Terms & Conditions
The following outlines the terms and conditions for purchases from’ E. Barker & Son (Hillsboro’) Limited, trading as Barkers Furniture
By using our web site and/or placing an order you agree to be bound by the terms and conditions illustrated below.
Definitions
1.1 “Buyer” means the customer who places an order agreeing to purchase products from the seller.
1.2 “Seller” means ‘E. Barker & Son (Hillsboro’) Limited
1.3 “Regulations” ref to The Consumer Protection (Distant Selling) Regulations 2000 (“The buyers right to cancel”)
1.4 “Tailored” means a Product that is non-standard.
1.5 “Sellers Address” is taken to mean the warehouse at 39 Burton St, Hillsborough, Sheffield, S6 2HH
General
2.1 If for any reasons the Seller does not accept the Buyers offer the Seller will advise the Buyers as soon as they are aware of the problem. This will mean there will be no binding contract between the two parties.
2.2 Any clerical error or omission in any sales literature, quotation, price list, acceptance offer, invoice or other document or information issued by the Seller shall be subject to amendment when ascertained without any liability placed on the Seller.
2.3 The Seller will not be obliged to offer compensation for any disappointment made.
2.4 No contract exists between the Buyer and the Seller until the Seller places an order, the Seller sends a confirmation of the order and payment is received by the Seller (in cleared funds). Then a legally binding contract exists.
2.5 Any picture contained with the Sellers web site is merely for guidance and illustration and may not necessarily reflect the size and specification of the product. The Seller endeavours to provide an accurate description of the product, as that is the most reliable depiction of the Goods that the Buyer will see. However, the Seller will not held to be liable for any discrepancies in the description of the Goods.
2.6 Failure or delay by the Seller in enforcing any part of the contract will not been interpreted as a waiver of any of its conditions.
2.7 The Buyer agrees to reimburse the Seller for costs the Seller incurs due to the Buyers instructions or lack of instructions or through any acts on the part of the Buyer, their servants, agents or employees.
Payment
3.1 The Seller requires payment of the Goods in full at the point of order.
Warranties
4.1 The Sellers confirms that the Goods will correspond with their specification at the time of delivery and will be free from any defect in quality and condition for a period of 12 months from delivery, unless otherwise specified and subject to conditions set out below.
4.2 The Seller will not be liable for breach of clause 4.1 of the warranty unless:
4.2.1 Unless the Buyers notifies the Seller in writing of the defect within 7 days of the time the Buyer discovers the defect or ought to have discovered the defect.
4.2.2 The Seller is given reasonable opportunity after receiving the Buyer’s notice of defect to examine the Goods and the Buyer (if asked to do so by the Seller) returns the Goods to the Sellers Address (at the cost of the Seller).
4.3 The Seller shall not be liable under the terms of the warranty under section 4.1:
4.3.1 If the Buyer makes further use of the Goods after giving written notice of the defect to the Seller.
4.3.2 If the defect has arisen from wear and tear, deliberate misuse or failure to follow any care and use guidelines.
4.3.3 If The Buyer repairs or alters the Goods in anyway without written consent from the Seller.
4.3.4 If Buyer has not paid the contract price for the Goods and the Seller has received the payment.
4.4 Subject to clause 4.1, if any products do not conform with any of the warranty, then the Seller will either:
4.4.1 Repair or replace such Goods (or the defective part) free of charge or
4.4.2 Refund the price of such Goods (or a proportionate part of the price) upon receipt of the Goods at the Sellers Address.
4.5 If the Seller complies with Clause 4.4 the Seller shall have no further liability for breach of any warranty in condition 4.1 in respect of such Goods.
Delivery
5.1 The Seller will deliver the Goods to the address given by the Buyer unless otherwise agreed in writing since the order was placed.
5.2 Goods will deem to have been delivered once they have been delivered to the specified address.
5.3 The Seller will not be liable for non-delivery of the product once a signature has been received from the Buyers address. The Seller does not have to satisfy itself that the person accepting delivery at the Buyers address is the Buyer or is acting on instructions from the Buyer.
5.4 Dates and times quoted for delivery are approximate and are not of the essence. The Seller shall not be held accountable for any direct, indirect or consequential loss, costs, damages, charges or expenses caused directly or indirectly by any delay in delivery of the Goods.
5.5 Where a delivery date has been agreed with the Sellers carrier and the Buyer is not present as agreed then the Buyer will be liable for a minimum of £25 of the carriers charge.
