Terms & Conditions
Welcome to the georgebarclay.com website terms and conditions for use. 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. Before you place an order, if you have any questions relating to these terms and conditions please contact us by e-mail email@example.com, or call us on +44 (0)1722 712203 between 9am-5pm Mon-Fri.
- Product Details
- Price of the Products
- Order Acceptance and Payment
- Our Right to Cancel
- Right of Cancellation
- Warranties and Refunds
- Returns Procedure
- Use of Website
- Notices, Enquiries and Complaints
- Intellectual Property
2. Product Details
2.1. The Products displayed on this Website are not shown to actual size nor are their images binding as to detail. Some Products may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Other Products may be represented at a larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire item, and your attention is drawn to the Product details and content where given. If the Product you receive is materially different from the Product details specified you will be entitled to reject it without penalty.
2.2. All Products are subject to availability. In the unlikely event of a change in the specification or quality of the goods ordered we will offer you a substitute item of the same or better quality for the same price, which you shall be entitled to reject by returning the item within 7 days from the date the Product has been delivered to you.
3. Price of the Products
3.1. Subject to the provisions of clauses 3.4 and 3.5 the Price of the Products will be as stated on our Website at the time you submit your order.
3.2. Prices stated on the Website include VAT for the item(s) but not the cost of delivery and insurance during freight as that cost is dependent upon the value of the item(s) purchased and so is advised in addition to the Prices stated.
3.3. All Products must be paid for in full before being dispatched.
3.4. The price of the products stated on our website may vary due to factors outside George Barclay’s control, or if there is a delay between the time of the order and you receiving your Order Confirmation. In these circumstances you will be entitled to cancel your order if the price increase is not acceptable to you.
3.5. Without prejudice to clauses 3.4 or 6.1.1, if we discover an error in the price of the Products offered we will contact you to resolve the situation.
5. Order Acceptance and Payment
5.1. Before your order can be accepted, we must receive in cleared funds, or confirmation of authorisation of payment (where a credit card is used) the purchase price specified in full (without any deduction).
5.2. When we receive your order we will send you an acknowledgement of its receipt. Once payment has been received by us in accordance with clause 5.1 we will confirm that your order has been accepted by sending an Order Confirmation to you at the e-mail address you provide. When we send you this Order Confirmation a legally binding contract exists between us.
5.3. You must pay for the Products you order by using any method currently specified on the Website, which may include without limitation;
5.4. In the event that payment for an order is not received; or you are not fully entitled to use your nominated credit, debit or charge card; or such card has insufficient funds to cover the price of the Products then:
5.4.1. George Barclay may contact you allowing you to make payment in full within a specified time period by the same or another means; or
5.4.2. George Barclay may at its sole discretion cancel your order in which case George Barclay shall return any monies received from you within 30 days of receipt of such monies to your nominated account and George Barclay shall be entitled to deduct an administration fee to cover any expenses incurred by George Barclay in doing so;
5.4.3. you agree that in any event that George Barclay shall have no liability to you for any loss, damage, costs, expenses or other claims that you may incur.
5.6. You agree to indemnify George Barclay in full against all costs and outgoings incurred by us in obtaining payments from you in the event a failed payment occurs.
6. Our Right to Cancel
6.1. We reserve the right to cancel your order if:
6.1.1. after receiving your order and before we send you your Order Confirmation, we become aware of a pricing error in respect of the Product you have ordered, we reserve the right to withdraw the Product from sale and inform you accordingly; or
6.1.2. a Force Majeure Event occurs.
6.2. If we do cancel your order we will notify you by e-mail and will offer an alternative replacement Product or refund to you any amounts paid to us as soon as possible and in any event within 30 days of your order.
6.3. We shall not be liable to you for any loss, damage, costs expenses or claims that you may incur, for orders cancelled by us before we send your Order Confirmation.
6.4. This clause 6 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
7.1. We reserve the right to charge for and fulfil partial orders where the Order Confirmation consists of multiple items.
7.2. Delivery will be made to the address specified in the Order Confirmation.
7.3. You will become the owner of the Products you have ordered when they have been delivered to you. Once the Products have been delivered to you they will be held at your own risk and we shall not be liable for their loss or destruction.
8. Right of Cancellation
8.1. You will be entitled to cancel your order by written notice to us by following the procedure in clause 10. You do not need to give us any reason for cancelling your order nor will you have to pay any penalty. This policy is in accordance with the Consumer Protection (Distance Selling) Regulations 2000.
9. Warranties and Refunds
9.1. Subject to the following provisions of this clause 9.1, we warrant that the Products will be of satisfactory quality. The aforementioned warranty is given by George Barclay subject to the following condition save that it is acknowledged that your statutory rights are not affected:
9.1.1. George Barclay shall be under no liability to the customer for any loss, damage, costs, expenses or other claims in respect of: (a) any defect arising from wilful damage, negligence, failure to follow instructions for the use of the Products (whether oral or in writing); (b) misuse or alteration of the Products without our approval; (c) arising from any Customer Material supplied by you which is incomplete, inaccurate, illegible, out of sequence or in the wrong form, or any other fault of the Customer.
9.2. George Barclay’s products should meet or exceed your expectations. However, in the event that you are dissatisfied with your order, the Products delivered to you are incomplete or you have received incorrect Products, we shall have no liability to you unless you notify George Barclay of the problem AS SOON AS IS REASONABLY POSSIBLE of the Products in question. For the purposes of efficiency we advise you to contact our customer services on +44 (0) 1722 712203.
9.3. If you notify a problem to us under clause 9.2 or we have committed a breach of the warranty at clause 9.1 our only obligation will be (to be determined at your option and subject always to your statutory rights):
9.3.1. We may offer you an alternate Product free of charge within 60 days of notification provided that that the original Product is returned to us in accordance with clause 10; or
9.3.2. We will arrange with you for the Products to be returned to us in accordance with clause 10, and we shall refund the price paid.
