Terms and Conditions
Copyright
All contents of this Web site are Copyright © 2004 - 2013 Barbaran. All
rights reserved. By accessing this Site, you agree to Barbaran’s
terms and conditions. If you do not agree with these terms and conditions
then you are not authorised to use or access this Site.
Definitions
‘You’ means the user of the Site, ‘we’, ‘us’
and ‘our’ means Barbaran. ‘Site’ means the site
on the World Wide Web located at www.barbaran.co.uk., and ‘content’
means the information and other material available within the Site.
Rights Granted/Rights Reserved
The content of this Site is for your personal use only. You agree not
to (and agree not to assist or facilitate any third party to) copy, distribute,
transmit, reproduce, publish, commercially exploit or create derivative
works from the content of this Site.
Availability of the Web Site
You acknowledge that it is technically impossible to provide the Site
free of faults and that we do not undertake to do so. You acknowledge
that faults may lead to the temporary unavailability of the Site, and
that the operation of the Site may be adversely affected by conditions
and performances outside our control, including, without limitation, transmission
and telecommunications links between us and you and between us and other
systems and networks. We and/our suppliers may make improvements and/or
changes in the Site at any time.
No Warranty
The Site and the content is provided on an ‘as is’ and ‘as
available’ basis and we make no warranties or representations, whether
express or implied, in relation to the Site or the content, including
but not limited to implied warranties or conditions of completeness, accuracy,
satisfactory quality and fitness of a particular purpose. You further
acknowledge that some of the content is supplied to us (directly and indirectly)
by third parties and accordingly we can offer no warranty of whatever
nature in relation to such content.
Liability
In no event (except for death and personal injury arising from our negligence)
shall we be liable for any loss or damage whatsoever arising directly
or indirectly from or in any way connected with the Site or your use of
or reliance upon the content or any information you obtain by means of
the Site, whether based on contract, tort, negligence, statutory duty
or otherwise, even if we or any of our suppliers has been advised of the
possibility of such loss or damage. Your statutory rights in relation
to any goods or services purchased through the Site are not affected.
Links to Third-Party Sites
This Site may contain hyperlinks to other web sites. You acknowledge
and agree that we are not responsible for the availability of such external
sites, and do not endorse and are not responsible or liable for any content,
advertising, products or other materials on or available from such sites.
You agree and acknowledge that you are solely responsible for evaluating
any goods or services offered by us or third parties via the Site and
that we will not be a party to or in any way responsible for any transactions
between you and third parties.
Intellectual Property Rights
You acknowledge that all copyright, trademarks and all other intellectual
property rights in the content shall remain vested in us or our licensors.
Purchase of Goods or Services from our Trusted Suppliers
We will use our reasonable endeavours to indicate whether goods or services
which are advertised on the Site are being offered for sale by us or by
a third party. Goods are offered by a third party (‘Third Party
Goods’) where:
- the Site contains a link to a third party site where you may choose
to purchase any goods or services offered for sale on that site (whether
or not such goods or services are advertised on the Site); or
- you may make an enquiry with us regarding goods or services offered
by any third party, we then pass that enquiry on to the relevant third
party and you contact that third party yourself, and you may subsequently
decide to purchase such goods or services.
Where you choose to purchase Third Party Goods, the contract governing
such purchase shall be between you and the relevant third party and on
the standard terms and conditions (if any) of such third party for the
purchase of such goods or services.
You agree and acknowledge that you are solely responsible for evaluating
Third Party Goods. You acknowledge purchases of Third Party Goods, made
by you through the Site, shall be subject to terms and conditions of the
third party supplying the goods and/or services concerned, and that we
will not be a party to or any way responsible for or liable to you in
respect of any transaction between you and third parties.
We do not make any representations or warranties as to the security of
any information (including, without limitation, credit card and other
personal information) you might be requested to give to any third party.
Terms of Purchase of Goods or Services from Barbaran
- The price of the Goods shall be the price quoted on the Site (which
we can change in case of an error). Payment details must be provided
by you on the date that we accept your order.
- In respect of Goods only, the delivery of Goods shall be subject
to payment by you of the delivery charges specified on the Site, which
may be changed by us at our discretion.
- At the current time, for the purchase of Goods eg. The purchase of
single items from the Site, the delivery charge is between £4.00
and £15 depending on value/weight.
- You confirm that you have given us the correct billing address of
your credit/debit card and, in respect of Goods and if different to
the billing address, that you have also notified us of the correct delivery
address.
- All Goods are delivered depending on size/weight either by Royal
Mail or by Courier, delivery being Monday to Friday. To ensure
that you have received your Goods, the Courier will request a signature
for proof of delivery, therefore please select a delivery address most
convenient to you. Provided that your order is placed by 5pm, then subject
to availability, deliveries of goods within the UK will normally be
made within 5 (five) to 7 (seven) working days. We will notify you either
if there will be a delay or if the item is no longer available. If the
item is no longer available, we reserve the right to offer you an alternative
similar in price and quality.
