Terms and Conditions
Table of Contents
Terms and Conditions of Sale and Purchase
Please read through the following Terms and Conditions of Sale and Purchase (“Terms”) carefully. They comprise the terms on which you are permitted to purchase items from Barreled Over (“us”, also referred to here as “we” or “our”) on this website (the “Website”). If you submit an order for any item advertised for sale on this Website, either by the use of the website submission forms, published email addresses or via telephone to our advertised telephone numbers this shall be taken to constitute acceptance by you of these Terms:
Formation of Contract of Sale
1. If you wish to purchase any of the items for sale on this Website, you must submit a completed written order. This can be in the form of a website submission form, an email or fax transmission. Your order will not be accepted unless we have confirmed receipt and prices with you in writing. If we agree to accept your order, we will confirm this by email (the “Confirmation”) and will supply the items you have ordered (the “Product”) to you in accordance with the Confirmation and with these Terms.
2. The sale and purchase of Products will be governed by a contract between you and us formed when you have placed an order, your order has been accepted by us and we have sent you Confirmation of this (the ‘Contract’). As soon as we confirm your order, it will enter our electronic system and we may commence manufacturing of your products immediately. The terms of the Contract will comprise these Terms, as amended or updated by us from time to time, and the prices (subject to clause 10 hereof) and other relevant information about the Products published by us on this Website at the time the Contract is formed.
3. We reserve the right to change these Terms at our discretion. We agree to ensure that a note of the date and clause number of any such changes will be included as part of these Terms. Any changes will be posted to the Website and it is your responsibility to ensure, from time to time, that you are aware of any such changes. Changes will become effective 24 hours after first posting and you will be deemed to have accepted any change.
4. You acknowledge and agree that, in entering into a Contract, you do not rely on and have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to the Contract or not) which is not expressly set out or referred to in the Contract. This is not intended to limit or exclude liability for fraud on our part.
Orders and Quotes
5. You acknowledge that:
(a) all information and specifications relating to the Products and any material produced by us are approximate only; and
(b) As wood is a natural product, the colour of the items on this Website or in our brochures may vary from the Products supplied to you under any Contract.
6. We may correct any error in any unconfirmed order, sales literature or other document or information issued by us or placed on this Website without any liability.
7. We may make any changes in the specification of the Products to conform with any applicable safety or other statutory or European Union requirements which do not materially affect their quality or performance.
Right of Cancellation
8. All our products are made to order and in most cases also require custom modifications. As such you accept that the cancellation of your order following receipt may be received after manufacturing has commenced, such we reserve the right not to accept your cancellation and the full price may still be payable.
9. (a) The price of each Product shall be the price quoted for that Product at the time of ordering and after we have confirmed this by email (the “Confirmation”), subject to any inadvertent pricing errors (whether technical or otherwise) by us, unless a special promotional price or other discounts are stated on the Website in respect of a Product.
10. (b) Where a variety of discounts apply (though promotional offers and/or personal discounts are available to you) only one discount can be used against each Product. We will always attempt to apply the most advantageous discount to you, provided you enter all discounts to which you may feel you are entitled on the order form.
11. The price of any Product excludes the cost of shipping and packaging. Any additional costs incurred for shipping and packaging will be specified in our email (the “Confirmation”). These costs will be for shipment to the delivery address you specify in your order form and that we acknowledge in our Confirmation (the “Premises”) will be your responsibility. The method of delivery and packaging applicable will be those quoted on this Website on the date of the order.
12. The stated price of the Products is inclusive of any applicable Value Added Tax at a rate of 20% increases in VAT during the course of an order will increase the price.
13. We reserve the right to revise the price of any items on this Website without notice. We also reserve the right to refuse to supply to you, whether you are an individual or a company, for whatever reason.
14. You acknowledge that each of our products is custom made to order, delays in the delivery of wood stocks, availability of specific wood types, regulations surrounding the use of certain timbers and specialist wood treatments may cause delays in the manufacturing and ultimate delivery of your product. By placing an order you accept that time can not be made an essence of any contract which may exist between us. We will endeavour at all times to supply your confirmed order as quickly as possible.
