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 assist@barrybennett.co.uk. Our VAT number is 147146861.
(4) Price
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.
(5) Payment
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 United Kingdom.
(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 7 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 7 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 7 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.
(11) Refunds
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.
(13) Warranties
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
will treat all your personal information that we collect in connection
with your Order in accordance with the terms of our Privacy Policy; use
of our website will be subject to our Website Terms and Conditions.
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.
