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Terms of Service

We are Burke & Keen B.V., a company focused on bringing more natural and sustainable products to our customers. Our company number is 82307784 and our registered office is Keizersgracht 391A, 1016 EJ Amsterdam, Netherlands. All references to "Burke & Keen", “we”, “our” or “us” refer to Burke & Keen B.V. Our website and related services are made available to you in accordance with the following Terms of Use and Service (collectively, the “Terms”). Please read these Terms carefully before placing any orders on www.burkeandkeen.com, they can be saved electronically or printed by all users of our website.

You can contact us via email at contact@burkeandkeen.com or WhatsApp at +31 20 299 1947.


Registration

To access certain content, material, products, or services on our website, you may be asked to register and create an account. As part of the registration process, you may be asked to click to agree to these Terms, and may then be asked to select or submit a user name and password. You may also be required to provide us with certain information about yourself including some types of personally identifiable information, including your name, phone number, address, email address, gender, and age. 

You are responsible for ensuring that your password and account login are kept secret, safe, and secure at all times. Burke & Keen will not be held responsible or liable for any misuse of your account if a third party has access to and uses your password and account login in any way. If you have forgotten your password, cl

Additional information may be collected by Burke & Keen or our third-party providers for security and anti-fraud purposes. You confirm that the personal information you provide to us via the website is true, valid, complete, and up-to-date in all respects. Should any of the information you provide on the website change, please log in to your account and update such information directly on the website.

Our Privacy & Cookies Policy explains what personal information we collect, why we collect it, how we use it, the controls you have over your personal information, and the procedures that we have in place to protect your privacy. If you have any queries about how we use your personal data please contact contact@burkeandkeen.com


Making a purchase

You may only purchase products from our website if you are at least 18 years old. If you are under the age of 18 or cannot lawfully enter into a contract, please ask your parent or guardian to review these Terms, and register and/or place an order on your behalf.

When you place an order on our website you automatically agree to our Terms. After you place an order, you will be taken to our "Order Confirmation page", which confirms all your details, your order, and your order reference number. However, please note that this does NOT mean that your order has been accepted.

All payments are subject to authorization by your credit card issuer, PayPal, bank, or other payment providers, and payment is made on the day that the order is placed. Once your details have been verified you will receive your 'Order Confirmation' email. Unless you cancel your order, acceptance of your order is when we dispatch the goods, and completion of the contract between you and Burke & Keen is when you receive the goods. We will send you a Dispatch Confirmation email confirming that the order has been dispatched. Up until the point of dispatch, your order may be subject to further validation checks.

Information on the items we sell is available on our website with product descriptions, including the main characteristics of an item. However, we do not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on our website for any particular purpose. The choice of which item(s) to purchase is made under your sole responsibility. 

We can only accept orders for items that are shown on the website as being in stock. We may revise what items are offered on our website, at any time, without prior notice. We shall have no liability of any kind if an item is no longer available or removed from sale. If an item is out of stock you can register your email address to be informed when it is back in stock. If we cannot supply you with any or all of the items you ordered we will inform you by email. If you have already paid for the item we will refund you in full as soon as reasonably possible.

We reserve the right to refuse to supply any person for any reason at any time at our sole discretion, including, but not limited to, our inability to obtain authorization for payment. We will not be liable to you or any third party because of withdrawing any merchandise from the Site; removing, screening, or editing any materials or content on the Site; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.


Pricing 

All prices on our website are listed in EUR including Dutch taxes, duties, and VAT. In some countries, additional local import charges and/or duties may apply. Please note that prices of items displayed are exclusive of all destination import duties, taxes and fees levied in the recipient country. 

From time to time, prices will be subject to change in response to currency exchange rate changes, markdowns, and other commercial factors. The price applicable to your order will be the price current at the time your order is accepted.


Payment

Payment must be made by one of our accepted payment methods which will be made known to you.

Should you be paying by credit or debit card, your bank may place a pending hold on these funds. This is out of the control of Burke and Keen. This payment will be released when payment for your order is requested by Burke and Keen.


Gift cards

We sell electronic gift cards on our website, which are delivered in an electronic format to the email address specified. Burke & Keen gift cards are valid for 3 years and can be redeemed in part or their entirety. Gift cards cannot be exchanged for cash or any other payment. Burke & Keen is not responsible if a gift card is lost, stolen, resold, destroyed, or used without the customer’s permission.


Delivery

Your order will be fulfilled by the estimated delivery date set out in the email confirmation unless there is an event outside our control. If this is the case, we will contact you with a revised estimated delivery date.

Delivery will be completed when we deliver your order to the address you gave us. Your order will be your responsibility from the completion of delivery. You will own the products you ordered once we have received payment in full, including all applicable delivery charges.

Please note that there are a small number of postcodes, usually in remote rural areas, to which we may not be able to deliver within the provided timescale. If you have any queries regarding your order, please contact contact@burkeandkeen.com

Currently, we are only delivering to customers in the European Union. We charge a flat rate of €4,95 per order. However, if you spend more than €45,00, delivery is free.


Returns and refunds

30-day return policy

We have a 30-day return policy to request a return. The start of the 30-day term is the delivery date included with your tracking number.

To be eligible for a return, your item must be in the same condition that you received it, unopened, unused, and in its original packaging. You’ll also need the receipt or proof of purchase.

To start a return, you can email us at contact@burkeandkeen.com or text us via WhatsApp at +31 20 299 1947. If your return is accepted, we’ll send you a return shipping label, as well as instructions on how and where to send your package. Items sent back to us without first requesting a return will not be accepted.

