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Barnes & Fadden Ltd. Terms & Conditions

Thank you for visiting Barnes & Fadden Ltd, and/or viewing our website.  To ensure a happy and satisfying shopping experience, and to help you understand the processes involved with your intended purchase, we strongly recommend that you read all of the following information prior to purchasing goods from us.

 

Your agreement to then make a purchase from us will therefore also constitute your agreement that you accept all of the following terms and conditions which are in place to protect the rights of both you, the customer, and Barnes & Fadden Ltd.

 

The following terms and conditions will apply, even if you choose not to read them.

 

A copy of our terms & conditions are prominently displayed in all Barnes & Fadden store locations and through links on each page of the Barnes & Fadden website, copies of which are also available upon request from any Barnes & Fadden store.

 

Terms and Conditions.

 

1.   Product and Service details.

 1.1. The price of all products and services displayed either in store or on this website are inclusive of Value Added Tax (VAT).

1.2. Images of products displayed on this website are for illustration purposes only, as actual colours/materials/finishes/sizes etc. may not appear identical to those displayed on this website.

1.3. Any item that is not specified in the product description but appears in the image/s will not count or be included within the purchase price displayed, and will not be included or confirmed as part of any order placed.

1.4. Barnes & Fadden Ltd. reserve the right to alter or amend any product image or dsecription at any time, and such alteration or amendment will supersede any prior version with immediate effect.

1.5. All sizes stated on this website are an approximation, as all goods are produced to a level of tolerance (especially those that have to be assembled before use) that may vary by, but is not limited to 5% of the size stated, therefore displayed dimensions for any product cannot be guaranteed.

1.6. Barnes & Fadden Ltd. reserve the right not to accept any order that is subject to an error on their website, and in such circumstances also reserve the right to reimburse in full, any payment made towards any purchase that has been ordered as a result of such error.

 

2.   Your Order.

2.1. Please consider the following carefully before placing your order.

2.2. Is the product suitable for the intended use?

2.3. Will the item/s fit into the intended property and room of choice (see section 5 and 6 below).

2.4. Have you checked your order states the correct size, style, colour and specification of the item/s you wish to purchase?

2.5. If ordering a mattress, divan or bedframe, is it the correct size & tension, or compatible with your existing bed base or bedframe?

2.6. Is the construction material, fabric, faux leather or leather suitable for your requirements?

2.7. The display models offer a likeness of the feel /tension / look / sit / colour / comfort but it is normal that any new model may have some slight differences. This is normal and not considered a fault or reason for a refund. Likewise, if you change the specification from the display model it will result in differences to the model ordered and delivered.

2.8. Please ensure all your contact details including the delivery address, are correct on the order before paying the deposit.

2.9. If any of the above are issues or of concern to you, please discuss with your salesperson and consider whether or not you wish to proceed with the order.

 

3.   Order lead/arrival times.

3.1. A 'working day' is defined as a weekday, and not a Saturday, Sunday or Bank Holiday.

3.2. All stock/display items will normally be delivered within 10 working days from purchase, therefore quoted delivery dates can be guaranteed.

3.3. Lead/arrival times for ordered goods will be quoted in good faith as known from the manufacturer at that moment in time, before a deposit is taken.

3.4. From time to time some goods may take longer to arrive from a manufacturer than that stated due to the fact that each manufacturer's production and/or delivery process is beyond our control. As such, all stated information regarding lead/arrival times for ordered goods whether verbal or written, can only be stated as 'approximate', and cannot be guaranteed,

3.5. Please Note: Whilst every effort will be made to comply with all lead times quoted, stated lead/arrival times can only reflect an approximate indication of the minimum length of time you may have to wait for your ordered goods to arrive at Barnes & Fadden Ltd.

3.6. Where there are delays to a stated lead/arrival time of an order, we will do our best to minimise such a delay.

3.7. Approximate lead/arrival times for products in general are as follows:

           Beds & Mattresses (lesser known brands)      10 - 15 working days (up to 3 weeks).

           Beds & Mattresses (Major brands)                  21 - 40 working days (up to 8 weeks).

           Bed frames                                                      10 - 21 working days (up to 4 weeks).

           Sofas, Sofa Beds, and general upholstery      21 - 50 working days (up to 10 weeks).

           Swivel Chairs                                                   10 - 21 working days (up to 4 weeks).

           Sliding door Wardrobes                                   30 - 50 working days (up to 10 weeks).

           Cabinet and other furniture                              15 - 30 working days (up to 6 weeks).

