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TERMS AND CONDITIONS

  1. These terms
    1. What these terms cover. These are the terms and conditions on which we supply products to you. Please read these terms carefully before you submit your order to us.
    2.  Are you a business customer or a consumer? In some areas you will have  different rights under these terms depending on whether you are a business or consumer. You are a consumer if you are an individual or you are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).Provisions specific to consumers only are in red and those specific to businesses only are in blue.
    3. If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
  2.  Information about us and how to contact us
    1. Who we are. We are Barbury Castle Ltd a company registered in England and Wales. Our company registration number is 11275960 and our registered office is at Warleigh The Pitchens, Wroughton, Swindon, Wilts, United Kingdom, SN4 0RU. Our registered VAT number is 291132521.
    2. How to contact us. You can contact us by telephoning our customer service team on 07767267521, by writing to us at our registered office or by emailing us at info@barburycastle.com.
    3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
  3. Our contract with you
    1. How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. {W4044835-6} 2
    2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing (including the reason) and will not charge you for the product.
    3. Your order number. We will assign an order number to your order and tell you what it is when we accept your order.
    4. We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
  4. Our products Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only.
  5. Your rights to make changes If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
  6. Our rights to make changes
    1. Minor changes to the products. We may change the product to reflect changes in relevant laws and regulatory requirements.
    2. More significant changes to the products and these terms. We may make changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
  7. Providing the products
    1. When we will provide the products. We will contact you with an estimated delivery date, which will be within 14 days after the day on which we accept your order.
    2. We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received. {W4044835-6} 3
    3. If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will request that the delivery company leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
    4. When you become responsible for the goods. A product will be your responsibility from the time we deliver it to the address you gave us.
  8. Your rights to end the contract
    1. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 8.1.1 to 8.1.5 below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation.The reasons are:
      1. we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
      2. we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
      3. there is a risk that supply of the products may be significantly delayed because of events outside our control;
      4. we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than four weeks; or
      5. you have a legal right to end the contract because of something we have done wrong.
    2. Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
    3. When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.
    4. How long do consumers have to change their minds? If you are a consumer you have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery. {W4044835-6} 4
    5. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause Error! Reference source not found.), you can still end the contract before it is completed, but you may have to pay us compensation. The contract for goods is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.
  9. How to end the contract with us (including if you are a consumer who has changed their mind)
    1. 1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
      1. Phone or email. Call customer services on 07767267521 or email us at info@barburycastle.com.
      2. Online. Complete the online form on our website.
      3. By post. Print off the form on our website and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
    2. Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must return the goods by post them back to us at Barbury Castle Ltd, Warleigh, The Pitchens, Wroughton, Wilts SN4 0RU. Please call customer services on 07767267521 or email us at info@barburycastle.com for a return label If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
    3. When we will pay the costs of return. We will pay the costs of return:
      1. if the products are faulty or misdescribed; or
      2. if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong. In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return. {W4044835-6} 5
    4. What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
    5. How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
    6. When your refund will be made. We will make any refunds due to you as soon as possible.
  10. Our rights to end the contract
    1. We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
      1. you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due;
      2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
      3. you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
    2. You must compensate us if you break the contract. If we end the contract  in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
    3. We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 8 weeks in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
  11. Price and payment
    1. Where to find the price for the product. The price of the product (which includes VAT and delivery costs) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause Error! Reference source not found. for what happens if we discover an error in the price of the product you order.
    2. When you must pay and how you must pay. We accept payment with most credit and debit cards You must pay for the products before we dispatch them. {W4044835-6} 6 We will not charge your credit or debit card until we dispatch the products to you.
    3. Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
    4. We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 5% a year above the base lending rate of HSBC Bank PLC from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
    5. What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know.
  12. Our responsibility for loss or damage suffered by you if you are a consumer
    1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
    2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause Error! Reference source not found.; and for defective products under the Consumer Protection Act 1987
    3. We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 13.
  13. Our responsibility for loss or damage suffered by you if you are a business
    1. Nothing in these terms shall limit or exclude our liability for:
      1. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable); {W4044835-6} 7
      2. fraud or fraudulent misrepresentation;
      3. breach of the terms implied by section 12 of the Sale of Goods Act 1979;
      4. defective products under the Consumer Protection Act 1987; or
      5. any matter in respect of which it would be unlawful for us to exclude or restrict liability.
    2. Except to the extent expressly stated in clause Error! Reference source not found. all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
    3. Subject to clause 13.1:
      1. we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
      2. our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.
  14. How we may use your personal information How we will use your personal information. We will only use your personal information as set out in our [LINK TO PRIVACY POLICY].
  15. Other important terms
    1. Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause Error! Reference source not found. in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
    2. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    3. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For {W4044835-6} 8 example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
    4. Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
    5. Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

schedule 1

Model Cancellation Form for consumer customers

(Complete and return this form only if you wish to withdraw from the contract)

To Barbury Castle Ltd, Warleigh The Pitchens, Wroughton, Swindon, Wilts, United Kingdom,
SN4 0RU (email address: info@barburycastle.com phone no. 077768267521).

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following
goods [*]/for the supply of the following service [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate

© Crown copyright 2013