15. Payment — Terms of sale are net 14 days of the date of invoice unless otherwise stated. If your financial condition as a Buyer results in the insecurity of us as the Seller, then in our sole and unfettered discretion, as to the ultimate collectability of the purchase price, we may, without notice to you, delay or postpone the delivery of the products; and we, at our option, are authorised to change the terms of payment to payment in full or in part in advance of shipment of the entire undelivered balance of said products.
In the event of default by you in the payment of the issued invoice or otherwise, of this or any other order, we, at our option, without prejudice to any other of your lawful remedies, may defer delivery, cancel this Contract, and if the items have already been delivered to you, collect the products from you at your cost, without set-off or deduction of any kind, against the original contract purchase price, and you agree to pay the balance then due to us on demand. Buyer agrees to pay all costs, including, but not limited to, reasonable legal and accounting fees and other expenses of collection resulting from any default by Buyer in any of the terms hereof Credit card and debit card payments will be processed on the date on which we dispatch your order.
In the event of you refusing delivery or we are unable to deliver the products to the specified address we reserve the right to charge your account with any additional costs incurred as a result of your refusal to accept delivery or an inability to complete delivery.
At all times full title to the products shall remain fully invested in us until full and final payment of all invoiced balances have been paid to us.
16. Any refunds made pursuant to these Terms will be a refund of the price actually paid by you for the relevant Product and, except where specifically provided otherwise, will not include a refund of any postage, packaging or similar costs. For the avoidance of doubt, if you purchased a Product at a discount, we will refund you the discounted price.
17. The time and method for delivery will be at our discretion. The place of delivery will be the front of the Premises. Time for delivery shall not be of the essence.
18. If the Products delivered to you do not include all of the Products that you ordered in any particular order or include incorrect Products, you must inform us in writing within 14 working days from the date of delivery. If you do not, we will not be responsible for any loss or damage suffered by you as a result. In any event, our liability is limited to the price of the Products not delivered or the cost of replacing such Products.
Risk and Ownership
19. Risk of damage or loss of the Products shall pass to you on delivery or, if you fail to take delivery of the Products, at the time when we have tried to deliver the Products.
20. Title in the Products shall pass to you on only on full receipt of full payment of all outstanding balances.
21. All intellectual property and other proprietary rights (including, but not limited to, brand names, product names, copyright and trade marks) and all technical, business or similar information (including, but not limited to, all designs, documents and other materials relating to the Products) used in the Products (together “the Intellectual Property”) are and shall remain the property of us or of our licensors.
22. Other than as stated in Clauses 25 and 26 below, we do not grant permission for the use of the Intellectual Property and such use may constitute an infringement of the holder’s rights.
23. All Website design, text and graphics appearing on this Website and the selection or arrangement thereof are the copyright of us or of our licensors. Permission is granted to print once in hard copy portions of this Website for the sole purpose of placing an order with or using this Website as a shopping resource. Any other use of materials on this Website (including reproduction for purposes other than those noted above and modification, distribution, or republication in any form or media) without our prior written permission is strictly prohibited.
24. We are the owner of the Barreled Over trademarks both in unregistered and registered situations. Any other trademark materials, including, but not limited to, product names and company names or logos cited herein are the property of their respective owners.
25. If you are unhappy with any product you purchase from us, you must write to us within 7 days of receipt detailing the issues with your purchase. If we agree that the item is faulty and should be returned, then you may return it to us in its original condition and packaging within 14 working days. If the reason for the return is the result of our error, or if the item was damaged before it reached you, we will also refund the postage costs and arrange a replacement or at our sole discretion issue a refund.
26. We shall not be liable in respect of any defect in the Products arising from fair wear and tear, neglect, failure to follow our instructions, misuse or improper alteration or repair of the Products.
27. Nothing in these Terms shall exclude or limit our liability arising by virtue of the Consumer Protection Act 1987, or our liability for fraud or for death or personal injury caused by our negligence or any other liability to the extent that we cannot so exclude or limit such liability as a matter of law.
