Terms and Conditions – WBCo

Terms and Conditions

Hello, we are Westbarnco Ltd a company registered in England and Wales. Our company registration number is 10585413 and our registered office is at West Barn, 5 Farewell Hall West Farm, Durham, DH1 3SX. Our registered VAT number is 305893000. We provide the website www.westbarnco.com and these terms govern how you may use this site and how we supply our products to you.

 

You can contact us at any time by emailing our customer support team at customersupport@westbarnco.com. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

 

By using our site, you confirm that you accept these terms and that you agree to comply with them. If you do not agree to these terms, you must not use our site.

 

Please read these terms carefully before you submit your order to us. These terms tell you how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss. We recommend that you print a copy of these terms for future reference.

 

In some areas of these terms you will have different rights depending on whether you are a business or consumer. You are a consumer if:

 

  • you are an individual; and
  • you are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

 

[If you are a business customer these terms constitute the entire agreement between us in relation to your purchase provided the products are used in connection to your trade, business, craft or profession but not for re-sale. See our (https://www.westbarnco.com/pages/wholesale-and-distribution) page for information relation to purchasing our products for resale. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in this Agreement.]

 

1.1 We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 01/09/19.
1.2 We may update and change our site from time to time to reflect changes to our products, our users' needs and our business priorities
1.3 We will only use your personal information as set out in our
https://www.westbarnco.com/pages/privacy-policy

 

2. Your account

2.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
2.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
2.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us by emailing our customer support team at customersupport@westbarnco.com.

3. How you may use material on our site

3.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
3.2 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
3.3 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
3.4 You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
3.5 If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
 
4. Do not rely on information on this site
 
4.1 The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
4.2 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date

 

5. We are not responsible for websites we link to or viruses
 
5.1 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
5.2 We have no control over the contents of those sites or resources.
5.3 We do not guarantee that our site will be secure or free from bugs or viruses.
5.4 You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
5.5 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

 

6. Rules about linking to your site
 
6.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
6.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
6.3 You must not establish a link to our site in any website that is not owned by you.
6.4 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
6.5 We reserve the right to withdraw linking permission without notice.
6.6 [The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.]
6.7 If you wish to link to or make any use of content on our site other than that set out above, please contact by emailing our customer support team at customersupport@westbarnco.com.

 

Conditions of Supply

 

7. Our contract with you

 

7.1 Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
7.2 If we are unable to accept your order, we will inform you of this in writing which may be by email and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
7.3 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

 

8. Our products

 

8.1 The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website have a 5% tolerance.
8.2 The packaging of the product may vary from that shown in images on our website.

 

9. Your rights to make changes

If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

 

10. Our rights to make changes

 

10.1 We may change the product:
10.1.1 to reflect changes in relevant laws and regulatory requirements; and/or
10.1.2 to implement minor technical adjustments and improvements, for example to address a security threat. These changes are unlikely to affect your use of the product.
10.2 In addition, we may make changes to these terms or the products, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.

 

11. Providing the products

 

11.1 The costs of delivery will be as displayed to you on our website.

11.2 If the products are ongoing subscriptions, we will also tell you during the order process when and how you can end the contract.
11.3 We will contact you with an estimated delivery date which will be within 14 days after the day on which we accept your order provided we are not responsible for delays outside our control (see clause 11.4).
11.4 If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
11.5 If no one is available at your address to take delivery and the products cannot be posted through your letterbox, our courier will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
11.6 If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 14.2 will apply.
11.7 A product which is goods will be your responsibility from the time the product is delivered to the address you gave us.
11.8 You own a product which is goods once we have received payment in full.
11.9 We will require information from you so that we can supply the products to you, for example, your address, your preferred delivered method and payment details. This information will be requested in the ‘Checkout’ page of our website. If you do not give the required information to us we will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
11.10 If you have a subscription to receive goods with us, we will supply the goods to you until the subscription expires or you end the contract as described in clauses 12 and 13 or we end the contract by written notice to you as described in clause 14.
11.11 We may have to suspend the supply of a product to:

11.11.1 deal with technical problems or make minor technical changes;
11.11.2 update the product to reflect changes in relevant laws and regulatory requirements; and/or
11.11. 3 make changes to the product as requested by you or notified by us to you (see clause 9).
11.12 If you do not pay us for the products when you are supposed to (see clause 17.4) and you still do not make payment within 30 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 17.7). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments and reasonable legal costs for the recovery of any overdue amount (see clause 17.6)

 

12. Your rights to end the contract

 

12.1 Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
12.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back), see clause 16 if you are a consumer;
12.1.2 If you want to end the contract because of something we have done or have told you we are going to dosee clause 12.2;
12.1.3 If you are a consumer and have just changed your mind about the product, see clause 12.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods in the event we request the goods are returned;
12.1.4 In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 12.6.
12.2 If you are ending a contract for a reason(s) set out at clauses 12.2.1 to
12.2.5 below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
12.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 2);
12.2.2 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
12.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;
12.2.4 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 3 months; or
12.2.5 you have a legal right to end the contract because of something we have done wrong.
12. 3 If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
12.4 When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
12.4.1 products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
12.4.2 any products which become mixed inseparably with other items after their delivery.
12.5 If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.
12.5.1 You have [14] days after the day you (or someone you nominate) receives the goods, unless:
12.5.1.1 Your goods are split into several deliveries over different days. In this case you have until [14] days after the day you (or someone you nominate) receives the last delivery.
12.5.1.2 Your goods are for regular delivery over a set period. In this case you have until [14] days after the day you (or someone you nominate) receives the first delivery of the goods.
12.6 Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 12.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.

