Terms and Conditions of Sale (Products and Services)
Buyer means the individual or organisation that buys or agrees to buy the Goods from the Seller.
Consumer shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977.
Contract means the contract between the Seller and the Buyer for the sale
and purchase of Goods incorporating these Terms and Conditions.
Goods means the articles that the Buyer agrees to buy from the Seller.
Seller means The Baby Barn, Gannow Green Farm, Gannow Green Lane, Rubery,
Birmingham, B45 9AS.
Buyer means the individual or organisation buying from The Baby Barn
Terms and Conditions means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller.
Nothing in these Terms and Conditions shall affect the Buyer’s statutory
rights as a Consumer.
These Terms and Conditions shall apply to all contracts for the sale of
Goods by the Seller to the Buyer and shall prevail over any other
documentation or communication from the Buyer.
Acceptance of delivery of the Goods shall be deemed conclusive evidence of
the Buyer’s acceptance of these Terms and Conditions.
Any variation to these Terms and Conditions (including any special terms and
conditions agreed between the parties) shall be inapplicable unless agreed
in writing by the Seller. Any complaints should be addressed to the Seller's
address at The Baby Barn, Gannow Green Farm, Gannow Green Lane, Rubery,
Birmingham, B45 9AS.
All orders for Goods shall be deemed to be an offer by the Buyer to purchase
Goods pursuant to these Terms and Conditions and are subject to acceptance
by the Seller.
The Seller may choose not to accept an order for any reason.
Where the Goods ordered by the Buyer are not available from stock the Buyer
shall be notified and given the option to either wait until the Goods are
available from stock or cancel the order and receive a full refund within 30
When making an order through the Website, the technical steps the Buyer
needs to take to complete the order process are described in the Order
Age of Consent
Where Goods may only be purchased by persons of a certain age the Buyer will
be asked when placing an order to declare that they are of the appropriate
legal age to purchase the Goods.
If the Seller discovers that the Buyer is not legally entitled to order
certain Goods, the Seller shall be entitled to cancel the order immediately,
Price and Payment
The price of the Goods shall be that which is stipulated on the Website. The
price is inclusive of VAT, when applicable. The price for delivery charges is shown
separately or for specialised delivery is calculated later by the seller.
The total purchase price, including VAT, when applicable, and delivery charges, if any, will
be displayed in the Buyer’s shopping cart prior to confirming the order.
After the order is received the Seller shall confirm by email the details,
description and price for the Goods together with information on the right
to cancel Payment of the price plus VAT, when applicabel, and delivery charges must be made in
full before dispatch of the Goods.
Payment for purchases is through SagePay who are soley responsible for the
security of the transaction and the transaction is made on their secure
Goods supplied within the UK will normally be delivered within 5 to 7
working days of acceptance of order, except when engineer support is
Goods supplied outside the UK will normally be delivered depending on
destination and will be notified by email.
Where specific delivery dates have been agreed, and where this delivery date
cannot be met, the Buyer will be notified and given the opportunity to agree
a new delivery date or receive a full refund.
The Seller shall use its reasonable endeavours to meet any date agreed for
delivery. In any event time of delivery shall not be of the essence and the
Seller shall not be liable for any losses, costs, damages or expenses
incurred by the Buyer or any third party arising directly or indirectly out
of any failure to meet any estimated delivery date.
Delivery of the Goods shall be made to the Buyer’s address specified in the
order and the Buyer shall make all arrangements necessary to take delivery
of the Goods whenever they are tendered for delivery.
Title and risk in the Goods shall pass to the Buyer upon delivery of the
Rights of Seller
The Seller reserves the right to periodically update prices on the Website,
which cannot be guaranteed for any period of time. The Seller shall make
every effort to ensure prices are correct at the point at which the Buyer
places an order.
The Seller reserves the right to withdraw any goods from the Website at any
The Seller shall not be liable to anyone for withdrawing any Goods from the
Website or for refusing to process an order.
The Seller warrants the goods for 30 days and warrants that the Goods will
at the time of dispatch correspond to the description given by the Seller,
except where the Buyer is dealing as a Consumer.
All other warranties, conditions, or terms relating to fitness for purpose,
merchantability or condition of the Goods, whether implied by Statute,
common law or otherwise are excluded, and the Buyer is satisfied as to the
suitability of the Goods for the Buyer’s purpose.
Cancellation and Return
The Buyer shall inspect the Goods immediately upon receipt and shall notify
the Seller within 2 working days of delivery confirming in writing if the
Goods are damaged or do not comply with any of the Contract. If the Buyer
fails to do so the Buyer shall be deemed to have accepted the Goods.
Where a claim of defect or damage is made the Seller shall be responsible
for the recovery of the Goods from the Buyer. The Buyer shall be entitled to
a full refund (including delivery costs) if the Goods are in fact defective.
The Buyer will be under a duty to take care of the Goods until they have
been recovered. The Buyer will receive a refund of all monies paid for the
Goods (including delivery charges, if any within 30 days.
Goods to be returned must clearly show the order number obtained from the
Seller on the package.
Where returned Goods are found to be damaged due to the Buyer’s fault the
Buyer will be liable for the cost of remedying such damage.
Limitation of Liability
Except as may be implied by law where the Buyer is dealing as a Consumer, in
the event of any breach of these Terms and Conditions by the Seller the
remedies of the Buyer shall be limited to damages which shall in no
circumstances exceed the Price
of the Goods and the Seller shall under no circumstances be liable for any
indirect, incidental or consequential loss or damage whatever.
Nothing in these Terms and Conditions shall exclude or limit the liability
of the Seller for death or personal injury resulting from the negligence of
the Seller or that of the Seller’s agents or employees.
No waiver by the Seller (whether express or implied) in enforcing any of its
rights under this contract shall prejudice its rights to do so in the
The Seller shall not be liable for any delay or failure to perform any of
its obligations if the delay or failure results from events or circumstances
outside its reasonable control, including but not limited to acts of God,
strikes, lock outs, accidents, war, fire, failure of any communications,
telecommunications or computer system, breakdown of plant or machinery or
shortage or unavailability of raw materials from a natural source of supply,
and the Seller shall be entitled to a reasonable extension of its
If any term or provision of these Terms and Conditions is held invalid,
illegal or unenforceable for any reason by any court of competent
jurisdiction such provision shall be severed and the remainder of the
provisions hereof shall continue in full force and effect as if these Terms
and Conditions had been agreed with the invalid illegal or unenforceable
Changes to Terms and Conditions
The Seller shall be entitled to alter these Terms and Conditions at any time
but this right shall not affect the existing Terms and Conditions accepted
by the Buyer upon making a purchase.
Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance
with the law of England and the parties hereby submit to the exclusive
jurisdiction of the English courts.