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TERMS & CONDITIONS

These Terms and Conditions will be part of the contract between the customer and Duck and Hive Limited. Duck and Hive Limited is registered in England & Wales, Company No. 12156759, VAT No. GB330563428. Our registered office is 78, Borough Road, Altrincham, Cheshire WA15 9EJ. 

1. Contract of Sale

All orders that you place on this website will be subject to acceptance in accordance with these Terms and Conditions. When you place an order to purchase a Duck and Hive product, we will send you an e-mail confirming receipt of your order, with the details of your order. 

The final acceptance of your order will be complete at the time we send you a Dispatch Confirmation email. Any products from the order, not confirmed in the invoice enclosed with the Dispatch Confirmation email, have not been purchased and paid for. The ownership remains with Duck and Hive Limited until the complete payment of the order has been made. 

2. Prices, Availability & Promotions  

All prices are given in Pound Sterling (£) and are inclusive of VAT where applicable. Prices may change and offers may be withdrawn at any time. The prices do not include delivery charges which are added to your order at checkout. Although we try to ensure that all prices displayed on our website are accurate, errors may sometimes occur. If we discover an error in the price of an item you have ordered, we will contact you as soon as possible. You will have the option to reconfirm your order at the correct price or cancel it. If we are unable to contact you, we will consider the incorrectly priced item as cancelled. All displayed products are subject to availability - we do display real time stock information on our site however we also take orders offline and so we cannot always guarantee availability of items particularly when stock is low.  You can only use one promotion code per order. Note that some codes may only be valid for certain items and most codes will have an expiry date. In situations where a free gift or bundle are applicable, we are only able to fulfil while stocks last. Please note the terms and conditions of each promotion may vary, so make sure you check when you receive any codes. From time to time, we may give you a promotion that you can use to reduce the price of specified products or to redeem a free gift. Remember, it’s up to you to enter the code at checkout! If you receive a unique promotion checkout code please keep it secret and don’t let anyone else use it or abuse it. If we think there is or has been a misuse of a promo code in any way, we will cancel your promotion code and/or suspend or even close your account. Orders will be subject to usual VAT charges.

3. Delivery Charges 

Delivery cost is calculated according to the weight of your items and shown at checkout. We offer FREE delivery within UK mainland for orders over £75. 

4. Payment Terms

Full payment must be received for your order before it is dispatched. While every effort is made to send complete orders, we reserve the right to make part deliveries.

5. Returns

Please refer to our returns page for our returns policy.

6. Display on the Website

We have made every effort to display as accurately as possible the appearances, colours, textures or finishes of our products that appear
on the website. What you see will depend on your monitor and computer equipment, we are therefore unable to guarantee that the product images are an accurate representation of the actual merchandise. All products are sold as one piece and the price displayed is for one unit, unless otherwise stated in the product name that the product is a set and contains multiple pieces.

7. Intellectual Property Rights

We own, or are the licensee to, all right, title and interest in and to the website, including all rights under patent, copyright, trade secret or trademark law, and any and all other proprietary rights, including all applications, extensions, renewals and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, reverse-engineer, disassemble, de-compile or otherwise attempt to derive source code from any area of the website. You must not extract or use any of the content on the website or service for commercial purposes without obtaining a licence to do so from us or our partners. We respect the intellectual property rights of others and we ask our partbers to do the same. If you believe that any of your intellectual property rights have been infringed on the webite, please contact us.

8. Description of Subscription Services

When you decide to buy a subscription from our website the resulting legal contract is between you and the producer of that subscription and such contract shall compromise of these customer terms, the email confirmation of your order from the producer (subscription box manufacturer), their terms and conditions and the applicable details on the product page and you agree to be bound by all such provisions. You should carefully review the customer terms, the producer's email confirmation of your order, producer's terms and conditions and the applicable details on the product page in relation to the order. If there is any conflict or inconsistency between these customer terms and any other details provided, these customer terms shall prevail to the extent of the conflict or inconsistency. We cannot give any undertaking, that goods and/or services you purchase from producer through our website will be of satisfactory quality, and this and any other such warranties (whether express or implied) are disclaimed by us absolutely to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against the producer. Where you order goods and/or services through the website we may disclose your customer information related to that transaction to the relevant producer. We do not review or control, and are not responsible in any way for, listings provided by producers and at no time do we possess any items offered for sale by producers through the website.

