Terms & Conditions OF SALE
The Eco Barn is the exclusive UK distributor for most of the brands we sell. The following terms and conditions apply to purchases made on this website. By placing an order, you are deemed to have accepted these terms and conditions.
If you have any questions about our products, queries regarding your order, or if you need assistance, please do not hesitate to contact us via email@example.com, 01386 791 027, or write to us: The Eco Barn, Rush Farm, Stockwood, Redditch B96 6SX
Here are our terms and conditions of use:
1.1 These conditions apply to all sales of goods ("the Goods") by the Seller to any purchaser ("the Buyer") and shall apply in place of and prevail over any terms or conditions contained or referred to in the Buyer's order or in correspondence or elsewhere or implied by trade, custom, practice or course of dealing unless specifically agreed to in writing by a director or other authorised representative of the Seller and any purported provisions to the contrary are hereby excluded or extinguished.
1.2 In circumstances where the Buyer is a "Consumer" for the purposes of the Consumer Protection (Distance Selling) Regulations 2000 (as amended) ("the Regulations") then paragraph 12 shall also apply and be incorporated into the contract for the sale of the Goods between the Seller and the Buyer.
2 INFORMATION ABOUT THE SELLER AND SERVICE AVAILABILITY
2.1 www.theecobarn.co.uk is a site ("the Site") operated by Chris Burdett. Seller's registered office and main trading address is Rush Farm, Stockwood, Redditch, B96 6SX. The Seller's VAT number is 2322904.
2.2 The Site is only intended for use by people and corporate bodies resident in the United Kingdom. The Seller does not accept orders from persons outside the United Kingdom. Some restrictions are placed on the extent to which the Seller accepts orders from the United Kingdom.
3 YOUR STATUS
By placing an order through the Site the Buyer warrants that:
3.1 the Buyer, or the person it is acting on behalf of if placing an order for a company or business, is legally capable of entering into binding contracts;
3.2 if an individual, the Buyer is at least 18 years old; and
3.3 the Buyer, or the person it is acting on behalf of if placing an order for a company or business, is resident in the United Kingdom and it is accessing the Site from the United Kingdom.
4 FORMATION OF THE CONTRACT BETWEEN THE SELLER AND THE BUYER
4.1 After placing an order the Buyer will receive an email from the Seller acknowledging receipt of the order. Please note that this does not mean that the Buyer's order has been accepted. The Buyer's order constitutes an offer to the Seller to buy the Goods. All orders are subject to acceptance by the Seller in accordance with paragraph 4.2.
4.2 The Seller's acceptance of the Buyer's order shall be effective only where such acceptance is made by the Seller dispatching the Goods and a sales invoice ("the Sales Invoice") to the Buyer or, where delivery is to take place by the Buyer collecting the Goods, by the Seller notifying the Buyer that the Goods, along with a copy of the Sales Invoice, are ready for collection. It is at this point in time that the contract ("the Contract") between the Seller and the Buyer is formed.
4.3 The minimum net value of each order shall be as determined from time to time by the Seller. The Contract will only relate to those Goods whose despatch is confirmed in the Sales Invoice. The Seller will not be obliged to supply any other goods which may have been part of the Buyer's order until the despatch of such products has been confirmed in a separate Sales Invoice.
5.1 The price of the Goods shall be the price stated in the Seller's price list current at the date of production of the Sales Invoice. The Site contains a large number of Goods and it is always possible that, despite the best efforts of the Seller, some of the Goods listed on the Site may be incorrectly priced. If the correct price of the Goods is higher than the price stated on the Site the Seller may at its discretion, contact the Buyer for instructions prior to despatching the Goods, or reject the order and notify the Buyer of such rejection. The Seller shall have the right at any time before delivery to withdraw any discount from its normal prices and/or to revise the price of the Goods to take into account increases in costs including (without limitation) costs of any goods, materials, carriage, labour or overheads the increase or imposition of any tax duty or other levy and variation in exchange rates.
5.2 The Seller is under no obligation to provide the Goods to the Buyer at an incorrect (lower) price even after the Seller has issued a Sales Invoice, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by the Buyer as a mis-pricing.
5.3 Except as otherwise stated under the terms of any quotation or any price list of the Seller or unless otherwise agreed in writing between the Buyer and the Seller all prices set out in the Seller's current price list are inclusive of delivery of the Goods to a place agreed between the Seller and the Buyer and shall include the costs of transport, packaging and insurance.
5.4 Unless otherwise specified the price is exclusive of any Value Added Tax and any other tax or duties and the Buyer shall be additionally liable to pay the same to the Seller.
