Terms & Conditions

 

Welcome to the Swallow Barn Limited Website Terms and Conditions for Use. These Terms and Conditions apply to the use of this website www.swallow-barn.com. By accessing this website and/or placing an order, you agree to be bound by these terms and conditions. Using this website indicates that you accept these terms and conditions regardless of whether or not you choose to register with us or order from us. If you do not wish to accept these terms, please do not use this website.

The www.swallow-barn.com website is operated by Swallow Barn Limited whose registered office is at Regency House, Westminster Place, York Business Park, York, North Yorkshire, YO26 6RW.

1. Introduction

1.1. You will be able to access most areas of this website without registering your details with us. Certain areas of this website are only open to you if you register.

1.2. We may revise these terms and conditions at any time by updating this page of this website. You should check this page from time to time to review the then current terms and conditions as these will be binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this website.

2. Swallow Barn Limited Furniture

2.1. Swallow Barn Limited specialises in the sale of and the manufacture of and the importing of reproduction oak furniture, for delivery in the UK or overseas.

3. Ordering

3.1. You are deemed to place an order with us by ordering via our online checkout process or by placing an order with us by telephone. As part of our checkout process you will be given the opportunity to check your order and to correct any errors.

3.2. We will send you an order acknowledgement, detailing the products you have ordered. Please note that neither the receipt of an order or the sending of an acknowledgement of receipt of an order constitute an acceptance of that order which can only be accepted in accordance with 3.4 below.

3.3. We will send you confirmation of dispatch by email or regular mail. When we dispatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.

3.4. Your order constitutes an offer by you to purchase the goods specified in it on these terms and conditions. No offer placed by you shall be accepted by us other than, when a contract for the sale and purchase of the goods on these terms and conditions will be established:

(a) by a written acknowledgement issued and executed by us specifically accepting your order; or

(b) by the dispatch by us of the goods contained in the order to you,

3.5. We reserve the right to refuse to accept an order:

(a) if goods are not available;

(b) if we cannot obtain authorisation for your payment;

(c) if there has been a pricing or product description error whether made by us or not;

(d) if you do not meet any of the eligibility criteria set out in our terms and conditions.

3.6. You agree to pay a 50% non-refundable deposit to Swallow Barn Limited or the factoring agent appointed by Swallow barn Limited when placing an order for goods. The balance due must be paid to Swallow Barn Limited or its factoring agent before dispatch of goods ordered.

3.7. Products will be delivered within 28 days of ordering except where otherwise stated on this website or when you are specifically notified of a delay or when you request a longer delivery period. Where delivery is delayed beyond the usual 28 day period or such other period as has been notified either herein or by specific notification you hereby agree that Swallow Barn Limited is not liable for any loss or damage that you may incur due to delays in delivery of the goods.

3.8. In the event of a delay in delivery of any goods ordered you accept that Swallow Barn Limited will refund your payment only where:

a) the order was for a standard product and where the products have not been delivered within 28 days of the date estimated for delivery by Swallow Barn Limited, or

b) the order is for a non-standard product and Swallow Barn Limited chooses to exercise its absolute discretion in giving a refund where Swallow Barn Limited deems it to be reasonable.

3.9. You are responsible for ensuring the dimensions of the goods that you buy from Swallow Barn Limited are suitable and can be accommodated in the intended destination. Swallow Barn Limited will not refund you where you have ordered furniture which does not subsequently fit into your intended destination for that furniture.

4. Delivery

4.1. Beds and dining tables will require assembly on delivery.

4.2. Delivery of any goods will normally be to the ground floor of a building during the hours of 9:00 a.m. to 5:30 p.m. Monday to Friday. Delivery to floors other than the ground floor is only by prior arrangement with Swallow Barn Limited and not its delivery staff. Deliveries can be arranged outside of normal delivery hours by prior arrangement though you may be charged an additional delivery charge albeit this will not always be necessary.

4.3. Swallow Barn Limited delivery staff endeavour to deliver goods during a prearranged time slot. Events outside of Swallow Barn Limited’s control may, however, affect the ability to deliver goods during this time slot and Swallow Barn Limited cannot be responsible for any delay arising in this manner and, notwithstanding any delay, you agree to pay the delivery charges.

4.4. Risk or damage to or loss of the Products shall pass to you upon delivery.

4.5. Title in the Products shall pass to you only after Swallow Barn Limited has received payment in full.

4.6. If you purchase goods by credit card, Swallow Barn Limited will only deliver the products to the address given for the holder of the credit card.

4.7. If you order more than one product, you accept that Swallow Barn Limited may wait until all items are available before arranging for delivery of the products to you.

4.8. You accept that if you are not present to accept delivery during the prearranged time slot you will be charged for delivery charges and you will not be entitled to a refund if you are not present to accept delivery.

4.9. You are responsible for ensuring that there is adequate delivery access to enable Swallow Barn Limited delivery staff to deliver the products. If Swallow Barn Limited delivery staff are unable to deliver the products due to inadequate or restricted access you will pay the delivery charges and, if applicable, a collection fee together with a restocking fee equivalent to 30% of the purchase price.

5. Pricing

5.1. Our prices include VAT except where otherwise stated.

5.2. The appropriate rates and charge for delivery, packing, and insurance and any other relevant charges, are set out in our specified pricing structure shown on this website on the 'Delivery' page.