9. Disclaimer of Warranties and Limitation of Liability for Goods and Subscription Services

i)To the fullest extent permitted by applicable laws, we disclaim responsibility for any harm resulting from any goods or subscription services.

ii) The website (and all content on the website) that includes information and products related to wellness goods, (diet and fitness etc)  (collectively known as “Wellness Goods”). You acknowledge and agree that the following warnings and disclaimers shall apply to all of Our Wellness Goods and Content. Before participating in any diet or exercise programme or using any diet or fitness products or services that may be described and/or made accessible in or through the website we strongly recommend that you consult with your GP or other suitable healthcare provider. Duck and Hive Limited and its staff are not any kind of professional care provider. While some content on the website may be by professional care providers, the company and its authors are not rendering professional advice of any kind to you personally but are merely providing general education and information. You acknowledge and agree that when participating in any diet or activity or programme described in Wellness subscriptions, and/or when using any products or services described or provided in or through our Wellness content, there is the possibility of physical injury, emotional distress and/or death, and you assume the risk and responsibility for any such results. Our Wellness Content is not meant to be a substitute for professional advice from your GP or appropriate health care professional. We make no warranties, express or implied, as to the completeness, accuracy, or appropriateness for any purpose of any information or content contained in our content.

iii) The website is provided “as is” and “as available” and we expressly disclaim to the fullest extent permitted by law all express, implied and statutory warranties.

v) Nothing in these customer terms shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.

10. How contracts are formed between you and Subscription providers

When you decide to purchase a subscription services via duckandhive.co.uk the resulting legal contract is between you, Duck and Hive and the Subscription Provider and such contract shall compromise of these Customer Terms - the email confirmation of your order and the terms and conditions of the Subscription Provider.

You should carefully review the Customer Terms, the email confirmation of your order and the applicable details on the product page in relation to the order. If there is any conflict or inconsistency between these Customer Terms and the email confirmation of your order or the applicable details on the product page, these Subscription Provider Terms shall prevail to the extent of the conflict or inconsistency.

We cannot give any undertaking, that goods and/or services you purchase from Subscription Providers through the Site will be of satisfactory quality, and this and any other such warranties (whether express or implied) are disclaimed by us absolutely to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against the Subscription Provider. Where you order goods and/or services through duckandhive.co.uk we may disclose your customer information related to that transaction to the relevant Subscription Provider.

We do not review or control, and are not responsible in any way for, listings provided by Subscription Providers and at no time do we possess any items offered for sale by Subscription Providers through the Site.

(a )To the fullest extent permitted by applicable laws, we disclaim responsibility for any harm resulting from your use of any part of the Subscription Service or Goods.

(b ) The Site (and all content on The Site) including information and products related to wellness topics, such as health, diet and fitness. You acknowledge and agree that the following warnings and disclaimers shall apply to this content.
Before subscribing to any health, diet or fitness products or subscriptions that may be described and/or made accessible in or through The Site we strongly advise that you consult with a professional healthcare provider. Duck and Hive and its staff are not any kind of professional care provider. While some content on The Site may be supplied by Professional Care Providers, Duck and Hive are not rendering professional advice of any kind to you personally but are merely providing general education and information. You acknowledge and agree that when participating or purchasing any health, diet or fitness subscription or service, and/or when using any products or services described or provided via our health, diet or fitness subscriptions, there is the possibility of physical injury, emotional distress and/or death, and you assume the risk and responsibility for any such results. This health, diet and fitness content is not meant to be a substitute for Professional Advice from Your Professional Care Provider and We make no warranties, express or implied, as to the completeness, accuracy, or appropriateness for any purpose of any information or content contained in Our Content.

(c) The Site is provided “as is” and “as available” and we expressly disclaim to the fullest extent permitted by law all express, implied and statutory warranties.

(d) Nothing in these Customer Terms shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.

Each subscription order you place shall be deemed to be an offer by you to purchase the goods and/or services specified within it subject to the Customer Terms and the applicable details on the product page.

No order shall be deemed to be accepted by the Subscription Provider until we (acting as the commercial agent of the Provider) issue an email acknowledgement of order. The contract between you and a Subscription Provider will relate only to those goods and/or services notified in the email acknowledgement of order.

