Terms and Conditions
Introduction
Please read these Terms and Conditions carefully before using this website. By accessing or using the THE BBQ BARN LTD website you agree to be legally bound by these Terms and Conditions, as they may be modified and posted on the website from time to time.
Prices
Prices listed are in £GBP and are inclusive of VAT. Delivery costs (if applicable) will apply separately. THE BBQ BARN LTD may change the advertised price of a Product at any time. The price you pay will be the price in force at the time of your order. The price on your order will be validated by the THE BBQ BARN LTD as part of the acceptance procedure. THE BBQ BARN LTD try to ensure prices displayed on the website are correct at all times. Should a pricing error arise, THE BBQ BARN LTD will inform you if a product's correct price is higher than that stated on your order and you may choose to either proceed with or cancel the order. Payment is usually by credit or debit card and is taken when the Order is placed in line with the price featured at the time of purchase and any applicable Delivery charges. This is to protect the THE BBQ BARN LTD from card fraud. If your Order is accepted, THE BBQ BARN LTD will confirm acceptance to you by online electronic means ("Confirmation) to the email address you have given on the Order. The Order will then be fulfilled around the estimated date set out in the Confirmation or, if the Confirmation does not contain such a date, within 30 days. If you do not receive a Confirmation email, please contact the THE BBQ BARN LTD to ensure your Order has been accepted. You undertake that all details you provide for the purpose of purchasing Products or services which may be offered on the website will be correct, that the credit or debit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any Products or services.THE BBQ BARN LTD reserve the right to obtain validation and verification of the authenticity of your credit or debit card details before providing you with any Products or services. You can pay for your shopping in a number of ways, whether it is on-line or over the telephone. THE BBQ BARN LTD accept Mastercard, Visa, Switch, Solo, Delta or Maestro. On-line order payment is processed via the THE BBQ BARN LTD secure payment system. In the case of card payments, funds are taken at point of order.
Availability
All Products depicted on this website (as may be varied from time to time) are available almost everywhere in mainland UK, and by special arrangement to the Channel Islands, Isle of Wight, Isle of Man, Scottish Isles or Highlands and internationally. All Products are subject to availability. If the Product you order is unavailable, THE BBQ BARN LTD may provide to you a substitute of an equivalent quality and price without notice ("Substitute Product). In the event that THE BBQ BARN LTD are unable to supply the Product or any Substitute Product to you at all, THE BBQ BARN LTD shall notify you as soon as possible and shall reimburse your payment in full. THE BBQ BARN LTD reserve the right not to supply you at their discretion.
Arranging and Anticipating Delivery
THE BBQ BARN LTD Delivery Guarantee refers to deliveries within most of mainland UK (England, Scotland and Wales) destinations. Deliveries to the Channel Islands, Isle of Man, Isle of Wight, BFPO (British Forces Post Office) addresses, Orkney, Shetland, Scottish Isles and some areas/post codes in mainland Scotland and international orders will incur an extra Delivery charge and will possibly incur an extended lead time. Due to the nature of external contract Delivery, additional Delivery charges are outside their control and the Company will not be held responsible for such costs. By agreeing to the terms and conditions you are also agreeing to accept additional Delivery charges should your postcode/area necessitate these. You are also agreeing to be bound by all terms and conditions that delivery companies which are associated with the THE BBQ BARN LTD abide by. These can be obtained by the companies own individual websites. Any times or dates stated on the website or confirmation emails regarding Delivery are estimates only. Orders received on Saturdays, Sundays or public holidays and Orders received after 1pm on weekdays, will be processed the next working day. THE BBQ BARN LTD do not normally deliver on Saturdays, Sundays or public holidays. Whilst THE BBQ BARN LTD agree to use all reasonable endeavours to ensure that Delivery is made around the Delivery time advertised, you will acknowledge that actual Delivery is often via third party suppliers and carriers and can therefore be beyond their control. Incorrect personal details may lead to problems or delays in Delivery, so before placing your Order, please ensure that you have included the full address details, including accurate postcode of the Delivery address and your daytime contact telephone numbers and e-mail address so THE BBQ BARN LTD can notify you in the event of a Delivery problem.
When the Delivery arrives
Items arriving on a pallet will be delivered to the address kerbside or nearest door/access point if this is logistically possible and under the discretion of the delivery driver. THE BBQ BARN LTD uses external delivery companies and therefore cannot expect (and is not the responsibility of) delivery personnel to assist with the moving and handling of your item into houses, doorways, outbuildings or garages etc. When ordering bulky items, please ensure you have the means to handle these items when delivery is received and that you are able to dispose of the packaging material appropriately. Delivery will be deemed as successfully made once the Product has arrived at the address specified. Signatures are usually required as proofs of delivery but confirmation procedures are ultimately decided by third party organisations. Products may be left at the Delivery address without the Recipient's permission except where third party suppliers require signed confirmation or the Recipient has expressly requested Products not be delivered in their absence. All goods must be signed for by an adult aged 18 years or more. Products will be deemed your responsibility once they have been received by you, your agent or the intended recipient. Any loss or damage to the Products shall then be at your own risk. In case of Delivery to certain locations such as hospitals, airports, hotels, ships and other business premises, the signature of any person authorised to accept Delivery on behalf of the organisation shall be accepted as proof of Delivery. Should Delivery be refused at the Delivery address, and re-requested for another date, THE BBQ BARN LTD may charge for the second Delivery, since THE BBQ BARN LTD the Delivery obligations were met with the initial Delivery attempt. It is the Recipient’s responsibility to sign for the correct number of packages as shown on the carrier's Delivery consignment note. Shortages must be noted on the consignment note where possible. You should notify the THE BBQ BARN LTD of the shortages within 10 days of Delivery. If boxes look damaged on Delivery THE BBQ BARN LTD recommend the contents are inspected before accepting and signing the Delivery note.
