Terms & Conditions of Purchase
Ecommerce Terms & conditions ‘THE BARN’
Introduction
These Terms and Conditions govern your relationship with The Rare Brand Market Ltd (a company registered in England with company number 8222551 and whose registered office is at 168 Church Rd, Hove, Brighton BN3 2DL (“The Barn”, “we”, “our” or “us”) and all orders that you may make for the food, drinks and products advertised for sale by us (the “Products”) via the Barn Website, www.thebarnlittlelondon.com (the “Website”).
Please read these Terms and Conditions carefully as they affect your rights and liabilities under the law.
If you do not agree to these Terms and Conditions, please do not order from The Barn.
1. Revisions
We reserve the right to revise these Terms and Conditions from time to time as explained further in paragraph 13 below. Please check periodically for changes. If you do not agree with any of the revised Terms and Conditions, please do not order from The Barn.
These Terms and Conditions were last updated on 23/02/2024.
2. Registration
2.1. To order from The Barn, you must register with us or use ‘guest’ status. Registering is referred to as ‘set up an account’ throughout our Website and literature. However, this is not a credit account; payment will be required upon order. This account can be set up by following the instructions on the Website.
2.2 To register with the Barn you must be over eighteen years of age or, if you are a business, you must be operated by a person over eighteen years of age.
2.3 You must ensure that the details provided by you on registration or ordering at any time are correct and complete. We are not responsible for incorrect details entered.
2.4 You must inform us promptly of any changes to the information that you provided when registering by updating your personal details, within the order deadlines specified on our Website.
2.5 The personal and payment details you give to us are governed by a strict privacy policy – please see the information on our ‘Privacy Policy’ page on our Website footer.
3. Password and Security
3.1 When you register to use the Website you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting us immediately. We would also suggest that you also change your password immediately through the My account section of the Website.
3.2 If The Barn has reason to believe that there is likely to be a breach of security or misuse of the Website, we may require you to change your password or we may suspend or cancel your account.
3.3 The auto login facility is provided for your convenience. If you enable it, you remain liable for all activities and orders which are submitted to your account (save as stated in paragraph 8.9 below). You should therefore only enable auto login on your machine if you are sure that it will not be misused by anybody else. We do not advise enabling auto login if you use a shared computer.
4. Payment
4.1 Except for the circumstances set out in paragraph 4.6, you must ensure we are provided with details of a valid credit or debit card bearing either the MasterCard or Visa symbol. You must update us with any change to these details within the deadlines specified on the Website. You can make changes to your payment details by updating them in the ‘My account’ section of the Website or by calling us via the contact details on the Website.
4.2 Redacted payment information is stored within our systems for administrative purposes; we do our utmost to ensure the security of these details. Your full payment card details are encrypted, stored and processed by a fully PCI compliant third party provider, and are inaccessible to any The Barn staff or any other third party. We use your payment information when you register with us to enable automatic payment for regular orders.
4.3 Your card will automatically be charged for the goods which you have ordered, on or after the day you place an order. We will submit our request for payment to your bank within 72 hours of your order, and normally within 24 hours. We cannot, however, accept any liability for how long it takes the bank to process the payment.
4.4 We reserve the right to suspend collection of or deliveries to you and/or terminate our agreement with you if we are refused authority from your card issuer for payment or we reasonably believe that payment will be refused. You agree to compensate us in full against any and all reasonable costs and expenses (including reasonable legal) costs and expenses that we may incur in obtaining payments due from you that you have not made in accordance with your agreement with us as set out in these Terms and Conditions.
4.5 If a payment has been rejected by your bank, we may suspend your ability to amend, cancel or add to your orders via our Website. You must contact us to arrange payment and wait for that payment to go through before we can place the order on suppliers.
