Barker Moss

T&C

Terms and Conditions

LEGAL STATEMENT

This website (“Website”) is managed and maintained by Barker Moss (the “Company”), and remains the property of the Company. It has been compiled and created to provide information to users of this Website, and to communicate and educate Website visitors about the products and services provided by the Company. The content contained within this Website is covered by copyright. Permission is granted for downloading displayed material on this Website for the purpose of non-commercial use, and personal use only. Distribution, modification, transmission, re-use, reporting, or use for commercial purposes, of the Website text, audio, photographic images, and video, is strictly prohibited, unless prior written permission has been sought from and granted by the Company.

All access to the Website, and use thereof, is subject to terms and conditions (“Terms and Conditions”) laid out herein. Your use of the Website, by access and browsing the content contained within, is considered your acceptance of these Terms and Conditions, in their entirety, without moderation, limitation, qualification or alteration, regardless of other agreements you may have with the Company.

TERMS & CONDITIONS

1. All content, text, images, audio and other material contained within this Website is protected under copyright, intellectual property rights, and is subject to trademark protection under the name of the Company. Permission is granted for users to view the Website content online via computer screen or other internet-enabled device, store content on private hard drives as necessary in electronic format. Permission is also granted for printing one copy of the relevant Website content for personal use, provided no modifications are made that would affect the copyright, or permission granted under proprietary notice.  Otherwise, no content from the Website may be modified, copied, reproduced, distributed, or used for commercial purposes or gain, without first obtaining written permission from the Company.

2. While the Company makes every effort to ensure the content and information contained on the Website is up-to-date and correct, the Company does not make a declaration to the effect of accuracy. The Company will not be held liable for errors or omissions contained in this Website.

3. You accept liability for use of this Website as your own, and the Company accepts no liability for events beyond their control that arise from your use of this Website. The Company, which includes third parties involved in the creation, production and distribution of the Website, does not accept liability for any issues, either direct, indirect, significant or subsidiary, which includes any claim for punitive damages, experienced by you through the use of this Website. The Company provides that information and content available for public use through the Website is provided ‘as is’, and is not covered by protection or warranty, expressed or implied. This further includes warranties and statutory rights relevant to merchantability, the concept of fit-for-purpose, or non-infringement rights. The Company further accepts no liability for technological problems, including damage to or virus infection, of your computer or internet-enabled device, rising from your use of the Website, downloading of materials, or other access.

4. Your communication with the Company through this Website, which includes the transmission of electronic mail, and covers all communication data including, but not limited to, the sending of questions, comments, suggestions, and general data, will be considered non-confidential by the Company and not covered by proprietary notice. Therefore, the Company retains the right to use ideas, suggestions, comments, knowledge, experience, or other content not described herein for any purpose, which comprises, but is not limited to the development, manufacture, marketing and advertising of products arising from said communication.

5. The Company aims to provide a high standard of service at all times, but accepts no liability for service issues arising with the Website. No guarantee is attached to the Website in terms of reliability of service. Where a fault is discovered with the Website, you should report it to the Company for their information and action. Furthermore, access to the Website may be restricted, the Company takes no liability for content, material, access issues or any other concern relating to third party websites, or any website other than their Website.

CONFIRMATION OF ORDER AND PRICING

Orders made to the Company have to be confirmed in writing. The Company will not accept liability for errors, omissions or mistakes which occur through consultation or order by telephone, which is not subsequently confirmed in writing. The prices charged on the Website will be the price quoted at the time of order placement. Quotations provided will remain valid for 6 weeks from the first date of the quotation. All quotation prices include VAT if applicable and shipping costs within the UK.

Upon receipt of your written order, the Company will provide you with a proforma invoice that will include details of that order, along with specifications of the items requested. The Company requires that you review the invoice to ensure accuracy prior and confirm this in writing before they proceed. Failure to do this will render any subsequent claims invalid.

Once approved, the proforma invoice will become the agreement laid out between you and the Company for that order only. It will supercede and render obsolete any and all previous correspondence, either verbally or in writing (which includes electronic email) engaged in by you and the Company. This includes negotiations, prior arrangements, understandings, and other agreements that were made prior to the final order agreed to on the proforma invoice. Your acceptance of the proforma invoice becomes your agreement that you accept the contents of the proforma invoice as the full and complete order, entered into by you and the Company, and that you do not expect or require additional items not contained or set out within that proforma invoice, regardless of previous discussions, direct or implied.

If any changes are subsequently requested, we will try to accommodate these but cannot guarantee this. Price and delivery are very likely to change

The drawings, illustrations and other material contained in the Website, catalogues, brochures, or other advertising and marketing material, which are used by the Company to illustrate the goods for sale, should not be considered exact illustrations and should be regarded as a guide to the item only. These images and drawings do not form any part of the contract entered into between you and the Company.

