Terms and Conditions

Price Guarantee (Now Extended)

 

For the period up until between 16/02/2009 and 31/12/2010 Barriers Direct is offering a price guarantee to all its customers. If they find that they can buy the exact same product with the same delivery from any other supplier cheaper than the one offered by Barriers Direct via their website only within 3 days of confirming order and before dispatch. We will undertake to cancel the order and refund the customer within 24 hours of receiving written prove of the cheaper offer from supplier. Please note this does not apply to any orders that have already been dispatched. The offer can be withdrawn at any time. Exclusions: the Price Guarantee does not apply to our or our competitors' free offers, limited-quantity items, clearance items, outlet centre items, mail-in offers, financing, bundle offers or pricing errors. This offer only applies to orders and offers on the UK mainland.

 

Delivery Information

Standard delivery on most posts and barriers is on a three to five working day basis, however some may take longer - please see product details for further information. Standard delivery time for arm barriers is seven to ten working days. An express delivery service is available on request on some items (phone orders only) and must be placed before 12.30 the day before. Deliveries apply to England & Wales only. For deliveries to Scotland & Ireland, please note additional delivery may be payable. This cost, if applicable, will be agreed before completion of the order and dispatch.

 

How To Buy

There are four ways to pay for your goods either direct on-line or over the phone.

1. Credit/Debit Card

Live on our secure on-line service, or ring our freephone number 0800 0288010. You can pay using any of these cards:-

 

2. Cheques

Press the BACS/Cheque button on the order page (or ask the Sales Team over the phone) simply follow the instructions at checkout .  Cheques (including VAT) should be made payable to Barriers Direct and sent to Suite 14, Communications House, 9 ST John’s Street, Colchester. Essex CO2 7NN.

 

3. BACS Transfer from your bank

Press the BACS/Cheque button on the order page (or ask the Sales Team over the phone) simply follow the instructions at checkout, then arrange a BACS transfer, quoting reference number (please ensure you include the VAT), straight from your account.  Our bank details are given in full on your Proforma Invoice. What could be simpler!

 

4. PayPal

Simply place an order as normal and follow the instructions at check out to be able to pay through your own Paypal account. It's so easy and safe!

 

 

Terms & Conditions

These Conditions set out the basis on which you can visit and use our web site and on which you place orders with us. Please read them carefully as they contain important information.

 

Barriers Direct, is a trading name of J9 Limited (Company registration number 03452292) J9 Limited owns this site and when ordering this is the company with whom you make a contract. If you want to ask us anything about these Conditions or have any comments or complaints on or about this web site please contact usSuite 14, Communications House, 9 ST John’s Street, Colchester. Essex CO2 7NN  Our VAT number is 700 3464 81

In these Conditions references to we, us and our shall be references to J9 Limited.

We may change these Conditions from time to time without notice to you and any changes will apply to subsequent orders received.

1

Product Description + Pricing

1.1

We take every care in the preparation of the content of this web site, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described. However, please note the following:

1.1.1

Colour and appearance on the web site will vary according to the resolution and the screen type of your computer. Therefore, we cannot guarantee that the appearance or colours of the products shown on the site exactly reproduce the appearance or colours of the products themselves.

1.1.2

The weights, dimensions and capacities given are approximate only.

1.1.3

Where products are to be placed in a coastal location, client should be aware they may need to ask about upgrading to marine quality paint, as all products are offered in standard quality powder coating.

1.1.4

Packaging may vary from that shown.

2

Payment

2.1

We will charge your credit card account immediately and authorise dispatch of the goods. Online orders must be paid for by credit/debit card. or by Paypal. We accept Visa Credit, Master Card, Visa Debit, Switch, Solo. Pro formas may be paid for over the phone by credit or debit card (0800 0288010) or by BACS transfer (please see your pro forma invoice or quote for details) or cheque payable to Barriers Direct and sent directly to Barriers Direct, Suite 14, Communications House, 9 St John’s Street, Colchester, Essex, CO2 7NN.

2.2

By providing us with credit or debit card details to pay for an order, you are confirming that the card you are using is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer.

3

Accepting Your Order

3.1

We carry out checks and authorisation procedures on cards and cheques and our stock before your offer to buy from us is accepted. We reserve the right to reject any order placed with us, depending on the results of the checks and procedures that we carry out.

3.2

We will send order confirmation/invoice only to the e-mail address you have supplied to us. Goods will be dispatched separately to invoice. Please keep all paper work that we send you in case of query.

3.3

After placing an order, you will receive an e-mail from us acknowledging that we have received your order.  Please note that this does not mean that your order has been accepted.  Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.

3.4

The Contract will relate only to those Products whose disptach we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the disptach of such Products has been confirmed in a separate Dispatch Confirmation.

4

Consumer rights

4.1

If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products.  In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 8 ). 

4.2

To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk.  You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

5

Availability and delivery

Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances. 

6

Risk and title

6.1

The Products will be at your risk from the time of delivery.

