1. OVERVIEW
  1. The website www.bukkun.com.mt (“the Website”) is operated by Bukkun Limited, a company organized in Malta with registration number C 95853 and with registered address at 217, Flat 3, JH Newman Street, San Pawl Tat-Targa, Naxxar NXR 2121, Malta, hereinafter referred as “Bukkun”, “we”, “us” and “our”).
  1. These terms and conditions (the “Terms” or the “Contract”) govern the use of the Website and the purchase of Products, as better described in section 3 hereunder, from the Website and form the contract between the person purchasing the Products (“You”) and Bukkun for the purchase of Products from the Website.
  1. We urge you to read the Terms carefully before using and/or purchasing from the Website. By visiting and placing an order on the Website, you are aware that you are bound by these Terms. If you do not agree with these Terms, you should not visit the Website and/or purchase from the Website.
  1. If you are purchasing as a consumer, meaning other than in the course of a trade, business, craft or profession, you have the right to withdraw from the Contract, as outlined in section 9 hereunder.
  1. This Contract is concluded electronically, and its only linguistic version is that in the English language.
  1. Bukkun may, at its discretion and subject to law, modify these Terms from time to time. It is your responsibility to read them periodically as references to the Terms on the Website include any current or future version of the Terms.
  1. If you have any query regarding the Terms you may contact us on: 

E-mail: hello@bukkun.com.mt

  1. YOUR OBLIGATIONS
  1. When you use and place an order on the Website, you agree:
  1. To use the Website to make legally valid orders only;
  2. That you are over the age of 18 and are legally eligible to enter into contracts;
  3. Not to make any false or fraudulent orders. If an order of this type may reasonably be considered to have been placed, we shall be authorised to cancel it and take any measures necessary in this regard, including informing the pertinent authorities;
  4. To take full responsibility for all your activities on the Website and to use the Website only for its intended purpose;
  5. Not to transmit any malware or viruses or any codes of a destructive nature;
  6. To provide us with your contact details and delivery address truthfully and exactly, and to promptly update such information as may become necessary;
  7. To comply with the other provisions set out in these Terms.  
  1. You also agree that we may use this information to contact you if necessary. Please familiarize yourself with our Website to learn about the data processing activity related to this Contract.
  1. A breach or violation of any of the Terms and especially of the obligations under this section 2 by you will result in an immediate termination of the Contract.
  1. PRODUCTS
  1. The Products offered for sale on the Website are food products intended to be consumed by children over the age of one (1). The list of Products may be changed or updated from time to time.
  1. You are informed about the main characteristics of the Products before you place an order. However, all brochures, specifications, drawings, catalogues, particulars, shapes, descriptions, illustrations and other advertising matter are intended only to present a general idea of the Products described in them and the images of the Products on the Website or otherwise are for illustrative purposes only.
  1. If you have an allergy or intolerance please let Bukkun know before you order so that we can help you choose suitable dishes.
  1. While Bukkun can modify dishes for allergies or intolerances, it can’t be guaranteed that the environment is free of that allergen. Due to the nature of our Products, Bukkun can’t guarantee a nut free environment, and cannot guarantee that its suppliers work in nut-free environments.  Bukkun aims to prevent cross contamination, however the risk of this remains as suppliers’ kitchens handle a number of allergens.  Therefore, Bukkun cannot guarantee that its dishes are allergen free and/or suitable for people with allergies.  Furthermore, given that recipes change from time to time, You are encouraged to check the ingredients of the Products.
  1. Bukkun reserves the right to change or remove any information, Products or service from the Website from time to time and without notice. 
  1. Products are subject to availability. If You have placed an order for one or more Products that are unavailable, Bukkun will inform You without delay and will refund You in full (including the delivery fee) within 30 days from the notification of unavailability.
  1. PRICES AND PAYMENT
  1. The price of the Products (the “Price”) is that displayed in Euros (EUR) on the Website at the time Bukkun receives your order.
  1. The Price includes VAT but excludes delivery fees, which are calculated during check-out.
  1. Delivery fees may also be charged and such additional charges shall be clearly shown during the checkout process.
  1. The Price is subject to change at any time, but the changes shall not affect the orders that were submitted prior the change.
  1. You need to pay in advance and prior to the delivery the full amount of the order, including the cost of Products, VAT and delivery fee.
  1. After you have placed the order, you will receive a confirmation email stating that the order has been successfully placed and the Contract has been concluded. The confirmation email will be subject to these Terms.
  1. Although we make every effort to ensure that the Price of the Products featured on the Website is correct, errors may occur. If we discover an error in the Price of any of the Products that you have ordered, we will inform you as soon as possible and give you the option of confirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be considered cancelled and all amounts paid will be reimbursed to you in full.
  1. Once you have selected all Products that you wish to buy, these will be added to your shopping basket and the next step will be to process the order and make payment. To that end, you must follow the steps of the purchase process, filling up or verifying the information requested in each step.
  1. Payment for the Products can be made by debit card, credit card or Paypal. Charges will be made to the relevant account when Bukkun confirms your order. 
  1. DELIVERY
  1. The Products offered on this Website are available for delivery in the Maltese Islands only.
  1. Once your order is confirmed, Bukkun shall, subject to these Terms, process your order and the ordered Products shall be delivered in accordance with your pre-selected delivery options to your pre-determined address. 
  1. We are committed to meet all delivery times but sometimes there may be delays for instance due to traffic or bad weather.  We will keep up updated as much as we can but we shall not be held responsible for late deliveries unless this is due to our own negligence or misconduct.   
  1. USE OF THE WEBSITE
  1. Bukkun does not guarantee that your use of the Website will be uninterrupted.  The Website may be subject amongst others, to delays, downtimes, viruses and bugs.    
  1. Bukkun shall assume no responsibility for functionality dependant on your browser or other third party software.  
  1. While Bukkun shall take all the necessary and reasonable steps to protect your information and any personal data, it does not guarantee the security of your data transmitted to the Website; any transmission is at your own risk.
  1. While Bukkun strives to ensure that all the information on its Website is correct, we do not guarantee that it is accurate and complete. 
  1. You agree to indemnify Bukkun for any liability, costs and damages which it may incur as a result of you breaching any of the Terms or from your use (or misuse) of the Website. 
  1. You are solely responsible for the security of any passwords which you may use to register with this Website.  Bukkun shall not be liable for any unauthorized transactions entered into using your name, user name and password. 
  1. You are allowed to store, print and display our Website content only for your own personal use.  You are not allowed to use our Website or any thereof for commercial purposes unless you have our express permission in writing.  You are also not allowed to use the Bukkun logo or trademark without our express permission in writing.  
  1. FORCE MAJEURE

