BARROW CLARK LTD GENERAL TERMS AND CONDITIONS
(SEPARATE FLOORING T&C'S ARE BELOW)

Summary Barrow Clark Ltd – Terms & Conditions (T&C’s). To be Read in conjunction with the Full T&C’s which follows.

The invoice must be paid for in full before the delivery of the goods specified. If not, Barrow Clark Ltd reserve the right to refuse to deliver until the goods are paid for in full. Please allow 5 working days for clearance of personal cheques.
In the event of delivery being made before the invoice is paid in full, Barrow Clark Ltd reserve the right to claim interest on unpaid cash balances. The rate of interest shall be 5% over the base lending rate of the National Westminster Bank plc.
Subject to any specific written terms Barrow Clark Ltd will continue to own and reserve the right to repossess any goods under a cash or credit contract, until payment has been received in full and any cheque has been cleared.
Barrow Clark Ltd or the Manufacturer themselves reserves the right to amend a design or specification to maintain value or quality.
We regret that we are unable to give timed deliveries. Delivery dates are given in good faith but are subject to manufacturers supplying the goods, and are beyond the control of the Company. If the proposed delivery date is changed, Barrow Clark Ltd will endeavour to keep you informed of such changes.
When an order is placed a deposit of 30% (sometimes 50% or another agreed amount) of the purchase price is payable before Barrow Clark Ltd will place an order with the manufacturers for the supply of the goods specified. When an order has been so placed Barrow Clark Ltd will not accept any cancellation thereof if the goods supplied are the goods specified on the invoice. The Deposit is non-refundable.
Barrow Clark Ltd reserve the right to make a charge of 10% of the invoice value if arrangements for the delivery of goods is changed, unless 48 hours’ notice is given.

T&C’s are not in a particular order and although have headings to help, should be read as a whole. By placing an order with Barrow Clark in store; or by accessing our website and/or placing an order instore or online, you and anyone accessing the website through your internet connection or paying over the telephone or instore, agree to be bound by these Terms. Please don’t use our website or proceed with an instore/phone purchase if you disagree with them but if you have any questions then contact sales@barrowclark.com or speak to a member of staff first. To view the Privacy Policy see http://www.barrowclark.com/Privacy-Policy. If you cannot access this Policy contact the Barnstaple showroom.

Descriptions of Goods - All prices are inclusive of any VAT unless stated or agreed due to exemption or trade purposes. Our Goods are sold subject to its description and any special terms applicable to that particular item of Goods. All images in Store and on the Website are for illustrative purposes only and the Goods may vary from those images. We take care to ensure that all details, description and prices of Goods appearing are correct except that, the measurements of all Goods are approximate. Please be aware that product finishes may have variances such as wood grain, leather markings, fabric dye, size and feel, colour variations and so on, and these are completely normal and are to be expected. Many products are handmade, hand stained; hand finished and variations are normal characteristics of the products and are not a fault. Although we aim to keep all resources as up to date as possible, the details, description and price of the Goods appearing at a particular time may not always reflect the accurate position when you place an order and we cannot confirm the price until we accept your order and provided confirmation. If Goods are collected from Us, Goods must be inspected before leaving our property to ensure You are happy of their condition & function. We cannot be held liable for any damage or faults to Goods collected other than for proven Manufacturing faults. Shop Floor items are sold on the condition they are presented, and You must satisfy yourself you are happy to accept the goods in the condition presented.

Care & Maintenance – It is Your customer responsibility to ensure you have asked any specific advice on cleaning and care as well as reading and seeking Manufacture guidelines.

Measurements of Goods - are approximate and given as a guide with a tolerance of up to +/- 10cm. If you have any doubt of sizing, we strongly advise that you speak with a member of our team. It is your responsibility that there is adequate access to Your premises for Us to provide delivery of the Goods ordered if the item you have purchased is eligible for us to deliver inside your property. The Goods’ ordered will need to freely pass through into the room of Your choice, if You are in any doubt please contact us to arrange a site visit by Our representative before Ordering the Goods. Goods ordered and that are eligible for room delivery are not returnable due to unsuitable access (whether for health and safety reasons for not being able to deliver the item(s) or by unpassable/inaccessible means). Goods not being able to be delivered to the room of your choice will be delivered to the threshold of your property or the easiest and most sensible location of the delivery address (e.g. an on postcode location garage or spare room).

Delivery (which includes any Assembly) - Delivery charges may be payable and the amount will depend on the location of the delivery address, which will be confirmed before the order is fully confirmed. Delivery will be made to the main entrance of this address which must be the same address as the cardholder’s address if paid by credit or debit card. Special circumstances and delivery options are always available and these will need to be discussed and agreed by all parties before confirmation of the order is given. We will not be liable in any way for loss, damage or any unforeseen potential issues arising if the original delivery details provided are subsequently changed. Most furniture items may be available for local collection from our warehouse in Barnstaple. Prior discussions and agreements will be made at point of checkout to identify if you wish for this collection option. Once the furniture is with us, at the discretion of Barrow Clark you will be contacted to organise your collection visit at a time that is suitable for both you and our warehouse. Please note that if local collection is chosen and then this decision is changed, delivery charges may apply as they have not been factored in at your basket checkout summary total. If Goods are collected from Us, Goods must be inspected before leaving our property to ensure You are happy with their condition & function. We cannot be held liable for any damage or faults to Goods collected other than for proven Manufacturing faults. Shop Floor items are sold on the condition they are presented in and You must satisfy yourself you are happy to accept the goods in the condition presented. As well as our own Delivery Team, We reserve the right to use third party delivery partners. By agreeing to purchase an item through our website, over the phone or in store, You agree to give Us permission to pass on your contact details to our delivery partners to complete the delivery of Your order. We cannot be held responsible for any damage caused by any third party delivery partner to your property. We cannot be held responsible for any security breach of Your contact details from third party partners. When we use third party delivery partners, we use partners of good reputation and experience who have their own insurance and liability. We will try and deliver the Goods within 28 days of them being available for delivery and to deliver in the agreed time slot (am or pm). The time of delivery can never be guaranteed and for the avoidance of doubt we shall not be liable for any loss or damage suffered by You arising due to delay in delivery or non-delivery of the Goods. If our delivery staff or partner consider the means of access is unsafe We will not deliver the Goods until they are satisfied that access is safe. We are not responsible if doors or windows need to be removed or there are any additional costs of delivery. It is Your responsibility to ensure that We have safe and reasonable access to Your property and, if relevant, the room of your choice. Failure for us to be able to gain easy, safe and reasonable access to the property or to the room of choice, where relevant, with your purchased item will mean We will leave the item on or near Your property and leave this item now in your care to make alternative arrangements as our contract will be fulfilled (e.g. A Mattress not fitting upstairs is Your responsibility and if it will not fit upstairs We will leave your Mattress at a suitable place at the delivery address or at entrance to the property). Goods and Services will not be returned or refunded due to lack of access. It is Your responsibility to clear any obstructions, potential hazards, personal possessions and provide suitable floor protection which will not be hazardous to the delivery/ measuring team. You must provide any required parking permits in advance and shall indemnify us for any parking costs or fines incurred whilst unloading the Goods at the delivery address. It is Your responsibility to keep animals, pets, or children safely away from the delivery/measuring team for mutual health and safety reasons. If the delivery address details are incorrect you must notify us within 3 working days of the date of the Order Confirmation. Please note that We deliver Goods only to specified regions within mainland England and Wales. If the corrected address is not within these regions we may terminate the contract and shall not be liable to you for any direct or indirect losses arising out of termination of the contract. If we are invited to place the Goods in position in the delivery address We will do so as a your invitee and save where damage results from our negligence We will not be liable for any damage to your property or that of others occurring in the course of delivery of the Goods to you. We cannot be held responsible for any damage caused by us on delivery which is unavoidable due to your instructions of delivery e.g. taking a large wardrobe up a difficult access staircase which could result in damage to your property due to the access. You (or your adult representative) must inspect all Goods on delivery and inform the Delivery Team of any issues before their Departure. Usually, but not always, You will be required to sign a delivery note to confirm the delivery and inspection of the Goods. Refusal to sign may be treated as refusal to take delivery of the Goods being delivered. Any faults (other than proven Manufacturing faults) not reported on Delivery, We cannot be held liable for as the Goods have been accepted By you. We may deliver the Goods by separate instalments and will notify You on delivery of the first instalment that a further instalment is required. If You are unable, for whatever reason to take delivery of the Goods on the agreed delivery date for any reason, there might be extra costs payable in advance of any further attempted deliveries. We will store your Goods free of charge for a maximum of 28 days from the Goods being available for delivery or from our first attempt at delivery (whichever is the latest), but thereafter reserve the right to charge you a fee until delivery. Barrow Clark Ltd reserve the right to make a charge of 10% of the invoice value if arrangements for the delivery or fitting of goods is changed, unless 3 working days’ notice is given. We regret that we are unable to give timed deliveries. Delivery dates are given in good faith but are subject to manufacturers supplying the goods, and are beyond the control of the Company. In the unlikely event that Barrow Clark and/or appointed Couriers are unable to fulfil delivery or installation of furniture or a service, due to an unforeseen error, act, or event (or events), resulting in the obligations under the contract being different from those contemplated by the parties to the Contract, Barrow Clark reserve the right to cancel or amend the original Contract in a means that is fair and appropriate. Barrow Clark will seek to recover any costs of the Contract including work completed, with the customer to remedy the discovered problem at the customers cost, with no breach of Contract by Barrow Clark. Barrow Clark will not be liable for the costs of additional work unforeseen at the point of original Contract and the original Contract will be completed when possible and if agreed by Barrow Clark with possible additional charges for further site visits being required.

