Terms and Conditions

Use of cookies by this website

Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site.

One of the cookies we use is essential for parts of the site to operate and has already been set. You may delete and block all cookies from this site, but parts of the site will not work.

 

CookieNamePurposeMore information
Essential site cookie

ASP.NET_SessionId

This cookie is essential for the online notification form to operate and is set upon your arrival to the ICO site. This cookie is deleted when you close your browser.

Visit the Microsoft website

Google Analytics

_utma
_utmb
_utmc
_utmz

These cookies are used to collect information about how visitors use our site. We use the information to compile reports and to help us improve the site. The cookies collect information in an anonymous form, including the number of visitors to the site, where vistors have come to the site from and the pages they visited.

Click here for an overview of privacy at Google

Site cookie acceptance This cookie is used to record if a user has accepted the use of cookies on this website. 

 

Business to Consumer - Online terms and conditions 

These terms and conditions form the basis on which you can visit us and our website. Please read them carefully as they contain important information.

 General terms and conditions

 

This site is owned and operated by The Barre (UK) Limited of Unit V5, Victoria Mills, 511 Bradford Road, Batley, WF17 8LL. If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at info@thebarre.co.uk or 01274 688 088.

 

  1. The contract between us

 

We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted by us only when the goods are dispatched. Only at this point is a legally binding contract created between us.

 

  1. Acknowledgement of your order

 

To enable us to process your order, you will need to provide us with your e-mail address. We will notify you by e-mail as soon as possible to confirm receipt of your order and to confirm details. For the avoidance of doubt, this correspondence does not constitute a contract between us.

 

  1. Ownership of rights

 

All rights, including copyright, in this website are owned by or licensed to The Barre (UK) Limited. Any use  of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.

 

  1. Accuracy of content

 

We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been described accurately. However, orders will only be processed if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the goods are approximate only.

 

  1. Damage to your computer

 

We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.

 

  1. Availability

 

All orders are subject to acceptance and availability. If the goods you have ordered are not available from stock, we will contact you by e-mail or phone (if you have given us details). You will have the option either to wait until the item is available from stock or to cancel your order.

 

  1. Ordering errors

 

You are able to correct errors on your order up to the point on which you click on “Continue” during the ordering process.

 

  1. Price

 

The prices payable for goods that you order are as set out on our website. All prices are inclusive of VAT at the current rates and are correct at the time of entering information.

 

Where it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by email, and offer to sell you the goods of the specification and description at the price stated in the email and will state in the email the period for which the offer or the price remains valid.

 

  1. Payment terms

 

We will take payment upon receipt of your order from your credit or debit card. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from you, then we can refuse to process your order and/or suspend any further deliveries to you. This does not affect any other rights we may have.

 

NOTE

 All goods delivered / used in the UK will be subject to UK VAT (Please see HMRC website for more infomrtion)

 

  1. Delivery charges

 

Delivery charges vary according to the type of goods ordered.

 

  1. Delivery

 

11.1      Our delivery charges are set out during the checkout process in our website.

 

11.2      [You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations.]

 

 

11.3      We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed and therefore time is not of the essence. In any event, we will aim to deliver your goods within 30 days from the day after the day we received your order. If delivery is delayed beyond this time, we will contact you and either agree a mutually acceptable alternative date, or offer you a full refund.

 

11.4      You will become the owner of the goods you have ordered when they have been paid for in full and delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.

 

11.5      There may be occasion when the deliveries are split by the courier and will be delivered later.

 

11.6      Some couriers may not leave goods outside or unsigned for and if they are sent back you may be charged for a redelivery.

 

  1. Risk and ownership

 

Risk of damage to or loss of the goods passes to you at the time of delivery to you. If you choose to use your own courier then the risk passes to you as soon as the goods are handed to your courier. You will only own the goods once they have been successfully paid for and delivered.

 

  1. Cancellation rights

 

13.1      Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 you have the legal right to cancel your order up to 14 calendar  days after the day on which you receive your goods (with the exception of goods mentioned in 13.3 below). You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.

