TERMS & CONDITIONS
In these Terms and Conditions (Terms), the following words and phrases shall have the following meanings: "The Buyer” means the person, firm or company who purchases goods from the Company. "The Company” means Barnet Diva, Steadfast, Dyson Lane Ripponden,W.Yorkshire HX6 4EN. "Contract” means the contract between the Company and the Buyer which shall be deemed to incorporate these Terms. "Goods” means any goods agreed in the Contract to be supplied by the Company to the Buyer. "Place of Delivery” means the place to which the Goods are to be delivered. In these Terms, reference to any statute or statutory provision shall be construed as a reference to such statute or statutory provision as amended, modified, re-enacted or replaced from time-to-time.
The Contract shall be on these Terms to the exclusion of all other terms and conditions, including any such terms and conditions that are purported to be included or applied by the Buyer. No terms and conditions contained in the confirmation of order, purchase order or other document of the Buyer will form part of the Contract. These Terms apply to all the Company's sales and any variation to these conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by Denise Page of the Company. The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Contract. Nothing in this condition shall exclude or limit the Company's liability for fraudulent misrepresentation. Each order or acceptance of a quotation for Goods by the Buyer from the Company shall be deemed to be an offer by the Buyer to buy Goods subject to these conditions. No order placed by the Buyer shall be deemed to be accepted by the Company until a written acknowledgement of order is issued by the Company or (if earlier) the Company delivers the Goods to the Buyer. The Buyer shall ensure that the terms of its order and any applicable specification are complete and accurate.
Delivery is charged at £5.95 to the UK mainland and is sent via Royal Mail or by courier depending on the size and weight of the parcel. Orders received over £150 excluding VAT will be delivered free.
For deliveries outside the UK standard postcodes, the price for the despatch of goods will vary depending on the weight and size of the product and we ask that you telephone us on 01422 823508 or email email@example.com establish the price for delivery of the products.
It is our aim, in normal circumstances, to deliver products to you using at our discretion our own transport or a courier service within 3 to 5 working days for delivery within the UK mainland, calculated from the date we receive payment and assuming that the products you have ordered are available in our warehouse to despatch to you. However, please allow extra time for any personalised embroidered items. Time periods are estimates only and deliveries beyond this date will not be grounds to cancel your order, unless we fail to deliver the products to you within a reasonable time.
Risk in and Ownership of the Goods
Risk in the Goods shall pass to the Buyer on delivery. Ownership in the Goods shall not pass to the Buyer until the Company has received in full in cleared funds all sums due to the Company in respect of the Goods and all other sums which are or may become due to the Company from the Buyer on any account. Until ownership of the Goods has passed to the Buyer, the Buyer shall: hold the Goods on a fiduciary basis as the Company's bailee; store the Goods separately from all other goods of the Buyer or any third party in such a way that they remain identifiable as the Company's property; not destroy or deface any identifying mark on the Goods or their packaging; maintain the Goods in satisfactory condition insured with the Company's interest noted on the policy and hold any proceeds of such insurance on trust for the Company and not mix them with any other money. The Buyer grants the Company, its agents and employees an irrevocable licence at any time to enter any premises where the Goods are or may be stored in order to inspect them, or, where the Buyer's right to possession has terminated, to recover them.
The price for the Goods shall, unless otherwise agreed, be the price set out on in the Company's price list and on the company's web site. The price for the Goods shall be displayed on the price list and web site inclusive of VAT but exclusive of all costs of carriage, packaging, loading, unloading and insurance and any import tax which the Buyer shall pay in addition.
Subject to the above, payment of the price of the Goods shall be due before the goods are shipped. Payment shall not be deemed to have taken place until the receipt by the Company of cleared funds. Time for payment shall be of the essence. All payments payable to the Company under the Contract shall become due immediately on its termination despite any other provision. The Buyer shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by the Company to the Buyer. If the Buyer fails to pay the Company any sum due pursuant to the Contract, the Buyer shall be liable to pay interest to the Company on such sum from the due date for payment at the annual rate of 4% above the base lending rate from time to time of Lloyds TSB, accruing on a daily basis until payment is made, whether before or after any judgment.
If for any reason you are unhappy with your purchase, you can return it to us in its original condition within 7 days of the date you received the item. We will then either issue a full refund for the price you paid for the item, or in the case of damaged goods, offer a replacement or repair.
Please note that, with the exception of faulty goods and mis-ships, we will use our discretion whether or not to accept goods for return. In any event no goods will be accepted for return later than one month after supply. A minimum 15% handling and administration charge will be made together with carriage costs if applicable.
Personalised embroidered items cannot be refunded unless we have made an error, or the item is faulty.
You can expect a refund in the same form of payment originally used for the purchase within 30 days of our receiving your return. Please email firstname.lastname@example.org your order number, which items you wish to return and a note stating the reason for return. Once we have received this email, we will contact you regarding the return of your purchase.
Limitation of Liability
The Company's liability in contract, tort or otherwise arising out of the subject matter of the Contract shall not exceed the original price of the Goods and the Company shall under no circumstances be liable to the Buyer for any consequential, indirect or economic loss or damages. All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
If either party is subject to an event of Force Majeure, that is circumstances outside its reasonable control, including but not limited to war, fire, industrial disputes or civil commotion, it shall notify the other and the first party's obligations under these Terms shall be suspended until it notifies the other party of the end of such event of Force Majeure.
If any part of these Terms is found to be void or unenforceable by any Court of competent jurisdiction, such part shall be severed from these Terms which will otherwise remain in full force and effect. These Terms shall be governed by and interpreted according to English Law and the parties submit to the exclusive jurisdiction of the English Courts. The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
Shop with Confidence
Purchasing items from Barnet Diva is 100% safe and secure. You can rest assured that any transaction you make is both private and protected. All your personal information will be handled confidentially and securely using 128-bit SSL (Secure Socket Layer) encryption. SSL is an industry standard and is one of the best ways to ensure Internet data are not intercepted.
When you make a purchase, your name is automatically added to our marketing email distribution list to receive information on new products, special offers and online promotions. You can unsubscribe from these promotional emails at any time by following the unsubscribe directions that appear at the bottom of each email. Please note that you may still hear from us regarding your order status and any other service issues and order status updates that will allow us to provide you with the optimal shopping experience.
Your name will also become part of the Barnet Diva direct mail/catalogue list to receive future catalogue mailings. If you do not wish to receive such mailings, please send an email to email@example.com. We never share email or address lists with any third party companies.
Barnet Diva is dedicated to preventing unauthorized access to your private information and ensuring a safe and secure online shopping experience. To that end we have a strict internal operating procedure guiding this ongoing commitment.