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1. Introduction1.1 These terms and conditions of sale ("Conditions") apply to the sale to you of any of the goods listed on www.barratts.co.uk ("Website") ("Goods").
1.2 Please ensure that you read these Conditions carefully before you order any Goods from the Website. You should understand that by ordering any of our Goods you are agreeing to be bound by these Conditions.
2. Information About UsThe Website is operated by Barratts Trading Limited. Barratts Trading Limited is a company incorporated in England under number 07895160 ("Barratts"). The registered office of Barratts is at BPL House, 880 Harrogate Road, Apperley Bridge, Bradford BD10 0NW.
3. TerritoryAll orders are treated as placed and received in the United Kingdom. We do not accept orders from outside the United Kingdom, the Channel Islands and the Republic of Ireland.
4. Your StatusBy placing an order through the Website, you warrant that:
4.1 you are legally capable of entering into binding contracts;
4.2 you are resident in, and accessing the Website from, the UK, the Channel Islands and the Republic of Ireland; and
4.3 you are at least 18 years old.
5. Orders5.1 Your order constitutes an offer to us to purchase the Goods. After placing your order, you will receive an email from us acknowledging that we have received your order (“Confirmation Email”). Please note receipt of the Confirmation Email does not mean that your order has been accepted. When we accept your order we will notify you by sending an email confirming that the Goods have been dispatched ("Dispatch Email"). The contract between us will be formed when we send you the Dispatch Email ("Contract").
5.2 The Contract will only relate to those Goods whose dispatch we have confirmed in the Dispatch 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 Dispatch Email.
6. Third PartiesWe may also provide links on the Website to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that any Goods you purchase from third party sellers through the Website, or from companies to whose website we have provided a link on the Website, will be of satisfactory quality, and any warranties, statements and representations are disclaimed by us absolutely to the fullest extent permissible by law. This disclaimer does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction and we may disclose your customer information related to that transaction to the third party seller.
7. Price7.1 The prices quoted on the Website are inclusive of VAT at the standard rate and exclusive of delivery charges.
7.2 The availability and specification of the Goods are subject to change without notice, although we will try and give you notice wherever possible.
7.3 All descriptions, drawings and specifications on the Website are published for illustration purposes only and are not binding on us.
7.4 The price of any Goods will be as quoted on the Website from time to time, except in cases of obvious error. The price of the Goods on the Website may vary from prices quoted in other websites operated by Barratts, 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 Dispatch Email.
7.5 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 dispatch 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 dispatching the Goods or reject your order and notify you of such rejection.
7.6 We are under no obligation to provide the Goods to you at an incorrect (lower) price, even after we have sent you a Dispatch Email, if the pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mis-pricing.
8. PaymentPayment may be made by any credit, debit or payment card acceptable to us, 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.
9. Delivery9.1 Your order will be fulfilled by the delivery date set out in the Dispatch Email or, if no delivery date is specified, then within 30 days.
9.2 Details of delivery rates can be viewed on the Website under Delivery and Returns.
10. Risk and Title10.1 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.
10.2 All risk of loss of or damage to the Goods shall pass to you upon delivery.
11. Cancellation11.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days beginning on the day after you received the Goods. In this case, you will receive a full refund of the price paid for the Goods in accordance with our refunds policy set out in clause 12 below.
11.2 To cancel a Contract, you must inform us in writing in accordance with clause 17 (Notices). You must also return the Goods to us immediately, in the same condition in which you received them, and at your own cost and risk. Goods must be returned to us at the address given in clause 2 above unless they are returned to a Barratts Shoes store. You have a legal obligation to take reasonable care of the Goods while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
12. Refund Policy12.1 If you have cancelled the Contract between us in accordance with clause 11 above, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Goods in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
12.2 If you wish to return the Goods for any other reason (for instance, because you have notified us in accordance with clause 23 that you do not agree to any change in these terms and conditions or in any of our policies, because you claim that the Goods are defective or simply because you are dissatisfied with the Goods for any reason), you may do this within 28 days of delivery by posting the Goods back to us at the address given in clause 2 above or taking them into any Barratts Shoes store in the UK, Channel Islands or Ireland.