Cancellations and returns
THE BBQ BARN LTD endeavour to provide the best Customer Service possible. Should anything go wrong, all efforts will be made to resolve the issue. Please refer to our Returns policy to be found at the footer on the site.
General
THE BBQ BARN LTD may assign, transfer, novate or subcontract any or all of their rights and obligations under these Terms and Conditions at any time. THE BBQ BARN LTD may alter these Terms and Conditions from time to time and post the new version on the website, following which all use of the website will be governed by that version. You must check the Terms and Conditions on the website regularly.
These Terms and Conditions together with the privacy policy, any Order form and payment method instructions, if any, are the whole agreement between you and the THE BBQ BARN LTD. You acknowledge that you have not entered into this agreement in reliance upon any statement, warranty or representation made by the THE BBQ BARN LTD or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these Terms and Conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the Terms and Conditions, privacy policy, Order form and payment method instructions. If any provision or terms of these Terms and Conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other Terms and Conditions and shall be deemed to be deleted from them. These Terms and Conditions and your use of the website are governed by English law and you submit to the non-exclusive jurisdiction of the English court. Except in respect of a payment obligation, neither you nor THE BBQ BARN LTD will be held liable for any failure to perform any obligation to the other due to causes beyond your or THE BBQ BARN LTD respective reasonable control. Failure or delay by either party enforcing an obligation or exercising a right under these Terms and Conditions does not constitute a waive of that obligation or right.
These Terms and Conditions do not confer any rights on any person or party (other than you and/or the THE BBQ BARN LTD) pursuant to the Contracts (Rights of Third Parties) Act 1999.
Contact details
All notices shall be given:
• To the THE BBQ BARN LTD via email at; info@bbq-barn.co.uk
• To the THE BBQ BARN LTD via post at; 145 STATION ROAD
SIDCUP
DA15 7AA
Or
To you at either the email or postal address you provide during any Ordering process. Notices shall be deemed received when an email is received in full by 5pm (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.
Modifications to website
THE BBQ BARN LTD reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of the website or the content or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content shall be subject to these Terms and Conditions. Please note that although THE BBQ BARN LTD try to ensure that the content of the website is accurate, the websites may contain typographical errors or other inaccuracies. These Terms and Conditions replace all other Terms and Conditions previously applicable to the use of the website and/or sale of the Products.
Nature of the website
THE BBQ BARN LTD website is a place for you to select and Order garden, home and leisure products (the "Products). The website describes the Products in more detail. Please note that the website is available only to individuals that can form legally binding contracts under applicable law. You must be over 18 years to purchase the Products, using the payment methods displayed on the website. If you do not qualify you may not use the website.
Liability
THE BBQ BARN LTD promise that for any Product you purchase from the website:
THE BBQ BARN LTD have the right to sell the Product to you; The Product will correspond with the description THE BBQ BARN LTD has given to you; and The Product will be of satisfactory quality. THE BBQ BARN LTD also promise that any service provided to you will be provided with reasonable skill and care. Subject to the Delivery statements, THE BBQ BARN LTD shall not be liable for any delay or inability to perform the obligations to you if such delay is due to any cause whatsoever beyond their reasonable control. THE BBQ BARN LTD exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to any products (including without limitation the Products), the website or any information or service provided through the website. If THE BBQ BARN LTD is liable to you for any reason, their liability will be limited to the amount paid by you for the Product concerned. This limit does not apply to any liability THE BBQ BARN LTD may have for death or personal injury resulting from their negligence or for their fraudulent misrepresentation. The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permissible by applicable law.
Privacy
We confirm that any Personal Information which you provide to us (or which is available on public registers) and any User Information from which we can identify you, is held in accordance with the registration we have with the Data Commissioner’s Office. We use your information only for the following purposes: Processing your orders; For statistical or survey purposes to improve this Website and its services to you; To serve website content and advertisements to you; To administer this website If you consent, to notify you of products or special offers that may be of interest to you. You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and/or User Information, we are entitled to do so.
Security
You are responsible in all respects for all use of and for protecting the confidentiality of any username, email verification and password that may be given to you or selected by you for use on the website. You may not share these with or transfer them to any third parties. You must notify THE BBQ BARN LTD staff immediately of any unauthorised use of them or any other breach of security regarding the website that comes to your attention.
Availability of the website
THE BBQ BARN LTD will try to make the website available but cannot guarantee that their website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability.
You must not attempt to interfere with the proper working of their website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device. THE BBQ BARN LTD will do their best to ensure that all materials and information published on the website are accurate, but please note that all content, materials and information on their website are provided on an 'as is' basis and you assume total responsibility and risk for your use of the website and use of all information contained within it.
THE BBQ BARN LTD accept no liability for any indirect, consequential loss, damage or special or punitive damages, or costs, or for any loss of data, profit, revenue, business contracts (whether direct or indirect) in each case, however caused, even if foreseeable and even if THE BBQ BARN LTD have been advised of the possibility of such damages. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of the website or its contents other than as a direct result of purchasing Products (which shall be subject to the exclusions and limitation of liability set out in these Terms and Conditions), THE BBQ BARN LTD accept no liability for this loss or damage (except where THE BBQ BARN LTD have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of the THE BBQ BARN LTD or their servants, agents or any other person or entity.
You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the website and is compatible with the website. You also understand that THE BBQ BARN LTD cannot and do not guarantee or warrant that any material available for downloading from their website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
Law
The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.