 

13.2      Should you wish to cancel your order, you can use the cancellation form provided at the end of these terms and conditions, or alternatively you can notify us by any other clear statement.

 

13.3      You cannot cancel your contract if the goods you have ordered are made to your specifications or are clearly personalised, if it’s newspapers or magazines or if you have taken any audio or video recording or computer software out of the sealed package in which it was delivered to you.

 

13.4      If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery, you should not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.

 

13.5      Once you have notified us that you are cancelling your contract, and we have either received the goods back or, if earlier, received evidence that you have sent the goods back, we will refund any sum debited by us from your credit or debit card within 14 calendar days.

 

13.6      We may make a deduction from your refund for any loss in the value of the goods supplied if the loss is the result of unnecessary handling by you (for example using or wearing the goods prior to cancellation). We may also deduct the original cost of shipping.

 

  1. Cancellation by us

 

14.1      We reserve the right not to process your order if:

 

14.1.1   We have insufficient stock to deliver the goods you have ordered;

14.1.2   We do not deliver to your area; or

14.1.3   One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

14.1.4   We reserve the right to cancel any contract with prior notice.

 

14.2      If we do not process your order for the above reasons, we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit/debit card as soon as possible, but in any event within 14 days.

 

14.3      Payment in full has not been received.

 

  1. If there is a problem with the goods

 

15.1      If you have any questions or complaints about the goods please contact us.  You can do so at 01274 688 088 or info@thebarre.co.uk.

15.2      We are under a legal duty to supply goods that are in conformity with this contract and in accordance with the Consumer Rights Act 2015 (the Act).

 

15.3      If you wish to exercise your legal rights to reject goods which do not conform with the Act you must either return them in person to where you bought them, post them back to us, or (if they are not suitable for posting) or allow us to collect them from you. We will pay the cost of postage or collection.

 

  1. Liability

 

16.1      Unless agreed otherwise, if you do not receive goods ordered by you within 30 days of the date on which you ordered them and decide to cancel the order rather than re-arrange delivery (in accordance with clause 11), we will provide you with a full refund.

 

16.2      We are only responsible for losses that are a natural, foreseeable consequence of our breach of these terms and conditions. We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do, or is due to events which are beyond our reasonable control.

 

16.3      Furthermore, we do not accept liability for any losses related to any business of yours including but not limited to: lost data, lost profits, lost revenues or business interruption.

           

16.4      You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

 

16.5      Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence. You have certain rights as a consumer including legal rights (e.g. under the Act) relating to faulty and/or misdescribed goods.

 

  1. Notices

 

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at The Barre (UK) Limited, Unit V5, Victoria Mills, 511 Bradford Road, Batley, WF17 8LL and all notices from us to you will be displayed on our website from time to time.

 

  1. Changes to legal notices

 

We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.

 

  1. Law, jurisdiction and language

 

This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.

 

  1. Invalidity

 

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

 

 

  1. How we may use your personal information

 

We will only use your personal information as set out in our privacy policy: https://www.thebarre.co.uk/privacy-policy .

 

  1. Third party rights

 

Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.

 

CANCELLATION FORM DOWNLOAD HERE


IT IS THE RECIPIENT'S RESPONSIBILITY TO ENSURE THAT ALL USERS OF THIS EQUIPMENT ARE FULLY AWARE OF THE ABOVE INFORMATION.

 BARRE HIRE -

The hirer / customer accepts all responsibility for the build and dismantle of the goods.

The hiree / The Barre does not accept liability for loss or damage caused by hire.

 

BUSINESS TO BUSINESS – TERMS AND CONDITIONS FOR SALE OF GOODS

 

The Buyer’s attention is particularly drawn to Clause 12

 

  1. Definitions

 

Seller               means The Barre (UK) Limited of Unit V5, Victoria Mills, 511 Bradford Road, Batley, WF17 8LL

 

Buyer                          the person who buys or agrees to buy the goods from the Seller.

 

Conditions                   the terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the Seller.

 

Goods                          the items which the Buyer agrees to buy from the Seller as set out in the Schedule.