12.3 We will examine the returned Goods and, provided that you have complied with clause 12.5 we will notify you of your refund within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you that you were entitled to a refund for the returned Goods.
12.4 Defective Goods, which have been returned by you, will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us. In all other cases, we will refund the price of the Goods, but (save where the Goods have been returned under the cooling off period in clause 11) not any delivery charges for sending the item to you and any costs incurred by you in returning the item to us.
12.5 In each case, the Goods must be returned with proof of purchase, in the same condition in which you received them, in the original packaging and at your own cost and risk (unless the relevant Goods are defective, in which case clause 12.4 applies).
12.6 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
12.7 The provisions of clauses 11 and 12 are in addition to your statutory rights, which remain unaffected.
13. Liability13.1 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.
13.2 If you are contracting as a consumer, our liability for losses you suffer 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 foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
13.3 If you are contracting as a business, our liability for any claim for loss or damage shall be limited to the purchase price of the Goods you purchased.
13.4 This does not include or limit in any way our liability:
13.4.1 for death or personal injury caused by our negligence;
13.4.2 under section 2(3) of the Consumer Protection Act 1987;
13.4.3 for fraud or fraudulent misrepresentation; or
13.4.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
13.5 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
13.5.1 loss of income or revenue;
13.5.2 loss of business;
13.5.3 loss of profits or contracts;
13.5.4 loss of anticipated savings;
13.5.5 loss of data; or
13.5.6 waste of management or office time,
however arising and whether caused by tort (including negligence), breach of contract or otherwise. 13.6 Where you buy any Goods from a third party seller through the Website, the seller's individual liability will be set out in the seller's terms and conditions.
14. Import Duty14.1 If you order Goods from our site for delivery outside the UK, they may be subject to import duties and taxes, which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
14.2 Please also note that you must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable for any breach by you of any such laws.
15. Fraudulent MisstatementsWe 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.
16. Written CommunicationsApplicable 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.
17. NoticesAll notices given by you to us must be given to Barratts Trading Limited at the postal address given in clause 2 or to the email address firstname.lastname@example.org 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 Condition 16 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.
18. Transfer of Rights and Obligations18.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
18.2 You may not transfer, assign, charge or otherwise dispose of this Contract, or any of your rights or obligations arising under it, without our prior written consent.
19. Force Majeure19.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
19.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
19.2.1 strikes, lock-outs or other industrial action;
19.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
19.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
19.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
19.2.5 impossibility of the use of public or private telecommunications networks; and
19.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
19.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
20. Waiver20.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of the Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
20.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
20.3 No waiver by us of any of the Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Condition 17 above.
21. SeverablilityIf any of the Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such Condition or provision will, to that extent, be severed from the remaining Conditions and provisions which will continue to be valid to the fullest extent permitted by law.
22. Entire AgreementSave as expressly provided in the Conditions:
22.1 the Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing;
22.2 we each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other to be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in the Conditions; and
22.3 neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in the Conditions.
23. Our Right to Vary These Conditions23.1 We have the right to revise and amend the 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.
23.2 You will be subject to the policies and 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 Dispatch 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).
24. Miscellaneous24.1 We take care to ensure that the information on the Website is accurate and complete. However, we do not warrant that this is the case nor that your use of the Website will not result in any damage or virus. You should verify the accuracy of any information before relying on it. Subject to Condition 13 above, we do not accept any liability arising from any inaccuracy or omission in any and/or all of the information provided on the Website for any and/or all damage or viruses caused by your use of the Website.
24.2 We are not responsible for any and/or all of the content of any third party websites which are linked to the Website.
24.3 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 (the "IP") are owned by or licensed to Barratts.
24.4 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 expressly forbidden.
25. Law and JurisdictionContracts 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 non-exclusive jurisdiction of the courts of England and Wales.
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