Barnshenn Terms & Conditions
Scope of these terms
These terms and conditions outline the basis on which we provide you with products, including both physical goods and digital content.
The Importance of Reading Them
Before finalising your order, we strongly urge you to carefully review these terms. They provide crucial details about our identity, the manner in which we deliver products to you, the processes involved in modifying or terminating the contract, guidance on handling issues, and other significant information that you should be aware of. Taking the time to familiarise yourself with these terms ensures a clear understanding of the expectations and safeguards your rights as a consumer.
Website Accessibility
Your access to and utilisation of this Website, as well as the products and services offered through it (referred to collectively as the "Services"), are governed by the subsequent terms, conditions, and notices (referred to as the "Terms of Service"). By making use of the Services, you acknowledge your agreement with all of the Terms of Service and commit to their compliance. These terms may be periodically updated by us, and it is your responsibility to stay informed about any changes. If you do not agree to abide by these Terms of Service, it is imperative that you refrain from using this Website. We recommend retaining a copy of these terms for future reference.
Access to this Website is granted temporarily, and we maintain the right to withdraw or modify the Services without prior notice. We cannot be held liable if, for any reason, this Website becomes unavailable at any time or for any duration. Occasionally, access to certain sections or the entirety of this Website may be restricted. Additionally, this Website features links to other websites (referred to as the "Linked Sites") that are not operated by Barnshenn. We do not exercise control over the Linked Sites and assume no responsibility for them or any losses or damages incurred through their use. Your utilisation of the Linked Sites is governed by the respective terms of use and service provided within each individual site.
Notice Regarding Privacy
Respecting your privacy and ensuring the safeguarding of your personal data are of utmost importance to us. To understand how we handle your information and protect your personal data, please access our Privacy Policy. You can access our Privacy Policy here.
Restrictions and Forbidden Actions
While we strive to maintain a secure and bug-free Website, we cannot guarantee its absolute security or freedom from viruses. It is your responsibility to configure your information technology, computer programs, and platform in order to access this Website. We recommend using your own virus protection software.
Misuse of this Website by knowingly introducing malicious or technologically harmful elements such as viruses, trojans, worms, logic bombs, or engaging in unauthorised access attempts is strictly prohibited. This includes any attempts to disrupt the Website through denial-of-service attacks. Such actions are considered criminal offences under the Computer Misuse Act 1990. If we become aware of any breach, we will report it to the relevant law enforcement authorities and cooperate fully by disclosing your identity. Any breach of this provision will result in an immediate termination of your right to use this Website.
We are not liable for any loss or damage resulting from distributed denial-of-service attacks, viruses, or other technologically harmful materials that may infect your computer equipment, software, data, or other proprietary materials due to your use of this Website or downloading any material from it, unless such loss or damage arises from our negligence.
Using automated systems or software to extract data from this Website for commercial purposes, known as "screen scraping," is strictly prohibited without obtaining a licence.
Intellectual Property, Software, and Content Ownership
The intellectual property rights pertaining to all software and content provided to you on or through this Website remain the property of Barnshenn or its licensors. These rights are safeguarded by copyright laws and treaties worldwide. All rights, including those of Barnshenn and its licensors, are reserved. You are allowed to store, print, and display the supplied content exclusively for personal use. However, you are strictly prohibited from publishing, manipulating, distributing, reproducing (in any format), or utilising any content or its copies supplied to you through this Website for business or commercial purposes.
Furthermore, you are prohibited from modifying, translating, reverse engineering, decompiling, disassembling (unless required for integrating software operation with other software or systems used by the customer), or creating derivative works based on any software or accompanying documentation provided by Barnshenn or its licensors.
Barnshenn Interactive Spaces
Registration
Barnshenn retains the authority to deactivate an account if a user is found to employ proxy IPs (Internet Protocol addresses) to conceal the usage of multiple accounts or deliberately disrupt any of our services.
Ownership and Use of Content
You retain full ownership of the content and information you post on the Website. However, for content that is protected by intellectual property rights, such as photos and videos ("IP content"), you grant Barnshenn a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform, and display such material globally. This licence applies to any IP content you post on or in connection with Barnshenn, and it allows us to incorporate the content into other works, in any form, media, or technology now known or later developed. In certain cases, Barnshenn may also share your contribution with trusted third parties.
The IP Licence granted to Barnshenn for your IP content ends when you delete the content or your account, except for situations where the content has been shared with others and may still be accessible. Barnshenn is not obligated to delete IP content shared by you, and you acknowledge that the company is not obliged to publish any material you submit on any Barnshenn publication.
