 15 minutes from your payment in the Platform. Sometimes, traffic, weather, building policies or other things out of our control may cause delays.
To maintain the integrity of products after delivery, we recommend that you immediately refrigerate or freeze perishable items. Frozen items must immediately be placed in a freezer.
To receive delivery, you or an authorized representative must be present at the delivery address, which can be a residential apartment, home or office, to receive your order from our delivery personnel. Anyone at the delivery address who receives the delivery is presumed to be authorized to receive the delivery. You are solely responsible to ensure that your office building or residential building will allow access by the courier.
If you select delivery to an authorized representative, you, and not Buyk or a courier, are solely responsible for products we leave at your delivery location.
Buyk delivers case sizes of a variety of different goods, including but not limited to laundry detergents and beverages. Given the heavy weight of some of our products, and our concern for the health and safety of our personnel, we may have purchase limits on certain items on our Platform. To protect the health and safety of our personnel, we reserve the right not to deliver above the fifth floor in non-elevator buildings or if an elevator does not function. Our technology may not enforce these limits, and we ask that you respect these limitations. We reserve the right not to delivery an order where it exceeds these limitations.
In some cases, inclement weather or other unforeseen delivery complications may require adjustments to our delivery schedule which may cause us to be late. We will attempt to deliver your order as quickly as possible when the conditions permit.
We currently do not charge fees for delivery. If you wish to tip a courier, you may, of course, tip them directly in cash.
6. Return Policy.
If you are dissatisfied with a product you purchased from us for any reason, or if a product is defective, please contact us via e-mail at email@example.com.
You have up to seven (7) days after delivery, or until the expiration date printed on the relevant product, whichever is earlier, to contact us about any perishable products.
You have up to twenty-one (21) days after delivery to contact us about any frozen products. We reserve the right to require the return of any product with which you are dissatisfied before we substitute it with an acceptable item or issue a refund. Please contact us promptly to allow us to improve our service.
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we do not receive payment from you through the Payment Processor, you agree to pay all amounts due on your Billing Account upon demand.
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE IN YOUR ACCOUNT.
We are required by law to apply sales tax to orders in certain states, and will add sales tax automatically, based on your delivery address.
As required by applicable state law, Buyk collects a State Bottle Deposit for each bottle of certain items, such as beer, soda, mineral water and still waters.
8. Warranty Disclaimer; Limitation of Liability; Indemnification
YOU EXPRESSLY AGREE THAT USE OF THE BUYK SERVICE, THE PLATFORM, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE BUYK SERVICE, THE PLATFORM, AND ITS CONTENTS ARE PROVIDED ON AN «AS IS» AND «AS AVAILABLE» BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, BUYK DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE BUYK SERVICE, THE PLATFORM, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE BUYK SERVICE. BUYK DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. BUYK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, RELIABILITY, CORRECTNESS, ACCURACY, CONTENT, OR OTHERWISE OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH THE PLATFORM OR THE SERVICES. BUYK DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER BUYK NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, JOINT VENTURE PARTIES, INDEPENDENT CONTRACTORS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, «BUYK PARTIES») SHALL BE LIABLE, IN CONTRACT OR IN TORT, FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE PLATFORM, THE BUYK SERVICE, OR THE INTERNET. BUYK’S LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH A REFUND FOR ANY PRODUCT THAT IS DEFECTIVE OR RETURNED. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE BUYK SERVICE AND TO TERMINATE THIS AGREEMENT. WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR SPECIAL DAMAGES OR OF IMPLIED WARRANTIES IS NOT PERMITTED BY LAW, LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
The Platform and any information therein is provided for lawful purposes only. Buyk operates this Platform for use in specific jurisdictions where it provides its Services, and makes no representation that these materials are appropriate or available for use in other locations. If you use the Platform from other locations, you are responsible for compliance with applicable local laws.