 

 

 

4.   Payment and Confirmation of order.

4.1. A deposit of at least 50% of the total order value will be required to process and proceed with any order.

4.2. No order will be considered confirmed or processed until a deposit has been paid.

4.3. Once your order has been received from the manufacture, we will contact you to request payment of any outstanding balance and to arrange delivery.

4.4. Delivery dates for goods sold from stock or display can be arranged and confirmed at the point of sale providing the entire order is paid for in full.

4.5. Delivery dates for special order goods cannot be confirmed if arranged or pre-booked at the point of sale. Such arrangements can only be confirmed after we have received the goods and any outstanding balance has been paid in full.

 

5.   Delivery.

5.1. Please ensure that you, the customer, or a responsible person will be present at the delivery address on the day of delivery to receive and sign for your goods.

5.2. The re-delivery of goods due to customer non-attendance at the delivery address will be charged at our prevailing rate.

5.3. Any changes to the delivery address may involve an additional delivery service charge.

5.4. Specially ordered goods will usually be delivered to you within 7-14 days after receipt from the manufacture.

5.5. The pre-arrangement for delivery of specially ordered or stock sold items on a particular delivery day may only be organised if the invoice is paid in full.

5.6. The delivery vehicle follows a pre-set delivery route which is planned by postcodes to maximise delivery efficency however, due to unforseen circumstances that may occur at any time such as a difficult access, road works, weather conditions etc, it is not possible to guarantee a timed delivery on any particular day. We will however, make every effort to accomadate a morning (8am - 1pm) or afternoon (12pm - 4.30pm) request on a specific date, but even this may be subject to change on the day, so cannot be guaranteed.

5.7. The team delivering your purchase will take it to your front door and upon invitation, the team will then enter the premises, taking due care to both your property and your purchase whilst acting under your guidence, or the guidence of the responsible person present and at your own risk. Access of both your purchase and our delivery team into, and within the delivery address will remain your responsibility.

5.8. To reduce the possibility of damage during the delivery process, please ensure thedelivery team has unrestricted accessboth to, and within the room of your choice by removing all valuable, delicate and wall/ceiling hanging items that may cause an obstruction and become damaged.

5.9. Barnes & Fadden Ltd. or their delivery representatives cannot be held responsible for any damage to property howsoever caused, or liable for any financial loss, consequential or otherwise, arising from or during the course of the delivery process.

5.10. If you are in any doubt, Barnes & Fadden Ltd can provide a doorstep only delivery service to avoid the possibility of damage being caused within your property.

5.11. Whilst acting under your guidence, the deliver team reserve the right to deny any request or instruction they deem to be unreasonable under the circumstances existing at that time.

5.12. Please unwrap and inspect your goods throughly upon delivery, and sign to confirm that your order has been received complete and in good condition. Any damage should be reported immediatly to the delivery team, or reported to Barnes & Fadden Ltd. within 24 hours of receiving the goods.

5.13. Please Note: We are unable to rectify or replace on a 'free of charge' basis, any claim of damage made against your order if such damage is not reported within 24 hours from receiving the goods.

 

6.   Access of goods into your property.

 6.1. PLEASE NOTE; It is your responsibility as the customer to ensure that any item you order will fit into your property/room of choice. If you have any doubts, please request a trial delivery as described in section 7 below.

6.2.  A trial delivery is STRONGLY RECOMMENDED if any of the following apply;

6.21. The Property is a Townhouse, Cottage, Apartment or Flat.

6.22. If Furniture has to be taken upstairs via a Lift, or into a Loft conversion.

6.23. If your property has any narrow passage ways, doorways, halls or stairs.

6.24. If there is restricted parking at the property.

6.3. Please also consider any specific delivery requirements that we need to be aware of before placing an order.

 6.4. Any special delivery requirements outside of our normal delivery service may be chargable.

6.5. Barnes & Fadden Ltd. or representatives thereof are unable to offer any valid comment or opinion as to access of goods into, or within, any property. As such, you expressly agree that upon placing an order, Barnes & Fadden Ltd. or any representative thereof, cannot be held responsible or liable for any loss, consequential or otherwise, if items that you have ordered do not fit into your property or room of choice.

 

7.   Trial delivery of goods.

7.1. To ensure that the item you intend to purchase will fit into your property/room of choice, you may request a trial delivery of the same (or similar) item/model providing the item is available from our store display and your property is within our core delivery area.

