These are the general terms and conditions for the supply of goods via our website, or by direct communication with Barker & Barker that will apply absent agreement to the contrary.
1. In this section:
- “YOU, YOUR” means the person named on the order for whom we have agreed to provide the Goods in accordance with these Terms.
- “CONTRACT” means the contract for the provision of the Goods.
- “DOCUMENT” includes, in addition to a document in Writing, a map, plan, design, drawing, picture or other image, or any other record of any information in any form.
- “GOODS” means the items advertised for sale on our website or in brochures.
- “ORDER” means your order placed with us for the supply of Goods.
- “WE, OUR, US” means Barker & Barker, a partnership whose principal place of business is Unit 4/9 Valley Court, Lower Road, Croydon, Herts. SG8 0HF
2. The headings in these Terms are for convenience only and shall not affect their interpretation.
Section A — Supply of Goods
A1 — The contract between us
Unless we agree otherwise in writing we must receive payment of the whole of the price for the goods that you order together with applicable VAT before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide. Our acceptance of your order brings into existence a legally binding contract between us
A2 — Price
- You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges will be communicated to you at the time you place your order.
- We will communicate the price per meter of the fabric you order at the time of your enquiry and before any contract exists between us.
A3 — Right for you to cancel your contract
- You may cancel your contract with us for Wallpapers at any time up to the end of the seventh day from the date you receive the ordered goods provided you return the goods to us and they are received by us in their original unopened and unused and not damaged condition and we will refund the original purchase price but not the delivery charge. You will pay the costs of returning the Wallpapers to us. Items returned outside this period will only be refunded if authorised by us.
- You cannot cancel your contract if the goods you have ordered are fabrics which have been cut to your order or fabrics designed to order under our terms of supply or other items which have been specifically designed or manufactured for you.
- To cancel your contract you must notify us in writing.
- Once you have notified us that you are cancelling your contract, any sum paid to us which you are entitled to be refunded will be re-credited to your account as soon as possible and in any event within 30 days of your cancellation PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
A4 — Cancellation by us
- We reserve the right to cancel the contract between us if we have insufficient stock to deliver the goods you have ordered, or
- We do not deliver to your area;
- One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
- If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum paid by you as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
A5 — Delivery of goods to you
- We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
- Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order if we have the Goods in stock and 60 days if we have to purchase additional Goods from our suppliers.
- You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction. Goods will be supplied by us CIF.
A6 — Liability
- If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 days of the delivery of the goods in question.
- If you contract with us you accept that industry standards allow a fault every 10 meters in fabrics and we will not be liable for any faults that fall within this parameter.
- If you do not receive goods ordered by you within 60 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 70 days of the date on which you ordered the goods. If you notify a problem to us under this condition, our only obligation will be, at your option:
to make good any shortage or non-delivery;
to replace or repair any goods that are damaged or defective; or
to refund to you the amount paid by you for the goods in question in whatever way we choose.
- Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under our contract with you and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question pursuant to our contract with you.
- You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
- Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
Section B — Supply of the Specified Service
- We shall provide the Specified Service to the Client subject to these Terms. Any changes or additions to the Specified Service or these Terms must be agreed in Writing by us and you.
- The Specified Service shall be provided in accordance with the Specification Sheet and otherwise in accordance with our contract with you.
- Further details about the Specified Service, and advice or recommendations about its provision or utilisation, which are not given in our current website details, brochure or other promotional literature, may be made available on Written request.
- We may correct any typographical or other errors or omissions in our website details, brochure, promotional literature, quotation or other document relating to the provision of the Specified Service without any liability to you.
- We may at any time without notifying you make any changes to the Specified Service which are necessary to comply with any applicable safety or other statutory requirements, or which do not materially affect the nature or quality of the Specified Service.
B2 — Charges
- Subject to any special terms agreed in writing you shall pay our Charges as detailed in the Specification Sheet when the Specification Sheet is submitted and within 7 days of an invoice from us any additional sums which are agreed between us and you for the provision of the Specified Service or which, in the Supplier’s sole discretion, are required as a result of your instructions or lack of instructions, the inaccuracy of any material provided by you or any other cause attributable to you.
- All charges quoted to you for the provision of the Specified Service are exclusive of any Value Added Tax, for which you shall be additionally liable at the applicable rate from time to time.
- If payment of any additional charges is not made on the due date, we shall be entitled, without limiting any other rights it may have, to charge interest on the outstanding amount (both before and after any judgment) at the rate of 4% above the base rate from time to time of Barclays Bank plc from the due date until the outstanding amount is paid in full.
Section B — General Terms Apply to the Supply of Goods
- These Conditions constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except in Writing between the parties. All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
- A notice required or permitted to be given by either party to the other under these Terms shall be in Writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
- No failure or delay by either party in exercising any of its rights under the Contract shall be deemed to be a waiver of that right, and no waiver by either party of any breach of the Contract by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
- If any provision of these Terms is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected.
- English law shall apply to the Contract, and the parties agree to submit to the non exclusive jurisdiction of the English courts.
- Except for our affiliates, directors, employees or representatives, a person who is not a party to the contract or agreement subject to these Terms and Conditions has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of such contract or agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
- We shall have no liability to you for any failure to deliver Goods or any delay in doing so or for any damage or defect to the Goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
- Barker & Barker is providing this site on an ‘as is’ basis and makes no representations or warranties of any kind with respect to this site or its contents and disclaims all such representations and warranties. In addition, Barker & Barker makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in this site. The information contained in this site may contain technical inaccuracies or typographical errors. All liability of Barker & Barker howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
- Neither Barker & Barker nor any of its directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
- Notwithstanding the foregoing, none of the exclusions and limitations in the clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded nor in any way to exclude or limit Barker & Barker liability to you for death or personal injury resulting from our negligence or that of our employees or agents.