5.3. Our prices and other relevant charges are reviewed periodically and you should review the rates on the web site before placing an order.

6. Cancellation and Returns Policy

6.1. All risk in the goods shall pass to you when the goods are taken from our vehicle at your address.

6.2. We will not issue a refund or an exchange of goods unless the goods are not of satisfactory quality.

6.3. Goods purchased at a discounted price are sold “as seen” and cannot be returned. Some of the goods sold at a discounted price may be imperfect or end of line stock. Please ak when ordering if in doubt.

6.4. Your statutory rights to a refund of the purchase price for goods that are not of satisfactory quality are unaffected by these terms and conditions.

6.5. Goods will not be exchanged or a refund given for goods unless a proof of purchase from Swallow Barn Limited is produced and the goods are returned to Swallow Barn Limited’s premises in the condition in which they were supplied.

7. Copyright and other Intellectual Property

7.1. You are permitted to print and download extracts from this website for your own personal use on the following basis provided that:

(a) no documents or related graphics on this website are modified in any way; and

(b) no graphics on this website are used separately from accompanying text; and

(c) any of our copyright and trade mark notices and this permission notice appear in all copies.

(d) if you provide materials to third parties, you may quote from this site only if you give accreditation to Swallow Barn Limited;.

7.2. Any incorporation of any part of this web site in any commercial document or materials for sale or profit is not permitted unless you fist obtain our prior written consent.

7.3. Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by our licensors or us. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 6.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.

7.4. Subject to clause 6.1, no part of this Website may be reproduced or stored in any other website or included in any private or public electronic retrieval or storage system or service without our prior written consent.

7.5. Any rights not expressly granted in these terms are reserved.

8. Site Access

8.1. While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.

8.2. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

9. Visitor Material and Conduct

9.1. Other than personally identifiable information, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

9.2. You are prohibited from posting or transmitting to or from this Website any material:

(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;

(b) for which you have not obtained all necessary licences and/or approvals;

(c) which constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or

(d) which is technically harmful (including but without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

9.3. You may not misuse the Website (including but without limitation, by hacking).

9.4. We will fully co-operate with any legal enforcement authority or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 8.2 or 8.3.

10. Links to other websites

10.1. Links to third party websites are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. Therefore we do not endorse or make any representations about them, or any material found thereon, or any results that may be obtained by using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

10.2. If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:

(a) you do not remove, distort or otherwise alter the size or appearance of the Swallow Barn Limited logo;

(b) you do not create a frame or any other browser or border environment around this Website;

(c) you do not in any way imply that we are endorsing any products or services other than our own;

(d) you do not misrepresent your relationship with us nor present any other false information about us;

(e) you do not otherwise use any Swallow Barn Limited trade marks displayed on this Website without our express written consent;

(f).you do not link from a website that is not owned by you; and

(g) your website does not contain content that in the opinion of a reasonable person could be said to contain distasteful, offensive or controversial material, or infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.We expressly reserve the right to revoke the right granted in this clause 9.2 for breach of these terms and to take any action we deem appropriate.

10.3. You hereby fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 9.2.

11. Registration

11.1. To register with www.Swallow-Barn.com you must be over eighteen years of age.

11.2. Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.

11.3. Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.

11.4. We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.

12. Disclaimer

12.1. While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the content of this Website, or to the products and prices described in it, at any time and without notice. The material on this Website may be out of date, and we make no commitment to update such material.

12.2. The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.

13. Data protection

You acknowledge and agree that details of your name, address and payment record may at the sole discretion of Swallow Barn Limited be submitted to a credit reference agency, and personal data will be processed by and on behalf of Swallow Barn Limited.

14. Liability

14.1. We, any other party whether or not involved in creating, producing, maintaining or delivering this Website, and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort including without limitation negligence, contract or otherwise in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.

14.2. Nothing in these terms and conditions shall exclude or limit our liability for

(i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977);

(ii) fraud;

(iii) misrepresentation as to a fundamental matter; or

(iv) any liability which cannot be excluded or limited under applicable law.

14.3. If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

14.4. You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.

15. Force majeure

Swallow Barn Limited shall have no liability to you under the agreement if it is prevented from or delayed in performing its obligations under this agreement or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including strikes, lock-outs or other industrial disputes (whether involving the workforce of Swallow Barn Limited or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.

16. Severance

16.1. If any provision (or part of a provision) of this agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions will remain in force.

16.2. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, that provision will apply with whatever modification is necessary to make it valid, enforceable and legal.

16.3. The parties agree, in the circumstances referred to in condition 16.1 and if condition 16.2 does not apply, to attempt to substitute for any invalid, unenforceable or illegal provision a valid, enforceable and legal provision which achieves to the greatest extent possible the same effect as would have been achieved by the invalid or unenforceable provision.

17. Status of pre-contractual statements

17.1. Each of the parties heteo acknowledges and agrees that, in entering into this agreement, it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to these terms and conditions or not) relating to the subject matter of this agreement, other than as expressly set out in this agreement.

18. Governing Law and Jurisdiction

18.1. These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.

18.2. We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.

19. Miscellaneous

19.1. You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions

19.2. Paragraph headings shall not affect the interpretation of these conditions.

19.3. Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.