Terms and Conditions
These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not use or access this Website. It assists us in providing the best possible service to you for our respective commitments and responsibilities to one another to be clearly defined at the point of sale. These commitments are set out below and we request that you read them.
DEFINITIONS
"Conditions" means these terms and conditions; "Product" means a product displayed for sale on the website; "Product Description" means that part of the website where certain terms and conditions in respect of the individual product are provided; "Users" means the users of the website collectively; "Personal Information" means the details provided by you on registration; "We/us" means Barker and Stonehouse; "Website" means the website located at www.barkerandstonehouse.co.uk or any subsequent URL which may replace it; "Cookies" means small text files which our website places on your computer's hard drive to store information about your shopping session and to identify your computer; "United Kingdom" means England, Wales, Scotland, Northern Ireland and the Channel Islands and "You" means a user of this website.
GENERAL
INTELLECTUAL PROPERTY AND RIGHT TO USE
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors. You acknowledge and agree that the material and content contained within the website is made available for your personal non-commercial use only and that you may (if necessary to make a purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
ORDERS
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 the website.
The contents of contract (order) will be stored. For safety reasons your orders data is not available via the internet. Barker and Stonehouse Ltd keep this data in confidence according to our Privacy Policy.
COMPLIANCE WITH LAWS
The website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the website and any transactions conducted on or through the website.
LIMITATION OF LIABILITY
While we will use reasonable endeavours to verify the accuracy of any information we place on the website, we make no warranties, whether express or implied in relation to its accuracy. The website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the website, or any transaction that may be conducted on or through the website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade. We make no warranty that the website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website. To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products. This does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights. We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the conditions for:
SEVERANCE
If any part of the conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the conditions and shall not affect the validity and enforceability of any of the remaining provisions of the conditions.
• Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any loss of goodwill or reputation; or
• Any special or indirect losses, suffered or incurred by that party arising out of or in connection with the provisions of any matter under the conditions.
Nothing in the conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
WAIVER
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
SURVIVAL
Each provision of the conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
ENTIRE AGREEMENT
These conditions govern our relationship with you. Any changes to these conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Barker and Stonehouse and you are expected to do. You confirm that, in agreeing to accept the conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these conditions and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these terms and conditions. Nothing in this clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the conditions.
LAW
The conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
CONTACT BARKER AND STONEHOUSE
Barker and Stonehouse
Haydock Park Road
Teesside Retail Park
Stockton on Tees
TS17 7BG
Purchase of Products
BEFORE DELIVERY
It is your responsibility to advise us at the time of ordering your furniture online of difficulties that may be encountered when delivering to your property, ensuring this information is documented in our online checkout process or in writing to [email protected] quoting your order number and billing post code. Safe access to the room of choice must also be considered ensuring the route is clear. Any costs incurred effecting delivery will not be the responsibility of Barker and Stonehouse i.e. door or window removal etc. Barker and Stonehouse Ltd are only responsible for delivery to your front door.
We always give delivery and lead times in good faith but cannot be held responsible for any direct or indirect loss due to any reasonable delay or delays due to unforeseen circumstances outside of our reasonable control.
If for any reason a piece of furniture cannot be delivered due to access problems, or delivery appointments missed, it will remain the property of the customer, any further attempts to deliver by Barker and Stonehouse will incur a delivery charge.
Once your items are ready for delivery, we can hold on to them for up to 4 weeks if requested. Your delivery must be scheduled within this time.
POST DELIVERY (GUARANTEE)
We guarantee all goods for two years. This guarantee does not cover any defect, fault or damage which arises through general wear and tear or misuse (misuse includes any failure to care for the goods in accordance with any care advice we give you or is made available on www.barkerandstonehouse.co.uk). Notification of any defect needs to be made to either the store of purchase or our dedicated service department 0333 010 2353 as soon as practicable. This guarantee applies to domestic purchases in Mainland U.K. only. Please note this guarantee does not affect your statutory rights.
We require you to inspect your goods purchased through our website thoroughly upon delivery and sign a despatch note to confirm goods have been received and the furniture, and your property, have been left in good condition. Should a defect or fault be apparent with your furniture you should make a note of the problem on the despatch note or notify us in writing as soon as practicable. If the defect is covered by our guarantee the goods will be repaired by us or alternatively, at our option, we will provide replacements.
If you notify us within the two year guarantee period of any defect or fault which your goods have developed, provided that our inspection confirms that the defect or fault is covered by our guarantee, we will take such measures as may be necessary to rectify the problem to your reasonable satisfaction.