 

Price                            the price for the Goods, includes VAT but excludes any carriage, packaging and insurance costs.

 

Force Majeure Event  has the meaning set out in clause 11.

 

  1. Conditions

 

2.1        These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods, to the exclusion of all other terms and conditions including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.

 

2.2        All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these Conditions.  

 

2.3        Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions.

 

2.4        These Conditions may not be varied except by the written agreement of The Barre (UK) Limited the Seller.

 

2.5        These Conditions represent the whole of the agreement between the Seller and the Buyer.  They supersede any other conditions previously issued.

 

  1. Price

 

The Price shall be in £ GBP (or) [the price quoted on the Seller’s confirmation of order]. 

 

  1. Payment and Interest

 

4.1        Payment of the Price and VAT shall be due up on the date of the Seller’s invoice.   

 

4.2        Interest on overdue invoices shall accrue from the date when payment becomes due calculated on a daily basis until the date of payment at the rate of [8%] per annum above the Bank of England base rate from time to time in force.  Such interest shall accrue after as well as before any judgment.

 

4.3        The Buyer shall pay all accounts in full and not exercise any rights of set-off or counter-claim against invoices submitted by the Seller.

 

  1. Goods

 

5.1        The Goods are described in the Schedule.

 

5.2        The Seller reserves the right to amend or change the specification of the Goods if required by any applicable statutory or regulatory requirements.

 

  1. Warranties

 

6.1        The Seller warrants that for a period of 3  months commencing on the date of delivery of the Goods (Warranty Period), the Goods shall:

 

6.1.1     conform with their description;

 

6.1.2     be of satisfactory quality with the meaning of the Sale of Goods Act 1979; and

 

6.1.3     be fit for any purpose held out by the Seller.

 

  1. Delivery of the Goods

 

7.1        Delivery of the Goods shall be made to the Buyer’s address.  The Buyer shall make all arrangements necessary to take delivery of the Goods on the day notified by the Seller for delivery.

 

7.2        The Seller undertakes to use its reasonable endeavours to despatch the Goods on an agreed delivery date, but does not guarantee to do so.  Time of delivery shall not be of the essence of the contract.

 

7.3        The Seller shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods.  If short delivery does take place, the Buyer may not reject the Goods but shall accept the Goods delivered as part performance of the contract, and a pro-rata adjustment to the Price shall be made.

 

7.4        If the Buyer fails to take delivery of the Goods on the agreed delivery date or, if no specific delivery date has been agreed, when the Goods are ready for despatch, the Seller shall be entitled to store and insure the Goods and to charge the Buyer the reasonable costs of so doing.

 

  1. Acceptance of the Goods

 

8.1        The Buyer shall be deemed to have accepted the Goods up on delivery. 

 

8.2        The Buyer shall carry out a thorough inspection of the Goods up on delivery and give notice in writing to the seller after discovering that some or all of the goods do not comply with the Warranty above, the Buyer must return the Goods to the Seller at the Buyer’s cost and the Seller shall, at its option, repair or replace any Goods that are defective, or refund the price of such defective Goods.

 

8.3        Where the Buyer has accepted, or has been deemed to have accepted, the Goods the Buyer shall not be entitled to reject Goods which are not in accordance with the contract. 

 

  1. Title and risk

 

9.1        Risk shall pass on delivery of the Goods to the Buyer’s address.

 

9.2        Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Seller and shall not pass to the Buyer until the amount due under the invoice for them (including interest and costs) has been paid in full.

 

9.3        Until title passes the Buyer shall hold the Goods as bailee for the Seller and shall store or mark them so that they can at all times be identified as the property of the Seller.

 

9.4        The Seller may at any time before title passes and without any liability to the Buyer:

 

9.4.1     repossess and dismantle and use or sell all or any of the Goods and by doing so terminate the Buyer’s right to use, sell or otherwise deal in them; and

 

9.4.2     for that purpose (or determining what if any Goods are held by the Buyer and inspecting them) enter any premises of or occupied by the Buyer.

 

9.5        The Seller may maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Buyer.

 

  1. Carriage of Goods

 

Carriage will be chargeable on all sales unless otherwise agreed in writing.