6.2

Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

7

Price and payment

7.1

The price of any Products will be as quoted on our site from time to time, except in cases of obvious error. 

7.2

These prices include VAT and standard delivery to an address in England and Wales. The price excludes delivery costs to an address outside England and Wales and express or special delivery costs, which will be added to the total amount due as set out in our Delivery Guide.

7.3

Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

7.4

Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced.  We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you.  If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

8

Our refunds policy

8.1

When you return a Product to us:

(a)    because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 4.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you.  However, you will be responsible for the cost of returning the item to us.

(b)    for any other reason (for instance, because have notified us in accordance with paragraph 20 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time.  We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us. 

8.2

We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

8.3    Save in case where you are dealing as a consumer, refunds will not include any delivery charges incurred when your order was first sent to you or when you returned it. If we arrange collection, then the costs of collection will be treated as your costs of return and will be deducted from the price you first paid when calculating the refund you are due.   Where you are dealing as business, we reserve the right to charge a restocking fee of 25% of the contract value, save in case of where goods are defective.

9

Manufacturers' Guarantees

Manufacturers' guarantees apply in addition to our cancellation and returns policy. Please contact us and we will liaise with the manufacturers on your behalf. If you prefer, you can contact the manufacturer direct - we can supply you with the contact details. This does not apply to goods taken abroad, although we will do our best to help.

10

Copyright, Trademarks and Right to Use

11.1

All rights, including copyright and database right, in this web site and its content, are owned by or licensed to J9 Limited. Any use of this web site, its contents, or underlying source code and software – including copying or storing it or them in whole or part - other than for your own personal, non-commercial use is prohibited without the permission of J9 Limited. You may not modify, distribute or re-post anything on this web site for any purpose.

11.2

We reserve the right to use for our own purposes any material submitted to the web site, including text and images, either on the web site or in any other form, including for publicity purposes. We reserve the right to monitor submissions to the site and to edit or reject any submissions.

12

Our liability

12.1

We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. 

12.2

Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.

12.3

This does not include or limit in any way our liability:

(a)    For death or personal injury caused by our negligence;

(c)    Under section 2(3) of the Consumer Protection Act 1987;

(c)    For fraud or fraudulent misrepresentation; or

(d)    For any deliberate breaches of these Terms by us that would entitle you to terminate the contract between us.

(e)    For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

12.4

We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us and even if such losses result from a deliberate breach of these Terms by us that would entitle you to terminate the contract between us, including but not limited to:

(a)    loss of income or revenue

(b)    loss of business

(c)    loss of profits or contracts

(d)    loss of anticipated savings

(e)    loss of data

(f)    loss of data, or

(g)    waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise;

provided that this clause 12.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 12.1 or clause 12.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (g) inclusive of this clause 12.4.

12.5

We make every effort to ensure that this web site is free from viruses or defects. However, we cannot guarantee that your use of this web site or any web sites accessible through it won't cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the web site and screen out anything that may damage it. We shall not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this web site.

12.6

We have placed links on this web site to other web sites we think you may want to visit. We do not vet these web sites and do not have any control over their contents. We cannot accept any liability in respect of the use of these web sites.

12.7

Unless otherwise specified, the materials on this web site are directed solely at those who access this web site from the UK. We make no representation that any products or services referred to in the materials on this web site are appropriate for use, or available, in other locations. Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable.

13

Other legal notices

13.1       There may be legal notices on other areas of this web site which relate to your use of this web site, all of which will, together with these terms and conditions govern your use of this web site

14    

Written communications

Applicable laws require that some of the information or communications we send to you should be in writing.  When using our site, you accept that communication with us will be mainly electronic.  We will contact you by e-mail or provide you with information by posting notices on our website.  For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.  This condition does not affect your statutory rights.

15    

Notices

All notices given by you to us must be given to J9 Limited at Suite 14, Communications House, 9 ST John’s Street, Colchester. Essex CO2 7NN We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 14  above.  Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter.  In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

16  

 Transfer of rights and obligations

16.1    The contract between you and us is binding on you and us and on our respective successors and assigns. 

16.2    You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. 

16.3    We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

17    

Events outside our control

17.1    We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event). 

17.2    A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

(a)    Strikes, lock-outs or other industrial action.

(b)    Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

(c)    Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

(d)    Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

(e)    Impossibility of the use of public or private telecommunications networks.

(f)    The acts, decrees, legislation, regulations or restrictions of any government.

17.2    Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.  We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

18  

 Waiver

18.1    If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

18.2    A waiver by us of any default shall not constitute a waiver of any subsequent default.

18.3    No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 above.

19    

Severability

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

20    

Entire agreement

20.1    These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

20.2    We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

20.3    Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.

21    

Our right to vary these terms and conditions

21.1    We have the right to revise and amend these terms and conditions from time to time [to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.

21.2    You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

22  

 Law and jurisdiction

Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law.  Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

 

 Registered office of J9 Limited : Ash Grove, Cobbs Fenn, Sible Hedingham Essex CO9 3RX