28. Save as expressly provided in these Terms, and except where the Products are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), the Products are provided on an “as is” basis and all warranties conditions terms and liabilities express or implied by statute or common law are excluded to the fullest extent permitted by law and we will not be liable to you for any loss of any kind whatsoever which arises out of the breach of implied warranties or conditions or breach of any other duty of any kind imposed on us by operation of law.
29. We will not be liable for any of the following losses which may arise by reason of any breach of a Contract or any implied warranty, condition or other terms, any representation or any duty of any kind imposed on us by operation of law:
(a) any loss of anticipated profits or expected future business;
(b) damage to reputation or goodwill;
(c) any damages costs or expenses payable by you to any third party;
(d) loss of any order or contract; or
(e) any loss that was not foreseeable by you and Barreled Over at the time our Contract was formed; or
(f) Any loss not caused by any breach on the part of Barreled Over.
30. Without prejudice to any other provision of these Terms, we will not be in breach of the Contract for any delay in performing, or failure to perform, our obligations under it if that delay or failure was due to any cause or circumstance beyond our reasonable control. This clause does not affect your statutory rights.
31. We are providing the Website on an “as is” basis and we make no representations or warranties of any kind with respect to the Website or its contents and disclaim all such representations and warranties.
Withdrawal and Use of Products
32. We may withdraw from the market any Products that we produce or generally supply without prior notice, or liability, to you.
33. If we provide you with information about the use for which the Products are designed and about any conditions necessary to ensure that the Products will be safe, then you must use the Products accordingly.
34. Any notice required under these Terms must be in writing. In our case it must be addressed to our registered office or principal place of business or any other address that we notify to you from time to time whether on the Website or otherwise. Any notices to you will be sent to your usual billing address.
Any notice shall be deemed to be served:
(a) if sent by pre-paid first class post to the party to whom it is given, on the second working day after posting; or
(b) if sent by pre-paid air-mail post to the party to whom it is given, on the seventh working day after posting; or
(c) if sent by fax or email to the recipient’s fax number or email address at the date and time given on the sender’s transmission acknowledgement record or (in the case of manifest error or loss of the record) on receipt.
35. If any of these Terms is held by any competent authority to be unlawful, invalid or unenforceable in whole or in part then the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected and shall continue to be valid and enforceable to the fullest extent permitted by law.
36. Each Contract shall be governed by English and Welsh law and the parties submit to the exclusive jurisdiction of the English and Welsh Courts if there are any disputes between them of any kind.
37. Failure or neglect by either party to enforce at any time any of these Terms shall not be a waiver of that party’s rights and it shall not affect the validity of the whole or any part of these Terms or the Contract or prejudice that party’s right to take subsequent action.
38. Nothing in these Terms is intended to confer on any third party any benefit or any right to enforce any of these Terms.
Website Terms and Conditions
The term ‘Barreled Over’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is Barreled Over, 34 East Rd, Oakfield, Cwmbran NP44 3DW The term ‘you’ refers to the user or viewer of our website.
The content of the pages of this website is for your general information and use only. It is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
This website and its content is a copyright of the Barreled Over – © Barreled Over 2022. All rights reserved.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
You may print or download to local hard disk, extracts for your personal and non-commercial use only
you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material
You may not, except with our express written permission, distribute
or commercially exploit the content. Nor may you transmit it or store it on any other website or another form of electronic retrieval system.
We at Barreled Over believe in making our website accessible to all users regardless of ability or disability. If you find you are having difficulty browsing the content on this website, then please call us on 0788 2287969 where we will be more than glad to help.
How to navigate and view this site
This site is configured to meet accessibility standards set out by the Equality Act 2010 and the Web Content Accessibility Guidelines (W.C.A.G. version 2) by the Web Accessibility Initiative (W.I.A.).
Page navigation is supported for keyboard users and for speak aloud software such as HAL, Jaws, and Windows Eyes. Also, a ‘Skip to content’ link can be accessed by tabbing.
Most desktop PC and most modern mobile browsers and tablets are supported
Supported PC / MAC browsers:
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- Microsoft Edge 13
- Mozilla Firefox
- Opera 9+
- Google Chrome
- Apple Safari
Supported mobile browsers:
- Opera Mini
- Apple Safari
The last update to these terms and conditions was made on 04/05/2022