 

  1. Force Majeure

 

11.1      For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of the Seller including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the Seller or any other party), failure of a utility service or transport network, act of God, war, terrorism, riot, civil commotion, interference by civil of military authorities, national or international calamity, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, earthquake, epidemic or similar events, or default of suppliers or subcontractors.

 

11.2      The Seller shall not be liable to the Buyer as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.

 

11.3      If the Force Majeure Event prevents the Seller from providing any of the Goods for more than 1 week, the Seller shall, without limiting its other rights or remedies, have the right  to terminate this Contract immediately by giving written notice to the Buyer.

 

  1. Limitation of Liability: THE BUYER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE

 

12.1     Nothing in these Conditions shall limit or exclude the Seller's liability for:

 

12.1.1.     death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;

 

12.1.2.     fraud or fraudulent misrepresentation;

 

12.1.3.    breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

 

12.1.4.    defective products under the Consumer Protection Act 1987.

 

12.2.    Subject to clause 12.1:

 

12.2.1.  the Seller shall under no circumstances whatever be liable to the Buyer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and

 

12.2.2.    the Seller's total liability to the Buyer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the cost of the goods less shipping and unforeseen charges

 

12.3      After the Warranty Period, the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.

 

12.4      This clause 12 shall survive termination of the Contract.

 

  1. General

 

13.1    Notices.

 

13.1.1    Any notice or other communication given to a party under or in  connection with this Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally or sent by prepaid first-class post or other next working day delivery service, or by commercial courier.

 

13.1.2    The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action

 

13.2      Waiver.  A waiver of any right under the Contract or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

 

13.3      No partnership or agency.  Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, nor constitute either party the agent of another party for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.

 

13.4      Third parties.  A person who is not a party to the Contract shall not have any rights to enforce its terms.

 

13.5      This Contract contains the entire agreement and understanding of the parties relating to the subject matter of this Contract and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between the parties, whether written or oral.

 

13.6      Variation.  Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions shall be effective unless it is agreed in writing and signed by the Seller.

 

13.7      Governing law.  This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

 

13.8      Jurisdiction.  Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).

 

 

 

BUSINESS TO BUSINESS TERMS AND CONDITIONS FOR HIRE OF GOODS

The Hirees attention is particularly drawn to Clause 12

1. Definitions

Hirer means The Barre (UK) Limited of Unit V5, Victoria Mills, 511 Bradford Road,
Batley, WF17 8LL

Hiree the person who Hires or agrees to Hire the goods from the Hirer.

Conditions the terms and conditions of Hire as set out in this document and any
special terms and conditions agreed in writing by the Hirer.

Goods the items which the hiree agrees to hire from the hirer as set out in
the Schedule.

Price the price for the Goods, includes VAT but excludes any carriage,
packaging and insurance costs.

Force Majeure Event has the meaning set out in clause 11.

2. Conditions

2.1 These Conditions shall form the basis of the contract between the hirer and the hiree
in relation to the hire of Goods, to the exclusion of all other terms and conditions
including the hirees standard conditions of hire or any other conditions which the
hiree may purport to apply under any hire order or confirmation of order or any other
document.

2.2 All orders for Goods shall be deemed to be an offer by the hiree to hire Goods from
the hirer pursuant to these Conditions.

2.3 Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the
hirees acceptance of these Conditions.

2.4 These Conditions may not be varied except by the written agreement of The Barre
(UK) Limited the hirer.

2.5 These Conditions represent the whole of the agreement between the hirer and the
hiree. They supersede any other conditions previously issued.

3. Price

The Price shall be in £ GBP (or) [the price quoted on the hirer’s confirmation of order].

4. Payment and Interest

4.1 Payment of the Price and VAT shall be due up on the date of the hirer’s invoice.

4.2 Interest on overdue invoices shall accrue from the date when payment becomes due
calculated on a daily basis until the date of payment at the rate of [8%] per annum
above the Bank of England base rate from time to time in force. Such interest shall
accrue after as well as before any judgment.

