These Terms and Conditions shall apply to any contract for sale between you the customer and Barnitts Limited. Please read through the Terms and Conditions carefully and if you have any enquiries which are not answered below please contact us on 01904 629429. Nothing contained within these Terms and Conditions will affect your statutory rights as a consumer.
Acceptance of orders
The technical steps required to create the contract between you and us are as follows:
Non acceptance of orders
We may not be able to complete your order, or part of your order, due to one of the following reasons:-
If there are any problems with an order, you will be contacted by one of our Customer Services Advisors.
We will take all reasonable care to ensure that all details images and prices of products appearing on this website are correct at the time when the relevant information is entered onto the system. Although we aim to keep the website as up to date as possible, information appearing on this website at a particular time may not always reflect the exact situation at the moment you place your order. Please note that in the case of lighting, light bulbs are not included unless otherwise stated.
Offensive Weapons Act
Under the Offensive Weapons Act, it is an offence to sell knives, knife blades or any other product that may be perceived as an offensive weapon to persons under the age of 18. These products are only available for customers aged 18 or over. Customers should not order these items for persons under 18.
By placing an order on our website, you agree to our Terms and Conditions of sale and hence confirm that you are over 18 years of age and can legally purchase products covered by the Offensive Weapons Act.
Intoxicating Substances (supply) Act 1985
Under the Intoxicating Substances (supply) Act 1985, it is an offence to sell Solvents or any other product that may contain intoxicating substances to persons under the age of 18. These products are only available for customers aged 18 or over. Customers should not order these items for persons under 18.
By placing an order on our website, you agree to our Terms and Condition of sale and hence confirm that you are over 18 years of age and can legally purchase products covered by the Intoxicating Substances (supply) Act 1985.
Sale of Fireworks
Fireworks are available to purchase online for collection in store, or for home delivery to local addresses only. A valid photo ID, Proof of Address and a printed copy of your Order Acknowledgement must be supplied when collecting/delivering your fireworks. Failure to provide a valid ID or proof of address will result in the order being cancelled and payment refunded. The delivery address must match the card address used to place the order. We withhold the right to refuse the sale of fireworks to any person.
Payment & Pricing
We accept payment by any of the following cards:-
Prices include VAT at 20% and exclude our delivery charge unless otherwise stated.
Prices offered on the website may not necessarily reflect prices on the same products in our stores. Whilst care is taken to ensure that prices are accurate at the time of entry on to the website, we reserve the right to alter prices at any time prior to you placing your order with us.
We reserve the right to offer special website prices exclusively to our online customers.
Dispatch of items
We pride ourselves on our rapid service and aim to dispatch all orders promptly. If the item is in stock, we will endeavour to ensure delivery to you within 5 days of your order. If the item is currently out of stock we will contact you by telephone or email. If, for any reason your item does not arrive within 10 working days of the date of our email confirming dispatch, please contact us on 01904 629429 or by email at firstname.lastname@example.org
Where items ordered are not received by the date provided to you for delivery, or in any event within 30 days of the date of our acknowledgement of our order, you may cancel your order in accordance with the Terms and Conditions of cancellation set out below. In such event we will refund your payment to us in full, including delivery costs.
When we are unable to provide the item ordered because it is no longer available to us, you will be contacted by a Customer Sales Advisor. Please note that we will not automatically provide a substitute item.
Couriered delivery requires a signature, couriers are not authorised to leave parcels unattended for security reasons.
Risk in the item will pass to you on delivery. Please make sure that you check your items carefully before you use them. Please notify us immediately of any items found to be missing or damaged in transit. We recommend that you keep your receipt, packaging and order number, which can be found on your confirmation email or on the order invoice that comes with your delivery, because you might need it as proof of purchase in the event of any after-sales enquiry.
To place an order you will be asked to provide a valid email address so that we can send a confirmation email as soon as your order has been dispatched. This helps you to know when your delivery will be made. The cost of delivery ranges from £3.49 to £6.99 depending on the size, weight & volume of your order.
Delivery to gift address
We do offer a gift address service but certain items sold on our website may in certain circumstances have to be delivered to the cardholders address for security and insurance reasons. In this event, you will be contacted by a Customer Sales Advisor.
Direct delivery by Suppliers
Certain items sold on our website are delivered direct from our suppliers. Lead times for these items do vary from 7 workings days up to 28 days. Please be aware that certain direct deliveries can only be delivered to mainland UK addresses.
We arrange delivery through various couriers depending upon the location and item to be delivered. This may mean that where more than one item is ordered, items may be delivered separately. In the event that you are not home at the time of delivery, a card will be left. You can then either wait for the second delivery attempt (usually the next working day) or telephone the courier number to make an arrangement to collect from their local depot at a convenient time.
If we are still unable to make a successful delivery after two attempts, your order will be held at a local depot for 5 working days, after which your order will be returned to our warehouse. You may then request the order to be re-delivered at an extra delivery cost, or cancel your order in accordance with the Terms and Conditions of cancellation set out below.