5.6 If Goods have been discontinued and a replacement cannot be found the Seller will make the Buyer aware in writing, refund any monies paid and the contract will deem to have been dissolved.
5.7 The quantity or content of any delivery note as recorded by the Seller upon dispatch shall be conclusive evidence of the quantity or content received by the Buyer on delivery unless the Buyer can provide evidence to the contrary.
5.8 Goods may be delivered ahead of the time quoted.
5.9 Deliveries made by national carriers are sometimes delivered by one man and delivered to your front door.
5.10 All deliveries must be signed for. The Seller is unable to deliver to unattended premises.
5.11 The Seller does not accept liability for the Buyer removing or disposing of old beds or mattress prior to delivery. The Seller advises that the Buyer disposes of their old bed or mattress only when the new one has been delivered and not before.
5.12 The Sellers carriers do not assist Buyers by helping them move the Goods into their room of choice but if asked to do so the Seller accepts no liability for damage to property (including fixtures, fitting and building structure). Customers are advised to put a protective sheet on all floor areas.
5.13 If you have a specific delivery requirements prior to delivery of your product then email sales@barkersfurniture.co.uk and inform us in writing.
Risk & Title
7.1 Risk of damage to or loss of the Goods shall pass to the Buyer upon delivery. If the Buyer wrongfully fails to take delivery of the Goods, then the risk of the Goods shall pass to the Buyer at the time when the Seller released the products from their carriers possession at the destination agreed between the Seller and the Buyer.
7.2 Notwithstanding any other provision herein title to the Goods will not pass to the Buyer until the Seller has received payment in full for the Goods and any other monies owed by the Buyer.
7.3 The Buyer may not use or resell the Goods until ownership has passed to them.
7.4 The Buyer grants the Seller permission to access any premises where the Goods are stored at any time to inspect the products, or where title has not passed to the Buyer, to take possession of the Goods, and use reasonable force in doing so.
The Buyers Right of Cancellation
8.1 In accordance with the Regulations the Buyer has the right of cancellation within 7 days except where the Goods are tailored to the customers own specification and/or requirements.
8.2 To implement the Buyers right of cancellation the Buyer must inform the Seller in writing (by email or letter) giving details of the Goods ordered and (where applicable) their location.
8.3 If the Seller has delivered the Goods and the Buyer wants to cancel them then the Buyer must retain the Goods until the Buyer has received acknowledgement of the cancellation from the Seller. The products must not be used. The Buyer is responsible for payment & arrangement of delivery of the Goods to be returned to the Sellers Address. The Buyer must take reasonable care to ensure that the Goods are not damaged after the request to collect the Goods has been made, they are not damaged in transit whilst being returned and they are wrapped in their original packaging. The Buyer will be held accountable by the Seller if Goods are not returned in the state they were when delivered to the Buyer.
Proper Law of Contract
9.1 The Contract shall be governed by the law of England and Wales and any dispute, question or remedy however so arising determined exclusively by the Courts of England and Wales.
Limitation of liability
9.2 The Seller's total liability in Contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the Products.
9.3 Nothing in these conditions excludes or limits the liability of the Seller for death or personal injury caused by the Seller's negligence or fraudulent misrepresentation.
9.4 The Seller shall not be liable to the Buyer for any indirect or consequential loss or damage (whether for the loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
Data Protection
10.1 The Seller will take all reasonable precautions to keep the details of the Buyer's order and payment secure but unless the Seller is negligent, the Seller will not be liable for unauthorised access to information supplied by the Buyer.
Complaints & disputes
11.1 If the Buyer has a complaint about the Goods or service, the Buyer should contact ‘E. Barker & Son (Hillsboro’) Limited, the Seller, by:
11.2 Post- sent to E. Barker & Son (Hillsboro’) Limited, 44 Trickett Road, Hillsborough, Sheffield, S6 2NP
11.3 Electronic e-mail to sales@barkersfurniture.co.uk
11.4 Telephone on 0114 2332222
11.5 The Seller will try to respond in writing to the Buyer's complaint within 14 working days of receiving it.
If you do not agree with our terms and conditions, please do not use the www.barkersfurniture.co.uk website. ’E. Barker & Son (Hillsborough) Limited trading as Barkers Furniture is a company registered in England and Wales, registration number 254789
Registered office:
44 Trickett Road
Hillsborough
Sheffield
S6 2NP