Termination of the Order - We may terminate an order placed by you for Goods if: the Goods are discontinued or unavailable from stock; or we are unable to obtain authorisation from your bank or credit card company for payment of the Deposit for the Goods or any other sums under these Terms; or We identify a pricing error.

Cancellation of Orders by You prior to Receipt of the Goods. Bespoke Goods - If you change your mind we may only accept notice of cancellations of orders for Bespoke Goods if you notify us in writing before the earlier of 3 working days from the Order Confirmation or confirmation that Bespoke Goods are available for delivery and we’re able to cancel the order with Our suppliers without incurring a fee exceeding the Deposit You paid. If we accept your notice without incurring any fees with our suppliers we will hold your deposit in full credit to be spent around the store by the end of the financial year ending January. If fees are incurred, a partial credit will apply. Credit is not transferable to other people. If your order is placed online and as previously stated we can cancel without incurring any fees with our suppliers we will hold your deposit in full credit to be spent around the store or online by the end of the financial year ending January. Express Goods - If you change your mind on an online purchase, we’ll accept notice of cancellation of an order for Express Goods prior to you receiving them if you notify us in writing and you will be entitled to receive a full refund of any payment you made which we’ll make within 14 days of notifying us of your cancellation in writing only if the Express Goods have not left for delivery or beyond cancellation. In-store orders of any kind will not be refunded and a store credit will be issued which is not transferable and must be spent by the end of the financial year ending January. Bespoke Goods - If you change your mind we will not accept any notice of cancellation of orders for Bespoke Goods. Express Goods - In-store orders of any kind will not be refunded and a store credit will be issued which is not transferable and must be spent by the end of the financial year ending January.

Goods that You Did Not Order, Defective Goods & Warranty - Without prejudice to Your rights as a consumer under the CRA, such other applicable consumer legislation from time to time or Our warranty below, if the Goods are damaged or defective, then You must inspect them upon receipt and sign for them designating their condition as such. Complaints - In the event that You have a complaint then please write to the Store Manager at 12 Bear Street Barnstaple EX32 7BU and We shall attend with Your complaint in line with Our complaints procedure.

Full Barrow Clark Ltd – Terms & Conditions (T&C’s), to be read in conjunction with Summary Barrow Clark Ltd T&C’s above.

These T&C’s govern your purchase of goods in store and online so please read them carefully alongside the Summary Barrow Clark LTD – Terms & Conditions, as they affect your legal rights and can vary between online and instore. T&C’s are not in a particular order and although have headings to help, should be read as a whole. By placing an order with Barrow Clark in store; or by accessing our website and/or placing an order instore or online, you and anyone accessing the website through your internet connection or paying over the telephone or instore, agree to be bound by these Terms. Please don’t use our website or proceed with an instore/phone purchase if you disagree with them but if you have any questions then contact sales@barrowclark.com or speak to a member of staff first. You should be aware of our Privacy Policy and important information about our use of cookies. By using the Barrow Clark Website You consent to the terms of Our Privacy Policy and Our use of Cookies. To view the full Barrow Clark Customer Privacy Policy; please follow the following online link: http://www.barrowclark.com/Privacy-Policy. If you cannot access this Policy online for any reason and would like to view, please contact the Barnstaple showroom for further information.

The invoice must be paid for in full before the delivery of the goods specified. If not, Barrow Clark Ltd reserve the right to refuse to deliver until the goods are paid for in full. Please allow 5 working days for clearance of personal cheques. In the event of delivery being made before the invoice is paid in full, Barrow Clark Ltd reserve the right to claim interest on unpaid cash balances. The rate of interest shall be 5% over the base lending rate of the National Westminster Bank plc. Subject to any specific written terms Barrow Clark Ltd will continue to own and reserve the right to repossess any goods under a cash or credit contract, until payment has been received in full and any cheque has been cleared. Barrow Clark Ltd or the Manufacturer themselves reserves the right to amend a design or specification to maintain value or quality. We regret that we are unable to give timed deliveries. Delivery dates are given in good faith but are subject to manufacturers supplying the goods, and are beyond the control of the Company. If the proposed delivery date is changes, Barrow Clark Ltd will endeavour to keep you informed of such changes. When an In Store order is placed a deposit of 30% (sometimes 50% or an agreed amount) of the purchase price is payable before Barrow Clark Ltd will place an order with the manufacturers for the supply of the goods specified. When an order has been so placed Barrow Clark Ltd will not accept any cancellation thereof if the goods supplied are the goods specified on the invoice. The Deposit is non-refundable. Barrow Clark Ltd reserve the right to make a charge of 10% of the invoice value if arrangements for the delivery of goods is changed, unless 48 hours’ notice is given.

The Sale of Goods - Please make sure that you understand these T&C’s before ordering Goods instore and from the website and note that we may revise T&C’s from time to time. By ordering any Goods, You agree to be bound by these T&C’s and other documents expressly referred to in them at that time.

Descriptions of Goods - All prices are inclusive of any VAT. Our Goods are sold subject to its description and any Special Terms applicable to that particular item of Goods. All images instore and on the Website are for illustrative purposes only and the Goods may vary from those images. We take care to ensure that all details, description and prices of Goods appearing are correct except that, the measurements of all Goods are approximate. Please be aware that product finishes may have variances such as wood grain, leather markings, fabric dye, size and feel, colour variations and so on, and these are completely normal and are to be expected. Many products are handmade, hand stained; hand finished and variations are normal characteristics of the products and are not a fault.