 

13. How to end the contract with us (including if you are a consumer who has changed their mind)

 

13.1 To end the contract with us, please let us know by doing one of the following:
13.1.1 Email. Email our customer support team at customersupport@westbarnco.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
13.1.2 By post. Write to us at West Barn, 5 Farewell Hall West Farm, Durham, DH1 3SX, including details of what you bought, when you ordered or received it and your name and address.
13.2 If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us if requested. If requested, you must either return the goods in person to where you bought them, post them back to us at West Barn, 5 Farewell Hall West Farm, Durham, DH1 3SX or (if they are not suitable for posting) allow us to collect them from you. Please email our customer support team at customersupport@westbarnco.com for a return label or to arrange collection. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
13.3 We will pay the costs of return:
13.3.1 if the products are faulty or misdescribed; or
13.3.2 if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong,
In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
13.4 If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
13.5 If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
13.6 If you are exercising your right to change your mind:
13.6.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
13.6.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 business days at one cost but you chose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
13.7 We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
13.7.1 If we have not offered to collect the product, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 13.2; or
13.7.2 in all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

 

14. Our rights to end the contract

 

14.1 We may end the contract for a product at any time by writing to you (which may be by email) if:
14.1.1 you do not make any payment to us when it is due and you still do not make payment within 30 days of us reminding you that payment is due;
14.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products as detailed in clause 11.9;
14.1.3 you do not, within a reasonable time, allow us to deliver the products to you; or
14.1.4 you do not, within a reasonable time, allow us access to your premises to supply the services.
14.2 If we end the contract in the situations set out in clause 14.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
14.3 We may write to you to let you know that we are going to stop providing the product. We will let you know at least 14 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

 

15. If there is a problem with the product

If you have any questions or complaints about the product, please contact us. You can write to our customer service team at customersupport@westbarnco.com.        

16. Your rights in respect of defective products if you are a consumer

 

16.1 If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.

 

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.

b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.

c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

See also clause 12.3.


16.2 If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please email our customer services team at customersupport@westbarnco.com for a return label or to arrange collection.

 

17. Price and payment

 

17.1 The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the product advised to you is correct. However please see clause 17.3 for what happens if we discover an error in the price of the product you order.
17.2 If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
17.3 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
17.4 We accept payment with PayPal, AMEX, Maestro, MasterCard, Visa, Apple Pay and Google You must pay for the products before we dispatch them.
17.4.1 When paying by credit and debit cards. We use a third party payment process, SSL Secure Shopping (SSL). Please see SSL’s payment terms at terms at  https://www.ssl.com/purchasing-policy-and-warranty-coverage/.
17.4.2 When paying by Paypal. See PayPal’s payment terms at at https://www.paypal.com/uk/webapps/mpp/ua/useragreement-full#r013].
17.5 If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
17.6 If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of Barclays plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
17.7 If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

 

18. Promo Codes

 

18.1 From time to time, we may give you Promo Codes that you can use to reduce the price of specified products. Each Promo Code has its own terms, which will be made clear at the time it’s issued to you (e.g. what products, single/multiple use, when it can be used etc).
18.2 The use of Promo Codes which apply to specific products will be subject to availability.
18.3 If you’re given a unique Promo Code that is meant just for you (e.g. a student Promo Code) please keep it secret and don’t let anyone else use it or abuse it (e.g. don’t post it on social media). If we think there is or has been misuse of a Promo Code in any way (e.g. selling it or sharing it with others), we can cancel your Promo Code and/or suspend or even close your account without notifying you.
18.4 We reserve the right to cancel, modify or suspend any Promo Code where we suspect fraud, tampering, technical errors or anything else that breaches these terms.

 

19. Our responsibility for loss or damage suffered by you if you are a consumer

 

19.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
19.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so including liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and for defective products under the Consumer Protection Act 1987
19.3 If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 20.

 

20. Our responsibility for loss or damage suffered by you if you are a business

20.1 Nothing in these terms shall limit or exclude our liability for:
20.1.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
20.1.2 fraud or fraudulent misrepresentation;
20.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
20.1.4 defective products under the Consumer Protection Act 1987; or
20.1.5 any matter in respect of which it would be unlawful for us to exclude or restrict liability.
20.2 All terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
20.3 Subject to clause 20.1:
20.3.1 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
20.3.2 our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.

 

21. Other important terms

 

21.1 We may transfer our rights and obligations under these terms to another organisation.
21.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, if you are a consumer you may transfer our guarantee at clause 12.4 to a person who has acquired the product or, where the product is services, any item or property in respect of which we have provided the services. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item.
21.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, [except as explained in clause 21.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms].
21.4 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
21.5 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
21.6 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
21.7 If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and the courts of England shall have exclusive jurisdiction to settle any such dispute or claim.