Customer Terms and Conditions
Last Updated: 02 February 2018
nativebarn.com, also known as Native Barn (“Native Barn” is the trading name of The Native Furniture Company Ltd; a registered company in England and Wales under company registration number 11033224 whose registered office is Lowry House, 17 Marble Street, Manchester M2 3AW “Us”) is an independent portal (“Site”) operated by Native Barn The following terms and conditions (“Terms”) are for those wishing to engage the services as advertised on the Site (“Customer”, “You”) and sets out the relationship between Us and You.
- Native Barn is an online furniture retail business selling hard and soft furnishings from third parties.
- Customers must be over the age of 16 years’ old
1.1. Native Barn does not endorse or guarantee any items sold and does not provide any testing or standards against which items or services sold, are held. Native Barn is a third party retailer and the manufacturers remain responsible for the quality of the goods sold.
1.2. Purchases are at the complete discretion of the Customer.
1.3. Customers shall create either a trade or personal account with Native Barn in order to make purchases through the website. Customer information shall be stored in line with data protection expectations and shall not be passed to third parties – please see our privacy and data policy for further information.
1.4. Customers are responsible for ensuring the information they provide at the time of purchase is correct. Native Barn shall not be responsible for incorrect information or any effect this has on delivery of items.
2. Responsibilities and Obligations
2.1. As Native Barn do not validate or test goods or services, it is your responsibility to ensure that the product(s) you purchase are suitable. Native Barn cannot be held liable or responsible for any injury caused by use of a product.
2.2. Native Barn provide the products for sale ‘as is’ and do not guarantee their suitability for any particular purpose.
2.3. Native Barn are a reseller of goods. Such goods are not warrantied or guaranteed by Native Barn directly.
3.1. Payments shall be made directly online at the time of purchase by card through a merchant payment facilitator. As such, Native Barn do not hold or store any credit or debit card information and customers should read and understand the terms and conditions of the merchant payment facilitator for further details.
3.2. Goods shall not be dispatched, and orders shall not be accepted until payment in full has been received by Native Barn in cleared funds.
3.3. Payment shall include taxes and fees. However, where items are to be imported/exported, custom duty fees may apply. The Customer is responsible for such fees and shall be notified by the relevant officials at the time of payment request.
4. Refunds and Cancellations
4.1. Items purchased are sourced directly from the manufacturer and are either drop shipped directly or shipped by Native Barn. Each manufacturer shall have their own returns policy which shall be flowed down to the Customer. Where a product is faulty or damaged, the Customer should contact Native Barn customer services for information on how to lodge the complaint and receive a refund/return.
4.2. Under the laws of England and Wales, unopened, unused items or faulty goods may be returned to Us for a full refund within 14 (fourteen) days of purchase in accordance with the Distance Selling Regulations 2015.
4.3. Upon cancelling an order within the time frame given in clause 4.2, Native Barn shall provide you with confirmation, in writing of the cancelled order.
4.4. Native Barn shall not accept any liability for returned items, and returns shall be at the Customers own cost.
5. Warranty and Limitation of Liability
5.1. Native barn makes no representations or warranties of any kind, express or implied as to the content or products, provided through the service. You expressly agree that your use of the service is at your sole risk. Native barn disclaims all warranties, express or implied, including without limitation, implied warranties of merchantability, and fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law. Native barn makes no warranty as to the security, reliability, timeliness, and performance of this service. You specifically acknowledge that native barn is not liable for your defamatory, offensive or illegal conduct, or such conduct by third parties, and you expressly assume all risks and responsibility for damages and losses arising from such conduct. Except for the express, limited remedies provided herein, and to the fullest extent allowed by law, native barn shall not be liable for any damages of any kind arising from use of the service, including but not limited to direct, indirect, incidental, consequential, special, exemplary, or punitive damages, even if pleasure mystry has been advised of the possibility of such damages. The foregoing disclaimers, waivers and limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Some jurisdictions do not allow the exclusion of or limitations on certain warranties or damages. Therefore, some of the above exclusions or limitations may not apply to you. In no event shall native barn aggregate liability to you exceed the amounts paid by you to native barn pursuant to this agreement
5.2. You shall indemnify and hold harmless Native Barn and its personnel against all Liability and Losses (1) asserted against or suffered by You or any other person and arising out of or in connection with services, materials or information provided by Native Barn; and/or asserted against or suffered by Native Barn or any other person (including You) and arising out of or in connection with services, materials or information provided by or on behalf of You, and including without limitation losses and expenses incurred by Native Barn directly.
5.3. The Provisions of this clause 5 shall not apply in circumstances where they may not apply by virtue of applicable law, including where applicable, and without limitation: -
5.3.1. by virtue of Section 7 of the Consumer Protection Act 1987; and
5.3.2. by virtue of Section 2(i) of the Unfair Contract Terms Act 1977 in respect of liability for negligence.
5.4. In these terms the expression "Services" shall include without limitation the making of any statements by Native Barn or on its behalf in connection with these terms. For the purpose of this clause 5 Native Barn contracts on its own behalf and on behalf of, and as trustees for, it’s personnel.
5.5. For the purposes of this clause 5:
5.5.1. "Liability" means liability in contract, tort (including without limitation negligence and defamation), breach of statutory duty or otherwise
5.5.2. "Losses" means demands, claims, awards and other losses and expenses (including legal fees) in respect of death, personal injury, loss or damage
5.5.3. "Personnel" includes partners, officers, employees, agents and representatives.
5.6. Should any claim arise in contract or in tort (including negligence) or otherwise, Native Barn’s maximum aggregate liability shall in no circumstances exceed an amount equal to the Native Barn’s Professional Indemnity cover.
6.1. Native Barn provides a portal for Members and Customers to transact. Native Barn does not hold itself out to have any relationship with any users of the Site and You as a Customer shall not hold yourself out to having any relationship with Native Barn other than a user of the service.
6.2. Native Barn takes no liability or responsibility for disputes which may arise out of using the Site or from purchasing or selling goods.
7.1. If any of these Terms should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
8. Force Majeure
8.1. Native Barn shall not be deemed in breach of these terms if they are unable to complete the Services or any portion thereof by reason of fire, earthquake, employment dispute, act of God or public enemy, death, illness or incapacity of Native Barn or any national or international law, governmental order or regulation or any other event beyond Native Barns’ control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, Native Barn shall give notice to You of its inability to perform or of delay in completing the Services and shall propose revisions to the schedule for completion of the Services.
9.1. The formation, construction, performance and enforcement of these terms shall be in accordance with English law and the parties submit to the exclusive jurisdiction of the English courts as regards any claim or matter arising in relation to these terms. You acknowledge that Native Barn will have no adequate remedy at law in the event You use the deliverables in any way not permitted hereunder, and hereby agree that Native Barn shall be entitled to equitable relief by way of temporary and permanent injunction, and such other and further relief at law or equity as any arbitrator or court of competent jurisdiction may deem just and proper, in addition to any and all other remedies provided for herein.
10.1. Native Barn may, from time to time amend or change these terms. Any amendments shall be made to you in writing.
Terms of website use
Information about us
www.nativebarn.com is a site operated by Native Barn ("We"); our registered office is Lowry House, 17 Marble Street, Manchester M2 3AW.
Accessing our site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. All works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of the homepage from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
Our site changes regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
Viruses, hacking and other offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
Jurisdiction and applicable law
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site.
Thank you for visiting our site.