Care & Maintenance – It is Your customer responsibility to ensure you have asked any specific advice on cleaning and care as well as reading and seeking Manufacture guidelines. All products and services are sold in good faith and are expected to be used by You for their intended purpose and not misused e.g. Using a domestic armchair in a commercial setting is an example of misuse. Although we aim to keep all resources as up to date as possible, the details, description and price of the Goods appearing at a particular time may not always reflect the accurate position when you place an order and we can’t confirm the price until we accept your order and provided confirmation. If Goods are collected from Us, Goods must be inspected before leaving our property to ensure You are happy of their condition & function. We cannot be held liable for any damage or faults to Goods collected other than for proven Manufacturing faults. Shop Floor items are sold on the condition they are presented in and You must satisfy yourself you are happy to accept the goods in the condition presented.

Measurements of Goods - are approximate and given as a guide with a tolerance of up to +/- 10cm. If you have any doubt of sizing, we strongly advise that you speak with a member of our team. It is your responsibility that there is adequate access to Your premises for Us to provide delivery of the Goods ordered if the item you have purchased is eligible for us to deliver inside your property. The Goods’ ordered will need to freely pass through into the room of Your choice, if You are in any doubt please contact us to arrange a site visit by Our representative before Ordering the Goods and on Our Website. Goods ordered and that are eligible for room delivery are not returnable due to unsuitable access (whether for health and safety reasons for not being able to deliver the item(s) or by unpassable/inaccessible means). Goods not being able to be delivered to the room of your choice will be delivered to the threshold of your property or the easiest and most sensible location of the delivery address (e.g. an on postcode location garage or spare room).

Orders for Goods - A contract for the sale of Goods by Us to You forms as follows: You make an offer for the Goods instore or by pressing the confirm button at the end of the order process online. When an order is placed instore a deposit of 30% of the purchase price is payable before Barrow Clark Ltd will place an order with the manufacturers for the supply of the goods specified. When an order is placed online the total price of the ordered Goods in addition any calculated delivery charges that will apply to this order, previously outlined. Authority for full payment or outlined deposit requirements must be given when You place Your order.

We will provide or send you an automated order acknowledgment confirming the details but please note that regarding online orders, we have not accepted your order just yet. All Goods shown on our Website are subject to availability but we will inform you and confirm as soon as possible if the Goods that you ordered are unavailable; We will accept your order online by sending you an email (the ‘Confirmation’) at which point a contract is formed; When the Goods become available both for instore and online orders, we will contact you to arrange delivery of the Goods and to take payment of the outstanding balance due to Us if applicable. Any balance can be settled by cash (only accepted in store), Switch/Maestro, Solo, Visa Debit, Visa Electron, Visa or Mastercard or direct credit to our bank (see the order acknowledgement for bank account details). Any outstanding payments not covered by a credit agreement must be received by Us in full prior to dispatch of the Goods. Goods will not be delivered until We receive full cleared payment. Any Finance Payment options (if applicable) for an order will be discussed and agreed before goods are ordered. All goods and services remain the full property of Barrow Clark Furnishers Limited until completion of the contract. We will take reasonable care to keep details of your order secure (please note we do not store any payment details provided to us), but in the absence of our negligence we can’t be held liable for your losses if a third party gains unauthorised access to any data you provided.

There are a lot of things instore and on the website and some of them may be incorrectly priced. If we find the price of the Goods you ordered are wrong we will inform you and give you the option of continuing to purchase them at the correct price or cancelling your order. We will not process your order without your instructions and if we can’t get hold of you we will notify you the order is treated as cancelled. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Goods to you at the incorrect (lower) price.

Delivery (which includes any Assembly) - Delivery charges may be payable and the amount will depend on the location of the delivery address, which will be confirmed before the order is fully confirmed. Delivery will be made to the main entrance of this address which must be the same address as the cardholder’s address if paid by credit or debit card. Special circumstances and delivery options are always available and these will need to be discussed and agreed by all parties before confirmation of the order is given. We will not be liable in any way for loss, damage or any unforeseen potential issues arising if the original delivery details provided are subsequently changed. Most furniture items may be available for local collection from our warehouse in Barnstaple. Prior discussions and agreements will be made at point of checkout to identify if you wish for this collection option. Once the furniture is with us, at the discretion of Barrow Clark you will be contacted to organise your collection visit at a time that is suitable for both you and our warehouse. Please note that if local collection is chosen and then this decision is changed, delivery charges may apply as they have not been factored in at your basket checkout summary total. If Goods are collected from Us, Goods must be inspected before leaving our property to ensure You are happy with their condition & function. We cannot be held liable for any damage or faults to Goods collected other than for proven Manufacturing faults. Shop Floor items are sold on the condition they are presented in and You must satisfy yourself you are happy to accept the goods in the condition presented. As well as our own Delivery Team, We reserve the right to use third party delivery partners. By agreeing to purchase an item through our website, over the phone or in store, You agree to give Us permission to pass on your contact details to our delivery partners to complete the delivery of Your order. We cannot be held responsible for any damage caused by any third party delivery partner to your property. We cannot be held responsible for any security breach of Your contact details from third party partners. When we use third party delivery partners, we use partners of good reputation and experience who have their own insurance and liability. We will try and deliver the Goods within 28 days of them being available for delivery and to deliver in the agreed time slot (am or pm). The time of delivery can never be guaranteed and for the avoidance of doubt we shall not be liable for any loss or damage suffered by You arising due to delay in delivery or non-delivery of the Goods. If our delivery staff or partner consider the means of access is unsafe We will not deliver the Goods until they are satisfied that access is safe. We are not responsible if doors or windows need to be removed or there are any additional costs of delivery. It is Your responsibility to ensure that We have safe and reasonable access to Your property and, if relevant, the room of your choice. Failure for us to be able to gain easy, safe and reasonable access to the property or to the room of choice, where relevant, with your purchased item will mean We will leave the item on or near Your property and leave this item now in your care to make alternative arrangements as our contract will be fulfilled (e.g. A Mattress not fitting upstairs is Your responsibility and if it will not fit upstairs We will leave your Mattress at a suitable place at the delivery address or at entrance to the property). Goods and Services will not be returned or refunded due to lack of access. It is Your responsibility to clear any obstructions, potential hazards and personal possessions before our delivery/measuring team arrives. You must provide any required parking permits in advance and shall indemnify us for any parking costs or fines incurred whilst unloading the Goods at the delivery address. It is Your responsibility to keep animals, pets, or children safely away from delivery/measuring team for mutual health and safety reasons. If the delivery address details are incorrect you must notify us within 3 working days of the date of the Order Confirmation. Please note that We deliver Goods only to specified regions within mainland England and Wales. If the corrected address is not within these regions we may terminate the contract and shall not be liable to you for any direct or indirect losses arising out of termination of the contract. If we are invited to place the Goods in position in the delivery address We will do so as your invitee and save where damage results from our negligence We will not be liable for any damage to your property or that of others occurring in the course of delivery of the Goods to you. You (or your adult representative) must inspect all Goods on delivery and inform the Delivery Team of any issues before their Departure. Usually, but not always, You will be required to sign a delivery note to confirm the delivery and inspection of the Goods. Refusal to sign may be treated as refusal to take delivery of the Goods being delivered. Any faults (other than proven Manufacturing faults) not reported on Delivery, We cannot be held liable for as the Goods have been accepted By you. We may deliver the Goods by separate instalments and will notify You on delivery of the first instalment that a further instalment is required. If You are unable to take delivery of the Goods on the agreed delivery date for any reason, there might be extra costs payable in advance of any further attempted deliveries. We will store your Goods free of charge for a maximum of 28 days from the Goods being available for delivery or from our first attempt at delivery (whichever is the latest), but thereafter reserve the right to charge you a fee until delivery. Barrow Clark Ltd reserve the right to make a charge of 10% of the invoice value if arrangements for the delivery or fitting of goods is changed unless 3 working days’ notice is given.