PAYMENT

The Company requires a 50% deposit for all orders placed prior to beginning work. The balance for each order shall be due two weeks prior to the dispatch of the goods.  All orders made with the Company are payable in full prior to delivery of the goods. Where the Company experiences a delay in receiving your payment, either of the deposit or the balance, they withhold the right to delay the delivery date of your order if necessary.

Payment methods should be by bank transfer (BACS). Cheques are acceptable forms of payment, but will incur an additional clearing time prior to starting manufacture.

HANDMADE PRODUCTION

We believe that the many traditional skills and techniques used to make the Company products add to the beauty and individuality of each piece. If you require a higher level of uniformity or finish than these techniques may allow, please discuss your requirements with us before confirming your order.

WOOD FINISHES

Products made by the Company are created, painted and distressed as applicable, by hand. Wood finish samples are available to you on request, but it should be noted that these are intended as a guide only. Two pieces are never the same and vary considerably in character, gloss and wood tone. While the Company aims to provide as close a match as possible, they do not guarantee an exact match.

The Company also requests that where two or more items are intended for the same room, they are ordered together. This affords more opportunity for getting the colour and shading matched as closely as possible.

Wood samples made available by the Company are valid for 6 months. It is requested that you contact the Company to obtain a new wood finish sample if you intend placing an order after that period. Failure to do so may result in your finished product having a different shade, material type or colour.

While the Company aims to ensure that photography and other images contained on the Website, in the catalogue, or any other material where visual representation of their products is made, are accurate and up to date, variations are possible.

All Company pieces are handmade and painted by hand; and so variations in colour may occur. Where variations in colour, wood finish, material or other natural causes occur, the Company accepts no liability.

BRANDING

Products created by the Company may bear the Barker Moss logo. Any requirement for unbranded products should be discussed with the Company prior to confirming your order.

 

BESPOKE DESIGNS & REPRODUCTION.

If a client provides the Company with a drawing or an image of a piece of furniture to be reproduced, we will make every attempt to be as accurate as possible when undertaking the task however a perfect reproduction cannot be guaranteed unless we have the item to be reproduced physically in our workshop.

Furthermore, the Company will not be held liable for any reproduction made that contravenes any patents or other trademark or copyright. Establishing permission for any copying or reproduction is the sole responsibility of the client. If made aware, the Company will refuse to accept any orders which contain products with registered patents, trademarks or copyrights.

It is the sole responsibility of the client to inform the Company prior to the order being confirmed if a product specified has any patents, trademarks or copyrights; or if the client has any intention to own the rights of the design provided to Company. By entering the Contract with the Company, the client agrees that the Company can photograph, distribute and sell the finished product without paying any design fees or commission on the products made by the Company.

All quotations provided by the Company are done so on the premise that the designs specified are patent free and will be owned by the Company after production has been completed. Failure to inform the Company of any patents, trademarks or copyrights; or any attempt to claim design rights on pieces already produced and completed by the Company, will be subjected to a 400% surcharge on the price paid on the product in question.

LEAD TIME 

The anticipated lead time will be stated on the proforma invoice. Where you wish to place an order with a time sensitive delivery date, please contact the Company in advance to discuss your requirements. The Company will endeavor to meet your timescale.

The lead time is applicable only once the deposit is paid.

All lead times provided by the Company are offered in good faith. They are not legally binding and do not form part of the contract or guarantee. Furthermore, depending upon the nature of the order, they should be considered approximates only.

DELIVERY

All Barker Moss products are carefully checked and packed before being transported. The Company will contact you prior to delivery to advise the anticipated delivery date or time. While the Company will make every effort to accommodate the client’s needs, the Company shall not be liable for delivery dates or times which do not meet client’s requests.

Upon delivery, you must inspect and sign for your order. Signing is accepted as confirmation that you have inspected your order, and that all requested items due for delivery as part of that order are present and in good condition. This very important as carriers will not accept any responsibility for items not inspected. Where a third party is left to sign for the delivery on behalf of the client, the Company shall not be held liable or responsible for any defects subsequently found that would have been found on inspection. In addition, failure to sign the delivery note as requested may render claims made against that order as invalid.

Where you fail to accept delivery, either by missing the date or for any other reason, it is your responsibility to arrange redelivery of your order at additional cost to you. An alternative may be to collect your order from an assigned collection point. The Company will not be held liable for care of orders that have already left their warehouse. It is your responsibility to ensure your items are checked and complete prior to signing for them, including where they are delivered to an assigned collection point.

PRODUCT DIMENSIONS

 The product dimensions will be detailed on the proforma invoice. These must be checked and confirmed by the customer as no liability can be accepted for errors by the customer.