4.3 The hiree shall pay all accounts in full and not exercise any rights of set-off or
counter-claim against invoices submitted by the hirer.

 


2
5. Goods

5.1 The Goods are described in the Schedule.

5.2 The hirer reserves the right to amend or change the specification of the Goods if
required by any applicable statutory or regulatory requirements.


7. Delivery of the Goods

7.1 Delivery of the Goods shall be made to the hiree’s address. The hiree shall make all
arrangements necessary to take delivery of the Goods on the day notified by the hirer
for delivery.

7.2 The hirer undertakes to use its reasonable endeavours to despatch the Goods on an
agreed delivery date, but does not guarantee to do so. Time of delivery shall not be
of the essence of the contract.

7.3 The hirer shall not be liable to the hiree for any loss or damage whether arising
directly or indirectly from the late delivery or short delivery of the Goods. If short
delivery does take place, the hiree may not reject the Goods but shall accept the
Goods delivered as part performance of the contract, and a pro-rata adjustment to
the Price shall be made.

7.4 If the hiree fails to take delivery of the Goods on the agreed delivery date or, if no
specific delivery date has been agreed, when the Goods are ready for despatch, the
hirer shall be entitled to store and insure the Goods and to charge the hiree the
reasonable costs of so doing.

8. Acceptance of the Goods

8.1 The hiree shall be deemed to have accepted the Goods up on delivery. Where
reasonability for the goods transfers from the hirer to the hiree.

8.2 Additional charges apply if the hire goods are lost or damaged while in the hirees
possession. Charges also will be made if delivery or collection slots are missed and re-
delivery needs to be assigned. These charges are set out below.

Loss of goods (Per Hire Set) £75.00
Damage of goods (Per Hire Set) £200.00
Re-Delivery Charge (Per Hire Set) £35.00

9. Title and risk

9.1 Risk shall pass on delivery of the Goods to the hirees address.

9.2 Notwithstanding the earlier passing of risk, title in the Goods shall remain with the
hiree and shall not pass to the hirer until the amount due under the invoice for them
(including interest and costs) has been paid in full.

9.3 Until title passes the hiree shall hold the Goods as bailee for the hirer and shall store
or mark them so that they can at all times be identified as the property of the hirer.

9.4 The hirer may at any time before title passes and without any liability to the hiree:

9.4.1 repossess and dismantle and use or sell all or any of the Goods and by doing
so terminate the hiree’s right to use, sell or otherwise deal in them; and

 


3
9.4.2 for that purpose (or determining what if any Goods are held by the hiree and
inspecting them) enter any premises of or occupied by the hiree.

9.5 The hirer may maintain an action for the price of any Goods notwithstanding that title
in them has not passed to the hiree.


10. Carriage of Goods

Carriage will be chargeable on all hire unless otherwise agreed in writing.

11. Force Majeure

11.1 For the purposes of this Contract, Force Majeure Event means an event beyond the
reasonable control of the hirer including but not limited to strikes, lock-outs or other
industrial disputes (whether involving the workforce of the hirer or any other party),
failure of a utility service or transport network, act of God, war, terrorism, riot, civil
commotion, interference by civil of military authorities, national or international
calamity, malicious damage, compliance with any law or governmental order, rule,
regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm,
earthquake, epidemic or similar events, or default of suppliers or subcontractors.

11.2 The hirer shall not be liable to the hiree as a result of any delay or failure to perform
its obligations under this Contract as a result of a Force Majeure Event.

11.3 If the Force Majeure Event prevents the hirer from providing any of the Goods for
more than 1 week, the hiree shall, without limiting its other rights or remedies, have
the right to terminate this Contract immediately by giving written notice to the hiree.

12. Limitation of Liability: THE HIREE’S ATTENTION IS PARTICULARLY DRAWN TO
THIS CLAUSE

12.1 Nothing in these Conditions shall limit or exclude the hirer's liability for:

12.1.1 death or personal injury caused by its negligence, or the negligence of its
employees, agents or subcontractors;

12.1.2 fraud or fraudulent misrepresentation;

12.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title
and quiet possession); or

12.1.4 defective products under the Consumer Protection Act 1987.

