Terms and Conditions
Thank you for joining Buckle Select (“Select”), a service designed by The Buckle, Inc. (“Buckle”, “we”, “our”, and “us”) to make shopping Buckle even easier with your own personal stylist.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. By completing the registration process, ordering a shipment, purchasing product and using Select, you represent and warrant the following:
- You agree to follow and be bound by these terms and conditions (“Terms and Conditions”) and agree to comply with all applicable laws and regulations;
- You are at least 13 years old (18 for Maine and Rhode Island residents), and if you are between the ages of 13 and 18, you are using Select under the supervision and permission of a parent or guardian, who authorize your use and also agree to be subject to these Terms and Conditions;
- You are a resident of the contiguous United States, or if you are a resident of Alaska or Hawaii, you will be shipping to a destination somewhere within the contiguous United States.
- You agree that your participation in Select is for personal use only;
- You, or your parent or legal guardian, have the authority to enter into a contract regarding these Terms and Conditions; and
- You are not an employee of Buckle or its subsidiaries.
If you do not wish to be bound by these Terms and Conditions, you may not utilize Select to order or purchase products. It is your responsibility to review these Terms and Conditions periodically and note any changes. If we make any material change, we may notify you via email to the last email address that you provided to us. You will know if changes have been made based on an updated version date listed at the end of these Terms and Conditions. Any changes will be effective as of the version date listed. If you object to any such changes, your sole recourse will be to cease access to Select. Continued access to Select following any changes will indicate your acknowledgement of such changes and satisfaction with Select as so modified.
THE TERMS INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.
ACCOUNTS AND REGISTRATION
To register for Select, your stylist will send you a unique URL. You must use this unique URL to register. If you don’t already have an account on buckle.com, you will be required to create one. Once you have a valid account on buckle.com (an “Account”), which requires your first name, last name, email address, payment card information, address, phone number, other registration information and a password (collectively, “Account Information”), you will need to complete the Select payment setup (also included as “Account Information”). You may not transfer or share your Account Information with any third parties. You represent and warrant that all required Account Information you submit is truthful and accurate and that you will maintain the accuracy of such Account Information. We may also ask you for other information, such as your sizes and color preferences, in order to establish your style profile (“Profile”).
Buckle will save your Account Information and use it for all future shipments and charges under the Select program. In order for Select to work best for you, please keep your Profile and/or stylist up to date. Please also keep your Account Information confidential. If someone accesses Select using your Account Information, we will rely on that Account Information and will assume that it is really you who is accessing Select. You are solely responsible for any and all use of your Account Information and all activities (including orders placed through Select) that occur under or in connection with your Account. Without limiting any rights that we may otherwise have, we reserve the right to take any and all action we deem necessary to ensure the security of Select, your Account and buckle.com, including without limitation suspending or terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account. You agree to be responsible for any act or omission of any users that access Select under your Account Information that, if undertaken by you, would be deemed a violation of these Terms and Conditions. You may not use anyone else's Account at any time, without the permission of the Account holder. Please notify us immediately if you become aware that your Account Information is being used without authorization. You agree not to register for more than one Account, register for an Account on behalf of an individual other than yourself without such individual’s authorization, or register for an Account on behalf of any group or entity.
You may cancel your participation in Select at any time by logging into your Account and unenrolling. You will receive an email to confirm successful unenrollment.
Your Buckle stylist will make every effort to follow the preferences you set in your Profile or information you provide to your stylist. However, we do not guarantee that every item in your shipment will comply with those preferences. You may request that your stylist let you know what they have selected before shipping any items. Once you receive the items, you can try them on and see what you like. You can decide to keep all, some or none of the items in the shipment. For those items you don’t want to keep, please see our Returns and Exchange Policy below.
For any reason, we may decline to fulfill your request for a shipment. If we decline to accept your request for a shipment, we may attempt to notify you at the email address you provided.
Please let your stylist know how often you want to receive outfits. As explained in the Payment section below, you are responsible for the price of any products that are not returned in accordance with our policies. These Terms and Conditions will govern any shipment. We may refuse to ship to any address for any reason.
Buckle SELECT doesn’t come with any styling or subscription fees, and there are no limits on how many times you can use your stylist for fashion advice. Shipping fees within the contiguous United States are waived for the original shipment to you. In order for your stylist to send your outfit selections to you, a valid credit card number and billing address must be associated with your Account. You are responsible for paying for all items in your shipment, whether they conform to your Profile or not, unless you return the items in accordance with our Return and Exchange Policy set forth below. You are responsible for the payment of any state and local sales taxes applicable to your order. If we don’t collect the applicable sales tax, you are responsible to pay any applicable use taxes.