6 TERMS OF PAYMENT
6.1 Subject to any special terms agreed in writing between the Buyer and the Seller, the Seller shall be entitled to issue a Sales Invoice to the Buyer for the price of the Goods on or at any time after delivery of the Goods, unless the Goods are to collected by the Buyer or the Buyer wrongfully fails to take delivery of the Goods, in which the Seller shall be entitled to issue a Sales Invoice to the Buyer for the price at any time after the Seller has notified the Buyer that the Goods are ready for collection or (as the case may be) the Seller has tendered delivery of the Goods.
6.2 Payment shall unless otherwise agreed in writing be made in full without any deduction or set-off at the time of order unless a credit account is in place between the Buyer and Seller.
6.3 Provided no previous invoices are overdue and payment is made pursuant to clause 6.2 above the Seller will allow the Buyer a discount on the net price of the Goods as set out from time to time in the Seller's then current price list. All discounts will be credited to the Buyer's account monthly in arrears (save where the Buyer does not purchase on credit terms in which case discount shall be paid monthly in arrears).
6.4 Interest shall be payable by the Buyer on overdue accounts at the rate of 2% per month to run from the due date for payment thereof until receipt by the Seller of the full amount whether before or after judgement.
6.5 If in the opinion of the Seller the credit-worthiness of the Buyer shall have deteriorated prior to delivery, the Seller may require full or partial payment of the price prior to delivery or the provision of security for payment by the Buyer in a form acceptable to the Seller.
7.1 Delivery shall be made by the Seller delivering the Goods to a place agreed by the Seller.
7.2 Delivery of the Goods may also be made (by special arrangement with the Seller) by the Buyer collecting the Goods at the Seller's premises within a reasonable time after the Seller has notified the Buyer that the Goods are ready for collection.
7.3 The Seller will endeavour to adhere to delivery dates requested by the Buyer although delivery dates mentioned are approximate only and not of any contractual effect and the Seller shall not be under any liability to the Buyer in respect of any failure to deliver on any particular date or dates. The Seller cannot guarantee delivery within 24 hours of receipt of the Buyer's order.
7.4 The Seller shall be deemed to have fulfilled its contractual obligations in respect of any delivery although (owing to stock shortages from time to time one or more item of the Goods) the quantity may be less than the quantity specified in the contract and in such event the Buyer shall pay for the actual quantity delivered.
7.5 If the Buyer refuses or fails to take delivery of Goods tendered in accordance with the contract or fails to take any action necessary on its part for delivery of the Goods the Seller shall be entitled at its option:
7.5.1 to store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage and transport; or
7.5.2 to terminate the contract with immediate effect, to dispose of the Goods as the Seller may determine and to recover from the Buyer any loss and additional costs incurred as a result of such refusal or failure.
7.6 Unless otherwise expressly agreed the Seller may affect delivery of the Goods in one or more instalments. Where delivery is effected by instalment each instalment shall be treated as a separate Contract and failure by the Seller to deliver any one or more instalments in accordance with these conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the contract as a whole as repudiated.
8 TITLE AND RISK
8.1 Risk of damage to or loss of the Goods shall pass to the Buyer:
8.1.1 in the case of Goods to be delivered at the Seller's premises, at the time when the Seller notifies the Buyer that the Goods are available for collection; or
8.1.2 in the case of Goods to be delivered otherwise than at the Seller's premises, at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, at the time when the Seller has tendered delivery of the Goods.
8.2.1 The Goods shall remain the sole and absolute property of the Seller as legal and equitable owner until such time as the Buyer shall have paid to the Seller the agreed price together with the full price of any other Goods the subject of any other contract with the Seller.
8.2.2 Until such payment the Buyer shall be in possession of the Goods solely as the bailee for the Seller and in a fiduciary capacity and shall store the Goods in such a way as to enable them to be identified as the property of the Seller. The Buyer shall be at liberty and may in the ordinary course of its business sell and deliver the Goods to any third party as Seller's bailee and in a fiduciary capacity and provided that the entire proceeds of sale are held in trust for the Seller and are not mingled with any other monies and shall at all times be identifiable as the Seller's monies. The Buyer agrees immediately upon being so requested by the Seller to assign to the Seller all rights and claims which the Buyer may have against its customers arising from such sales until payment is made in full as aforesaid.
8.2.3 The Seller reserves the immediate right of repossession of such of the Goods to which it has retained title as aforesaid as are sufficient to satisfy all its unpaid sums and costs thereafter to re-sell the same and to refund to the Buyer any amount recovered in excess of such unpaid sums and costs and for this purpose the Buyer hereby grants an irrevocable right and licence to the Seller's servants and agents to enter upon all or any of its premises with or without vehicles during normal business hours. This right shall continue to subsist notwithstanding the termination of any contract between the Buyer and the Seller for any reason and is without prejudice to any accrued rights of the Seller thereunder otherwise.
