Terms and Conditions for the Sale of Products and Services
You will be asked to agree to these terms and conditions before ordering Products or Services from this Site. Please read them carefully.
In order to indicate your acceptance of these terms and conditions, you must tick the appropriate check box during the order process.
(1) Definitions and interpretation
In this Agreement "we" means Barry Bennett Limited (and "us" and "our" shall be construed accordingly); and "you" means our customer for Products or Services (and "your" shall be construed accordingly).
In this Agreement, the following definitions shall apply:
"Agreement" means this agreement;
"First Acknowledgement" means the initial automatic email acknowledgement which we will send to you after receiving your Order;
"Order" means your order for Products and/or Services made via the Site;
"Products" means goods which may be purchased by you from the Site;
"Second Acknowledgement" means the email acknowledgement which we will send to you (where appropriate) confirming acceptance of your Order; and
"Services" means services which may be purchased by you from the Site;
"Site" means the website at www.barrybennett.co.uk and any successor site operated by us from time to time.
(2) This Agreement
The advertising of Products and Services on the Site constitutes an "invitation to treat"; and your Order for Products or Services constitutes a contractual offer. No contract comes into force between you and us unless and until we accept your Order as detailed below.
To submit an Order, you will need to take the following steps: (i) you must select the Products or Services (and quantities) that you require, and click "Update Basket"; (ii) you will then have the opportunity to review your shopping basket; (iii) when you have finished shopping, click "Check Out Basket"; (iv) enter your details and delivery address and click "submit - proceed to step 2"; and (v) enter your credit card details on our secure site, indicate your acceptance of our terms and conditions, and click "submit – complete order".
After we have received your Order, we will send you the First Acknowledgement. Subsequently, where we accept your Order, we will send you the Second Acknowledgement.
Please note that we will not file a copy of this Agreement. We may update the version of this Agreement on the Site from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of this Agreement for your records.
The only language in which we offer this Agreement is English.
Before you place your Order, you will have the opportunity of identifying whether you have made any input errors by reviewing your basket, your personal and banking details, and your address for delivery. You should correct any errors before proceeding.
(3) About us
Our full name is Barry Bennett Limited. Our headquarters is at Bennett House, Viking Street, Bolton, BL3 2RR, whilst our registered office is at DTE House, Hollins Mount, Greater Manchester, BL9 8AT. Our company registration number is 01006315. Our email address is [email protected]
. Our VAT number is 147146861.
Prices for Products and Services are quoted on the Site. The Site contains a large number of Products and Services and it is always possible that some of them may be incorrectly priced. We will verify prices as part of our sale procedures so that a correct price will be stated when you pay for the Product.
In addition to the price of the Products, you may have to pay a delivery charge, which will be as stated when you pay for the Product.
The prices on the Site include any UK value added or sales taxes (where applicable).
Prices for Products are liable to change at any time, but changes will not affect Agreements which have come into force.
Payment in respect of a Product or Service must be made immediately at the time of your Order unless we agree otherwise. We may withhold the Products and Services and/or terminate this Agreement if the price is not received from you in full, on time, in cleared funds.
Payment for all Products must be made by credit or debit card (subject to the paragraph below).
We may from time to time in our absolute discretion set up a customer account which will enable a business customer to issue Orders, and we will invoice for the price in respect of each Order on or at any time after receipt of that Order, and you will pay any such invoices within 30 days following the date of the invoice. Customer accounts will be subject to credit limits which we may vary from time to time in our absolute discretion.
(6) Delivery of Products
We will arrange for the Products to be delivered to the address for delivery indicated in your Order.
We will use reasonable endeavours to deliver Products within 7 days of the date of our Second Acknowledgement. However, we cannot guarantee delivery by the relevant date, particularly where the relevant Product is not in stock. We do however guarantee that unless there are exceptional circumstances all deliveries of Products will be dispatched within 30 days of the later of receipt of payment and the date of our Second Acknowledgement.
We will only deliver Products in the UK and Ireland.
(7) Risk and title
The Products will be at your risk from the time of delivery. Ownership of the Products will only pass to you on the later of: (i) delivery of the Products and; (ii) our receipt of full payment of all sums due in respect of the Products (including delivery charges).
(8) Provision of Services
Where this Agreement relates to Services, we will contact you within 7 days of our Second Acknowledgement to arrange for the provision of those Services.
We will provide the Services at your business premises or home address in the UK or Ireland at a time or at times to be mutually agreed.
You have no right under this Agreement to specify which individual or individuals will provide the Services.
We have the right to cancel Services under this Agreement at any time (and refund to you any money paid in respect of Services) where in our reasonable opinion: (i) your premises or address at which you would like us to provide the Services is unsuitable for the provision of Services; (ii) the provision of the Services may lead to a risk to the health or wellbeing of the individual(s) who would provide those Services.