We regret that we are unable to give timed deliveries. Delivery dates are given in good faith but are subject to manufacturers supplying the goods, and are beyond the control of the Company. If proposed delivery dates are changed, Barrow Clark Ltd will keep you informed of such changes. In the event of delivery being made before the invoice is paid in full, Barrow Clark Ltd reserve the right to claim interest on unpaid cash balances. The rate of interest shall be 5% over the base lending rate of the National Westminster Bank plc. Subject to any written terms Barrow Clark Ltd will continue to own and reserve the right to repossess any goods under a cash or credit contract, until payment has been received in full and any cheque has been cleared. In the unlikely event that Barrow Clark and/or appointed Couriers are unable to fulfil delivery or installation of furniture or a service, due to an unforeseen error, act, or event (or events), resulting in the obligations under the contract being different from those contemplated by the parties to the Contract, Barrow Clark reserve the right to cancel or amend the original Contract in a means that is fair and appropriate. Barrow Clark will seek to recover any costs of the Contract including work completed, with the customer to remedy the discovered problem at the customers cost, with no breach of Contract by Barrow Clark. Barrow Clark will not be liable for the costs of additional work unforeseen at the point of original Contract and the original Contract will be completed when possible and if agreed by Barrow Clark with possible additional charges for further site visits being required.

Cancellation of Orders by You prior to Receipt of the Goods

Bespoke Goods - If you change your mind we may only accept notice of cancellations of orders for Bespoke Goods if you notify us in writing before the earlier of 3 working days from the Order Confirmation or confirmation that Bespoke Goods are available for delivery and we’re able to cancel the order with Our suppliers without incurring a fee exceeding the Deposit You paid. If we accept your notice without incurring any fees with our suppliers we will hold your deposit in full credit to be spent around the store by the end of the financial year ending January. If fees are incurred, a partial credit will apply. Credit is not transferable to other people. If your order is placed online and as previously stated we can cancel without incurring any fees with our suppliers we will hold your deposit in full credit to be spent around the store or online by the end of the financial year ending January.

Express Goods - If you change your mind on an online purchase, we’ll accept notice of cancellation of an order for Express Goods prior to you receiving them if you notify us in writing and you will be entitled to receive a full refund of any payment you made which we’ll make within 14 days of notifying us of your cancellation in writing only if the Express Goods have not left for delivery or beyond cancellation. In-store orders of any kind will not be refunded and a store credit will be issued which is not transferable and must be spent by the end of the financial year ending January. It will be Your responsibility and cost to organise safe return of any items to Us, unused and unopened. Eligible refunds will not be given until returned items are inspected and checked for refund eligibility. If items are not eligible for a refund but have been returned to Barrow Clark, We will charge to re-send these items back to You if collection is not an option for You.

Cancellation of Contracts by You following Receipt of the Goods (note there are differences between online and instore purchases)

Bespoke Goods - If you change your mind we will not accept any notice of cancellation of orders for Bespoke Goods once you’ve received them.

Express Goods - In-store orders of any kind will not be refunded and a store credit will be issued which is not transferable and must be spent by the end of the financial year ending January.

It will be Your responsibility and cost to organise safe return of any items to Us, unused and unopened. Eligible refunds will not be given until returned items are inspected and checked for refund eligibility. If items are not eligible for a refund but have been returned to Barrow Clark, We will charge to re-send these items back to You if collection is not an option for You.

We hope that you’ll be happy with Your Express Goods but if you want to cancel an online website contract for Express Goods for any reason you have the right to do so within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Express Goods (or if the Express Goods are being delivered in separate lots or pieces, physical possession of the last lot or piece of Express Goods).

To exercise the right to cancel, you must inform Barrow Clark Furnishers Limited at 12 Bear Street, Barnstaple, Devon, EX32 7BU of your decision to cancel this contract by a clear statement by a written letter sent by post. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. If you choose to cancel your Express Goods contract for an online purchase it is Your responsibility to return the goods in the original unopened packaging and at Your expense. We will refund the price of the goods paid (or the current sale price if lower, not higher). If you do make a cancellation you must keep the Express Goods and their packaging (if applicable) in your possession and take good care of them. We will make a deduction from the reimbursement for loss in value of any Express Goods supplied, if the loss is the result of unnecessary handling by you.

We will make the reimbursement without undue delay and not later than: 14 days after the day we receive back from you any Express Goods supplied; or (if earlier) 14 days after the day you provide evidence that you have returned the Express Goods; or if there were no Express Goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract. We will make the reimbursement once you have contacted us using the same means of payment as you used for the initial transaction, as we do not store your payment details, unless you have expressly agreed otherwise for a limited time; in any event you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the Express Goods back or you have supplied evidence of having sent back the Express Goods, whichever is the earliest. You should call our showroom to organise in advance the return of Express Goods to Us at Unit 1 Pilland Way, Pottington Industrial Estate, Barnstaple, EX31 1LR in their original condition in secure packaging without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of this contract to us. The deadline is met if you send back the Express Goods before the period of 14 days has expired. Notice must be given of the day and time of any goods being returned to the Unit 1 Pilland Way address on 01271 323322. Goods cannot be returned without notice.

You are responsible for the direct costs of returning Express Goods to us unless they are defective or it can be shown with evidence that the received goods are not what you have ordered. The general cost is estimated at a maximum of approximately £300. For hygiene reasons mattresses, pillows and duvets cannot be returned once the protective seal has been opened, unless the Express Goods are faulty or not what you ordered. This does not affect your warranty rights. Eligible refunds will not be given until returned items are inspected and checked for refund eligibility. If items are not eligible for a refund but have been returned to Barrow Clark, We will charge to re-send these items back to You if collection is not an option for You.

Pending Our agreement with Your assertion following inspection of the Goods, We shall, to the extent that such direction is not impossible or disproportionate as compared to the other available remedies in accordance with the CRA, comply with Your direction to reject the Goods or request that We repair the Goods or issue a replacement in accordance with the CRA.

Conditions of Our Liability - We’re not liable for any defect in the Goods because of your drawings, designs or specification. We are under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow our instructions, misuse or alteration or repair of the Goods without our approval or if the Goods are not paid for in full. If we can pass a manufacturer’s warranty on to you we will. All warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. We only service goods within the mainland UK and any goods taken or delivered outside of the UK are no longer the responsibility of Us. Except in respect of death or personal injury caused by our negligence, and subject to your statutory rights We will not be liable for any representation (unless fraudulent), implied warranty, condition or other term, or legal duty for losses suffered by you whether indirect, special or consequential arising out of or in connection with the supply of the Goods and our entire liability under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Terms. The risk in the Goods passes to you on delivery of the Goods to You or delivery of the Goods to any carrier acting on your behalf but title to the Goods shall not pass to you until the price of the Goods ordered is received by us in full.

Complaints and ADR - In the event that You have a complaint then please contact the Store Manager at 12 Bear Street Barnstaple EX32 7BU and We shall deal with Your complaint in line with Our complaints procedure. ADR is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If You are not happy with how We have handled any complaint, You may want to contact an ADR provider, with a list of the approved ADR providers accessible via: "http://www.tradingstandards.uk/advice/ADRApprovedBodies.cfm" If you intend to contact an ADR provider please let Us know and We shall inform You whether or not We intend to use that scheme. As a consumer trading with Us online however, You are also entitled to resort to the European Commission’s online dispute resolution procedure which can be accessed via: http://ec.europa.eu/consumers/odr/.

