Terms and Conditions

Introduction

We do our best to ensure that the information on the Website is accurate and complete. However, we do not guarantee that this is the case.

The copyright and all other intellectual property rights in and to the Website and/or any and/or all of the material on the Website  are owned by or licensed to Barker Black. Any copying, downloading or other unauthorised use of any and/or all of the material on the Website and/or any and/or all unauthorised use of any and/or all of the IP is forbidden.

Any complaints or queries should be directed to Customer Service using one of the methods

below: 

By post:

Barker Black
Station Road
Earls Barton
Northampton
NN6 0NT
United Kingdom

By telephone: +44 (0) 1604 810387

By email: info@barkerblack.com

1) Conditions of Sale

 These terms and conditions ("Conditions") apply to the sale to you of any of the goods listed

on the Website ("Goods"). Please ensure that you read these Conditions carefully before you

order any Goods from the Website. You should understand that by ordering any Goods

through the Website you are agreeing to be bound by these Conditions.

 We may update or amend these Conditions from time to time to reflect changes in market

conditions affecting our business, changes in technology, changes in payment methods,

changes in relevant laws and regulatory requirements and changes in our system's

capabilities. Any updates or amendments will be posted on the Website.

 Your contract with Barker Black will be subject to the Conditions in force at the time that you

order Goods from us, unless any change to those policies or the Conditions is required to be

made by law or governmental authority (in which case it will apply to orders previously placed

by you), or if we notify you of the change to those policies or the Conditions before we send

you the Confirmation Email (in which case we have the right to assume that you have

accepted the change to the Conditions, unless you notify us to the contrary within seven

working days of receipt by you of the Goods).

2) Orders

 All orders are treated as placed and received in the United Kingdom. We do not accept orders

from outside the United Kingdom.

 By placing an order through the Website, you warrant that you are legally capable of entering

into binding contracts, you are resident in, and accessing the Website from, the UK; you are at

least 18 years old and are acting in the capacity of a consumer.

 When making a purchase you will be asked to provide your name, billing address, delivery

address, telephone number and credit or debit card details. You will be required to choose a

username and password on completion of registration. You are responsible for keeping this

information safe and should not disclose this information to anyone else. If you feel your

password has been compromised, you must alter it immediately. barkerblack.com will not

pass on your personal information or credit/debit card details to any third party.

 Your order constitutes an offer to us to purchase the Goods. When an order is placed you will

be sent an e-mail to confirm your order has been received by Barker Black. This e-mail does

not guarantee we can dispatch your order as it has yet to be processed, we will carry out

validation checks, including your credit and debit card details. Barker Black may cancel or

amend your order at any time as a result of security checks or insufficient stock levels, price

discrepancy etc. Should any problems occur with your order an e-mail will be sent to you.

 The Contract will only relate to those Goods whose dispatch we have confirmed in the

Confirmation Email. We will not be obliged to supply any other Goods, which may have been

part of your order until the dispatch of such Goods has been confirmed in a separate

Confirmation Email.

3) Product Availability & Descriptions

 The availability and specification of the Goods are subject to change without notice, although

we will try and give you notice wherever possible.

 All descriptions, drawings and specifications on the Website are published for illustration

purposes only and are not binding on us.

4) Price

 The price of any Goods will be as quoted on the Website, except in cases of obvious error.

Where applicable the prices quoted on the Website are inclusive of VAT at the standard rate

and exclusive of delivery charges.

 The price of the Goods on the Website may vary from prices quoted in other websites operated

by Barker Black, in store prices and any brochure prices. Prices are liable to change at any

time, but changes will not affect orders in respect of which we have already sent you a

Confirmation Email.

 The Website contains a large number of Goods and it is always possible that, despite our best

efforts, some of the Goods listed on the Website may be incorrectly priced. We will normally

verify prices as part of our confirmation procedure so that, where any item's correct price is

less than our stated price, we will charge the lower amount when dispatching the relevant

Goods to you. If an item's correct price is higher than the price stated on the Website, we will

normally, at our discretion, either contact you for instructions before confirming the Contract

for the Goods or reject your order and notify you of such rejection. We are under no obligation

to provide the Goods to you at an incorrect (lower) price, even after we have sent you a

Confirmation Email, if the pricing error is obvious and unmistakable and could reasonably have

been recognised by you as a mis-pricing.

5) Payment

Payment may be made by any credit, debit or payment card acceptable to us or by Paypal, and

such payment will be encrypted to ensure secure electronic transmission of data. We will not

charge your credit or debit card until we dispatch your order. We recommend that you do not

communicate your payment card details to anyone, including us, by e-mail. We cannot be

responsible for any losses you may incur in transmitting information to us by Internet link or by e-

mail. Any such loss shall not be borne either wholly or partly by us, and shall be entirely your

responsibility.