If you fail to receive Services at the pre-arranged place and time, you will lose your right to the provision of those Services (and will not be entitled to any refund in respect of those Services or released from any liability to make payment in relation to those Services).
If the Services have not been provided within a period of 12 months following the date of our Second Acknowledgement, and where (in our reasonable opinion) this failure arises primarily from your failure to be available to receive the Services on sufficient and suitable dates and times, you will automatically lose the right to receive the Services under this Agreement.
(9) Consumer rights
If you enter into this Agreement as a consumer, you may: (i) insofar as the Agreement relates to Products, cancel this Agreement at any time within 14 working days after the day you received the Products; and (ii) insofar as the Agreement relates to Services, cancel this Agreement at any time within 14 working days after the day you received the Second Acknowledgement (subject in each case to the limitations set out below).
You will not have any such right insofar as this Agreement relates to the supply of any Products which constitute audio or video recordings or computer software which have been unsealed by you. Nor will you be able to cancel this Agreement if it relates to the provision of Services and we have, with your agreement, begun the provision of those Services.
If you cancel this Agreement on this basis, you must inform us in writing and (where this Agreement relates to Products) return the Products to us immediately, in the same condition in which you received them. Products returned by you within the 14 working day period referred to above will be refunded in full (including the cost of sending the Products to you). However, you will be responsible for paying the cost of returning the Product to us.
If you cancel this Agreement on this basis and you do not return to the Products to us, we may recover the Products and charge you for the costs we incur in doing so. Similarly, if you return the Products at our expense, we may pass that expense on to you.
(10) Defective Products
You may also cancel this Agreement if the Products supplied are defective.
Products returned by you because of a defect will be refunded in full (including the cost of sending the Products to you, and the cost of returning the Products to us). Alternatively, if we and you agree, we may supply you with a replacement or substitute Product.
If you cancel this Agreement and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your notice of cancellation.
(12) Waste Electrical and Electronic Equipment (WEEE)
In order to help us meet our obligations under the Waste Electrical and Electronic Equipment Regulations 2006 we are a member of an approved WEEE compliance scheme run by Valpak Limited. Valpak's contact details are set out on their website at www.valpak.co.uk.
We warrant to you that any Product you purchase through the Site will be of satisfactory quality, and that any Services you purchase through the Site will be provided with reasonable care and skill.
You warrant to us that: you have full authority, power and capacity to enter into this Agreement and that all necessary actions have been taken to enable you to lawfully enter into this Agreement; you are legally capable of entering into binding contracts; you are resident in the UK or Ireland; you (where you are a natural person) are at least 18 years old; the information provided in the Order is accurate; and you will be able to accept delivery of the Products and receive the Services as contemplated in this Agreement.
Subject to the warranties set out in above, to the maximum extent permitted by applicable law we disclaim all warranties with respect to the Products and Services, whether express or implied.
(14) Limitations of liability
Nothing in this Agreement shall limit or exclude your or our liability for: (i) death or personal injury caused by negligence; (ii) under section 12 of the Sale of Goods Act 1979, section 2 of the Supply of Goods and Services Act 1982, or section 2(3) of the Consumer Protection Act 1987; (iii) for fraud or fraudulent misrepresentation; or (iv) for any matter for which it would be illegal for to limit or exclude, or attempt to limit or exclude, liability.
Subject to this: (i) our liability in connection with any Product or Service purchased through our site is strictly limited to the higher of the purchase price of the relevant Product or Service and the replacement cost of the relevant Product or Service; (ii) we accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; and (iii) we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement caused by events outside our reasonable control.
(15) General terms
Images on the Site are for illustrative purposes; actual Products and Services may differ from such images.
We may revise these terms from time-to-time, but such revisions will not affect the terms of any Agreement which we have entered into with you. This Agreement may only be varied by an instrument in writing signed by both you and us.
If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect, and such invalid or unenforceable provisions or portion thereof shall be deemed omitted.
No waiver of any term, provision, or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that term, provision or condition or any other term, provision or condition of this Agreement.
You may not assign, charge, sub-contract or otherwise transfer this Agreement, or any of your rights or obligations arising under this Agreement. Any attempt by you to do so shall be null and void. We may assign, charge, sub-contract or otherwise transfer this Agreement, or any of our rights or obligations arising under this Agreement, at any time – providing where you are a consumer that such action does not serve to reduce the guarantees benefiting you under this Agreement.
This Agreement is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under this Agreement is not subject to the consent of any person who is not a party to this Agreement.
This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written.
This Agreement will be governed by and interpreted in accordance with the laws of the England, and the English courts shall have exclusive jurisdiction with respect to any dispute arising under this Agreement.