Terms and Conditions
CONDITIONS OF SALE
By clicking "Submit your order now” you are agreeing to purchase the Goods set out in the Order from Really Linda Barker Limited according to the Conditions listed below (including any other hyper-linked pages e.g. 'How to Order', 'Delivery Times and Charges', 'Data Protection Policy' and 'Returns and Distance Selling Regulations):
1 Definitions and Interpretations
1.1 In these Conditions, unless the context otherwise requires, the following words and expressions shall have the following meanings:
"Consumer" a consumer as defined by Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the Protection of Consumers in Distance Contracts
"Customer" the person who makes an offer to buy the Goods from Really Linda Barker subject to these Conditions and whose offer for the Goods is accepted by Really Linda Barker and such acceptance is acknowledged to the Customer in Writing (the "Really Linda Barker Acknowledgement")
"Contract" the contract for the purchase and sale of the Goods"Export Goods" Goods which are the subject of EU Orders or Worldwide Orders (as defined below)
"Goods" the goods ordered by the Customer from Really Linda Barker"Order" the order placed by the Customer with Really Linda Barker for the Goods on the order page
"Really Linda Barker" Really Linda Barker Limited of Devonshire House, 60 Goswell Road, London, EC1M 7AD
"Writing" includes e-mail.
2.1 Really Linda Barker shall sell and the Customer shall purchase the Goods in accordance with these Conditions.
2.2 All Contracts made by the Company and any additions or amendments thereto shall be subject to these Conditions which shall supercede and shall be taken to override any terms or conditions proposed or stipulated by the Customer.
2.3 Really Linda Barker reserves the right to alter these Conditions from time to time without notice to you and the alterations will apply to any orders received after that time.
2.4 Really Linda Barker employees or agents are not authorised to make any representations concerning the Goods unless confirmed by Really Linda Barker in Writing. In entering into the Contract the Customer acknowledges that it does not rely on any such representations which are not so confirmed.
3.1 Please refer to the 'How to Order' section of this web-site for information on how to place an Order.
3.2 No Order submitted by the Customer shall be deemed to be accepted by Really Linda Barker unless and until confirmed in Writing by the Really Linda Barker Acknowledgement.
3.2 The Customer shall be responsible to Really Linda Barker for ensuring the accuracy of the terms of the Order, and for specifying in the Order any necessary information relating to the Goods to enable Really Linda Barker to perform the Contract.
3.3 The quantity, and description of the Goods to be provided by Really Linda Barker to the Customer under the Contract shall be those set out in the Really Linda Barker Acknowledgment.
3.4 Subject to clause 8, no Order which has been accepted by Really Linda Barker may be cancelled by the Customer except with the agreement in Writing of Really Linda Barker and on terms that the Customer shall indemnify Really Linda Barker in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by Really Linda Barker as a result of cancellation.
3.5 The Goods are only available while stocks last. If after the Really Linda Barker Acknowledgement has been notified to the Customer there is insufficient stock of Goods of the type ordered by the Customer available for Really Linda Barker to deliver to the Customer then Really Linda Barker shall refund to the Customer's credit or debit card all sums debited in respect of those Goods which are out of stock.
4 Price and Payment
4.1 The price of the Goods shall be the price identified for each item next to it’s details on the Really Linda Barker website www.reallylindabarker.co.uk on the date of acceptance of the Order (the "Price"). Delivery charges and estimated timescales are detailed in the 'Delivery Times and Charges' section of this web-site. Export prices that shall apply in relation to Export Goods and are available only by verbal or Written response from Really Linda Barker, obtained by calling 0330 223 0571 of by sending an e-mail to email@example.com. 4.2 Really Linda Barker reserves the right, by giving notice in Writing to the Customer at any time before delivery, to increase the Price of the Goods to reflect any increase in the cost to Really Linda Barker which is due to any factor beyond the control of Really Linda Barker (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities for the Goods which is requested by the Customer, or any delay caused by any instructions of the Customer or failure of the Customer to give Really Linda Barker adequate information or instructions.