QUALITY

In accordance with their standard procedures, the Company states that, on delivery, all products shall:

1. Conform with the agreed description and any detailed specification;

2. Be absent of any material defects in relation to workmanship, design and material;

3. Be of a quality that is fit for purpose and commensurate with the price.

 If the customer has reason to consider that the product does not conform to the above:

a. The customer will give notice in writing to the Company within seven days of that discovery, and provide sufficient details for the company to consider this.  The Company will be given the opportunity to examine the goods concerned if they require.

b. The customer shall (if requested by the Company) return the goods to the Company at the Company’s cost. The company shall, at its option, repair or replace the defective goods, or refund the price of the defective goods in full.

 The Company shall not be held liable for goods which do not comply with their standard procedures set out above, in the following circumstances;

a. The customer continues to make use of the goods after notifying the Company of the problem.

b. The defect arises because the customer has failed to follow any written or verbal instructions, or instructions on the Website, which related to the storage, installation, commission, maintenance, and use of the goods in questions, or where there are no such instructions laid out in the above methods, fails to take reasonable care of the product;

c. The problem has arisen as a result of the Company following the instructions, details, designs, drawings, and or specifications which have been supplied by the customer;

d. The customer alters or repairs themselves, the goods in questions, without written permission from the Company;

e. The defect has arisen as a result of wear and tear, negligence, wilful damage, unusual or inadvisable working conditions, or incorrect storage; or

f. The goods differ from their description due to necessary changes made to ensure the product complies with any necessary statutory or regulatory requirements.

Under no circumstances will the Company’s liability be greater than the amount paid by the customer.

 

WOOD MOVEMENT

 All goods provided by the Company are crafted by hand using carefully selected woods. And finished as appropriate to their intended use. The Company accepts no liability for the use of the product in unreasonable conditions and any adverse effect these may have on the product.

The wood used by the Company to build products will continue to change its moisture levels as it responds to climatic changes in its environment. Where it loses moisture, it can shrink, correcting itself as humidity rises again. This is a normal state of fluctuation and is not an issue covered by warranty.

However, the Company believes that if appropriate care is taken our products will give you long lasting satisfaction

 CANCELLATIONS               

The Company provides a skilled bespoke service, and therefore no cancellations can be accepted after manufacture has started, which will be following the statutory 7 day cooling off period.

RISK AND TITLE

The ownership of the products remains with the Company, even after delivery, until they are paid for in full. However, risk for products passes to the client on receipt of the goods. Until a client becomes the full and complete owner of the products, they may not sell or part with possession of the goods. The Company withholds the right to enter any property where the goods are being held, for the purposes of recovering those goods while ownership remains with the Company.

LIABILITY

All goods are supplied on condition that the amount of liability in relation to any defects or faults in the condition, quality, fitness for purpose or description of those goods, does not amount to a sum that exceeds the purchase price of the specific goods themselves.

EVENTS OUTSIDE CONTROL

Where events outside the reasonable control of the Company, including a Force Majeure Event, result in a failure to perform on the part of the Company, or a delay in the performance by the Company, of the obligations set out in the contract, the Company will not be held liable. Furthermore, the Company is entitled to suspend performance for the duration of the period during which the event outside their reasonable control continues, without penalty. The Company retains the right to introduce an extension of time to any contract affected by an event outside their reasonable control, for the purpose of completing and fulfilling that contract, and that period of time may be determined by the Company. The Company will commit to finding a solution to bring an end to the event outside its reasonable control, or to find a solution to fulfill its obligations under the contract regardless of the event continuing.

CONSEQUENTIAL DAMAGES.

The company does not accept any responsibility for consequential damages of any sort which might arise from customer purchase, ownership or us of their products.

NOTICES

Notices or writing given to a party, under or in connection with any contract, are to be made in writing and addressed to that party at its principal place of business, registered office, or where applicable, any other address specified to the party in writing in accord with this clause. This notice or writing must be delivered in person, or by recorded delivery, fax, electronic mail (email), pre-paid first class post, or commercial courier.

A notice or writing delivered by one of the stated methods will be deemed to have been received in the following circumstances; where it has been delivered by hand or in person, at that time of delivery; in the event it has been sent by pre-paid first class post or recorded delivery, at 10 AM on the second business day after posting; where delivery has been made by commercial courier, at the time and date signed for by the Company and recorded on the delivery receipt held by the courier; where sent by email or fax, one business day after the transmission has been sent.

This clause on notices does not apply to the service or sending of any documents or proceedings that relate to any legal action.

AMENDMENTS

The Company reserves the right to update the Terms and Conditions for legal, regulatory or any other reason. Any changes made by them to the Terms and Conditions will be posted on this page, and notified, where applicable, to customers and clients of the Company by email.

APPLICABLE LAW

These Terms and Conditions will be subject to the laws of England, Scotland and Wales. The Company will endeavor to resolve any disagreements proficiently and within good time. Where a customer feels legal action is necessary, court proceedings must be raised within the United Kingdom.

Business Address

48 East Beach

Lytham

Lancashire

FY8 5EY