Data Protection - By agreeing to purchase an item through our website, over the phone or in store, You agree to give Us permission to pass on your contact details to our delivery partners to complete the delivery of Your order. You are also giving Us permission to pass on Your details to service agencies and manufacturers with regard to Manufacturing Guaranties and/or Warranties. We do not sell on your details or pass onto agencies or companies for marketing purposes. We look after your information and will pass onto only relevant partners.

Contact & Communication - Customer placing orders at Barrow Clark and Users contacting our website and/or its owners do so at their own discretion and provide any such personal details requested at their own risk. Your personal information is kept private and stored securely until a time it is no longer required or has no use, as detailed in the Barrow Clark Customer Privacy Policy. Every effort has been made to ensure a safe and secure form to email submission process but we advise users using such form to email processes that they do so at their own risk.

Our website and its owners use any information submitted to provide you with further information about the products / services they offer or to assist you in answering any questions or queries you may have submitted. This includes using your details to subscribe you to any email newsletter program the website operates but only if this was made clear to you and your express permission was granted when submitting any form to email process. Or whereby you the consumer have previously purchased from or enquired about purchasing from the company a product or service that the email newsletter relates to. This is by no means an entire list of your user rights in regard to receiving email marketing material. Your details are not passed on to any third parties.

To view the full Barrow Clark Customer Privacy Policy; please follow the following online link: http://www.barrowclark.com/Privacy-Policy. If you cannot access this Policy online for any reason and would like to view, please contact the Barnstaple showroom for further information.

Website content

Our Liability - The website contains things from other websites or resources and while we try to be the best we make no promises in relation to that content. If we’re told that something is wrong We will try and sort it out as soon as possible. We can’t make promises that everything on the website will be up to date or accurate. Where possible, we and those connected to us hereby expressly exclude all things which might be implied by the law and any liability for any direct, indirect or consequential loss or damage of any kind and however it happens incurred by any user in connection with the use or inability to use the website. Clearly this does not affect our liability for death or personal injury arising from our negligence, nor any other liability which cannot be excluded or limited under applicable law.

Your Liability - Whenever you upload material to the website, or make contact with other users of the website, you will be liable to indemnify us for any direct and indirect losses and costs resulting from your breach of the following: disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws; transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or code of practice; interfering with any other person’s use or enjoyment of the website; making, transmitting or storing electronic copies of materials protected by copyright without our permission. You agree that we have the right to use, copy, distribute and disclose to third parties any material you upload to the website for any purpose and that we may disclose your identity to any third party who claims that material you posted or uploaded to the website constitutes a violation of their rights. We will not be responsible, or liable to any third party in any way for materials posted by you or any other user of the website and have the right to remove it if, in our opinion it doesn’t comply with these standards.

Viruses, Hacking and Other Offences including Links - You must not knowingly introduce viruses, trojans, worms, logic bombs or other technologically harmful things to or attack the website and must not attempt to gain unauthorised access to the website, the server on which it is stored or any server, computer or database connected to it. We will report any such breach to the relevant authorities and co-operate with them by telling them who you are and ban you from using the website. We will not be liable for any loss or damage caused by someone else’s breach of this provision that may infect your computer or equipment due to your use of the website in any way.

You agree not to frame the website on any other website or create a link to any part of it other than the home page and reserve the right to withdraw linking permission without notice. If you wish to use any other material on the website please get in touch. Links to other websites and resources provided by third parties are provided for your information only. We have no control over other websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Service & the website - The online store on the website is available for non-commercial and domestic use only and we reserve the right to refuse orders from businesses. As we often work with local businesses and clients in the Trade industry please contact us directly for further information. We may update these T&C’s from time to time for any reason, any changes will be notified on this website and will apply from the time of the notice. Your continued use of the Website indicates Your agreement to be bound by the new T&C’s. The website itself may at any stage change but we shall not be liable to you for any modification or withdrawal of it. Although We will always aim to offer you the best service possible, we make no promise that We will meet your requirements and cannot guarantee a fault-free service. If a fault occurs with the website just let us know and We will try and fix it as soon as possible. Access to the website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services but We will have things up and running again as soon as possible with no liability to you. From time to time we may restrict you from accessing some or the entire Website. The content of the Website and the material published on it is protected by copyright, trade marks, database right and other intellectual property rights. No person not a party to these Terms shall have any rights in relation to them under the Contracts (Rights of Third Parties) Act 1999.

These Terms set out the entire agreement between the parties in connection with its subject matter and neither party has entered into these Terms in reliance on any warranty, representation or statement made by the other which is not set out in these Terms. All notices and communications required to be sent by you shall be made and sent by e-mail to sales@barrowclark.com or first class post to 12 Bear Street Barnstaple Devon EX32 7BU. All notices and communications required to be sent by us shall be made and sent by e-mail to the e-mail address or post to the postal address provided to us when you placed your order. If any of these T&C’s are declared unenforceable the parties shall amend the relevant part to achieve the intention of the parties without illegality or at our discretion that part may be severed from these Terms in which event the remaining Terms and the remaining part of the relevant condition shall remain in full force and effect.

Both parties will be released from their respective obligations in the event of national emergency, war, prohibitive governmental regulations, import or export regulations or embargoes, strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of Us or a third party), difficulties in obtaining raw materials, labour, fuel, parts or machinery, power failure or breakdown in machinery or any other cause beyond the reasonable control of the parties rendering performance of the contract for the sale of the Goods impossible provided that this condition shall only have effect at Our discretion except when such event renders performance impossible for a continuous period of 2 (two) calendar months.

These Terms and the contract shall be governed by English law in every particular and any proceedings arising out or of in connection with the website or the order for Goods may be brought in any court of competent jurisdiction in England and Wales.

Competitions and Promotions - Barrow Clark reserves the right to withdraw, amend temporarily or suspend any Competition and / or Promotion at any time instore and connected with our website or online activities. All entrants are required to read and accept the full Terms & Conditions of any Competition or Promotion before entering and Barrow Clark will not accept liability arising from any inaccuracy set out in the description.

Definitions

“ADR” means alternative dispute resolution;

“Bespoke Goods” means non-standard goods manufactured to a specification provided by You to Us;

“CRA” means the Consumer Rights Act 2015;

“Express Goods” means goods displayed for sale on this Website other than Bespoke Goods;

“Goods” means Express Goods and Bespoke Goods;

“Special Terms” means any terms and conditions for use and maintenance of the Goods which are specific to the Goods purchased;

“Terms” means these terms and conditions and the Special Terms;

“We/Us/Our” means Barrow Clark Furnishers Limited, a company registered in England and Wales under business number 860370 with our registered office at 12 Bear Street, Barnstaple, Devon, EX32 7BU.

BARROW CLARK LTD FLOORING TERMS AND CONDITIONS

1) OUR TERMS AND CONDITIONS

1.1) Terms for our services - These are the terms and conditions on which we provide our services to you for your new flooring. Terms and Conditions specifically relating to flooring fitting can be found in part B below.

1.2) Why you should read them - Please make sure you read these terms carefully before you accept your estimate and make your payment. These terms tell you how we will provide our services to you, how you can change your order, what to do if there is a problem along with other important information.

These terms limit our liability, impose obligations on you and permit us to charge you in certain instances.

2) YOUR ESTIMATE

2.1) Types of Estimate - Estimates are based on your own measurements for us to supply only or on those taken by a professional Estimator from our staff (who we refer to as Partners) who have visited your premises for the purpose of measuring.