7.2. Our standard delivery charge of £25 will be charged to perform a trial delivery as described above.

7.3. Should the item not fit into your property/room of choice, then if no alternative product is available or desired, any deopsit placed against the order - with the exception of the trial delivery charge - will be refunded in full and the order cancelled.

7.4. In any event where a purchased item does not fit into a property/room of choice where a trial delivery has not been requested, a full refund will not be given. You will have the option to ask the delivery team to either leave the goods outside your property, return the goods to Barnes & Fadden Ltd. and receive a partial value credit note equal to 60% of the original purchase value which will only be valid in any Barnes & Fadden showroom, or make arrangements to have the furniture delivered to a different address on another day, which will be subject to an additional delivery charge.

 

8.   Storage of sold goods/customer orders.

8.1. Sold goods cannot be stored for longer than 14 days without full payment, or for longer that 10 weeks in total.

8.2. Sold goods stored after 14 days from the point of sale or from receipt will be charged at a rate of £25 per week.

8.3. In the event that full payment is not received for goods that have been stored for longer than 14 days, then you (the customer), expressly agrees that Barnes & Fadden Ltd. may deem the order cancelled, and a cancellation charge applied.

 

9.   Amendments.

 9.1. An amendment to any special order can only be accepted if made in person or by email within the first 5 days from the date of order. Confirmation of any change will then be confirmed either in person by the alteration and signing of the original order receipt, or by email return.

9.2. Any amendment made to any order by telephone within the first 5 days will only be accepted and confirmed by Barnes & Fadden if the customer then confirms such changes either in person or by email as described in 'a' above.

9.3. Amendments made to orders may still be possible after the 5 day period, but will then be subject to the manufacture's agreement to amend the order, which may also result in a delay to the order that is beyond the control of Barnes & Fadden Ltd.

 

10.   Cancellation.

 10.1. Cancellation of an order where items may, or may not, have been specifically ordered to your specification up to the close of business on the following day after the order was placed, will incur a £25 admin fee. This admin fee will be deducted from the initial deposit payment, and the balance of all other monies paid towards the cancelled items will then be refunded the same way in which it was paid.

10.2. We regret we are unable to accept cancellations for items that have been specifically ordered to your specification after the close of business on the following day after the order was placed. In such circumstances, no refund will be issued.

10.3. Cancellation of items not specifically ordered to your specification after the close of business on the following day from when the order was placed, but within 10 working days from when the order was placed will result in 50% of the order value being forfeited. The balance of any monies that remain after forfeit will then be refunded back to the customer the same way in which it was paid.

10.4. Cancellation of items not specifically ordered to your specification after the close of business on the 10th working day from when the order was placed, but before the order has been delivered by Barnes & Fadden Ltd. will result in 100% of the order value being forfeited. In such circumstances, no refund will be issued.

10.5. Once an order has been delivered, it cannot be cancelled or returned unless there is a fault that's been independantly varified on behalf of Barnes & Fadden Ltd.

10.6. PLEASE NOTE: Many of our products are made from natural materials. Variances in colour tones, shading, finish, pile flattening on fabric, stretching & scar marks on leather and colour or grain variances in the wood are not considered by the furniture industry as faults, therefore products that display such natural characteristics will not be exchanged, cancelled or refunded where this is the case. Nor will exchanges or refunds be offered, or cancellations accepted should any delivered product vary in finish, sit feel or comfort or size to the display model if deemed to be within tolerance.

10.7. All new products may look slightly different in colour shade or feel slightly different from the display models to begin with. This is not a fault and no exchange or refund will be issued, or cancellation accepted for this reason.

10.8. Items such as mattresses and sofas may at first feel slightly different and must be allowed to settle in with use over time. Comfort issues cannot be considered a fault as this is selective to the individual.

10.9. Barnes & Fadden Ltd. will not take any item back should you decide after delivery that you do not like the style, colour, size or comfort of the item/s you have purchased.

10.10. Barnes & Fadden Ltd. will not issue an exchange or refund where the product/s delivered matches the product/s ordered on the customer's order receipt, but the customer believes the product/s to be incorrect.

10.11. It is the customer's sole responsibility to ensure that all details recorded on the order receipt are stated correctly including, but is not limited to, colour/s, size/s, tension/s and quantity.  

10.12. The customer is also responsible for ensuring that they properly maintain the product/s in terms of re-dressing, cleaning, rotating, turning and correct use of the product for which it was designed.

 

11.   Distance Selling.

The following paragraphs and conditions are applicable only to the purchase of goods via 'Distance Selling'.