By attaching payment information to your Account, you authorize Buckle to charge your credit card for product when a Select box is shipped to you and, if applicable, for the shipping fee when you return product to Buckle. Buckle will charge the credit card associated with your Select membership on the date of shipment. You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. Buckle will not be liable in the event your children or others acting with or without your permission use your credit card to make orders; however, you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your credit card or other payment method.
If you request Select boxes at regular intervals, you authorize and agree that shipments will be charged to the card on file at the date of each shipment. You may cancel automatic fulfillments at any time by letting your stylist know.
You may change your method of payment, account number, CVV code or address at any time by logging into your Account and updating your payment information. You will receive an email confirming that your payment information was updated.
Keep in mind that all qualifying purchases through Select will earn points if you are registered for Buckle Guest Loyalty. Also, if you use a Buckle Credit Card for payment, you can earn B-Rewards points on those same qualifying purchases. Points will be earned and deducted in accordance with terms and conditions associated with each of the Buckle Guest Loyalty and the Buckle B-Rewards programs.
RETURN AND EXCHANGE POLICY
Simply place the Buckle Select items that didn’t work back in the shipping box or bag provided, attach the return shipping label and receipt that was provided in the original box and drop it off at your closest United States Postal Service box. Products must be returned unworn and in the original condition with all original packaging and tags attached. As soon as Buckle receives and processes your package, the credit card that was charged for the returned items will be credited for those items. If that credit card is no longer valid, Buckle will contact you to work out other arrangements. Returns will be subject to a $10 shipping fee, and your credit card will be charged for that during the return process. The receipt for your return transaction and charge for the shipping fee upon return will be provided to you electronically once we complete the processing of your return.
If you would like to exchange an item for a different size, color, etc., contact your stylist immediately. If the alternate item is available, your stylist will process the exchange. You will be required to return the original item per the return policy in the preceding paragraph. Once the stylist confirms that Buckle has received the original item, your stylist will mail you the alternate item. Buckle cannot guarantee that you will be able to exchange or replace any item.
Returns and exchanges must be made either (i) in your stylist’s home store, or (ii) using the pre-paid, pre-addressed shipping box or bag provided by Buckle.
RIGHT TO SUSPEND OR TERMINATE
Buckle reserves the right, in its sole discretion, to suspend or terminate your Account, your use of Select or the sending of shipments at any time, including, as necessary, to protect the security or operation of Select or buckle.com.
We can only give you the benefits of our service by conducting business through the Internet, and therefore you must consent to electronic communications. By setting up your Account and/or completing the Select payment setup, you (a) consent to receive communications from Buckle in an electronic form; and (b) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications (“ Communications”) that we provide to you electronically satisfy any legal requirement that such Communications would satisfy if it were in writing. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. The foregoing does not affect your non-waivable rights. You may also receive a copy of these Terms and Conditions by accessing buckle.com. You may withdraw your consent to receive Communications electronically by following the guidelines set forth in the Guest Privacy section below. If you withdraw your consent, from that time forward, you must stop using Select. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption.
OWNERSHIP OF INTELLECTUAL PROPERTY
You understand and acknowledge that the software, code, proprietary methods and systems used to provide Select and the materials, information and content made available or displayed by us through buckle.com (collectively, “Our Intellectual Property”) are: (a) copyrighted by us or our licensors under United States and international copyright laws; (b) subject to other intellectual property and proprietary rights and laws; and (c) owned by us or our licensors. Our Intellectual Property may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Intellectual Property and you may not remove or alter any such notice, information or restriction. Nothing in these Terms and Conditions will be deemed to grant, by implication, estoppel or otherwise, a license to Our Intellectual Property. Certain names, logos, and other materials displayed on products or on buckle.com constitute trademarks, tradenames, service marks or logos (“Marks”) of Buckle or other entities. Ownership of all such Marks and the goodwill associated with such Marks remains with us or those other entities. You are not authorized to copy, modify, create derivative works of or otherwise use Our Intellectual Property or any Marks. Any use of third party software provided in connection with Select will be governed by such third parties’ licenses and not by these Terms and Conditions.