12.2 Subject to clause 12.1:

12.2.1 the hirer shall under no circumstances whatever be liable to the hiree,
whether in contract, tort (including negligence), breach of statutory duty, or
otherwise, for any loss of profit, or any indirect or consequential loss arising
under or in connection with the Contract; and

12.2.2 the hirerr's total liability to the hiree in respect of all other losses arising
under or in connection with the Contract, whether in contract, tort (including
negligence), breach of statutory duty, or otherwise, shall in no circumstances
exceed the cost of the goods less shipping and unforeseen charges


12.3 This clause 12 shall survive termination of the Contract.

 


4

13. General

13.1 Notices.

13.1.1 Any notice or other communication given to a party under or in connection
with this Contract shall be in writing, addressed to that party at its registered
office (if it is a company) or its principal place of business (in any other case)
or such other address as that party may have specified to the other party in
writing in accordance with this clause, and shall be delivered personally or
sent by prepaid first-class post or other next working day delivery service, or
by commercial courier.

13.1.2 The provisions of this clause shall not apply to the service of any proceedings
or other documents in any legal action

13.2 Waiver. A waiver of any right under the Contract or law is only effective if it is in
writing and shall not be deemed to be a waiver of any subsequent breach or default.
No failure or delay by a party in exercising any right or remedy under the Contract or
by law shall constitute a waiver of that or any other right or remedy, nor prevent or
restrict its further exercise of that or any other right or remedy. No single or partial
exercise of such right or remedy shall prevent or restrict the further exercise of that
or any other right or remedy.

13.3 No partnership or agency. Nothing in the Contract is intended to, or shall be deemed
to, establish any partnership or joint venture between any of the parties, nor
constitute either party the agent of another party for any purpose. Neither party shall
have authority to act as agent for, or to bind, the other party in any way.

13.4 Third parties. A person who is not a party to the Contract shall not have any rights to
enforce its terms.

13.5 This Contract contains the entire agreement and understanding of the parties relating
to the subject matter of this Contract and extinguishes all previous agreements,
promises, assurances, warranties, representations and understandings between the
parties, whether written or oral.

13.6 Variation. Except as set out in these Conditions, no variation of the Contract,
including the introduction of any additional terms and conditions shall be effective
unless it is agreed in writing and signed by the Seller.

13.7 Governing law. This agreement and any dispute or claim arising out of or in
connection with it or its subject matter or formation (including non-contractual
disputes or claims) shall be governed by and construed in accordance with the law of
England and Wales.

13.8 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall
have exclusive jurisdiction to settle any dispute or claim arising out of or in connection
with this Contract or its subject matter or formation (including non-contractual
disputes or claims).

 

 




BUSINESS TO CONSUMER - ONLINE TERMS AND CONDITIONS BETWEEN A BUSINESS
AND CONSUMER FOR THE HIRE OF GOODS


These terms and conditions form the basis on which you can visit us and our website. Please read
them carefully as they contain important information.

General terms and conditions

This site is owned and operated by The Barre (UK) Limited of Unit V5, Victoria Mills, 511 Bradford
Road, Batley, WF17 8LL. If you have any queries about these terms and conditions or if you have any
comments or complaints on or about our website, you can contact us at info@thebarre.co.uk or 01274
688 088.

1. The contract between us

We must receive payment of the whole of the price for the goods that you hire before your hire
order can be accepted. Payment of the price for the goods hire represents an offer on your part
to Hire the goods, which will be accepted by us only when the hire goods are paid for. Only at
this point is a legally binding contract created between us.

2. Acknowledgement of your order

To enable us to process your order, you will need to provide us with your e-mail address. We
will notify you by e-mail as soon as possible to confirm receipt of your order and to confirm
details. For the avoidance of doubt, this correspondence does not constitute a contract between
us.

3. Ownership of rights

All rights, including copyright, in this website are owned by or licensed to The Barre (UK)
Limited. Any use of this website or its contents, including copying or storing it or them in whole
or part, other than for your own personal, non-commercial use, is prohibited without our
permission. You may not modify, distribute or repost anything on this website for any purpose.

