Duck Barn Limited - Terms and Conditions
1.1.“Buyer” means the individual or organisation that buys or agrees to buy the Goods from the Seller;
1.2. “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3. “Contract” means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.4. “Goods” means the articles that the Buyer agrees to buy from the Seller;
1.5. “Seller” means Duck Barn Limited T/A Duck Barn Interiors;
1.6. “Terms and Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
2.1. Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2. These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3.1. All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
3.2. Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days.
4. PRICE AND PAYMENT
4.1. The price of the Goods shall be that stipulated on the Seller's website. The price is inclusive of VAT. Delivery charges are charged separately.
4.2. The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.
4.3. After the order is received the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel if the Buyer is a Consumer.
4.4. Payment of the Price plus VAT and delivery charges must be made in full before dispatch of the Goods.
5. RIGHTS OF SELLER
5.1. The Seller reserves the right to adjust the price and specification of any item on the Website at its discretion.
5.2. The Seller reserves the right to withdraw any goods from the Website at any time.
5.3. The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
6. AGE OF CONSENT
6.1. Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.
6.2. If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice
7.1. The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.
8.1. Goods supplied within the UK will normally be delivered within 1 – 5 working days of acceptance of order. Where items are out of stock the Seller shall immediately inform the Buyer and advise of estimated delivery date.
8.2. Goods supplied outside the UK will normally be delivered within 30 working days of acceptance of order. Some items may not be eligible for delivery outside of the UK such as furniture and larger, bulky or fragile items.
8.3. Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
8.4. The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
8.5. Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
8.6. Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
9. CANCELLATION AND RETURN
9.1. The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller by emailing email@example.com within 5 working days of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
9.2. Where a claim of defect or damage is made, the Seller shall be responsible for the recovery of the Goods from the Buyer. The Buyer shall be entitled to a full refund (including delivery costs) if the Goods are in fact defective.
9.3. If you are a consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing the Seller by emailing firstname.lastname@example.org within 5 working days of receipt of the Goods.
9.4. Goods must be returned by the Buyer at the Buyer’s expense and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return postal charges within 30 days of cancellation. If the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer.
9.5. Goods to be returned must be notified by emailing email@example.com for further instructions. The goods must clearly show the order number obtained from the Seller on the package and should be returned within 28 days.
9.6. Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.
9.7. All return items must resellable in 'as new' condition, therefore they must be in the original wrappings and unused and unassembled (if applicable). Please ensure when unwrapping the item to keep the packaging intact. This is also essential in preventing the item being damaged on its return. Responsibility for items damaged during return because of inadequate wrapping lies with the Buyer. We regret that under no circumstances can we accept returns that do not have their original packaging.
9.8. Some of the larger items which can only be returned by courier due to their size may incur a charge of £15 towards the return. We will arrange the collection and return for you but you are also free to arrange your own return if you would prefer.
10. LIMITATION OF LIABILITY
10.1. Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
10.2. Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.
11.1. No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
12. FORCE MAJEURE
12.1. The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
13.1. If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
14. AFTER SALES
14.1. Wherever possible we will ensure that you are completely satisfied with the item purchased and in the case of faulty or unsatisfactory goods, will repair, replace, or offer a refund as quickly and efficiently as possible. Some items will be subject to a manufacturer's warranty and the terms of such warranty will apply to the sale. Please be aware that in some circumstances the manufacturer's warranty will mean that we are required to return the item to the manufacturer for repair.
15. SOCIAL MEDIA COMPETITIONS/GIVEAWAYS
15.1. The closing date is stated on each individual prize draw or competition.
15.2. Only one entry per prize draw/completion, per person.
15.3. All prizes are subject to availability and Duck Barn Limited reserves the right to replace the prize with an alternative product or colour of equal or higher value if necessary at the promoter’s discretion.
15.4. No purchase necessary.
15.5. Prize draws and competitions are only open to UK residents aged 18 years or over.
15.6. Winner(s) will be selected at random after the closing date from all entries received. The Judges’ decision is final and no correspondence will be entered in to.
15.7. Winner(s) will be notified by direct message, email or telephone (using the details provided at entry) within 6 (six) weeks of the closing date. Following such notification, the winner will be required to send Duck Barn Limited full details of their postal address to which the prize will be delivered (if applicable).
15.8. If Duck Barn Limited cannot (i) contact the winner (via the details provided at the date of entry) within a reasonable period of time (to be established at Duck Barn Limited’s sole discretion); or (ii) the winner does not return details of its postal address to Duck Barn Limited within 14 days of notification that they have won the Prize, Duck Barn Limited reserves the right to re-draw a winner of the competition and thereafter a winner on these terms is found.
15.9. Please allow 28 days for delivery of the Prize. Duck Barn Limited accepts no responsibility for the Prize being lost, damaged or delayed in the post.
15.10. By entering any Duck Barn Limited social media or online prize draws and competitions, you agree to have your name, details and photo (where applicable) published online or on social media platforms.
15.11. Unless otherwise stated, the promoter is Duck Barn Limited, PO Box 403, Billingshurst, West Sussex, RH14 4BR.
16. CHANGES TO TERMS AND CONDITIONS
16.1. The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
17. GOVERNING LAW AND JURISDICTION
17.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English courts.