01271 323322
Family Business Est. 1965
Qty: 0 Total: £0

FAMILY OWNED AND RUN SINCE 1965

EXPERT GUIDANCE & CARE WITH UNEQUALLED CUSTOMER SERVICE

NATIONWIDE DELIVERY & FAIR PRICE POLICY

HIGH QUALITY AND EXTENSIVE FURNISHINGS WITH TOP BRANDS

Terms and Conditions

 

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 Manufacture 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.
  • A refund can only be given with the authorisation of the Directors.
  • 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 or fitting 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 a instore/phone purchase if you disagree with them but if you have any questions then contact info@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 or Fitting service such as Carpet & Flooring Fitters) - 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 provided 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 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 be factored in at you basket checkout summary total. 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. As well as our own Delivery Team, We reserve the right to use third party delivery and fitting partners/contractors to deliver and where applicable, fit your goods (such as carpet fitters). 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 and fitting of Your order. We cannot be held responsible for any damage caused by any third party delivery and fitting 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/fitting/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 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 Barrow Clark Fitters or Couriers are unable to fulfil delivery, installation or fitting of furniture, flooring 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. E.G. Agreeing to fit Flooring and on uplifting existing flooring discover Wood Worm at the property, 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. This includes Flooring of any kind. 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 a instore/phone purchase if you disagree with them but if you have any questions then contact info@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.asp. 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 Manufacture 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. A refund can only be given with the authorisation of the Directors. 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 or fitting 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 Flooring order is placed a deposit of 50% of the purchase price is payable before we place an order with the manufacturers. 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 or Fitting service such as Carpet & Flooring Fitters) - 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 provided 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 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 be factored in at you basket checkout summary total. 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. As well as our own Delivery Team, We reserve the right to use third party delivery and fitting partners/contractors to deliver and where applicable, fit your goods (such as carpet fitters). 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 and fitting of Your order. We cannot be held responsible for any damage caused by any third party delivery and fitting 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/fitting/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 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. 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. 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 Barrow Clark Fitters or Couriers are unable to fulfil delivery, installation or fitting of furniture, flooring 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. E.G. Agreeing to fit Flooring and on uplifting existing flooring discover Wood Worm at the property, 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.

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 by 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. This includes Flooring of any kind.

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 by 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 you payment details, unless you have expressly agreed otherwise; 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 by You.

A refund can only be given with the authorisation of the Directors.

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.

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.asp. 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 info@barrowclark.com 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.

 

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