You represent, warrant, and agree that you will not use the Platform or Services or interact with the Services in a manner that (i) infringes or violates the intellectual property rights or any other rights of anyone else; (ii) violates any law or regulation, including any applicable export control laws; (iii) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable; (iv) attempts, in any manner, to obtain the password, account, or other security information from any other user; (v) violates the security of any computer network, or cracks any passwords or security encryption codes; (vi) runs Maillist, Listserv, any form of auto-responder or spam on the Platform, or any processes that run or are activated while you are not logged into the Platform, or that otherwise interfere with the proper working of the Platform, including by placing an unreasonable load on the Platform’s infrastructure); (vii) crawls, scrapes, or otherwise grabs any page, data, or portion of or relating to the Platform, manually or automated; (viii) decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Platform.
You agree to defend, indemnify, and hold Buyk Parties harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, settlements and expenses, including attorney’s fees, accounting fees, and costs, arising in connection with, resulting from, or alleged to result from, your use of the Platform or Contents, or violation of this Agreement by you or through use of your account.
9. Mandatory, Bilateral Arbitration.
Please read this section carefully. It affects your rights. YOU AND BUYK AGREE THAT ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, OR RELATING TO, THIS AGREEMENT, THE PLATFORM, OR THE SERVICE SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION OR SMALL CLAIMS COURT.
This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227, or any other statute, regulation, or legal or equable theory. You and Buyk hereby agree that the Federal Arbitration Act («FAA») applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless otherwise agreed in writing, arbitration shall be administered by the American Arbitration Association («AAA»), pursuant to Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes) then in effect (the «AAA’s Rules»). The arbitrator must honor the terms and limitations in this Agreement and can award damages and relief, including any attorneys’ fees authorized by law. The arbitrator’s decision and award is final and binding, with the exceptions under the Federal Arbitration Act, 9 U.S.C. 1, et seq. Judgment on the award may be entered in any court with jurisdiction. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND BUYK ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
THIS AGREEMENT DOES NOT ALLOW CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. YOU AND BUYK ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL BASIS. UNLESS YOU AND BUYK AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.
You and Buyk agree that you are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. Unless you and Buyk agree otherwise in writing, the arbitration will take place in the county where your delivery is made.
Either party may bring an individual action in a small claims court for disputes or claims within the scope of such court’s jurisdiction. This agreement to arbitrate does not prevent you from bringing any issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against Buyk on your behalf.
10. General Terms.
This Agreement is effective upon your acceptance and shall continue in full force and effect until terminated. Buyk may suspend or terminate this Agreement or the Buyk Service or remove or disable access to any portion of the Buyk Service at any time for any reason with or without notice to you. You may terminate this Agreement and your Buyk Service at any time for any reason by delivering notice in the manner provided below, which termination will be effective the day notice is received or such later date specified in the notice.
Buyk reserves the right to collect fees and charges incurred before you cancel your Buyk Service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.
Buyk may give notice to you of any change or any other communication related to this Agreement through a general posting on the Platform, by electronic mail, or by conventional mail to your address contained in your account. You may give notice to Buyk by e-mail to firstname.lastname@example.org, or by conventional mail to:
Address: Buyk Corp.
99 Park Avenue, Penthouse Floor
New York, NY 10016
Attention: Legal Department
This Agreement and the Privacy Notice referred to herein represent your entire agreement with Buyk regarding the use of the Service and the Platform. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than you, Buyk, and Buyk Parties. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
This Agreement shall be governed by the laws of the State of New York without regard to its conflict of laws rules. To the extent any dispute is not governed by Section 9 hereof, you expressly agree that exclusive jurisdiction for any claim or dispute with Buyk or relating in any way to your use of the Service or the Platform resides in the federal and state courts of New York and you further expressly consent and agree to personal jurisdiction by the state and federal courts sitting in the State of New York in connection with any such dispute, including any claim involving Buyk Parties. Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or it shall be barred.
This Agreement was last revised on 09/21/2021.