4.3 Payment can be made by any method specified in the “About” section. Really Linda Barker will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
4.4 Payment of the Price together with the Delivery Costs will be debited from the Customer's account after Really Linda Barker's Acknowledgment has been notified to the Customer in Writing but before the Goods are delivered to the Customer pursuant to clause 6.
4.5 While Really Linda Barker tries to ensure that all prices on the Really Linda Barker website are accurate, errors may occur. If Really Linda Barker discovers an error in the price of Goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled.
4.6 If the Customer's card issuer fails to make any payment of the Price and all and any Delivery Costs on behalf of the Customer then, without prejudice to any other right or remedy available to Really Linda Barker, Really Linda Barker shall be entitled to cancel the contract or suspend any further deliveries (if any) to the Customer.
5.1 Sometimes the product specifications from the manufacturer may change, in which case Really Linda Barker will endeavour to offer you a substitute of the same or better quality at the same price. If you are not happy with the replacement you can return it in accordance with our 16-Day Money Back Guarantee.
5.2 All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible. On the rare occasion that there is an error, we will advise you about it as soon as possible.
5.3 Really Linda Barker have selected Goods on the basis that they will be used for domestic use only, if you are planning to use them for business purposes please make sure that you are covered by appropriate insurance.
5.4 In the event that Really Linda Barker are required to design and manufacture Goods to the Customers’ own specifications:
5.4.1 Really Linda Barker shall be under no liability whatsoever for any direct indirect and/or consequential loss (including loss of profit) in respect of any defect in the Goods arising from any drawing, design, measurements or specification which has been supplied by the Customer. In particular, Really Linda Barker shall be under no liability where defects in the quality of any finished Goods is caused by the enlargement of any design or photograph supplied by the Customer.
5.4.2 the Customer shall be responsible for ensuring that their premises have been sufficiently prepared or constructed so as to allow for the proper installation of the Goods and Really Linda Barker undertakes no responsibility for the fitting of the Goods into the dimension thereof where they are not the same as those supplied to Really Linda Barker by the Customer.
5.5 If any claim is made against Really Linda Barker that the manufacture or sale of the Goods infringes the patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person, the Customer shall, except to the extent that the claim is due to the default of Really Linda Barker, indemnify Really Linda Barker against all damages or other compensation awarded against Really Linda Barker in connection with the claim or paid or agreed to be paid by Really Linda Barker in settlement of the claim and all legal or other expenses incurred by Really Linda Barker in or about the defence or settlement of the claim.
6.1 Delivery charges and estimated timescales are specified in the 'Delivery Times and Charges'. Really Linda Barker makes every effort to deliver goods within the estimated timescales, however delays are occasionally inevitable.
6.2 Any time or date for the dispatch or delivery of Goods shall be taken as an estimate made by Really Linda Barker in good faith but shall not be of the essence of the contract. Really Linda Barker shall not be liable for any loss caused to the Customer in consequence of failure to deliver by the estimated Delivery Date or such other date as may be subsequently agreed.
6.3 Unless the parties otherwise agree to the contrary in Writing, delivery of the Goods shall be made by Really Linda Barker delivering the Goods to the Customer at such premises as specified by the Customer in its Order or such other premises that the Customer and Really Linda Barker have agreed in Writing.
6.4 The Customer shall allow:
6.4.1 Five days from receipt of the Really Linda Barker Acknowledgment in the case of Orders placed from within mainland UK ("UK Orders");
6.5.2 Fifteen days from receipt of Really Linda Barker's Acknowledgment in the case of Orders placed from outside mainland UK but within the European Union ("EU Orders")
;6.5.3 Thirty days from receipt of Really Linda Barker's Acknowledgment in the case of Orders placed from outside the European Union ("Worldwide Orders")for delivery of the Goods before notifying Really Linda Barker in Writing that delivery has been delayed.
6.6 If the Customer fails to take delivery of the Goods or fails to give Really Linda Barker adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Customer’s reasonable control or by reason of Really Linda Barker’s fault) then, without prejudice to any other right or remedy available to Really Linda Barker, Really Linda Barker may:
6.6.1 store the Goods until actual delivery and charge the Customer for the reasonable costs (including insurance) of storage; or
6.6.2 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the Price under the Contract or charge the Customer for any shortfall below the Price under the Contract.