'Distance selling' is defined by rules that govern the supply of goods and services to a customer when a contract is made exclusively by means of distace communication (i.e. online) where the physical presence between a customer and the retailer has not occured. Customers who visit and then purchase from any Barnes & Fadden showroom will therefore not be subject to the following EU distance selling regulations.

 

11.1.  Price and Payment.

11.11. All prices displayed on this website are inclusive of Value Added Tax (VAT).

11.12. The total of all goods, services and any other applicable charges must be paid in full with a valid credit/debit card over the phone at the point of order, or by bank transfer within 24 hours of placing an order.

11.13. After full payment is received, both your order and payment will be confirmed before the order is processed (as detailed in '11.2 Contract arrangement and Billing period').

11.14. Barnes & Fadden reserves the right to verify that a customer has the right to use the payment credit/debit card or bank account specified to place an order.

11.15. All billing information must match that of the payment bank or card provider, and failure to provide this information correctly may result in a delay to the order.

11.16. Barnes & Fadden also reserves the right to delay delivery of any order until satisfied that the financial transaction is authorised and non-fraudulent.

11.17. If a financial transaction related to distant selling is not authorised, is incomplete or suspected as being fraudulent, then the order will be cancelled and any monies collected will be reimbursed the same way in which it was taken.

 

11.2.   Contract arrangement and billing period.

 11.21. After placing an order over the telephone you will receive an email and invoice receipt confirming payment which will form the basis of your contract with Barnes & Fadden Ltd.. The invoice will contain details of the goods you have purchased, a day when the order will be delivered or if a special order, an approximate lead time ot when the order will arrive at Barnes & Fadden Ltd. and the total cost of all goods and services. You will then be required to check these details and confirm they are all correct by email return. Once confirmation is received by Barnes & Fadden Ltd., your order will then be processed.

11.22. The billing period will commence when an order is placed, and will end when payment in full has been confirmed in writing as 'received' by Barnes & Fadden Ltd.

11.23. The minimum length of any contract processed via distance selling will start from the date when the order is placed, and will end on the close of business 14 days after the date when the order is delivered however, the ending of this contract will not negate your other statutory rights.

11.24. Unless otherwise agreed, if for any reason Barnes & Fadden Ltd. is unable to supply your order and/or service within 30 days from the date of your order, then Barnes & Fadden Ltd. will at your request, cancel your order, terminate the contract and refund in full all monies paid by you, using the same process as originally used for payment.

 

11.3.  Title, Liability & Risk.

11.31. Ownership of goods shall only pass to you, the customer, once full payment for the goods has been made.

11.32. All goods delivered to your pre-assigned delivery destination as documented on your invoice receipt will be at your risk from the time you, or a person of responsibility acting on your behalf, have signed to accept receipt of them.

11.33. Our only liability when distance selling is to make good any item/s found to be short delivered or missing on delivery, or to repair or replace goods if delivered by us and subsequently found to be faulty within 12 months from the date of delivery.

11.34. Barnes & Fadden Ltd. or representatives thereof cannot be held responsible or liable for any incurred financial loss, consequential or otherwise, or damage to property as a result of distance selling.

 

 11.4.   Delivery.

11.41. Our delivery team/carriers are contracted to deliver goods on our behalf. Please ensure that you, or a person of responsibility is at home on the pre-arranged day of delivery to receive, inspect and sign for your order.

11.42. Our delivery team has been instructed not to deliver any items whatsoever if you, or a person of responsibility aged at least 16 years or over, is not present to inspect and sign for your delivery. You may then be charged a re-delivery fee to re-deliver your order on another day.  

11.43. Upon our delivery team's arrival, please take time to inspect all of the items being delivered, and sign for the delivery of your order as detailed on your invoice.

11.44. Failure to indicate in writing any item/s that may be missing from your order at the time of delivery may result in you having to pay to replace any item that is later alledged to be missing from your delivered order.  

11.45. If you instruct Barnes & Fadden Ltd. or our delivery team to leave items you have purchased with a third party (i.e. neighbour) and have them inspect and sign for your order on your behalf, then Barnes & Fadden Ltd. or representitives thereof will not be liable for any damage to property or goods howsoever caused, or theft of any item/s whatsoever, that may be reported after delivery of your order has been inspected and signed for.

11.46. If you make arrangements to dispose of your existing goods, please ensure this is done the day after your delivery is scheduled.