When you use an application, your content and information may be shared with that application. It is important to note that the application's privacy policy and terms will govern how the content and information are used, stored, and transferred.
By publishing content or information with the "Public" setting, you are allowing everyone, including other Website users, to access and use that information and associate it with you. It is recommended to avoid revealing personal information about yourself or others that could lead to personal identification, such as phone numbers, addresses, or email addresses.
While Barnshenn appreciates feedback and suggestions, you acknowledge that the company may use them without any obligation to provide compensation, just as you have no obligation to offer them.
By submitting any material, you agree to follow the Barnshenn Content Guidelines as outlined in the Terms and Conditions. If you do not agree to grant Barnshenn the permissions stated above, please refrain from submitting or sharing your contributions on the Community Areas.
The Service allows you to interact with social media services, such as through Facebook "Like" buttons or Twitter integration. Please note that Barnshenn does not control these social media services, your profiles on those services, or the use of your personal information by those services. It is your responsibility to review the policies and information of the respective social media services to understand how they handle your information before using any features provided by them through our Service. Barnshenn is not liable for any acts or omissions by social media service providers or your use of features originating from their platforms.
Barnshenn Rewards and Discount Terms
A Barnshenn Reward refers to a single-use voucher (£) or percentage discount (%) added to My Rewards. Only one Barnshenn Reward can be applied per order. Barnshenn Reward vouchers (£) are subject to a minimum spend requirement. Additionally, Barnshenn Rewards may have an expiration date, which will be specified in the reward notification emails you receive. It's important to note that Barnshenn Rewards can only be redeemed on full-price items and cannot be used in conjunction with any other offers or promotions, such as Multibuys.
Barnshenn Discount Codes
At the Barnshenn checkout, you can use a discount code to claim a voucher amount (£) or a percentage (%) off your qualifying order. Please note that only one discount code can be used per order. All discount codes have an advertised expiration date and must be used before they expire. Discount codes can only be used on full-priced items and cannot be combined with any other offers or promotions, including Multibuy Offers.
Terms of Offers
Offers, also known as Multibuys, are exclusively available on the Barnshenn websites. We reserve the right to withdraw an Offer at any time, even before the advertised expiry date. It's important to note that multiple Offers can be used in a single transaction.
These Offers are subject to availability and are applicable only to selected full-price products. Discounts are automatically calculated at the basket and do not cover delivery charges.
In the event of a refund, the discount applied to the original order will be taken into account. For example, if an item that was part of a multibuy is returned, which no longer meets the multibuy terms, the remaining kept items will revert to their full price. The refund amount for the returned item will reflect the revised value of the original order without the multibuy discount applied.
The Parent Test
The following terms and conditions are part of our standard terms and conditions and your personal details will be handled in accordance with our Privacy Policy.
We reserve the right to withdraw or modify the promotion at any time. Please note that this promotion is not sponsored, endorsed, or administered by or associated with any social media organisation. It is the sole responsibility of Barnshenn.
The promotion is open to UK residents who are 18 years of age or older. Only individual entries are accepted, and each individual is limited to one entry. Employees of Barnshenn are not eligible to participate. Group or organised entries are not permitted, and if you breach these terms while participating in the promotion, we reserve the right to charge you the full retail price for any goods provided to you.
No purchase is necessary to enter the draw. Entries can be submitted through our website and/or social media pages only. The details of the selected individuals and their reviews may be disclosed on our website and/or social media pages.
To enter, you must answer the question related to the specified product. The chosen entries will be selected based on our published criteria.
The selected entry will be chosen at our sole discretion, and we will not engage in any correspondence regarding the chosen entry. We will notify the chosen individual within a reasonable period. If the originally chosen person does not respond to us within 48 hours of our first contact, we reserve the right to allocate the product to another reviewer.
If the product becomes unavailable for review, we reserve the right to replace it with another product.
If your entry is chosen, you will receive the product free of charge (with no cash alternative) on the condition that you provide us with the following reviews based on your personal use of the product:
A First Impression of the product upon receiving it or shortly after
A Second Impression of the product up to 8 weeks after receiving it
By participating, you agree that we may contact you to remind you and/or assist you in submitting these reviews. If you fail to provide these reviews, we reserve the right to charge you the full retail price of the product (this does not affect your statutory rights regarding cancellation if you choose not to submit these reviews).