5. Product Purchases
5.1 You must be over the age of eighteen to purchase alcohol from our site. In particular we are not allowed by law to supply intoxicating liquor if you are under the age of 18. If you are under 18 please do not try to order products from our site. Please note, pursuant to the licensing act 1964 it is a offense for any person over the age of 18 to buy intoxicating liquor for a person under the age of 18, subject to a maximum fine on conviction of £1000. If your order does include intoxicating liquor, please do not be offended if you are asked to supply identification at the point of collection, prior to provision, if you are collecting from The Barn. We operate a CHALLENGE 18 policy. We reserve the right to withhold collection of such items if appropriate identification cannot be provided and whilst we will refund the cost of the item you will still be liable for the handling charge. If you have ordered alcohol from us and cannot be at home at your selected delivery time, it is your responsibility to ensure that a suitable person aged eighteen or older is there to receive the order.
5.2 You may submit orders for Products by using our online ordering facility on the Website. The facility allows you to review your order and make any corrections before submitting it to us and by submitting the order you confirm that you have made any such corrections.
5.3 Each Product for which you click ‘Add to basket’ is added to a ‘shopping basket’ facility. You are given the opportunity to review the quantity each item in your shopping basket when you choose to view your basket details by clicking or tapping the basket icon, or clicking ‘Proceed to checkout’. You can change these, or cancel the purchase of each of the Products completely, at this stage, or at any time before clicking ‘Checkout’. After you have clicked ‘Checkout’ and after our acceptance of your order, items are added to your delivery. To make amendments and corrections to your order you will have to contact us at office@thebarnlittlelondon.com or on 01243 769048 but we cannot guarantee we can make changes once orders have been placed.
5.4 Your submission of an order amounts to an offer to enter a contract to buy the Products from us; subject to paragraph 5.3, you cannot then withdraw or cancel your order except as stated below.
5.5 No order is accepted from you until our Website displays an order confirmation message. This message is displayed after you click ‘Checkout’ in the shopping basket ‘order summary’ page. A contract for our sale of Products to you arises on our acceptance of your order.
5.6 Where we accept an order, we do all that we can to ensure that your order is fulfilled. Products are, however, subject to availability and market conditions and we do not always know if a Product is or will be available at the time of accepting an order. If we are unable to deliver an item you have ordered, we may offer a reasonable substitute. You may reject that substitute, and you will not be charged for it, or, if you have paid already, we will refund any amount paid for it. If we do not offer a substitute, we will remove the Product from your order so that you are not charged or, if you have paid already, we will refund you the price. We will, however, bear no liability for unavailability of Products.
5.7 Subject to clauses 5.8 and 5.9. below, the price that we charge you for the Products will be the price stated by us on the Website prior to you clicking the ‘Proceed to checkout’ button.
5.8 All Products offered by us are subject to seasonal changes in supply levels and supply prices.
5.9 Some of our Products are priced by weight (for example, some meat and fish Products). We show the prices for weights on the Website. The average weight and price shown is for guidance only; the weight you receive may vary from this guide and the price you are charged will be for the weight of Product delivered. If the weight of the Product exceeds the guide weight by more than 20%, the price you are charged will not exceed 20% in addition to the average.
5.10 Ordering a Product from us carries with it the obligation to pay for it as we generally cannot cancel orders on suppliers after they are placed but please email or call us if you wish to make a change to your order and we will make reasonable efforts to assist. You remain responsible for ensuring that any such requested change or cancellation is not only transmitted by you, but received by us. We reserve the right to charge in full for any order once the order is placed. This deadline is important since, typically, we order from suppliers several days before collection and/or delivery. Any payments you have made for orders which we agree can be cancelled will be recredited to you. Despite the foregoing, if you are a consumer, then you may also cancel the order in accordance with paragraph 9.3 below insofar as the order is for non-perishable Products.
5.11 Despite the above provision, you are entitled to cancel a payment for Products where fraudulent use has been made of your payment card by a person not acting, or to be treated as acting, as your agent. If you have already made a payment where your payment card has been so fraudulently used, then you should approach your card issuer for recredit to your card.
5.12 We sell only to end users and our Products are not for re-sale. You warrant that you shall not re-sell any of the Products.
