Terms and Conditions
Welcome to the http://www.barkers.co.uk/ website terms and conditions of use. These terms and conditions apply to the use of this Website and by accessing this Website. If you do not agree to be bound by these terms and conditions you may not use or access this Website.
If you have any questions relating to these terms and conditions please contact our Customer Service Team by calling us on 01609 772303 Monday to Saturday between 9am and 5.30pm or by emailing firstname.lastname@example.org
http://www.barkers.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 browsing 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.
Use of the Website
You are provided with access to this Website in accordance with these Conditions. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
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.
We reserve the right to:
• Modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
• Change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
Third Party Links
To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
Purchases may be made over the Telephone. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your purchase 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 our Website.
The technical steps required to create the contract between you and us are as follows:
• You may place the order for your products by telephone by contacting 01609 772303. Our customer service team will take all necessary details required to process the order. All products shown on our website are subject to availability, while stocks last.
• All products are expected to be delivered within 3-5 business days.
• Order acceptance and the completion of the contract between you and us will take place on the dispatch 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 the instructions in Changing or Cancelling an Order. Non-acceptance of an order may result in one of the following:
• The product you ordered being unavailable from stock.
• Our inability to obtain authorisation for your payment.
• You not meeting the eligibility to order criteria set out in the main Terms and Conditions.
All prices are inclusive of UK payable VAT. Barkers is VAT Registered No. 257500370.
Please note that Barkers are unable to deliver outside of the UK. Barkers will deliver to most postal areas in the UK, but we are sorry that geographical location and carrier availability can restrict our service. Delivery of certain products to the Channel Islands, Isles of Scilly and the Isle of Man may not always be possible. Unfortunately, we do not deliver to the Republic of Ireland.
Please note we do not deliver on Saturdays or English Bank Holidays and we cannot deliver at specific times of day.
To protect our customers from fraudulent credit card use, all orders are subject to security screening and if irregularities are found, the order may not be processed.
If there is no one at home, the carrier will leave a card with details of where the delivery is or how a new delivery may be arranged.
Barkers will accept orders from credit/debit card holders for delivery to an alternative address from the cardholder's address.
Delivery within 3-5 working days between 9am and 5pm Monday to Friday. Please contact us for delivery charges should you wish to purchase a product via mail order.
Barkers Gift Cards and Promotional Discounts
1. Barkers gift cards can be used as either full or part payment for goods in both Barkers stores but may not be used online.
2. Gift cards may not be exchanged for cash.
Coupons, discounts and promotional discount codes offered by Barkers Northallerton Ltd are valid in-store only, and do not apply to telephone orders, unless otherwise stated.
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.
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, and 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 Order 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:
• Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings);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.
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.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
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.
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 Barkers 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.
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.
The registered company address of Barkers (Northallerton) Ltd is 198-202 High Street, Northallerton, North Yorkshire, DL7 8LP. – Telephone: 01609 772303. Please contact us for a copy of our Terms and Conditions.