4. Accuracy of content

We have taken care in the preparation of the content of this website, in particular to ensure
that prices quoted are correct at the time of publishing and that all goods have been described
accurately. However, orders will only be processed if there are no material errors in the
description of the goods or their prices as advertised on this website. Any weights, dimensions
and capacities given about the goods are approximate only.

5. Damage to your computer

We try to ensure that this website is free from viruses or defects. However, we cannot
guarantee that your use of this website or any websites accessible through it will not cause
damage to your computer. It is your responsibility to ensure that the right equipment is
available to use the website. Except in the case of negligence on our part, we will not be liable
to any person for any loss or damage which may arise to computer equipment as a result of
using this website.

6. Availability

All hire orders are subject to acceptance and availability. If the hire goods you have ordered are
not available from stock, we will contact you by e-mail or phone (if you have given us details).
You will have the option either to wait until the item is available from stock or to cancel your
order.

 



2

7. Your obligations

Please see section 12 for obligations and risks to you when Hiring goods.

8. Price

The prices payable for hire goods that you order are as set out on our website email or quote.
All prices are inclusive of VAT at the current rates and are correct at the time of entering
information.

Where it is not possible to accept your order to hire goods of the specification and description
at the price indicated, we will advise you by email, and offer a variation of the goods of the
specification and description at the price stated in the email and will state in the email the
period for which the offer or the price remains valid.

9. Payment terms

We will invoice you for payment via bank transfer or PayPal transfer, once you have made
payment term and conditions will be accepted by you. We accept no liability if a delivery is
delayed because you did not give us the correct payment details. If it is not possible to obtain
full payment for the goods from you, then we can refuse to process your order and/or suspend
any further deliveries to you. This does not affect any other rights we may have.

10. Delivery charges

Delivery charges can vary according to the type of hire goods ordered.

11. Delivery

11.1 Our delivery charges are set out within our quote emailed to you.

11.2 [You will be required to pay extra for delivery and it might not be possible for us to deliver to
some locations.]


11.3 We will deliver the goods to the address you specify for delivery in your order. It is important
that this address is accurate. Please be precise about where you would like the goods left if
you are out when we deliver. We cannot accept any liability for any loss or damage to the
goods once they have been delivered in accordance with your delivery instructions (unless this
is caused by our negligence). We will aim to deliver the goods by the date quoted for delivery
but delivery times are not guaranteed and therefore time is not of the essence. In any event,
we will aim to deliver your goods within 30 days from the day after the day we received your
order. If delivery is delayed beyond this time, we will contact you and either agree a mutually
acceptable alternative date, or offer you a full refund.


11.4 There may be occasion when the deliveries are split by the courier and will be delivered later.

11.5 Some couriers may not leave goods outside or unsigned for and if they are sent back you may
be charged for a redelivery.


12. Risks to you

Risk of damage to or loss of the goods passes to you at the time of delivery to you.
Charges are set out in 13.3

 



3

13. Cancellation rights


13.1 Should you wish to cancel your order, you can use the cancellation form provided at the end
of these terms and conditions, or alternatively you can notify us by any other clear statement.
Cancellations must be made before the goods are dispatched from us.


13.2 If you have received the goods before you cancel your contract then you must send the goods
back to our contact address at your own cost and risk. If you cancel your contract but we
have already processed the goods for delivery, you should not unpack the goods when they
are received by you and you must send the goods back to us at our contact address at your
own cost and risk as soon as possible. No refunds will be made after the initial Hire date has
passed.


13.3 We may make a deduction from your refund for any loss in the value of the goods supplied if
the loss is the result of unnecessary handling by you. We may also deduct other costs
outlined below.

Damage Charge (Per Hire Set) £75.00
Loss of Good Charge (Per Hire Set) £200.00
Missed Courier Collection Re-Charge (Per Hire Set) £30.00



14. Cancellation by us

14.1 We reserve the right not to process your order if:

14.1.1 We have insufficient stock to deliver the goods you have ordered;
14.1.2 We do not deliver to your area; or
14.1.3 One or more of the goods you ordered was listed at an incorrect price due to a
typographical error or an error in the pricing information received by us from our
suppliers.
14.1.4 We reserve the right to cancel any contract with prior notice.