10. Returns Procedure
10.1.1. Please contact our customers services on +44 (0)1722 712203 to obtain a returns authorisation number before sending the Product(s) back;
10.1.2. secure the Product(s) and all of the original packing materials, packing slip, in a plainly wrapped cardboard box (the post office has these available if you do not);
10.1.3. clearly print your name and address on the outside of the package in the senders details area and mail the package to:
(a) you shall be liable for the cost incurred in returning Products to us and we shall not be obliged to accept any Product returned if such costs have not been paid in full;
(b) each item must be returned in the same condition as it was sent, unworn and undamaged. Damaged goods due to your negligence will not be accepted for refund;
10.2 Subject to the conditions in clause 10.1 George Barclay will refund the full cost of the item. However, items returned for a refund that are incomplete, have been used, or otherwise soiled will be subject to a minimum restocking fee of 15%, or may be refused if the condition of the item is deemed non-returnable. Refunds will be made in the same form as the original purchase.
10.3 All requests will be processed after we have inspected and verified the condition of the Products. Returns take approximately five business days to process upon receipt of the item.
11. Use of the Website
11.1. You agree to use the Website only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the Website. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Website.
11.2. Where George Barclay provides any information in relation to the Products supplied to it by a third party, George Barclay does not give any warranty, guarantee as to its accuracy or otherwise and shall have no liability to the Customer for any losses arising as a result thereof.
11.3. George Barclay does not warrant that functions contained in the Website content will be uninterrupted or error free, that defects will be corrected, or that George Barclay or the server that makes it available are free of viruses or bugs. We shall have no liability for any direct, indirect, special or consequential loss arising out of the use of or the inability to use this Website including (without limitation) reliance on any information or content of the website or which results from mistakes, omissions, interruptions, deletions of files or emails, defects, viruses or delays in operation or transmission.
11.4. The information on the Website may contain technical inaccuracies or typographical errors and may be changed or updated without notice. George Barclay may also make improvements and/or changes to the Website at any time without notice.
11.6. Certain links in this Website connect to other websites maintained by third parties over whom we have no control. We make no representations as to the accuracy or any other aspect of information contained in other websites.
12.2. Where George Barclay provides any information in relation to the Products supplied to it by a third party, George Barclay does not give any warranty, guarantee as to its accuracy or otherwise and shall have no liability to the Customer for any losses arising as a result thereof.
12.3. In the event that we are unable or fail to deliver the Products ordered within any time period specified, we will use reasonable endeavours to contact you in order to re-schedule the delivery time.
12.4. We will not be in breach of contract as a result of any Force Majeure Event.
12.5. IN ANY EVENT, THE LIABILITY OF GEORGE BARCLAY FOR ANY BREACH OR THE AGGREGATE LIABILITY FOR ANY SERIES OF BREACHES UNDER OR IN CONNECTION WITH THESE TERMS SHALL NOT EXCEED THE VALUE OF THE RELEVANT ORDER PLACED BY YOU FROM TIME TO TIME.
12.6. George Barclay shall have no liability for loss of profit or for any indirect, special or consequential loss of damage, costs, expenses or other claims for compensation whatsoever arising out of or in connection with the supply or non-supply of the Products (including any delay in supplying the Products) or their use or resale by you. Other than as set out in clause 9.2, the entire liability of George Barclay arising out of any order for Products from you will be limited to the total price of the Products ordered by you.
12.7. You must observe and comply with all applicable regulations and legislation, including all necessary customs, import or other permits to purchase Products from our Website. The importation or exportation of our Products may be prohibited by certain national laws. We make no representation and accept no liability in respect of the import or export of the Products you purchase.
13. Notices, Enquiries and Complaints
13.1.1. e-mailed to firstname.lastname@example.org;
13.1.2. addressed to customer services on telephone number +44 (0)1722 712203: or
13.1.3. sent by post to:
14. Intellectual Property
14.1. The entire content of the Website, including all copyright, trademarks and other intellectual property rights it contains, including the use of the name "George Barclay" is the sole property of George Barclay or our licensors. You are permitted to copy, transmit and to use such material only for the purpose of ordering Products from the Website, but you not are entitled to copy, reproduce, transmit, display in public, create derivative works from or otherwise commercially exploit such material.
14.2. All intellectual property rights in the Products (subject to the rights of any third party) belong to George Barclay.
14.3. You warrant that all Customer Material provided to us will not be defamatory or infringe the copyright or other rights of any third party, and you shall indemnify George Barclay against any loss, damages, costs, expenses or other claims arising out of any such infringement.
15.1. These Terms govern the contract to the exclusion of all other terms and conditions stipulated in any other communication or document unless expressly agreed in writing by George Barclay.
15.2. George Barclay reserves the right to vary the content of these Terms from time to time, with any changes being published on the Website. However, such variations will not affect any Contract between George Barclay and you. Continued use of the Website, or any of its services will signify that you agree to any such changes.
15.3. We may correct any typographical, clerical or other error or omission in any information on the Website or in any email or other document or communication issued by George Barclay without incurring any liability on our part.
15.4. If any clause or part of a clause in these Terms is held by any Court of competent authority to be unlawful, invalid or unenforceable, such clause or part shall be severed and the remaining provisions of these Terms shall remain in full force and effect.
15.6. The contract between you and George Barclay shall be governed by English law and you and George Barclay submit to the exclusive jurisdiction of the English Courts.
15.7 George Barclay reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or any part of any of its rights or obligations under these Terms.
15.8 These Terms do not create or confer any rights or benefits enforceable by any person that is not a party within the meaning of the Contracts (Rights of Third Parties) Act 1999.