6.7 The Price and all and any delivery costs are inclusive of any applicable value added tax (sales tax), which the Customer shall pay to Really Linda Barker.
7 Data Protection
7.1 Please refer to the 'Data Protection Policy' section of this web-site.
8. Returns Policy
8.1 Our 30 day guarantee
If you are not happy with your goods we will organise an exchange or refund, whichever you prefer. You will need to return the items within 30 days, unused and with the original packaging.
Items should be returned - postage paid - to:
Adstral C/O Really Linda Barker Ltd
Hargreaves Road, Swindon, Wiltshire, SN25 5AZ
9.1 Risk of damage or loss of the Goods shall pass to the Customer at the time of delivery or, if the Customer wrongfully fails to take delivery of the Goods, the time when Really Linda Barker has tendered delivery of the Goods.
9.2 The ownership of the Goods shall pass to the Customer at the time of the receipt by Really Linda Barker of payment in full of the Price and cost of delivery.
9.3 Until such time as the property in the Goods passes to the Customer (and provided the Goods are still in existence and have not been resold), Really Linda Barker shall be entitled at any time to require the Customer to deliver up the Goods to Really Linda Barker and, if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party where the Goods are stored and repossess the Goods.
9.4 The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of Really Linda Barker, but if the Customer does so all moneys owing by the Customer to Really Linda Barker shall (without prejudice to any other right or remedy of Really Linda Barker) forthwith become due and payable.
10 Insolvency of Customer
10.1 This clause applies if at any time before the ownership of the Goods passes to the Customer pursuant to sub-clause 9.2 one or more of the following events occurs (the "Cancellation Events"):
10.1.1 the Customer makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction);
10.1.2 an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Customer;
10.1.3 the Customer ceases, or threatens to cease, to carry on business;
10.1.4 Really Linda Barker reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly.
10.2 If this clause applies then, without prejudice to any other right or remedy available to Really Linda Barker, Really Linda Barker shall be entitled to cancel the Contract or suspend any deliveries under the Contract without any liability to the Customer save that Really Linda Barker shall refund to the Customer all and any payments made to it in respect of the Price prior to the Cancellation Event. If the Goods have been delivered but not paid for at the date of the Cancellation Event the Price due in respect of the delivered Goods shall become immediately due and payable notwithstanding any previous agreement or arrangements to the contrary.
11.1 All Goods supplied by the Supplier are warranted free from defects for 12 months from the date of supply. This warranty does not affect your statutory rights as a Consumer.
11.2 This warranty does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by Really Linda Barker, failure to follow the manufacturers instructions, or any alteration or repair carried out without the approval of Really Linda Barker.
11.3 If the Goods supplied to you develop a defect while under warranty, or you have any other complaint about the Goods, you should notify Really Linda Barker in Writing at the address shown in the 'Contact Us' section of this web-site.
12 Export Goods
12.1 In the case of EU Orders or Worldwide Orders the Customer shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them.
13 Force Majeure
13.1 Really Linda Barker shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of Really Linda Barker’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond Really Linda Barker’s reasonable control.
14.1 The contract between us shall be governed by the laws of England and Wales and any dispute between us will be resolved exclusively in the courts of England and Wales. English is the only language offered for the conclusion of the contract.
14.2 We do not guarantee that this website will be compatible with your PC, and we accept no liability for any corruption or loss of data held on your PC, or any liability for any other loss or damage of any kind caused to your PC resulting from use of this website.
14.3 Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that other party at its e-mail address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
14.4 No waiver by Really Linda Barker of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
14.5 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
14.6 The Contract constitutes the entire agreement and understanding of the parties and supersedes all prior oral or written agreements, understandings or arrangements between them relating to the Contract. Neither party will be entitled to rely on any agreement, understanding or arrangement which is not expressly contained in the Contract and no change may be made to it except in Writing signed by duly authorised representatives of both parties.
14.7 The Customer agrees that these Conditions shall not be denied legal effect, validity or enforceability on the grounds that they are displayed electronically or transmitted from Really Linda Barker to the Customer or from the Customer to Really Linda Barker using the Internet.