If, after supplying replacement goods on one occasion, we cannot satisfy your requirements due to faulty items, we reserve the right to uplift the faulty goods, refund any monies due and consider the order cancelled.
If for any reason goods are not paid for in full prior to delivery the goods remain the property of Barker and Stonehouse Ltd until fully paid.
ORDERS
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 the website.
The contents of contract (order) will be stored. For safety reasons your orders data is not available via the internet. Barker and Stonehouse Ltd keep this data in confidence according to our Privacy Policy.
CONTRACT CREATION AND ELECTRONIC CONTRACTING
The technical steps required to create the contract between you and us are as follows:
Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the products ordered, unless we have notified you that we do not accept your order or you have cancelled it in accordance with our terms & conditions.
Non-acceptance of an order may be a result of one of the following reasons:
DESCRIPTION OF PRODUCTS
Each product purchased online is sold subject to its product description which sets out additional specific conditions related to that product including, without limitation, terms and conditions concerning estimated delivery times and after-sales service. We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct at the time when the relevant information was entered onto the system. Images are for illustration purposes only.
PAYMENT
All of our online product prices are inclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto the system. The total cost of your order is the price of the products ordered plus delivery charges as set out in the delivery section of this website. Payment can be made by any of the methods specified in the payment section of this website and payment will be debited and cleared from your account upon order. All goods purchased from our website must be paid for in full before delivery. You confirm that the credit or debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.
REFUSAL OF TRANSACTION
We reserve the right to withdraw any products from this website at any time and/or remove or edit any materials or content on this website. 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 our withdrawing any product from this website whether or not that product has been sold; removing or editing any materials or content on the website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
To be eligible to purchase products on this website and lawfully enter into and form contracts on this website under English law you must:
By making an offer to buy a product, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your debit or credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
INDEMNITY
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
WEBSITE CONTENT
Sometimes we may need to update our Website and remove or edit parts of its content. This can happen on any page. While we aim to ensure all content on this Website is accurate and up to date, we can not be responsible for any errors, omissions or results of inaccuracy.
The Waste Electrical or Electronic Equipment (WEEE)
WEEE
You can now recycle your old electricals with us. If you’re buying a new electrical item, we will recycle your old one for free
WHY RECYCLE?
Unwanted electrical equipment is the UKs fastest growing type of waste.
Many electrical items can be repaired or recycled, saving natural resources and the environment. If you do not recycle, electrical equipment will end up in landfill where hazardous substances will leak out and cause soil and water contamination – harming wildlife and also human health.
WE CAN HELP
We are pleased to offer our customers the chance to recycle their old electrical items.
Simply hand your unwanted items to a member of staff, at your nearest store. Alternatively you can post back, at your expense, to Barker and Stonehouse, Romaldkirk Rd, Middlesbrough, TS2 1XA. Please attach your sales invoice order number of the similar item purchased.
To remind you that old electrical equipment can be recycled, it is now marked with a crossed-out wheeled bin symbol. Please do not throw any electrical equipment (including those marked with the crossed out wheeled bin symbol) in your bin.
WHAT IS WEEE?
The Waste Electrical or Electronic Equipment (WEEE) Directive requires countries to maximise separate collection and environmentally friendly processing of these items. In the UK, distributors (including retailers) must provide a system which allows all customers buying new electrical equipment the opportunity to recycle their old items free of charge. Those establishing their own take-back scheme must as a minimum offer all customers buying new electrical equipment free take back of their old electricals on a like-for-like basis.
Find more information on WEEE recycling, and locate your local recycling centre, at www.recyclenow.com
Pricing Policy
In terms of our current product pricing and promotions, please note:
Social & Giveaways
SHARING YOUR PHOTOGRAPHY AND CONTENT
We love seeing the creative ways our customers style our range of products, and we know you do too!
If you share content featuring a Barker and Stonehouse product, we may get in touch asking if we can promote it via our platforms.
By allowing us to share your content, you agree to the following terms and conditions:
We look forward to seeing more inspirational home content from you in the future!
GIVEAWAYS AND COMPETITIONS
The prize is as stated and no part of it can be sold or exchanged for cash, goods or services. The prize is not transferable. Only one entry per person. No purchase necessary and no proof of purchase required. Open to UK residents aged 18 and over (excluding employees and relatives of employees of Barker and Stonehouse and any associated agencies or partners). The promoters reserve the right to extend, amend or withdraw the giveaway (or any part of it) without prior notice or compensation, where this is due to circumstances beyond their control.