2.2) Online orders and virtual estimating appointments - The estimates we calculate for supply only, whether it is in store, online or via virtual appointments are based on your own measurements and will be based solely on the measurements you provide. You therefore accept full responsibility for the measurements and purchases cannot be refunded or exchanged if they are incorrect for your requirements. Please check your measurements before acceptance and payment. You remain responsible for the measurements you provide should you not request a partner for a site visit.

Our standard cancellation charges will apply for failed deliveries.

2.3) Partners site visit - We will arrange a mutually convenient appointment for the purpose of a site visit. Should access not be available at the agreed time then a charge will be made. All structural changes must have happened prior to site visit otherwise an estimate will not be provided until the works are complete.

2.4) Basis of your estimate - Estimates will be based on the cost of products within the quotation. Estimates are created on the basis that no additional works will be required and all necessary building works are completed ahead of your fitting appointment. In addition, should you request the installation to take place over several days we may apply minimum fitting charges to each fitting appointment. This will mean further charges will apply and may be higher than your original estimate.

2.5) Your estimate - Once a partner has visited your property to obtain measurements we will provide you with an estimate. This may be during or after the site visit. Due to potential pricing changes our estimate will be deemed valid for fourteen days from the date of the estimate. If you decide to accept the service after the fourteen day period the price may need to be revised and a new estimate issued for changes of product or increased costs.

If you opt for a Finance Option as your payment choice we will extend the period of fourteen days to cover the approval process.

2.6) Changing your estimate - For simple changes to your estimate like changing the colour or adding or removing additional services please call the store on 01271323322 and quote your order number so that we can revise your estimate. In all cases a new estimate will need to be sent to you which may delay progressing your order. If your estimate is changed and a new estimate is issued then the previous estimate will no longer be valid.

2.7) Accepting your estimate - If you wish to proceed with your chosen products and service in your estimate you can confirm in several ways:

a) With our partner during the site visit

b) Via email

c) With a partner in store

3) OUR CONTRACT WITH YOU

3.1) How we accept your order - After accepting your order in line with section 2.5 above you will have seven days in which to make your payment. If you do not pay within the seven day period we may need to send you a new estimate. If you require changes to your estimate the provisions of section 2.4 above will apply. Once we have received payment of the estimate amount a contract will be made between you and us.

At this time, you and us will be bound to these terms and conditions.

4) PAYMENT OPTIONS

We offer payment options below to suit your needs.

a) Cash

b) Debit or Credit Card

c) BACS

d) Gift Card

e) Finance Options

5) YOUR ORDER

5.1) Placing your order - Once you have paid 50% of your estimate we will place an order for the products and arrange a fitting appointment subject to the product and fitters availability. The remaining 50% to be paid no less than 2 days before installation. Once we have placed your order we are unable to make any amendments.

5.2) Cancelling your order - As these products will be cut to your requirements we are not able to accept a return and refund your payment unless there is a clear manufacturing defect with the product (please see section 11 below for further details). If there is a manufacturing defect we may refund a proportion of the fees you have paid in respect of the services you will no longer receive, less any administration fees.

6) THE PRODUCTS AND SERVICE

6.1) Samples - Please be aware that samples should only be used as a guide to the colour so an exact match to the samples cannot be guaranteed. You will not be able to reject the product or claim any compensation as a result of minor variations between the sample or description of the products.

6.2) Minor changes to the products - We may change the product but these changes will not affect your use of the product and we will notify you of any changes in writing. We may do this for the following reasons:

a) To reflect changes in relevant laws regulatory requirements

b) To implement minor technical adjustments and improvements

7) WHAT HAPPENS BEFORE YOUR FITTING APPOINTMENT

7.1) Scheduling your fitting appointment - We will only be able to provide a guideline on the time frame of your installation on your appointment date.

7.2) Rescheduling your fitting appointment - Barrow Clark appointed fitters are normally booked several days ahead of your fitting appointment so if you wish to reschedule please call us on 01271323322 no less than three working days before your scheduled appointment.

If you wish to reschedule less than three days before your fitting appointment an administration fee will be charged in accordance with these terms and conditions. See section 17.

7.3) Before your fitter arrives - We will contact you to confirm the fitting date. During this call or email we will clarify a list of what you need to do before arrival. This includes removing objects from the fitting area, ensuring access to the property is arranged and any other relevant matters.

7.4) Parking restrictions - If you have not already informed us of any parking restrictions or difficult vehicle access then please contact us on 01271323322. If parking requires permission or additional permits then you will need to arrange this ahead of the appointment and at your expense. If you do not provide the relevant parking permission and we are unable to park to access your property this will result in your fitting being cancelled.

If your fitting appointment is cancelled and you need to re-book, an administration fee will be charged in accordance with these terms and conditions. See section 17.

7.5) Restrictions to the fitting area - Please inform us in advance of any restrictions within your property such as no lift access (if a flat) or if building works are in progress by calling us on 01271323322. The area being fitted must be easily accessible and not subject to any alterations. If you fail to provide unrestricted access to the fitting area this will result in your fitting appointment being cancelled.

If your fitting appointment is cancelled and you need to re-book, an administration fee will be charged in accordance with these terms and conditions. See section 17.

7.6) Furniture moving service - You can choose a furniture moving service at an additional cost at the time of your estimate. This means that Barrow Clark appointed fitters will move your empty furniture from the fitting area as long as it has been cleared of all its contents and these have been removed from the fitting area. Any furniture not emptied or disassembled by you may either be moved by Barrow Clark appointed fitters at your own risk or result in your fitting appointment being cancelled.

If your fitting appointment is cancelled and you need to re-book, an administration fee will be charged in accordance with these terms and conditions. See section 17.

Barrow Clark appointed fitters will not move the following items and these must be removed in advance of the fitting appointment : aquariums, antiques and antique furniture, decorations, ornaments and personal items, freestanding baths, four-poster beds, grandfather clocks, gym equipment, massage and motorised recliner chairs or beds, pianos, plants, safes, stair lifts, electrical goods, televisions, computers, burglar/sensor alarms, fragile/high value items. If you are unable to move the listed items we may move them at an additional cost or it may result in your fitting appointment being cancelled.

If your fitting appointment is cancelled and you need to re-book, an administration fee will be charged in accordance with these terms and conditions. See section 17.

7.7) Moving disconnected and unplumbed white goods - Barrow Clark appointed fitter can move disconnected and unplumbed white or electrical goods at an additional cost. You must choose this service as part of your estimate.

7.8) Deliveries in advance of fitting - Depending on the products and services you have ordered, products may be delivered to your property prior to your fitting appointment in accordance with the manufacturers instructions.

7.9) Preparing for your installation - Please see our flooring specific terms and conditions in Part B for more information.

8) ON THE DAY OF YOUR FITTING APPOINTMENT

8.1) A person of authority must be on site or easily contactable - You or a person you delegate must be on site or easily contactable to make any necessary decisions with regards to the fitting.

8.2) Delegated authority - If you are not present then Barrow Clark appointed fitter will assume you have delegated authority to the person that is on site or you have asked that they contact in the event of further instructions being needed.

8.3) Delays - We will contact you before your fitting appointment if there is a delay to our arrival time.

8.4) We will wait fifteen minutes - If we arrive and you are not at the property we will wait for up to fifteen minutes. Should nobody turn up to the property within fifteen minutes then the fitting appointment will be cancelled.

If your fitting appointment is cancelled and you need to re-book, an administration fee will be charged in accordance with these terms and conditions. See section 17.