Purchases for goods and/or services you make with Providers may only be paid for using a debit or credit card through our payment facility (or any other payment method which we may make available from time to time). In accepting or otherwise processing your payments related to the purchase of items from sellers, we act in the capacity as commercial agent of the Provider. The Provider acknowledges and agrees that the valid payment by you to us for the purchase of item(s) between you and the Provider will satisfy your obligation to pay the Providerfor the relevant item(s) and consequently, any debt obligations owed by you to the Provider for the purchase of such items shall be extinguished at that time. The Provider further agrees that it will not seek recourse (legal or otherwise) against you for payment of items if you have validly paid us.

All prices shall be shown in the applicable currency and payable in that currency. You accept that some banks may charge you an additional fee for certain transactions (for example, international transactions). You accept that item prices in the currencies displayed do not vary according to your location; delivery charges will vary depending on the destination to choose to have the item delivered.

All prices quoted include any applicable VAT.

We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.

Your shopping basket on the Site displays the goods you have chosen, the Provider who shall provide them and postage details. The delivery costs  are included in the checkout process. Any delivery times quoted are in working days.

If you wish to discuss or organise a return, exchange or refund of any item please contact the Subscription provider directly. Any returns or refunds shall be made by the Subscription Provider in accordance with their own returns and refunds policy.

Material and content provided by Subscription Providers must not: (i) be defamatory of any person; (ii) contain material which is obscene, discriminatory, offensive, hateful, threatening or inflammatory; (iii) infringe any copyright, database right or trade mark of any other person; (iv) be likely to deceive any person; (v) promote any illegal activity; (vi) be likely to harass, upset, embarrass, alarm or annoy any other person; or (vii) be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

Any material a user uploads to the Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose a user’s identity to any third party who is claiming that any material posted or uploaded by such user constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by users. We have the right to remove any material or posting a user makes on the Site.

If any of these Customer Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

11. Use of Cookies 

Please refer to our privacy policy.

12. Privacy

For details of how we collect and use any personal information, please see our privacy policy.

13. Other

We may change these Terms and Conditions at any time. If any of these Terms and Conditions are invalid or unenforceable, the remainder of these Terms and Conditions shall continue to have full force and effect.

14. Discounts and Sales

If a Duck and Hive or a Subscription Provider provides a discount code the following rules apply:
1. By using a promotional code you will be deemed to have read and understood these terms and conditions and agree to be bound by them.

2. The terms and conditions on the Site shall apply to promotional codes. If and to the extent there is a conflict or inconsistency between the terms and conditions of the Site and these promotional code terms and conditions, the promotional code terms and conditions shall prevail to the extent of the conflict or inconsistency. The defined terms used in the Site terms and conditions shall also apply to these promotional code terms and conditions.

3. Duck and Hive promotional codes can only be used on duckandhive.co.uk and towards the purchase of items currently featured on our Site, excluding art, furniture, lighting, subscriptions, personalised items, gift cards and delivery charges.

4. Subscription Provider promotional codes are displayed in the product page and are an arrangement between Duck and Hive and the Subscription Subscriber and not between you and the Subscription Provider. Promotional codes cannot be used on the individual websites of any Subscription Provider shown on duckandhive.co.uk.

5. Promotional codes cannot be used in conjunction with any other offer on duckandhive.co.uk, including (but not limited to) any other Duck and Hive promotional code, in the same transaction.

6. The discount associated with a Duck and Hive promotional code is applied to your entire basket, excluding any art, furniture, lighting, subscriptions and delivery charges. Promotional codes should be entered on the payment page during checkout for the discount to apply.

7. Each promotional code will have a limited time period in which to be used and/or a maximum number of orders per code. The code will be invalid once these limits have been reached. They may also have other conditions for use such as a minimum order value. Specific terms and conditions for each promotional code setting out any such limits can either be found in the communication you received with the code itself or on the specific promotional code terms and conditions page via the Site (eg, via an on-site banner).

8. Duck and Hive reserves the right to suspend, change or cancel any promotional code, at any time, in the event of circumstances arising which make it necessary to do so. Duck and Hive may update these terms from time to time and reserves the right to add additional terms and conditions for specific promotional codes as and where necessary. You should review the promotional code terms and conditions periodically for changes.