11.47. Barnes & Fadden Ltd. will make every effort to ensure your delivery takes place on the pre-arranged day however, from time to time this may not be possible due to an occurance that is beyond our control. In such circumstances, you expressly agree that Barnes & Fadden Ltd. cannot be liable for any financial loss, consequential or otherwise, that you may incur as a result of such non-delivery.

11.48. If part or all of an order is delivered damaged, or if an item is missing, you must clearly state this on the delivery note.

11.49. The signing of your delivery docket will be deemed as clear proof of delivery, and signing as 'not checked' or similar will also be deemed as clear proof of delivery.

11.410. If for any reason Barnes & Fadden are unable to deliver your order due to your absence, or the absence of a responsable person at the designated property address, then we reserve the right to implement a charge for the re-delivery of your order, and deliver the order on another day.

11.411. Barnes & Fadden Ltd. reserves the right to refuse any pre-arranged collection/disposal of old goods on Health and Safety grounds if wet or solied products are not adequately wrapped/packaged prior to collection.

11.412. Refusal of such goods based on Health and Safety grounds may result in part or all of the collection/disposal/recycle charge being forfeited.

 

11.5.   Cooling-Off Period.

11.51. The minimum length of any distance selling or off premises contract will extend from when your order is confirmed by Barnes & Fadden Ltd. up to 30 days after your goods have been delivered.

11.52.  The minimum length of your billing period will extend from when you place your order up to when you receive your conformation of order email (detailed in 11.21.).

11.53. Consumers in the UK have up to 30 days to report faulty and/or damaged goods and to exercise their right of withdrawal from a distance selling contract or 'Off Premises' contract, with or without cause, and without cost however, you will still be required to pay for the supplementry cost of services and/or 'free gifts' that you may have received as part of your order but can lo longer be returned.

11.54. Barnes & Fadden Ltd. may exercise their right not to accept any cancellation or withdrawal from a distance selling or off premises contract where goods have been ordered and made to your bespoke requirements in size, colour or specification.

11.55. Subject to section 11.54., should you wish to exercise your right to withdraw from, and terminate your contract, you will be required to complete a standard cancellation form that will be supplied to you

 

 11.6.   Conditions for order cancellation & contract Termination.

11.61. When purchasing goods from Barnes & Fadden Ltd. via distance selling, you are protected by the Distance Selling Regulations. This EU regulation allows you 14 calander days from the day after delivery to notify us in writing (email) the reason why you are unhappy with the item/s peuchased, or that you wish to terminate your contract.

11.62. In the case that you wish to have a damaged or faulty item replaced, we will arrange for the item to be replaced free of charge and at our own risk.

11.63. Where you wish to terminate your contract, you will be required to arrange the return of the cancelled item/s, to our warehouse facility in Sutton at your own risk. Details of our warehouse address will be supplied upon request. All returned item/s must be received at our warehouse facility in perfect condition, in its original packaging or suitably packaged to prevent product damage during transit. At this point in time, the item/s returned will still remain your risk untill each returned item has been inspected and confirmed present, correct and in perfect condition.

11.64. The risk for all returned items will rest entirely with you, the customer. As such, it will be your responsibility to insure the cost of the returned item/s as the risk for such items will only be transferred to Barnes & Fadden Ltd. once confirmation has been relayed to you in writing that the returned item/s received by Barnes & Fadden Ltd. are present, correct and in perfect condition.

11.65. In the event that the original packing has been discarded or is damaged and unsuitable for use, we may charge you the sum of £35 to deliver and supply you with additional packaging to protect the item/s being returned.

11.66. If you require us to arrange our delivery team to collect your cancelled item/s, then it will not be necessary to insure the item/s being returned, as they will be inspected and packaged by our delivery team upon collection. You will only be charged for the packaging (£15) and the return delivery charge that will depend on the distance of your location. Such charges are clearly displayed on this website via the link 'delivery service' displayed on each page.

11.67. In the event of order cancellation, any 'free of charge' gifts or services offered must also be returned. If this is not possible (disposal or delivery service was the 'gift' for example) then we may seek to recover the cost of those services at the rates displayed when the order was placed. The sum total of such gifts will then be deducted from the refund value amount.

 

11.7.  Loss of right to Cancel.

11.71. You will lose your right to cancel your distance selling contract after 30 days have elapsed from the date your order was delivered.

 

11.8.  Cancellation Form.

11.81. Please click on this link: 'Standard Cancellation form' if you wish to exercise your right to cancel your distance selling contract.