*****MUST BE REVIEWED AND APPROVED–DRAFT ONLY******
Uploaded: March 25, 2013
PLEASE READ THESE TERMS OF SALE (“TERMS”) CAREFULLY. THESE TERMS APPLY TO YOU AND YOUR PURCHASE OF ANY PRODUCTS FROM BARRIE HOUSE THROUGH ITS WEBSITE, LOCATED AT WWW.BARRIEHOUSE.COM (“SITE”), EXCEPT TO THE EXTENT THAT YOU HAVE ENTERED INTO A SEPARATE WRITTEN AGREEMENT WITH BARRIE HOUSE THAT SUPERSEDES SOME OR ALL OF THESE TERMS. THESE TERMS ARE SUBJECT TO CHANGE WITHOUT PRIOR WRITTEN NOTICE AT ANY TIME, IN BARRIE HOUSE’S SOLE DISCRETION. BY PLACING AN ORDER FOR PRODUCTS THROUGH THE SITE, YOU AGREE TO BE BOUND BY AND ACCEPT THE TERMS AND CONDITIONS IN EFFECT AT THE TIME OF SUCH ORDER. ALL SALES ARE EXPRESSLY CONDITIONED UPON YOUR AGREEMENT TO THESE TERMS IN ADDITION TO BARRIE HOUSE’S TERMS OF USE.
1. Your Account
When you make a purchase from the Site, you may create an account as part of the checkout process. You are responsible for maintaining the confidentiality of your password and restricting access to your password and account. You further agree to accept responsibility for all purchases and activities that occur under your account.
2. Acceptance of Order
Your placement of an order does not necessarily assure that we will accept your order. We reserve the right to refuse any order in our sole discretion. In addition, before accepting your order, we may require additional information if you have not provided all of the information required by us to complete your order. Once a properly completed order is received, authorization of your form of payment is received and we have accepted your order, we will promptly place your order in line for shipment.
3. Pricing and Availability
All prices for products (and the associated costs of shipping and tax) are shown in U.S. dollars. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products without notice, even if you have already placed your order. All prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the payment screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.
4. Payment Terms
Barrie House currently accepts Visa, MasterCard, American Express, Discover credit cards and PayPal. By submitting your order, you represent and warrant that you are authorized to use the designated credit card and authorize us to charge your order (including taxes, shipping and handling) to that card. If the card cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled automatically.
5. Shipping Terms and Policies
We endeavor to ship all orders for in-stock items within one (1) business day. Our standard business hours are Monday through Friday, 8:30 a.m. to 3:00 p.m. Eastern Standard Time shipping is typically via UPS or Federal Express and you should allow five (5) to eight (8) business days for standard delivery once an order has been shipped. We reserve the right to substitute another carrier of equal or lesser cost to deliver your order. If expedited shipping is required, please contact our customer care department at customercare@barriehouse.com.
All shipping charges are your responsibility, unless waived by Barrie House. Shipping charges will be included on your invoice and can be viewed prior to finalizing your order. The shipping charge shown during the checkout process is subject to verification. Shipping charges are subject to change without notice.
All orders are shipped FOB shipping point. Title to products passes from Barrie House to you upon shipment and we are not responsible for any shipping delays or problems once the product has been shipped.
6. Back Orders
If for some reason an item on your order is temporarily out of stock, we will back order that item for you and ship the other merchandise immediately. Items on back order will be charged when the items are actually shipped, along with applicable taxes and shipping charges.
7. Return and Exchange Policies
If you are not satisfied with your purchase from Barrie House for any reason, please let us know within 30 days of original purchase date. Your satisfaction is our top priority.
Please keep these policies in mind:
If you received a damaged item, please contact us within 5 days of receipt of merchandise.
Returns require a Return Merchandise Authorization (RMA) number prior to returning any products to Barrie House. Returns will not be processed without an RMA number and must be requested within 30 days of receipt.
Shipping fees are non-refundable, unless Barrie House made an error processing your order.
Contact our customer care representatives Monday – Friday between the hours of 9:00 am – 4:30 pm Eastern Standard Time at 800-876-CAFE (2233) or use our Contact Us form here http://barriehousecom/contactus.
If you order is incomplete, incorrect, or damaged, please contact us via email or call us toll free at 1-800-876-CAFE (2233). Our Customer Care hours are Monday-Friday 9:00 a.m. – 4:30 p.m. EST, Closed Saturday – Sunday.
8. Privacy
Please refer to our Privacy Policy for information about how Barrie House collects, uses and discloses personal information from users of the Site.
9. Errors
We attempt to be as accurate as possible; however, we do not warrant that all product descriptions, photographs, pricing or other information on the Site is accurate, complete, current, or error-free. In addition, all weights and size dimensions are approximate. If a product offered by Barrie House is not as described or pictured, your sole remedy is to return it in an unused condition for a refund. In the event of an error, whether on the Site, in an order confirmation, in processing an order, in delivering a product or otherwise, we reserve the right to correct such error and revise your order accordingly, or to cancel the order and refund any amount charged. Your sole remedy in the event of an error is to cancel your order and obtain a refund.
10. Limitation of Liability
BARRIE HOUSE WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS, OR OTHER CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN. TO THE FULL EXTENT PERMITTED BY LAW, BARRIE HOUSE’S LIABILITY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE PURCHASE OF PRODUCTS FROM THIS SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
11. Warranties
Barrie House products may be returned or exchanged in accordance with the policies described above. THIS IS THE ONLY GUARANTEE OR WARRANTY YOU GET FROM BARRIE HOUSE RELATING TO THE PRODUCTS YOU PURCHASE. BARRIE HOUSE MAKES NO OTHER, AND EXPRESSLY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER IN WRITING, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. PRODUCTS ARE PROVIDED BY BARRIE HOUSE “AS IS” AND WITHOUT WARRANTY OF ANY KIND.
12. Governing Law; Venue
These Terms and your purchase of products from Barrie House through the Site shall be governed and construed in accordance with the laws of the State of Washington, without resort to its conflict of law provisions to the contrary. You agree that any action at law or in equity arising out of or relating to these Terms or your purchase of products shall be filed only in the state and federal courts located in King County, Washington, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.