DISCLAIMER OF WARRANTIES
BUCKLE SELECT AND ALL CONTENT, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH BUCKLE SELECT ARE PROVIDED BY BUCKLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BUCKLE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF BUCKLE SELECT OR ANY CONTENT, PRODUCTS OR SERVICES INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH, BUCKLE SELECT, UNLESS OTHERWISE SPECIFIED IN WRITING, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ACCURACY. YOU EXPRESSLY AGREE THAT YOUR USE OF BUCKLE SELECT AND PRODUCTS PURCHASED THROUGH BUCKLE SELECT IS AT YOUR SOLE RISK.
We make no warranty that the products or services will meet your requirements, or that Select’s services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the products or services, or that defects in the products or services will be corrected. We specifically disclaim any liability associated with the use of the products and you agree that you will not sue Buckle for any claim related to any products purchased through Select. You understand and agree that you will be solely responsible for any damage to your computer or loss of data that results from the download of any material and/or Our Intellectual Property. No advice or information, whether oral or written, obtained by you from us through Select, or otherwise will create any warranty, representation or guarantee not expressly stated in these Terms and Conditions.
Some states do not allow exclusion of implied warranties, so these exclusions may not apply in individual cases. You may have additional rights that vary from state to state. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted under such applicable law.
You agree to indemnify, defend and hold harmless Buckle, our parents, subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents, from and against any and all third party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that such parties may incur as a result of or arising from: (i) your use of the products or the Select program (except to the extent prohibited by law); (ii) your violation of these Terms and Conditions; (iii) your violation of any rights of any other person or entity; (iv) any content, information or materials you upload to buckle.com; or (v) any viruses, Trojan horses, worms, time bombs, spyware, malware, cancelbots or other similar harmful or deleterious programming routines input by you into buckle.com.
RIGHT TO AMEND
Buckle reserves the right to amend, modify, or discontinue Select (including shipments) and these Terms and Conditions at any time and in any way in its sole discretion with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue Select. If Buckle amends or modifies Select, notice of such amendment or modification will be provided on buckle.com and may also include an email to members.
Buckle’s logo and any other logos and taglines are the sole intellectual property of Buckle Brands, Inc.
Buckle will not be liable for any claims, actions, injury, loss or damage of any kind resulting from your participation in Select or the products purchased through Select. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR WILLFUL MISCONDUCT, WILL BUCKLE, OR ANY OF ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, OR EMPLOYEES (COLLECTIVELY, THE “BUCKLE PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES THAT RESULT FROM BUCKLE SELECT, EVEN IF THE BUCKLE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY PARTICIPATING IN GUEST LOYALTY, YOU RELEASE THE BUCKLE PARTIES AND ITS SERVICE PROVIDERS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, AND OTHER EXPENSES (INCLUDING, WITHOUT LIMITAITION, ATTORNEYS’ FEES) RELATING TO YOUR BUCKLE SELECT MEMBERSHIP AND YOUR AGREEMENT TO THESE TERMS AND CONDITIONS.
In consideration for participating in Select, Members agree (i) to waive the right to trial by jury and the ability to participate in a class action, and (ii) that any dispute with Buckle regarding Select will be resolved through negotiation with Buckle. If an agreement cannot be reached through negotiation, resolution will be sought on an individual basis only through binding arbitration in the State of Nebraska and the laws of Nebraska will govern the substantive resolution of the matter. No arbitration under these Terms and Conditions will be combined with any other arbitration. If for any reason a claim proceeds outside of binding arbitration, the laws of Nebraska will govern, and the claim will be instituted only in the federal and state courts located in Nebraska.
These Terms and Conditions represent the entire agreement between you and Buckle pertaining to your Select membership. No waiver of any of the provisions of these Terms and Conditions will be deemed or will constitute a waiver of any other provisions hereof, nor will waiver constitute a continuing waiver unless otherwise expressly provided. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision will be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.
Even after your rights under these Terms and Conditions are terminated, all provisions of these Terms and Conditions which by their nature should survive, will survive, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
We may give notice to you by email, a posting on buckle.com or other reasonable means. You must give notice to us in writing via email to email@example.com or as otherwise expressly provided. Please report any violations of these Terms and Conditions to firstname.lastname@example.org.
The Buckle, Inc. (“Buckle”)
2407 West 24th Street
Kearney, Nebraska 68845
Version: October 30, 2019