5.13 All prices for Products are inclusive of any applicable VAT.
6. Collection of and Delivery of Products and inspection by you
6.1 Collections are between 11:00-16:00 each day from The Barn, 40 East Street, Chichester, PO19 1HX.
6.2 If you have chosen delivery (Saturday only) we will make delivery to your address as stated when you set up an account or ordered or as updated within the order deadlines published on our Website. We reserve the right not to deliver to all locations and we will tell you when you enter your address whether we can deliver to your address. You are responsible for making suitable arrangements to receive your delivery and giving us appropriate instructions. In the event that your delivery is stolen from your doorstep or damaged while there, we do not accept liability, and will offer compensation at our discretion. We reserve the right to refuse to accept orders from any customer; considerations of delivery problems may give rise to such a refusal. Any changes to address details must be made before the order deadlines published on our Website.
6.3 If we are unable to deliver to you, or have to deliver late, for reasons beyond our control, for example adverse weather conditions, strike actions, vehicle breakdown, traffic congestion or supplier failure, we cannot accept liability for any inconvenience or loss that this causes. We will not, of course, charge for Products not ultimately delivered to you.
6.4 We will not charge you for incorrect Products (Products that you have not ordered and substitutes for those Products which substitutes are not acceptable to you) or Products which we have not delivered in accordance with these Terms and Conditions. Otherwise our liability in respect of incorrect delivery is limited to the price of the incorrect Products or the Products not so delivered subject as provided in paragraph 10 below.
6.5 You must inspect the Products as soon as possible after collection or delivery and notify us promptly if you find any defects, by calling us, emailing us or writing to us at the telephone number or address shown on our Website. We will replace or refund you for defective Products. Otherwise our liability is limited as provided in paragraph 10.5.
7. Refund and Returns
7.1 Our refund and returns policy lasts 30 days. If 30 days have passed since your purchase, we can’t offer you a full refund or exchange.
7.2 To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
7.3 Several types of goods are exempt from being returned. Perishable goods such as food, flowers, newspapers or magazines cannot be returned. We also do not accept products that are intimate or sanitary goods, hazardous materials, or flammable liquids or gases.
7.4 Additional non-returnable items: Gift cards; Downloadable software products; Some health and personal care items
7.5 To complete your return, we require a receipt or proof of purchase. Please do not send your purchase back to the manufacturer.
7.6 There are certain situations where only partial refunds are granted: Book with obvious signs of use; CD, DVD, VHS tape, software, video game, cassette tape, or vinyl record that has been opened; Any item not in its original condition, is damaged or missing parts for reasons not due to our error; Any item that is returned more than 30 days after delivery
7.7 Refunds: Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
7.8 Late or missing refunds. If you haven’t received a refund yet, first check your bank account again. Then contact your credit card company, it may take some time before your refund is officially posted. Next contact your bank. There is often some processing time before a refund is posted.If you’ve done all of this and you still have not received your refund yet, please contact us at office@thebarnlittlelondon.com.
7.9 Sale items. Only regular priced items may be refunded. Sale items cannot be refunded.
7.10 Exchanges. We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at office@thebarnlittlelondon.com and send your item to: The Barn, 40 East Street, Chichester, West Sussex, PO19 1HX.
7.11 Gifts. If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you. If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and they will find out about your return.
7.12 Shipping returns. To return your product, you should mail your product to: The Barn, 40 East Street, Chichester, West Sussex, PO19 1HX. You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund. Depending on where you live, the time it may take for your exchanged product to reach you may vary. If you are returning more expensive items, you may consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.
7.13 Need help? Contact us at office@thebarnlittlelondon.com for questions related to refunds and returns.
8. Excluded Services
8.1 It is your responsibility, at your cost, to obtain computer, internet connectivity, telecommunications or other necessary equipment or services to access the Website.
9. Availability of the Website
9.1 Although the Barn aims to offer you the best service possible, we make no promise that our Website services will meet your requirements and we cannot guarantee that the service will be fault free. If a fault occurs in the service, please report it to us (see the Website for contact details) and we will correct the fault as soon as we reasonably can.
9.2 Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can. In the event that our Website is unavailable, our usual order and cancellation deadlines apply; and you can contact us via email (office@thebarnlittlelondon.com) or telephone 01243 769048.