8.3 Without prejudice to the provisions of this paragraph 8 the Buyer recognises that such of the Goods as are marked with the Seller's own brand (which includes the words "Holle, MOGLi and ECOlunchbox" or similar wording (a list of such trade names being available on request from the Seller)) are purchased from the Seller which is the sole supplier of such Goods and the Buyer shall immediately inform the Seller if it purchases from, has offered to it for sale by or becomes aware of the existence of similarly branded goods being offered for sale by a third party.
8.4 Bearing in mind the enormous increase in online trading over the past few years and the wide variation in standards we ask that you obtain our permission to sell our products online on your own website. We can then make sure the brands we sell are represented in an appropriate way and also that our customers do not overlap too much.
We ask that our customers do not sell our products on third party market place sites such as Amazon or eBay.
Unless expressly agreed in writing by the Seller all specifications and particulars of weights and dimensions submitted by the Seller are approximate only and the Seller shall have no liability in respect of any deviation therefrom. In particular, but without prejudice to the generality of the foregoing the Seller reserves the right to make any changes in the specifications of the Goods which are required to conform with any applicable safety or other statutory requirements.
10.1 The Seller shall not be liable to the Buyer:
10.1.1 for shortages in quantity delivered unless the Buyer notifies the Seller of any claim for short delivery within 24 hours of receipt of the Goods;
10.1.2 for damage to or loss of the Goods or any part thereof in transit (where the Goods are carried by the Seller's own transport or by a carrier on behalf of the Seller) unless the Buyer shall notify the Seller of any such within 24 hours of receipt of the Goods of the scheduled date of delivery whichever shall be the earlier;
10.1.3 for defects in the Goods caused by abnormal conditions of storage, wilful damage, negligence, failure to follow the Seller's instructions (whether oral or in writing) or misuse of the Goods without the Seller's prior written approval;
10.1.4 for other defects in the Goods unless notified to the Seller within 3 days of receipt of the Goods by the Buyer; or
10.1.5 for claims arising in respect of any Goods which have been price marked by the Buyer.
10.2 The Seller shall not be liable to the Buyer under clause unless the Buyer notifies the Seller in writing of potential claim using the Seller's standard claim form, copies of which can be obtained from the Seller. The Buyer may find it useful to hand these forms to the party delivering the Goods although such action shall not constitute deemed notification to the Seller pursuant to paragraphs 10.1.1, 10.1.2 and 10.1.4.
10.3 The Buyer may return the Goods using the Seller's carrier provided that such Goods must be delivered to the carrier for return to the Seller as soon as possible after delivery of the Goods pursuant to paragraph 7. All Goods returned via the Seller's carrier shall be at the Buyer's risk.
10.4.1 Where liability is accepted by the Seller under paragraph 10.1 the Seller's only obligation shall be at its option to make good any shortage or non-delivery and/or as appropriate to replace any of the Goods found to be damaged or defective and/or to refund the cost of any such Goods to the Buyer by the way of either a credit note or a cash sum.
10.4.2 The Seller's aggregate liability to the buyer whether for negligence, breach of contract, misrepresentation or otherwise shall in no circumstances shall exceed the cost of the defective, damaged or undamaged Goods which gave rise to such liability as determined by the net price invoiced to the Buyer (less any discount awarded in respect thereof) in respect of any occurrence or series of occurrences.
10.5 Except as expressly provided in these conditions all conditions, warranties and representations expressed or implied by statute, common law or otherwise in relation to the Goods are hereby excluded and the Seller shall be under no liability to the Buyer for any loss damage or injury direct or indirect (including without prejudice to the generality of the foregoing consequential loss or damage, whether for loss or profit or otherwise) resulting from defective material, faulty workmanship or otherwise howsoever arising and whether or not caused by the negligence of the Seller its employees or agents.
10.6 The Seller shall not be liable to the Buyer for any loss or damage which may be suffered by the Buyer as a direct or indirect result of the supply of Goods by the Seller being prevented, hindered, delayed or rendered uneconomic by reason of circumstances or events beyond the Seller's reasonable control. If due to such circumstances or events the Seller has insufficient stocks to meet all its commitments the Seller may apportion available stocks between its customers at its sole discretion.
10.7 From time to time the Seller may provide links on the Site to the websites of other companies, whether affiliated with the Seller or not. The Seller cannot give any undertaking that products the Buyer purchases from companies to whose website the Seller has provided a link on the Site, will be of satisfactory quality, and any such warranties are disclaimed by the Seller in their entirety. This disclaimer does not affect any statutory rights that the Buyer may have against such third parties.