In certain circumstances, such as traffic accidents, extreme weather conditions failure on the part of our supplier, or unforeseen technical or other problems beyond our control, we may be unable to fulfil your delivery in accordance with these terms. For such exceptions, we may require additional time and effort to fulfil the delivery. If this occurs, we will make our best efforts to deliver your order as soon as we possibly can, or you may opt to cancel and receive a full refund.
General terms of delivery
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.
Returns, Cancellations and Refunds:
(a) Distance Selling Regulations
All sales via our website are subject to the Consumer Protection (Distance Selling) Regulations 2000 ("the Distance Selling Regulations"). In accordance with the Distance Selling Regulations you have a right to cancel your order (subject to the exceptions listed below) at any time up to seven days from the date of delivery to you, and to receive a full refund, including the costs of delivery. Your notice of cancellation must be in writing and sent to email@example.com
It is your responsibility to ensure that, prior to returning an item to us, you have taken all reasonable care of it, including in transit when returning the item(s).
Where a refund is requested, we will refund in full your payment to us, including delivery costs in the case of faulty goods or items delivered which do not match the item ordered, the refund will include the costs of return relating to the delivery of the item(s) returned. Please note that in the event that more than one item is delivered you will be entitled to a refund of the delivery costs relating to the returned item(s) only.
Any refund, in accordance with the Distance Selling Act, will be made within a maximum of 30 days from receiving your cancellation in writing
(b) Exceptions to your right to cancel
Unfortunately we cannot accept the return of items which are:-
(c) Cancellation of pre-order items
All pre-order items require immediate payment to ensure your item(s) are reserved. You have the right to cancel your order at any time up to your order being dispatched, and to receive a full refund, including the costs of delivery. If you do not inform us of cancellation before dispatch, and your order is delivered to you, any costs incurred in returning your order will be deducted from your refund.
Our Returns Policy
In addition to the terms set out above you may, by writing to firstname.lastname@example.org request:-
(a) delivery of a missing item
(b) replacement or repair of a faulty or damaged item
(c) cancellation of an order and refund
You must contact us as soon as possible, and in any event no later than 21 days from the date of our email confirming dispatch of the item. Items returned after seven days from the date of delivery must be unused and in the original packaging.
All items must be returned to us at your own cost. In the case of heavy and/or bulky items, or in certain other circumstances, we will, by prior appointment collect the item(s). Please contact us on 01904 629429 or email email@example.com to arrange collection. A charge will be made for collection. We advise that all items are returned in the original packaging and that you obtain a receipt for postage.
When an item is returned to us we will assess it for damage to the item and/or packaging. If we find that the item is damaged or unsuitable for resale we reserve the right to take steps to recover costs of any damage caused.
Limitation of Liability
We shall have no liability where items are not used by you in accordance with all applicable legislation, regulations, instructions for use and for the purpose for which they are designed. You are responsible for obtaining any necessary permissions or permits relating to items purchased from the website.
We shall have no liability for items not delivered where you have not notified us of missing items or, where you are unable to accept delivery of an item when delivered in accordance with the Terms on delivery as set out above.
We shall have no liability (except as precluded by law) for any indirect or consequential loss, damage or expense, howsoever incurred, and we shall have no obligation to pay any sum of money to you by way of compensation other than to provide a full refund as set out in these Terms
Nothing in these Terms and Conditions is intended to limit in any way any right which you may have as a consumer under applicable law or other statutory rights which may not be excluded, nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
In the UK WEEE regulations a distributor is defined as ‘any person who provides electrical and electronic equipment on a commercial basis to the party who is going to use it'.
Distributors who supply new EEE have an obligation to ensure that WEEE from private households can be returned to the system free of charge.
Barnitts Limited are fulfilling their distribution obligations as a member of the WEEE distributor take back scheme and is providing consumer information through https://www.recycle-more.co.uk/ in accordance with the Waste Electrical and Electronic Equipment Regulations.
The bank locator, including facilities for the collection of WEEE, has been an extremely successful feature and is now supporting the government's own recycling brand, Recycle your old electrical items NOW.
These Terms and Conditions together with the information provided on our website set out the whole agreement relating to the supply of goods to you. Nothing said by any Sales Advisor or other representative on our behalf should be understood as a variation of these Terms and Conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
If any part of these Terms and Conditions is found to be unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these Conditions will not be affected.
Law and Jurisdiction
The validity, construction and performance of the contract made under these Terms and Conditions shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts.
For the purposes of the Contracts (Rights of Third Parties) Act 1999, this is not intended to and does not, give any person who is not a party to it any right to enforce any of the provisions of these Terms and Conditions.
All information provided by you to us will be treated as confidential and stored on a secure server. We will comply at all times with our obligations under the Data Protection Act 1998 and all consumer legislation in force from time to time.
Our registered office
Barnitts Home & Garden, 24/26 Colliergate, York, North Yorkshire, YO1 8BW.
Telephone: +44 (0)1904 625601
Facsimile: +44 (0)1904 624975
Barnitts Limited trading as Barnitts Home & Garden is a VAT registered company
In the UK: 168841233
Place of Registration: York
Company Registration Number: 129307