8.5) Completing preparation actions - You must ensure you have completed all actions advised when the appointment was scheduled and discussed with you prior to your fitting date. This includes ensuring we have clear access to the fitting area, relevant parking permission and that the furniture is removed.

If your fitting appointment is cancelled and you need to re-book, an administration fee will be charged in accordance with these terms and conditions. See section 17.

8.6) Additional products, alterations and installations - Should any additional products, alterations, removals, installations or visits be required these will be chargeable. Our standard cancellation charges will apply for failed installations due to errors on your measurements or unsuitable product selected. If you would require further assistance in choosing the correct product then please contact the Flooring Manager on 01271323322 prior to ordering.

9) OUR RIGHTS

9.1) Refusal of services - We reserve the right to refuse your appointment booking or to carry out the services if any customer behaves in an inappropriate, misleading or abusive manner

9.2) Storage of products - We will store products in our warehouse for a maximum of four weeks after the date we receive the goods and you have been informed . You must accept delivery of your products within this time. In the event we have stored your goods for over four weeks from the date of receipt we are entitled to dispose of the products with no liability to us and to retain any sums received in respect of that disposal and any sums paid in advance. On some occasions the storage can be extended for a limited period at an additional cost. This service is not guaranteed to be available.

9.3) Repeat Cancellations - If a customer has cancelled their fitting appointment three times we reserve the right to cancel the services and retain any sums paid in advance.

9.4) Failure to re-book a fitting appointment - Without prejudice to Clause 9.2, if for any reason we cannot complete fitting your products during the fitting appointment, you must re-book the fitting appointment in order for us to complete the fitting services. If we have not heard from you within three months of the failed fitting appointment we reserve the right to cancel the remaining services and retain any sums paid in advance.

9.5) Additional products, alterations and instillation work due to errors - Should any additional products, alterations, installations or visits be required these will be chargeable. Our standard cancellation charges will apply for failed installations due to errors on your measurements or unsuitable product selected. If you would require further assistance in choosing the correct product then please contact the Flooring Manager on 01271323322 prior to ordering.

9.6) Additional charges - Occasionally unforeseen works may be required extra to your estimate such as additional subfloor preparation, flooring accessories or moving furniture. We will carry out the works only in agreement with you or your delegated authority. Additional materials, labour or site visits required will be charged at our standard retail prices. If we cannot agree upon the additional costs then our cancellation policy will apply. Any additional payments are required before the work is carried out.

10) OUR WORKMANSHIP GUARANTEE

10.1) We will guarantee our works for twelve months from the date of completion ensuring the work has been done safely and correctly.

10.2) How to inform us of any problems - If you have any questions or complaints regarding your fitting please contact us immediately within the twelve month period. You can email sales@barrowclark.com or speak to the flooring manager in-store.

10.3) Our investigations - Once you have contacted us with any concerns within the guarantee period we will carry out an investigation. You must allow one of our Partners, insurers or trade professionals access to your property in order to investigate the concerns.

10.4) Remedial works - Where investigations conclude that there is a genuine issue we will arrange for remedial works to be carried out. You will need to permit us access to the property so that we can attend to any issues within an appropriate time period from your original notification. If it is not possible to resolve the issue we will refund you the amount you paid for the installation or a fair proportion thereof.

10.5) Failure to notify us within the guarantee period - If you fail to notify us within the guarantee period then we shall not be reliable for any defects in workmanship.

10.6) Third parties - Our guarantee cannot be passed on to any third parties and can only be claimed by you.

10.7) Manufacturers warranty - We may charge to refit products that have been replaced by the manufacturers due to a fault with the product. Please refer to the manufacturers specific warranty in this instance.

11) MANUFACTURING FAULTS

11.1) Notifying us - If you have any questions regarding the product or feel there is a manufacturing fault you should notify us immediately. You can email sales@barrowclark.com along with any images or speak to one of our partners in store.

11.2) Investigation - Where you have notified us of any issues we will carry out our own investigation. You will grant our partners access to your property for the purpose of our own investigation.

11.3) How we will remedy the manufacturing defect - If our investigation deems there to be a manufacturing fault we will remedy this in one of the following ways :

a) Where the manufacturing fault arises within thirty days after the installation we reserve the right to either

i) Repair, replace or reinstall the product to the extent it is possible or :

ii) Provide a refund

This shall be your choice of option.

b) Where the manufacturing fault arises after thirty days but within six months of the product being installed, we reserve the right to repair or replace the product.

c) Where the manufacturing fault arises after six months from installation you will need to provide evidence to prove this was a manufacturing fault.

Where products need to be removed from your premises for repair or alteration, we are unable to provide a temporary replacement.

12) WHAT WILL WE BE LIABLE FOR

12.1) We do not exclude or limit in any way liability to you where it would be unlawful to do so - This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors. For fraud or fraudulent misrepresentation. For breach of your legal rights in relation to the products, including the right to receive products which are as described and match information we provided to you and any sample seen or examined by you. Fit for a particular purpose made known to us. Supplied with reasonable skill and care. Where installed by us, correctly installed and for defective products under the Consumer Protection Act 1987.

12.2) When we are liable for damage to your property - You must notify us of any damage to your property within twenty four hours of installation. Where, upon our inspection, it is found that the damage to your property has been caused by our fitters during installation and the damage is substantial and noticeable (e.g, large scrapes or scuffs on walls, floors and skirting boards), we will make good that damage.

12.3) Statutory Rights - For further information about your statutory rights contact your local authority Trading Standards or Citizens Advice Bureau.

13) WHEN WE ARE NOT LIABLE

13.1) Our guarantee will not cover - Our workmanship guarantee applies where we have fitted your products in accordance with these terms and conditions.The guarantee will not cover the following issues and we will not be held liable for:

a) Where you have failed to comply with our instructions or guidance given by the fitter or us in relation to the works, whether such instructions were given verbally or in writing. This includes not following the preparation guidance set out in Part B “flooring specific terms”, section 4 “preparing for your new flooring” and section 5 “sub-floor preparations” of these terms and conditions.

b) Where products have been subject to misuse or neglect

c) Where damage has arisen due to normal wear and tear

d) Where the products have been modified or tampered with by anyone but us, the fitter or any other third party approved by us

e) Where the products have not been installed by us or Barrow Clark appointed fitters.

f) Where Barrow Clark appointed fitter inform you that they have to cut and join the products for fitting purposes. For example, where the area is larger than the manufacturers width of the product the fitters will need to join pieces together and create seams to ensure the fitting area is completely covered.

g) Where damage is caused by circumstances beyond our control, including but not limited to severe weather events such as flooding, arising where you have not informed us of any structural defects or anomalies, including poor quality, faulty or unsafe sub-floor at the location where the installation has been carried out.

h) Where you have not ensured that the fitter has clear, safe and uninterrupted access to the delivery address and the area where the installation is to be carried out.

i) Where you have not provided adequate power, lighting, heating and any other necessary facilities for the fitter to be able to carry out the installation.

j) Where you have not notified us of any changes to the conditions of your property at the time agreed for the provision of the fitting service.

k) Where the issue was caused by works not included in the fitting service and was therefore beyond the control of the fitter.

l) Where you have provided your measurements and an error has occurred due to this.

m) Any supply-only product reported faulty after installation where the fault could be visible prior to installation. All faulty products should be reported before installation by you or your appointed fitter. Any costs if goods are not checked before installation will be your responsibility.

13.2) Damage to your property - Where there is damage to the product or your property caused by Barrow Clark appointed fitters and the damage is minor and caused in the ordinary course of business (including, but not limited to small scrapes and scuffs on walls, floors and skirting boards) we are not liable and have no obligation to remedy the damage.