Bukkun will not be liable for any delays or failures in the performance of any of our obligations under a contract which result from circumstance beyond the reasonable control of Bukkun.  Bukkun shall try to limit any damages which may be caused to you and shall try to find a solution by which its obligations under the contract may be performed nonetheless.    

  1. SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

  1. TERM AND TERMINATION
  1. This Contract is concluded when you receive confirmation of your order from our end and terminates once you have received the Products. Your rights, including withdrawal and guarantees, obligations and liabilities and those of Bukkun, incurred prior to the termination, shall survive the termination of this Contract for all purposes.
  1. You may terminate these Terms by no later than 48hrs before delivery date by notifying Bukkun. 
  1. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate this Contract, and/or close or freeze your account, and/or deny you access to the Website (or any part thereof) at any time, and you will remain liable for all amounts unpaid to and including the date of termination.
  1. ENTIRE AGREEMENT
  1. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
  1. These Terms and any policies or operating rules posted by us on the Website constitute the entire agreement and understanding between you and us and govern your use of the Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
  1. GOVERNING LAW AND SETTLEMENT OF DISPUTES
  1. These Terms and any separate agreements which we may provide you in connection with the purchase of the Products from our Website shall be governed by and construed in accordance with the laws of Malta. 
  1. If you have any complaints regarding your order, you are encouraged to submit your complaint in writing to Bukkun using the email address provided above.  Complaints are to be submitted as soon as possible but not later than fourteen (14) days from the date of the delivery of the specific order.  Bukkun reserves the right to request additional evidence and/or explanation of the circumstances relating to the complaint. 
  1. In case of disputes, you may seek an out-of-court settlement submitting complaints and claims using the contact details given in section 1, which we will handle as soon as possible.
  1. In line with Regulation (EU) 524/2013, you may also settle any consumer dispute with us through the online dispute resolution platform accessible at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.
  2. In case of judicial litigation, Maltese Courts shall have jurisdiction over any dispute that may arise from this Contract.