6) Risk and Title

 Ownership of the Goods shall not pass to you until we have received in full all monies owed by

you to us under this Contract and any other contract with us.

 All risk of loss of or damage to the Goods shall pass to you upon delivery.

7) Liability

 All descriptions, drawings and specifications on the Website are published for illustration

purposes only and are not binding on us. Barker Black has made every effort to reproduce

colours on the Website as accurately as possible but exact colour matches are not possible. If

you are not satisfied with the colour of the Goods you have ordered you may return them

under clause 11.

 We warrant to you that any Goods purchased from us through the Website are of satisfactory

quality and reasonably fit for all the purposes for which goods of such kind are commonly

supplied.

 Our liability for your losses as a result of us breaking this agreement is strictly limited to the

purchase price of the Goods you purchased and any losses, which are a natural and

foreseeable consequence of us breaking the agreement.

 You must follow any written advice (instructions or product manuals) provided with the Goods

to ensure their safe use. We cannot accept liability for damage to Goods which is caused by

your failure to follow this advice.

 We are not liable for indirect losses which happen as a side effect of the main loss or damage

including, loss of income or revenue or business; loss of profits or contracts; loss of

anticipated savings; or waste of management or office time, however arising and whether

caused by tort (including negligence), breach of contract or otherwise.

 We will not be liable to you if we are prevented or delayed from complying with our obligations

under these Conditions by anything you (or anyone acting on your behalf) do or fail to do or

due to events which are beyond our reasonable control.

 Nothing in these Conditions limits our liability for personal injury or death caused by our

negligence or for fraud.

 We will not be liable to you for any delay in delivery of products ordered or any other matters

to the extent that the delay is due to any event outside our reasonable control, including but

not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil

commotion, malicious damage, explosion, governmental actions and any other similar events.

 We will not be liable (including liability for negligence) for the acts or omissions of

telecommunications service providers or for failures of, or faults in their networks and

equipment.

8) Communications & Notices

 Applicable laws require that some of the information or communications we send to you should

be in writing. When using the Website, you accept that communication with us will be mainly

electronic. We will contact you by email or provide you with information by posting notices on

the Website. For contractual purposes, you agree to this electronic means of communication

and you acknowledge that all contracts, notices, information and other communications that

we provide to you electronically comply with any legal requirement that such communications

be in writing. This does not affect your statutory rights.

 All notices given by you to us must be given to Barker Black at the registered office address

or email address given in clause 1(e). We may give notice to you at either the email or postal

address you provide to us when placing an order, or in any of the ways specified in the

paragraph above.

 Notice will be deemed received and properly served 24 hours after an email is sent or it is

posted on the Website, or three days after the date of posting of any letter. In proving the

service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was

properly addressed, stamped and placed in the post and, in the case of an email, that such

email was sent to the specified email address of the addressee.

9) General Terms

 These Conditions and any policy expressly referred to in them represents the entire agreement

between us in relation to the subject matter of any Contract and supersede any prior

agreement, understanding or agreement between us whether oral or in writing.

 No relaxation or delay by us in exercising any right or remedy under these Conditions shall

operate as a waiver or shall affect or ability to subsequently exercise that right or remedy

unless any waiver is agreed by us in writing.

 If any of these Conditions are determined by any competent authority to be invalid, unlawful

or unenforceable to any extent, the remaining Conditions and provisions will continue to be

valid to the fullest extent permitted by law.

 The Contract between you and us is binding on you and us and on our respective successors

and assigns. You may not transfer, assign, charge or otherwise dispose of any of your rights or

obligations arising under it, without our prior written consent. We may assign, transfer or sub-

contract any of our rights or obligations under these Conditions to any third party at our

discretion.

 Only you and we are entitled to enforce these Conditions. No third party shall be entitled to

enforce any of these Conditions, whether by virtue of the Contracts (Rights of Third Parties)

Act 1999 or otherwise.

 We may terminate the Contract at any time and/or claim damages for breach of contract if we

suspect that you have made a fraudulent misstatement to us, whether orally or in writing,

prior to or after entering into the Contract.

 Contracts for the purchase of Goods through the Website will be governed by English law. Any

dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction

of the English courts.

10) Unsubscribe

If you wish to unsubscribe from e-mail marketing communications that we send you, you can

easily do this by clicking on the unsubscribe link at the bottom of any e-mail newsletter we have

sent to you.