We are also not responsible for the cost of repairing any pre-existing faults or damage to your floor which we discover while providing our services.

13.3) We are not responsible for delays outside of our control - If our supply of the products for your fitting appointment is delayed by an event outside of our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.

If there is a substantial risk of delay you may contact us to end the contract and receive a refund for anything you have paid for but not received.

13.4) Loss of earnings - We will not be liable for any loss of earnings as a result of the requirement to be present whilst we deliver the products to you and whilst we carry out our services.

13.5) While we are working - We will not be liable for small unavoidable amounts of damage around the fitting area including, but not limited to, small holes for drilling purposes

13.6) Decoration - Our service does not include making good any décor slightly damaged in any way.

13.7) Additional Costs - Should we find that the surface we are fitting to is not strong enough then you will be responsible for any additional costs we incur to ensure a stable fixing.

14) AFTERCARE

Please follow the manufacturers guidelines for cleaning and care for your product.

15) INTELLECTUAL PROPERTY

Any measurements taken and plans or designs created remain the intellectual property of Barrow Clark Complete Furnishers Ltd. We cannot provide them for your personal use or for any other company or independent contractor to complete the work

16) HOW WE MAY USE YOUR PERSONAL INFORMATION

Please refer to our Privacy Policy which can be found at https://www.barrowclark.com/Privacy-Policy

17) ADMINISTRATION FEES

Any administration fee charged under these terms and conditions will be in the sum of £150.00. We will contact you via telephone to take the payment.

18) OTHER IMPORTANT INFORMATION

18.1) You are not allowed to transfer your workmanship guarantee set out in section 10 above.

18.2) This contract is between you and us. No other person shall have any rights to enforce any of its terms.

18.3) Each of the sections of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful the remaining sections will remain in full force and effect.

18.4) If we do not insist immediately that you or anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do these things and it will not prevent us from taking steps against you at a later date. For example, if you do not pay an administration charge and we do not chase you but we continue to provide our services, we can still require you to make the payment at a later date.

18.5) These terms are governed by English Law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland it can be in either Scottish or English courts. If you live in Northern Ireland it can be in either Northern Irish or English courts.

PART B: FLOORING SPECIFIC TERMS

1) We always recommend purchasing new underlay with your new carpet. If you do not purchase new underlay this may affect the performance of your carpet and may invalidate the workmanship guarantee.

2) Our flooring services may include (as detailed in your estimate) the following:

a) Old flooring uplift and disposal –

This service is an additional chargeable service which must be chosen when you discuss your estimate with a Partner at an agreed cost to you. As part of this service the fitter will remove your old flooring and all off cuts and packaging from your new flooring.

b) Trimming of doors -

Barrow Clark appointed fitters can trim some doors if they are likely to be too tight once the new flooring is fitted. This service is chargeable and must be agreed with the Partner and detailed in your estimate.

However, if you have fire doors, hollow doors, front doors or any door leading outside that require easing then this will need to be carried out by a specialist carpenter which is another service we can offer. This service is chargeable and must be agreed with the Partner and detailed in your estimate.

If you have decided not to opt for this service the fitter may remove doors to facilitate the fitting and you will be liable to get them rehung. We are unable to remove fire doors so you will need to make arrangements before the fitting date so we can complete our work. The same will apply for plinths or skirting boards.

c) Subfloor Preparation -

During the Partners site visit they will assess the condition of the subfloor to ensure it will meet the requirements of the manufacturers specification for their product to be fitted to. This will not be conclusive and should the fitter find the subfloor not suitable when the floor coverings are removed then you will be advised on that day as to whether the fitter can do the necessary repairs for which here will be a charge or we may recommend you appoint a builder of your choice.

The subfloor will need a surface regularity which complies with BS5325, BS8203, BS8204, BS8201 and BS8425 or other relevant standards.

We will advise in our quote whether this is a service we can offer or you need to instruct a builder to do.

d) In some instances (vinyl or luxury vinyl tiles) we will use a mastic around the perimeter of the area to give a tidy finish. If this is something you would not require then you should confirm this with our partner during their site visit.

3) You will need to check the following before your fitting appointment:

a) Any painted areas are dry (we recommend a week).

b) A plumber has disconnected the radiators if needed.

c) A carpenter has removed all fire doors.

d) Any beading between the skirting board and your existing flooring has been removed to enable a flush finish.

e) Wiring and cables under the existing flooring have been re-routed.

If you have not completed any of the above it may result in your fitting appointment being cancelled. If this is the case and you need to re-book another appointment, it will incur an administration fee in accordance with these terms and conditions. See section 17 above.

4) The following preparations will need to be completed before your fitting:

a) It is your responsibility to ensure the subfloor is not defective and is suitable for the fitting to be carried out.

b) If your property was built before 1965 we may have to carry out a moisture level test to see whether a damp-proof membrane is needed. This will be at an extra cost and will increase the time it takes to prepare your subfloor.

c) Preparation may take more than one day. We may also need to acclimatise your flooring prior to installation or allow additional drying time to prepare your sub-floor prior to fitting.

d) Please switch on new heating systems for a minimum of fourteen days prior to installation and they must not reach a temperature of 27° C.

e) Also, heating systems should be switched off seventy two to ninety six hours before installation and turned back on gradually forty eight hours after the fitting has been completed.

5) If you have decided not to use our uplift and disposal service then you will need to ensure this is done prior to your fitting appointment - If you fail to uplift and remove your existing flooring prior to your fitting appointment then the appointment may be cancelled. If this is the case and you need to re-book another appointment, it will incur an administration fee in accordance with these terms and conditions. See section 17 above.

6) If the fitter discovers carpet moth infestation in your existing carpet then they will not be able to dispose of it due to the risk of cross contamination to your new carpet or any products on their vehicle.

7) Solid sub-floors, smoothing compounds and adhesives require a temperature of 15°C - 24°C for ideal drying conditions - If the weather is very humid please bear in mind this may delay your flooring installation. If your sub-floor is not suitable for the installation you may need to re-book another appointment, it will incur an administration fee in accordance with these terms and conditions. See section 17 above.

8) You may receive an extra amount of your chosen flooring products which is included in your quoted price and is not refundable - The fitter will leave this with you when the installation is complete or remove and dispose of at an additional cost.

9) We recommend you read the manufacturers aftercare instructions for more information.

General: new flooring can fade where patio doors or large windows are present so we recommend that curtains or blinds are used to protect against bright sunlight. We only recommend that you use the manufacturers own brand cleaning and care products as others may lead to inferior results or leave harmful residues. Light fastness is not recognised as a manufacturers fault.

Carpets: you may notice some appearance differences at the ends of your carpet, a pressure mark is the result of the carpet being wrapped tightly onto the tube for shipping. This is common and will fade as the carpet becomes acclimatised and with vacuuming within four to six weeks.

Luxury Vinyl Tiles: tiles, adhesive and sub-floor must be allowed to stabilise to a constant temperature between 18°C and 27°C for a period of at least twenty four hours before, during and after installation.

Solid sub-floors, smoothing compounds and adhesive require a temperature of 15°C and 24°C and relative humidity of 40-65% to dry properly.

These are only recommendations and we do not accept any liability if you choose to follow or ignore any or all of our recommendations.

Terms and Conditions

BARROW CLARK LTD GENERAL TERMS AND CONDITIONS(SEPARATE FLOORING T&C'S ARE BELOW)

BARROW CLARK LTD FLOORING TERMS AND CONDITIONS

BARROW CLARK LTD GENERAL TERMS AND CONDITIONS
(SEPARATE FLOORING T&C'S ARE BELOW)