10.8 Any Goods displayed or provided on the Site by the Seller are done on an "AS IS" and an "IF AVAILABLE" basis and the Seller expressly disclaims and excludes all warranties, conditions, representations and terms, whether express or implied by statute, common law or otherwise, with respect to the Site or the information, content, materials or goods included in the Site including, without limitation, as to the accuracy or completeness of the Site, as to whether it is up to date and as to the condition of any goods displayed or provided.
10.9 Some people can suffer a negative reaction to products, even ones that have no artificial ingredients. We strongly advise you to seek the advice of a qualified medical adviser or health professional before purchasing any product from us for use by a person (including yourself) who has previously suffered or experienced any reaction or intolerance to any product placed upon the skin. We shall not be held responsible for any damages, injury or illness that occurs due to an allergic reaction.
11 INSOLVENCY AND DEFAULT
11.1 This paragraph applies in the following circumstances:
11.1.1 the Buyer is in breach of any of the terms hereof and (if such breach is remediable) fails to remedy such breach within 30 days after receipt of a written notice giving full particulars of the breach and requiring it to be remedied; or
11.1.2 an encumbrancer takes possession or a receiver is appointed over any of the property or assets of the Buyer; or
11.1.3 the Buyer makes any voluntary arrangement with its creditors or becomes subject to an Administration Order; or
11.1.4 the Buyer goes into liquidation (except for the purpose of amalgamation or reconstruction and in such manner that the company resulting therefrom effectively agrees to be bound by or assume the obligations imposed on the Buyer under this Agreement); or
11.1.5 anything analogous to any of the foregoing under the law of any jurisdiction in relation to that other party; or
11.1.6 the Buyer ceases, or threatens to cease, to carry on business; or
11.1.7 the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notify the Buyer accordingly.
11.2 If paragraph 11.1 applies then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled without any liability to the Buyer to stop any of the Goods in transit and/or suspend further deliveries and/or by notice in writing to the Buyer determine the contract and if the Goods have been delivered but not been paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
12 CONSUMER RIGHTS
12.1 The paragraph 12 shall only apply in the event that the Buyer is a "Consumer" for the purposes of the Regulations ("a Consumer").
12.2 A Buyer who is a Consumer may cancel a Contract at any time within seven working days beginning on the day after the Consumer receives the Goods. In this case the Consumer will receive a full refund of the price paid for the Goods within 30 days of the receipt by the Seller of the Buyer's cancellation.
12.3 A Consumer who wishes to cancel a Contract must inform the Seller in writing in respect of which an email is acceptable and return the Goods to the Seller immediately, in the same condition in which the Consumer received them.
12.4 If a Consumer wishes to exercise the right to cancel a Contract then any costs of returning the Goods to the Seller shall be borne by the Consumer.
13.1 Failure by the Seller to exercise or enforce any rights hereunder shall not be deemed to be a waiver of any such right nor to operate so as to bar the exercise or enforcement thereof at any time or times thereafter.
13.2 Applicable laws require that some of the information or communications sent by the Seller to the Buyer should be in writing. When using the Site the Buyer accepts that communication with the Seller will be mainly electronic. The Seller will contact the Buyer by email or provide the Buyer with information by posting notices on the Site. For contractual purposes the Buyer agrees to this electronic means of communication and acknowledges that all contracts, notices, information and other communications that the Seller supplies to the Buyer electronically comply with any legal requirement that such communications be in writing. This condition does not affect the Buyer's statutory rights.
13.3 All notices given to the Buyer by the Seller must be given to the Seller at the address set out in paragraph 2.1 above or firstname.lastname@example.org. The Seller may give notice to the Buyer at either the email or postal address provided by the Buyer at the time of placement of the order, or in any of the ways specified in paragraph 13.2. Notice will be deemed to have been received and properly served immediately when posted on the Site, 24 hours after an email is sent or three days after the posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
13.4 The contract shall be governed by and construed in accordance with the Laws of England the parties hereby submit to the jurisdiction of English Courts. These conditions of sale may be varied from time to time by the Seller upon notice to the Buyer.
14 WEB MEDIA
14.1 The product details and associated images present on this website are for information purposes only. They are designed to improve your buying experience and help you, our customer. While we take care in putting together this information, and believe it is accurate as of when it is published, it is not a substitute for the information present on the packaging itself. The associated images are representative of the product but not guaranteed, as the manufacturer may change product packaging and this may not necessarily be reflected on the website. If you wish to have precise information, you should consult the manufacturer, whose contact details will be present on the packaging.
14.2 The ECO Barn is therefore unable to accept liability or responsibility for incorrect information or associated images. We provide this information in good faith, not as a legal responsibility. Please note, hyperlinks to external websites, contained with our webpages, may give you extra information. However, we are not in control, and therefore have no liability, of the contents of other websites.
14.3 The product data on this website can be reproduced for limited use. If you see something on the website that you believe to be incorrect, please contacting email@example.com