9. Promotional codes have no cash value, cannot be transferred and cannot be forwarded or reassigned.

10. Any refund you may be entitled to receive will not include the redemption value of the promotional code. You will receive no more than the amount you paid towards the final basket price.

11. These promotional codes are provided and operated by Duck and Hive Limited, ​41 Craven Road, Altrincham, Cheshire, WA14 5HJ, with registered company number: 12156759.

15. Severability

​If any of these Customer Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

16. Entire Agreement

These Customer Terms and any documents expressly referred to in them constitute the entire agreement between us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between us, whether written or oral, relating to its subject matter. Each of us agrees that neither we nor you shall have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Customer Terms or any documents expressly referred to in them. Neither of us shall have any claim for innocent or negligent misrepresentation based upon any statement in these Customer Terms and any documents expressly referred to in them.

17. Force Majeure

Where we or a Subscription Provider are prevented from or delayed in carrying out obligations under these terms due to circumstances beyond our or the Subscription Provider's reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to the Subscription Provider's workforce), or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials then either our or the Subscription Provider's (as the case may be) performance of its obligations shall be postponed for the period of time that the circumstances continue.

18. Rights of Third Parties

No provision of these Customer Terms shall be enforceable by any third party (which includes for these purposes any third party: employee, officer, agent, representative or sub-contractor of either duckandhive.co.uk or a Subscription Provider under the Contracts (Rights of Third Parties) Act 1999 or otherwise. Nothing in this clause excludes the rights of duckandhive.co.uk when acting as commercial agent of any Subscription Provider.

19. Law and Jurisdiction
Contracts for the purchase of goods, services or subscriptions through our Site shall be governed by English law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.

20. Feedback

General comments about the Site are always welcome, please get in touch us by email. If you have any complaint about a Subscription order please contact the Subscription Provider directly. To report any other issue, including report an issue with a Subscription Provider that could not be resolved with them directly please contact us by email.

Duck and Hive Gift Card and Gift Vouchers Terms & Conditions

1. Redemption

Duck & Hive Gift Cards ("Gift Cards") may be redeemed towards all products on www.duckandhive.co.uk. Purchases are deducted from the redeemer's Gift Card balance. A personalised discount code will be applied to each gift card equivalent to the amount on the gift card purchased. If a purchase exceeds the redeemer's Gift Card amount, the remaining amount must be paid with another payment method. If the full balance of a gift card isn’t used on first purchase we will issue an additional code equivalent to the balance on your card which can be used at a later date.

2. Limitations

Gift Cards, including any unused Gift Card balances, expire 1 year from the date of the Gift Card's issuance. Gift Cards cannot be used to purchase other gift cards. Gift Cards cannot be reloaded, resold, transferred for value, used for unauthorised commercial purposes, including to facilitate the resale or shipment of goods from duckandhive.co.uk or redeemed for cash. Unused Gift Card balances may not be transferred to another Gift Card.

3. Risk of Loss

The risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or designated recipient whichever is applicable. We are not responsible if any Gift Card is lost, stolen, destroyed or used without your permission.

4. Fraud

We will have the right to close customer accounts and take payment from alternative forms of payment if a fraudulently obtained Gift Card is redeemed and/or used to make purchases on duckandhive.co.uk.

5. Limitation of Liability

We make no warranties, express or implied, with respect to Gift Cards, including without limitation, any express or implied warranty, of merchantability or fitness for a particular purpose. In the event a Gift Card is non-functional, your sole remedy, and our sole liability, will be the replacement of such Gift Card. If applicable law does not allow limitations on implied warranties or the exclusion or limitation of certain damages, some or all of the above disclaimers, exclusions or limitations may not apply to you, and may have additional rights. 

6. General Terms

Duck and Hive terms and conditions apply. Gift Cards are issued by Duck and Hive Limited. When you purchase, receive or redeem a Gift Card,

you agree that the laws of the England and Wales will govern these Gift Card terms and conditions. We reserve the right to require additional verification of your identity. We reserve the right to change these terms and conditions from time to time in our discretion. All terms and conditions are applicable to the extent permitted by law.

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41, Craven Road
Altrincham

WA14 5HJ

© 2020 by Duck and Hive. 

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