- Please note that delivery charges may vary according to goods purchased
or type of delivery service (eg express or overseas) required. If you
are telephoning from outside the United Kingdom please call +44 (0)
118 9772331.
Payment Terms
- Payment can be made by Mastercard, Visa, Visa Electron, Delta, Solo,
Switch, JCB or PayPal. Payment will be debited from your account before
the despatch of your purchase.
- You confirm that the credit/debit card that is being used is yours.
- We also accept payment by cheque, however the goods cannot be dispatched
until the cheque has been cleared. Please send the cheque with your
address and cheque card number on the back, together with the expiry
date to Barbaran at 194A Reading Road, Wokingham, RG41 1LH.
- You may also order by telephone, by calling (United Kingdom –
0118-9772331) or from (overseas +44(0)118-9772331). We are available for
business Monday to Friday during normal office hours by appointment only. Please have to
hand the details of the goods you wish to purchase and the method of
payment.
- We will take all reasonable care, in so far as it is in our power
to do so, to keep the details of your order and payment secure, but
in the absence of negligence on our part we cannot be held liable for
any loss you may suffer if a third party procures unauthorised access
to any data you provide when accessing or ordering from this Site.
Risk and Property
- Once the Goods have been received by you, all risk of damage to, or
loss of, the Goods shall pass to you.
- Irrespective of delivery and the passing of risk in the Goods, or
any other provision of these conditions, the ownership of the Goods
shall not pass to you until we have received in cash or cleared funds
payment in full for the price of the Goods and all other Goods agreed
to be sold by us to you for which payment is then due. Until such time
as the ownership of the Goods passes to you, we shall be entitled to
ask you to return the Goods to us in their original condition.
Warranties, Exchange and Refund
- The Goods are sold with the benefit of and subject to the terms applicable
to such warranty as is given by the manufacturer of the Goods.
- There shall be no liability under any such warranty or guarantee
if the total price for the Goods has not been paid by the due date for
payment.
- If a valid warranty claim is made within 30 days of purchase of new
Goods we will satisfy in full our liability to you by either replacing
the Goods free of charge; or refunding to you the price you paid for
the Goods if the exact same item is not available.
- Where you are dealing as a consumer (within the meaning of the Unfair
Contract Terms Act 1977 and Unfair Terms in Consumer Contracts Regulations)
your statutory rights are not affected by these Purchase Terms ie, if
the Goods are faulty or not what you ordered, in this case please provide
a full description of the fault and return the defective item in it’s
original box (if any), and return to Barbaran at 194A Reading Road, Wokingham,
RG41 1LH, with all receipts, warranties. In these circumstances you
should inform Barbaran by telephone on (United Kingdom – 0118-9772331)
or from (overseas +44(0)118-9772331) and we will pay for the reasonable
delivery of the faulty goods.
- If you return Goods to Barbaran within 21 (twenty one) days from
the purchase date of such Goods in perfect condition and, with the original
packaging and original invoice/receipt, then we will give you a full
refund, less the postage. The refund will be in the form of the original method of payment.
However, you will be responsible for the cost of returning the Goods
to us. Please send the Goods to Barbaran at 194A Reading Road, Wokingham, RG41
1LH.
- Customised products cannot be returned, refunded or exchanged unless
faulty, due to the highly individual nature of the work being done.
- Colour matching - whilst the greatest care is always taken when matching
our dyes, 100% colour match is not always achievable. Any damages that
are already present on the article such as scratches, glue, oil etc.,
may show through. Any such occurrences may not be defined until the
completion of the process. This also applies to beadwork and handpainting
to customer's specification.
Liability
- Nothing in these Purchase Terms shall exclude or limit liability for
death or personal injury resulting from our negligence or that of our
servants, agents or employees.
- Our liability in contract, tort, negligence, pre-contract or other
representations or otherwise arising out of or in connection with these
Purchase Terms or the performance or observance of our obligations under
these Purchase Terms, and every applicable part of it shall be limited
in aggregate to all sums paid by you to us.
- In any event, we shall not be liable to you under, or in connection
with these Purchase Terms in contract, tort, negligence, pre-contract
or other representations (other than fraudulent or negligent representations)
or otherwise for any loss of business, contracts, profits or anticipated
savings or for any indirect or consequential economic loss whatsoever.
General
These Purchase Terms shall be governed by the laws of England and you
agree to submit to the exclusive jurisdiction of the English courts. We
reserve the right to change these terms and conditions from time to time.
By continuing to use the Site following any such change you will be deemed
to have accepted such change. It is your responsibility to check regularly
to determine whether these terms and conditions have been changed.
|