Damages and issues

Please inspect your order upon receipt and contact us immediately if the item is defective, damaged or if you received the wrong item so that we can evaluate the issue and make it right. Please email us at contact@burkeandkeen.com or text us via WhatsApp at +31 20 299 1947.

Exceptions / non-returnable items

Per EU regulations, the 14-day "cooling off" period does not apply to personal care and beauty products if the seal has been broken after delivery. Due to hygiene reasons, you are not permitted to break the seal to test the product and then return it. Your withdrawal right expires as soon as you break the seal. Please email us at contact@burkeandkeen.com or text us via WhatsApp at +31 20 299 1947 if you have questions or concerns about your specific item.

Consumers can read FAQs from the European Consumer Centre in The Netherlands. 

Sale items or gift cards

Unfortunately, we cannot accept returns on sale items or gift cards.

Exchanges

We will exchange products that are defective or damaged. To exchange a product for the same item, take a photo with your phone of the defective or damaged product, and email it to us at contact@burkeandkeen.com

Refunds

We will notify you once we’ve received and inspected your return, and let you know if the refund was approved or not. If approved, you’ll be automatically refunded on your original payment method. Your shipping costs will be excluded unless the item is defective or we shipped you the wrong item. Please remember it can take some time for your bank or credit card company to process and post the refund too, however, we will do our utmost to ensure that refunds are processed as quickly as possible that are within our control.

Repeated Returns

We monitor the number and frequency of returns made by customers. If the return policy is abused, this may, at our discretion, result in the closure of your Burke & Keen account or the refusal of future orders.


No commercial use

Our website is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data mine or sell any content, software, products, or services contained within our website without our express, written approval. You may not use this website, or any of its content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.


Liability

The content of the pages of our website is for your general information and use only. It is subject to change without notice. We will not be liable if for any reason our website is unavailable at any time or for any period.

Your use of any information or materials on our website is entirely at your own risk, for which we shall not be liable. It is your responsibility to ensure that any products, services, or information available through our website meet your specific requirements.

Our website contains material that is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, graphics, and photographs. All trademarks reproduced in this website that is not the property of, or licensed to, the operator is acknowledged on this website. You acknowledge and agree that all copyright, designs, trademarks, and other intellectual property and material rights contained in this website shall remain at all times vested in Burke & Keen and/or are the property of their respective owners. You are permitted to use this content only as expressly authorized in writing by Burke & Keen and/or its third-party licensors. Unauthorized use of our website may give rise to a claim for damages and/or be a criminal offense.

You may view the website and print its content solely for personal, non-commercial, use. You may not modify, reproduce, copy, distribute, transmit, display, perform, publish, license, commercially exploit, create derivative works from, sell or transfer any part of the website unless you have the express written permission of Burke & Keen. If you print off, copy or download any part of our website in breach of these Terms, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Certain features of our website may allow you to contribute feedback and other information to our website for access, use, viewing, and commentary by other users of the website (collectively, “User-Generated Content”). By posting User-Generated Content or any other content, you promise that you have the full legal right to provide the User-Generated Content and content, and that use of the User-Generated Content and content by Burke & Keen on our website, and all other persons and entities, will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) breach any law or agreement; or (c) constitute a disclosure of any confidential information owned by any third party. By submitting User-Generated Content or other content to Burke & Keen, you grant Burke & Keen a worldwide, ongoing, transferable, license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense the User-Generated Content and other content, all without any payment to you. Burke & Keen shall also be under no obligation: (a) to maintain any User-Generated Content in confidence; (b) to pay you in any way for your User-Generated Content; or (c) to respond to any User-Generated Content. Burke & Keen may review any content submitted to the website and refuse or delete any content that we believe violates these Terms, any laws or regulations, or any third party rights.

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information only. They do not signify that we endorse these other websites. We have no responsibility for the content of the linked website or for any loss or damage that may arise from your use of them.

Commentary and other materials posted on this website are not intended to amount to advice on which reliance should be placed. We, therefore, disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our website, or by anyone who may be informed of any of its contents.

You must not misuse our website by knowingly introducing viruses, Trojans, worms, logic bombs, or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our website, the server on which our website is stored, or any server, computer, or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of-service attack.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it.

You agree that, except for death and personal injury arising from our negligence, Burke & Keen will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this contract, for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under these Terms.


Changes to these Terms

We may revise these Terms at any time to reflect changes in or to:

  • Relevant laws or regulatory requirements;
  • Security, technical or operational issues;
  • Our website's functionality or features.

If we change these Terms, we may notify you on our website or via email communication.


Events outside our control

We are not responsible for failure to meet any of our obligations under these Terms where such failure is due to events beyond our reasonable control.


Complaints

We will do our best to resolve any complaints or disputes over these Terms. Please submit your complaint to us at contact@burkeandkeen.com. We will aim to respond within 72 hours. If we are unable to resolve the issue, and you are a consumer, you can submit your complaint or claim to the European Commission Online Dispute Resolution platform.


Governing law and jurisdiction

Should any disputes arise concerning the purchase of our products under these Terms, the courts of Amsterdam, Netherlands will have exclusive jurisdiction to hear the case. These Terms and any claim or dispute related thereto are exclusively governed by Dutch law.


Other important terms

We may transfer our rights and obligations under a contract to another organization, but this will not affect your rights or our obligations under these Terms. The contract of sale is between you and us. No other person shall have any rights to enforce any of its terms.

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Questions about the Terms of Service should be sent to us at contact@burkeandkeen.com.

 

 

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