Terms & Conditions
General Terms and Conditions
The following Terms and Conditions apply to all usage of the Blueberry Barn website. The website is owned by Blueberry Barn Limited, a company registered in England under Company number: 04330701, registered office address Blueberry Barn Ltd, Osmaston Pastures, Wyaston Road, Ashbourne, Derbyshire DE6 1NB, Email: firstname.lastname@example.org, Telephone: +44 (0) 771 434 2410. All
products on this site are available to you for purchase subject to the
following Terms and Conditions. Please read the Terms and Conditions
carefully before placing your order. These Terms and Conditions apply
to the use of this website and by accessing this website and/or placing
an order you agree to be bound by the Terms and Conditions set out
below. If you do not agree to be bound by these Terms and Conditions,
you may not use or access this website. Blueberry Barn Limited reserves the right to amend these Terms and Conditions at any time
without prior notice and any changes will apply to subsequent orders.These
Terms and Conditions constitute the entire agreement between us in
respect of the use of our services and website. They supersede all
prior agreements, arrangements and representations (save in respect of
those made fraudulently).If any of these Terms and Conditions are
found to be invalid then that provision shall not affect the validity
of the remaining provisions which shall continue to be fully
enforceable. No waiver by Blueberry Barn Limited of any term shall be deemed to be continuing or shall be deemed to be a waiver of any other term. Blueberry Barn Limited reserves the right to change or terminate these Terms and Conditions at any time.These
Terms and Conditions will be governed by and construed in accordance
with English law and the parties agree to submit to the exclusive
jurisdiction of the courts in England and Wales.
Making a Purchase
Establishing a contract
On placing an order with Blueberry Barn Limited you will subsequently receive an e-mail confirming receipt and the details of your order. The order you place represents an offer to purchase a product which is accepted by us when we process the payment and dispatch the order to you. Any products within the same order which are not charged for or dispatched are not included within that same contract. Blueberry Barn Limited reserves the right to refuse an order at any time. This may be due to stock levels, a problem processing the payment or an error identified within the product information supplied, including price or promotion. We will of course contact you if for any reason there is a problem with your order.All purchase contracts are governed by the laws of England & Wales and any dispute between Blueberry Barn Limited and you, the customer, shall be resolved exclusively in the courts of England & Wales.
Availability and Pricing
All orders are subject to availability. You will be contacted by Blueberry Barn Limited if an item purchased is unfortunately not available. All prices shown are correct at the time of publication. Prices are shown in GBP (£). If your order is to be delivered outside the European Union, it may attract import duty and local sales taxes which customers will need to pay on receipt of the shipment. Any additional charges for customs clearance must be borne by you. These rules vary by country and your local government determines duty and customs charges, so you should contact your local customs office for further information.
Accuracy of Information
Each Product purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times. Blueberry Barn Limited will regularly check the accuracy of the information supplied on the website. However, despite our best efforts, we cannot guarantee that all product information is error free. All sizes and measurements provided are approximate to the nearest half-inch.
Blueberry Barn Limited uses Paypal to ensure the secure processing of your payment. All personal information supplied by you, including credit card numbers and contact details, is safeguarded on secure servers. Payment will be taken at the time of purchase and any additional administration or delivery costs will be charged subsequently if applicable.A receipt will be dispatched along with your order or sent separately to the billing address if this differs to the shipping address.
Shipping - cost
Postage in the UK is £4 per order for orders under £60, free for orders over £60. Postage on international orders is charged according to destination. We will post to Europe, North America and Australia, subject to the following.
Tracked delivery is available to most destinations for an additional charge of £5 per order. If you would like this service, please contact me and I will arrange to invoice you for it.
Shipping - timescales
For ready to ship items, I aim to despatch within 2-3 working days of purchase/payment. For bespoke orders (e.g. Cosy Couture collection) the current time estimates for the item to be made and despatched is notified on Cosy Couture page. If there is any reason why I am unable to comply with any despatch timescales, I will let you know. If the item is being made to order, I will let you know how long it is likely to take to complete and despatch your order. Items are generally sent by Royal Mail and I will let you know when they are on the way. Higher value orders will require a signature upon delivery. Orders are delivered to your registered Paypal address unless you request otherwise. International orders will be despatched by standard Airmail unless you request the tracked service. The buyer is responsible for any import duties and/or local customs charges, if applicable. Generally, overseas delivery can take anywhere from 5 days to 6 weeks, depending on destination and so you should allow for this length of time when making your purchase. As a rough guide, orders to Europe are delivered in 5-7 days, to the USA in 5-12 days and to Australia in 7-14 days. Occasionally there are delays, usually due to customs or local postal services. I'm afraid these are beyond my control.
