TERMS & CONDITIONS
1. Company details and contact information
1.1 . Barclay Interiors Ltd, company number 07761683 and registered office at Worlds End Studios Ltd, 132-134 Lots Road, London, England, SW10 0RJ.
Our main trading address is Frogfield, Charter Avenue, Laurencekirk, Aberdeenshire AB30 1GJ.
We operate the website www.barclay-interiors.com (Website).
1.2 Contacting us. Contact us at hello@thedressedtree.com.
2. Contract with you
2.1 These terms and conditions (Terms) apply to the order by you of goods (Goods) and/or services (Services). The Terms apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing and you waive any right you might otherwise have to rely on any term endorsed upon, delivered with or contained in any documents that is inconsistent with these Terms.
2.2 The Contract is the entire agreement between us in relation to its subject matter.
2.3 In these Terms “you” wherever used shall mean you as a consumer or where acting as a business, with whom we have contracted with for the supply of Goods and/or Services by us.
3. Order and its acceptance
3.1 To place an order please follow the onscreen prompts on our Website. By clicking on the “confirm” button at the end of the order process, you are agreeing to be bound by these Terms.
3.2 For bespoke goods, please contact us at hello@thedressedtree.com to discuss details (Bespoke Goods).
3.3 Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it.
3.4 After you place an order, you will receive an order confirmation at which point the Contract between you and us will come into existence but we reserve the right to amend the specification of the Goods and Services as set out in these Terms. The Contract between you and us will relate only to those Goods and/or Services confirmed.
3.5 Any quotation given by us shall not constitute an offer, and is only valid for the period we specify.
3.6 If we are unable to supply you with the Goods and/or Services for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Goods and/or Services, we will refund you the full amount as soon as possible provided that this is not due to an act or omission by you.
4. Cancelling your order
4.1 Subject to Clause 4.2, If you are a consumer and you have changed your mind about keeping your Goods, please return the Goods within 14 days of receiving and in original condition, with proof of purchase. We will exchange or refund your Goods, as long you have kept all original packaging and labels in good condition, the Goods can be resold at full price and you have not used the Goods.
4.2 Save for manufacturing defaults, Bespoke Goods are made to your individual specification and as such, you cannot cancel any order for such Bespoke Goods and will not be entitled to any refund where you change your mind.
4.3 As a measure to help with any breakage/faults we will add some additional complimentary Goods to your order.
4.4 Where 4.3 does not reasonably remedy, in the event of any manufacturing faults please contact us promptly and we can discuss exchange or refund options.
4.5 After 30 days, we will repair or replace the Goods in accordance with the Consumer Rights Act 2015, if you are a consumer, or Sales of Goods Act 1979, if you are a business.
5. Our Goods and Services
5.1 Any images, descriptions or illustrations of the Goods and Services on our Website or in any advertising, brochures or catalogues are for illustrative purposes only and are published for the sole purpose of giving an approximate idea of the Good/Services described in them. They will not form part of the Contract or have any contractual force. Although we have made every effort to display the colours accurately, we cannot guarantee that your display of the colours accurately reflect the colour of the Goods. The colour of your Goods may vary slightly from those images.
5.2 We have made every effort to be as accurate as possible, however we cannot guarantee availability of any Goods at any time before or after your order confirmation. We recommend that you make your order as soon as possible in the relevant year to avoid disappointment.
5.3 The packaging of your Goods may vary from that shown on images on our Website.
5.4 We reserve the right to amend the specification of the Goods and Services if required by any applicable statutory or regulatory requirement.
5.5 We warrant to you that the Services will be provided using reasonable care and skill.
5.6 We will use all reasonable endeavours to meet any agreed dates, but any such dates are estimates only and the times of delivery are not of the essence.
5.7 As part of the Goods we deliver, we may add some complimentary Goods to act as spares/replacements in the event of any damage during delivery.
6. Delivery, transfer of risk and title
6.1 We will update you with an estimated delivery date.
6.2 Delivery is subject to us receiving all necessary information to enable us to proceed with delivery of the Goods.
6.3 Delivery is complete once the Goods have been unloaded. The Goods will be at your risk.
6.4 Any damage that has occurred in transit or any shortages must be reported promptly to us at hello@thedressedtree.com.
6.5 To report any fault with the Goods and/or Services after delivery, please contact us on hello@thedressedtree.com.
7. Your obligations
7.1 It is your responsibility to ensure that:
(a) the terms of your order are complete and accurate;
(b) you cooperate with us in all matters relating to the Goods and Services;
(f) you obtain and maintain any necessary licences, permissions and consents which may be required for the Goods and Services before the date on which the Goods and/or Services are to start; and
(g) you comply with all applicable laws, including health and safety laws;
7.2 If our ability to deliver the Goods and/or perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed above:
(a) we will be entitled to suspend performance of the Contract until you remedy your default, and to rely on your default to relieve us from the performance of the Contract, in each case to the extent your default prevents or delays performance of the Contract;
(b) we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Contract; and
(c) it will be your responsibility to reimburse us for any directly arising costs or losses we sustain from your default.
8. Price of Goods and Services
8.1 The prices of the Goods and/or Services will be as quoted on our Website at the time you submit your order. We take all reasonable care to ensure that the prices of Goods and Services are correct at the time when the relevant information was entered onto the system.
8.2 Prices for our Goods and Services may change from time to time, but changes will not affect any order you have already placed.
8.3 If you wish to change the scope of the Goods and/or Services after your order confirmation, we may modify the price accordingly.
9. How to pay
9.1 Payment for the Goods and Services is in advance and through following the process on our website.
9.2 If you fail to make a payment under the Contract by the due date, then, without limiting our remedies under these Terms, you will have to pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this Clause 10.2 will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
9.3 We shall each pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
10. Our warranty for the Goods
10.1 The Goods and Services are intended for use only in the United Kingdom. We do not warrant that the Goods and Services comply with the laws, regulations or standards outside the United Kingdom.
10.2 We provide a warranty that on delivery, the Goods shall:
(a) conform in all material respects with their description; and
(b) be free from material defects in design, material and workmanship.
10.3 We will not be liable for breach of the warranty set out above if:
(a) you make any further use of the Goods after giving notice to us that you wish to return the Goods;
(b) the defect arises as a result of us following any drawing, design or specification supplied by you;
(c) you alter or repair the Goods without our written consent;
(d) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
(e) the Goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
10.4 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods and Services.
10.5 These Terms also apply to any repaired or replacement Goods supplied by us to you.
11. Our liability
11.1 References to liability in this Clause include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
11.2 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(d) any other liability that cannot be limited or excluded by law.
11.3 Subject to above, we will under no circumstances be liable to you for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
11.4 Subject to above, our total liability to you for all losses arising under or in connection with the Contract will in no circumstances exceed the amount paid under the Contract for the particular Goods and/or Services to be supplied in respect of which the liability arises.
12. Termination
12.1 Without limiting any of our other rights, we may suspend the supply or delivery of the Goods and/or Services to you, or terminate the Contract with immediate effect by giving written notice to you if:
(a) you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 14 days of you being notified in writing to do so; or
(b) you fail to pay any amount due under the Contract on the due date for payment;
12.2 Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.
12.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
13. Events outside our control
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control.
14. General
14.1 Assignment and transfer.
(a) We may assign or transfer our rights and obligations under the Contract to another entity but will endeavour to notify you in writing or by posting on this webpage if this happens.
(b) You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
14.2 Variation. We reserve the right to supplement, update and amend these Terms from time to time.
14.3 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
15. Governing law and jurisdiction. The Contract is governed by laws of Egland and Wales and each party irrevocably agrees to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English court.