10. Cancellation rights
10.1 The Barn may suspend or cancel any accepted order or your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.
10.2 You can cancel your registration with us at any time online, or by emailing or calling us. If you do so, you must stop using the Barn’s services
10.3 The suspension or cancellation of your registration shall not affect your and/or our rights or liabilities accrued to the date of suspension or cancellation or any orders submitted by you before we received notice of your cancellation, and you will continue to be bound by such orders.
11. Warranties and the Barn’s liabilities
11.1. Whilst the Barn tries to ensure that material included on the Website or in any other catalogue or materials is correct, we cannot accept responsibility if, despite our endeavours, this is not the case. Without prejudice to your statutory rights (see paragraph 11, below), the Barn may correct any inaccuracies and/or errors and we will not be responsible for any such inaccuracies and/or errors or for the results obtained from the use of such information or for any technical problems you may experience with the Website.
11.2. We warrant that the products will be of satisfactory quality and, therefore, if the Products which you purchase from us are faulty or defective you should notify us in accordance with paragraph 6.5, however, you understand that the Barn does not manufacture or produce any of the Products but procures from suppliers. The Barn provides the venue and marketplace for Products produced by independent suppliers. We will examine the Products and, if the Products are faulty or defective we will replace the faulty or defective Products or refund the price of the faulty or defective Products. You release the Barn from any claims related to items Products sold through the Website, including for defective items, misrepresentations by suppliers (including but not limited to product descriptions from suppliers (i.e. full allergen listings), or Products that caused physical injury (like product liability claims).
11.3 The warranty in paragraph 10.2 above does not apply to faults or defects which have been caused by your mis-use and/or neglect of the Products or by accidents caused while the Products are in your possession.
11.4 We will not be liable to you by way of representation (unless fraudulent), common law duty or under any express or implied term of the contract for:
- any losses which are not foreseeable by you and us when the contact for the supply and purchase of the products is formed arising in connection with the supply of Products and related services or their use by you;
- any losses which are not caused by any breach by us; or
- business or trade losses (including, without limitation, loss of profits, loss of goodwill, loss of reputation and loss of business).
11.5 Subject to the provisions of paragraph 6.3/6.4 and 10.4, our entire liability in connection with the contract for the supply and purchase of Products and will not exceed the purchase price of the Products in question.
11.6 Nothing in these Terms and Conditions means that our liability to you for death or personal injury resulting from our negligence or that of our employees, agents or subcontractors is limited.
11.7. We shall not be liable for any delay or failure in the performance of our obligations due to events beyond our reasonable control such as but not limited to fire, flood, adverse weather, acts of God, strikes, labour disputes, riots, civil unrest, accident, disruption to energy supplies, equipment or supplier failure, road traffic problems, terrorism, epidemics, pandemics (including but not limited to COVID19) or war.
12. Your statutory rights
12.1 If you are a consumer (an individual acting outside of the course of your business or trade), there are certain terms implied into your contract with us, which we cannot exclude, or limit (for example, under the Sale of Goods Act 1979 we have to supply goods to you which are fit for their purpose).
12.2 It is important for you to know that nothing in these terms affects your statutory rights. If you would like more information on your statutory rights, contact your local Trading Standards Office (www.tradingstandards.gov.uk) or Citizens Advice Bureau (www.citizensadvice.org.uk).
13. Applicable law
13.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of England.
13.2 The English courts will have non-exclusive jurisdiction over any disputes arising under or in relation to these Terms and Conditions.
14. Miscellaneous
14.1 You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
14.2 If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
14.3 The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from our contractual relationship with you so that no third party may claim any rights under that contractual relationship (but this shall not affect any right or remedy of a third party which exists or is available apart from that Act).
15. Amendments
We may update these Terms and Conditions from time to time by posting the updated Terms and conditions on our Website in place of these. The changes will apply to the use of the Website after we have given notice. If you do not wish to accept the new Terms and Conditions, you should not continue to order from The Barn or use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms and Conditions.
16. Allergens
The Barn handles celery, celeriac and nuts. Our suppliers handle gluten, celery, celeriac, soya, sulphites and milk and other products that some persons are allergic to.