If you wish to cancel your purchase please contact us at email@example.com. If the order has been dispatched you will need to follow the returns policy as stated below.
'Ready to ship' products - if you are not completely satisfied with your purchase you may return it to me within 7 days of purchase (14 days if within the EU). Before returning any item please contact me for authorisation to return.
'Made to order'/bespoke items - no refunds are permitted on commissioned/bespoke items unless found to be faulty ... in which case, please contact me.
Any returned items need to reach me in perfect, unused/unworn condition, with packaging and tags intact, and free from marks, odours etc. I reserve the right to make a charge if the item is not returned in a sellable condition.I strongly recommend that you obtain proof of posting as I am unable to refund any payment until the item has been received by me as stated above. Please note that you will be responsible for payment of return postage costs, and any postage costs paid by you at the time of ordering will not be refunded (so your refund would be for the price you paid for the returned item only).
This website may only be used for lawful and proper purposes, in accordance with these Terms and Conditions. This includes complying with all applicable laws, regulations and codes of practice within the UK or other jurisdiction from which the site is accessed.
Limitation of Liability
To the extent that we are lawfully able to do so, in no event will Blueberry Barn Limited be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages arising out of access to, or the use/inability to use this website or any information contained in it or arising out of the services we provide. This includes loss of profit and the like, whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. To the maximum extent permitted by law, our liability to you in connection with our products under these Terms and Conditions shall not exceed the value of the goods. This does not affect your statutory rights. While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any loss of goodwill or reputation; or any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions. Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
We reserve the right to: modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
Disclaimer of Warranty
To the maximum extent permitted by law, we disclaim all implied warranties with regard to information, services and materials contained on this website. All such information, services and materials are provided “as is” and “as available” without warranty of any kind.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
Your privacy is of the highest importance to
us, and we promise never to release your personal details to any outside
company for mailing or marketing purposes.When you make a
purchase from our website, we do collect certain personal information
from you (for example: your name, email address, payment address and
details). All such information is held on secure servers.In order
to serve you most efficiently, reputable third-party banking PayPal
handle our credit card transactions and order fulfilment. They receive
the information needed to verify and authorise your payment card and to
process your order. All such organisations are under strict obligation
to keep your personal information private.We are committed to
ensuring that your information is secure. In order to prevent
unauthorized access or disclosure we have put in place suitable
physical, electronic and managerial procedures to safeguard and secure
how Blueberry Barn Limited uses and protects any information that you
give Blueberry Barn Limited when you use this website. Blueberry Barn
committed to ensuring that your privacy is protected. Should we ask
you to provide certain information by which you can be identified when
using this website, then you can be assured that it will only be used in
accordance with this privacy statement. Blueberry Barn Limited may
change this policy from time to time by updating this page. You should
check this page from time to time to ensure that you are happy with any
changes. This policy is effective from July 2017. We will treat all
your Personal Information
as confidential (although we reserve the right to disclose this
information in the circumstances set out below). We will keep it on a
secure server and we will fully comply with all applicable UK Data
Protection and consumer legislation from time to time in place.When
you shop on this Website, we will ask you to input and will collect
Personal Information from you such as your name, e-mail address, billing
address, delivery address, telephone number. We confirm that any
which you provide to us (or which is available on public registers) and
any User Information from which we can identify you will only be used
for the following purposes:Processing your orders;To contact you to
provide information regarding your order;You
agree that you do not object to us contacting you for any of the above
purposes whether by telephone, e-mail or in writing and you confirm that
you do not and will not consider any of the above as being a breach of
any of your rights under the Privacy and Electronic Communications (EC
Directive) Regulations 2003You should be aware that if we are
requested by the police or any other regulatory or government authority
investigating suspected illegal activities to provide your Personal
Information and /or User Information, we are entitled do so.
Copyright and Intellectual Property
All content available on
this website, or which forms part of the services including, but not
limited to, text, graphics, logos, button icons, images, data
compilations, software and the compilation thereof (the “content”) is
the property of Blueberry Barn Limited. The logos and service marks displayed on the website are the registered and unregistered marks of Blueberry Barn Limited, its affiliates, licensors or partners, in the UK and other countries and are protected by UK and international law.Neither
the content nor any other portion of the website may be used,
reproduced, duplicated, copied, sold, resold, accessed, modified, or
otherwise exploited, in full or in part, for any purpose without prior