14.2 If we do not process your order for the above reasons, we will notify you by e-mail and will
re-credit to your account any sum deducted by us from your credit/debit card as soon as
possible, but in any event within 14 days.

14.3 Payment in full has not been received.

15. If there is a problem with the goods

15.1 If you have any questions or complaints about the goods please contact us. You can do so at
01274 688 088 or info@thebarre.co.uk.

15.2 We are under a legal duty to supply goods that are in conformity with this contract and in
accordance with the Consumer Rights Act 2015 (the Act).

15.3 If you wish to exercise your legal rights to reject goods which do not conform with the Act
you must either return them in person to where you hired them, post them back to us, or (if
they are not suitable for posting) or allow us to collect them from you. We will pay the cost of
postage or collection.

16. Liability

 



4

16.1 Unless agreed otherwise, if you do not receive goods ordered by you within 30 days of the
date on which you ordered them and decide to cancel the order rather than re-arrange
delivery (in accordance with clause 11), we will provide you with a full refund.

16.2 We are only responsible for losses that are a natural, foreseeable consequence of our breach
of these terms and conditions. We do not accept liability if we are prevented or delayed from
complying with our obligations set out in these terms and conditions by anything you (or
anyone acting with your express or implied authority) does or fails to do, or is due to events
which are beyond our reasonable control.

16.3 Furthermore, we do not accept liability for any losses related to any business of yours
including but not limited to: lost data, lost profits, lost revenues or business interruption.


16.4 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any
rights you might have as a consumer under applicable local law or other statutory rights that
may not be excluded nor in any way to exclude or limit our liability to you for any death or
personal injury resulting from our negligence. You have certain rights as a consumer including
legal rights (e.g. under the Act) relating to faulty and/or misdescribed goods.

16.5 Use for hire equipment is at your own risk. We are not responsible for any injury or damaged
caused by any use other than the products intended professional use.

16.6 We advise you take medical advice before using any hire equipment and ensure you have
relevant insurances in place for both the equipment and its users.

16.7 Upon delivery of the Hire equipment you must read and comply with all healthy and safety
information contained within the instructions flyer placed in the shipping box. Theses
instruction can also be found here online.
www.thebarre.co.uk/videos/Freestanding-Ballet-Barre-assembly-Instructions

17. Notices

Unless otherwise expressly stated in these terms and conditions, all notices from you to us
must be in writing and sent to our contact address at The Barre (UK) Limited, UNIT V5,
VICTORIA MILLS, 511 BRADFORD ROAD, BATLEY, WF17 8LL and all notices from us to you
will be displayed on our website from time to time.

18. Changes to legal notices

We reserve the right to change these terms and conditions from time to time and you should
look through them as often as possible.

19. Law, jurisdiction and language

This website, any content contained therein and any contract brought into being as a result of
usage of this website are governed by and construed in accordance with English law. Parties
to any such contract agree to submit to the exclusive jurisdiction of the courts of England and
Wales. All contracts are concluded in English.

20. Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which
we exclude our liability to you) the enforceability of any other part of these conditions will not
be affected.

 



5

21. How we may use your personal information

We will only use your personal information as set out in our privacy policy:
https://www.thebarre.co.uk/privacy-policy .

22. Third party rights

Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.

Mailing List Subscribe
For our latest news and special offers, enter your email address below to register on our mailing list
Customer Feedback
I have used Peter multiple times for supplying barres at our studio and we always receive fantastic products and exceptional customer service. Most recently he helped me with a time sensitive order and he went over and beyond to make sure everything came in on time. I wouldn't hesitate to recommend him and his team. Many thanks Kind Regards Katie Geddes (Leeds)
Katie Geddes
©2016 The Barre all rights reserved. Site by edoru
We use cookies for optimum user experience, you can see our Privacy Policy or