You may include imagery such as videos or photographs in your review, but you must ensure that such imagery does not infringe on anyone else's copyright or brand. You agree that your review will not contain any offensive, explicit sexual, obscene, defamatory, vulgar, or otherwise inappropriate material. Your review should be based on fair comment derived from your personal use of the product. Furthermore, you must ensure that any individuals identified in the review have given their permission to be included, or you have the authority to grant such permission. We reserve the right to edit your review before publication to comply with these terms.
By participating, you agree that we may publish your reviews, including any associated imagery, as part of our marketing efforts, including online on our website and social media.
We accept no liability for any damage, loss, injury (except for liability resulting from personal injury or death due to our negligence), or disappointment experienced by any entrant. Before entering the promotion, it is your responsibility to ensure that the product offered for review is suitable for your use with your child.
In case of any disputes arising from entering this promotion, the courts of England will have exclusive jurisdiction, provided that the parties make at least one initial good faith attempt at mediation (with shared costs) to resolve the dispute. These terms are governed by English law.
Terms of Sale
By placing an order, you are making an offer to purchase a product and agreeing to the following terms and conditions. All orders are subject to availability, and the confirmation of the order price.
The dispatch times may vary depending on availability, and any guarantees or representations regarding delivery times are subject to potential delays caused by postal issues or unforeseen circumstances beyond our control. For more information, please refer to our Delivery Charges notice.
To enter into a contract with Barnshenn, you must be at least 18 years old and possess a valid credit or debit card issued by an acceptable bank. Barnshenn reserves the right to refuse any requests made by you and may choose to close your Barnshenn account at its sole discretion. If your order is accepted, we will notify you via email and confirm the party with whom you have entered into a contract. Usually, the contract will be with Barnshenn, but in some cases, it may involve a third party. When a contract is made with a third party, Barnshenn acts neither as an agent nor a principal, and the terms of sale will be provided by the third party. When placing an order, you affirm that all the details you provide are true and accurate, you are authorised to use the credit or debit card for the order, and there are sufficient funds to cover the cost of the goods. The prices of foreign products and services may fluctuate, and all advertised prices are subject to such changes. Please exercise caution when purchasing goods as gifts for individuals under 18 years old, as some items may not be suitable for them.
a. Our Contract
i. Upon placing an order, you will receive an acknowledgment email confirming that we have received your order. This email serves as an acknowledgment and does not constitute acceptance of your order. A contract for the purchase of goods will only be formed once your payment has been approved by us, and we have debited your credit or debit card.
b. Pricing and Availability
i. While we strive to ensure the accuracy of all details, descriptions, and prices displayed on our website, errors may occur. If we identify an error in the price of any goods you have ordered, we will inform you as soon as possible and provide you with the option to confirm your order at the correct price or cancel it. If we are unable to contact you, we will consider the order cancelled. If you cancel an order for which you have already made payment, you will receive a full refund. Prices include VAT where applicable, and delivery costs will be added separately. Any additional charges will be clearly indicated and included in the 'Total Cost.'
ii. The Service may contain typographical errors, inaccuracies, or incomplete or outdated information. Therefore, we reserve the right to correct any errors, inaccuracies, or omissions and to modify or update information at any time without prior notice. We also reserve the right to reject any orders based on information provided on the Service that contains errors, inaccuracies, or outdated information regarding pricing, shipping, payment terms, or return policies.
c. Payment
i. Upon receiving your order, we conduct a standard pre-authorization check on your payment card to ensure sufficient funds for the transaction. Goods will not be dispatched until this pre-authorization check is completed. Your card will be debited once the order is accepted.
d. Refunds
Exercising your right to change your mind (Consumer Contracts Regulations 2013):
For most online purchases, you have the legal right to change your mind within 14 days and receive a full refund for the products (subject to the conditions outlined in the paragraph below: Deductions from refunds if you are exercising your right to change your mind). We offer a period of 30 days from the day you (or someone you nominate) receives the items to return them to us and receive a full refund. Returning items to Barnshenn using a pre-approved method outlined in our Delivery and Returns Policy is free of charge. There are additional legal rights regarding contract termination, which are explained in more detail below.
Exceptions to the right to change your mind:
You do not have the right to change your mind for personalised products or products sealed for health protection or hygiene purposes once they have been unsealed after delivery.
Your Rights to End the Contract:
Your rights when ending the contract depend on the nature of the purchased items, whether there is a fault, our performance, and the timing of your decision to end the contract:
(a) If the purchased items are faulty or misdescribed, you may have the right to end the contract (or have the product repaired or replaced or receive a refund), as detailed in the paragraph 'Summary of your Legal Rights' below.
(b) If you want to end the contract due to our actions or what we have communicated about future actions, refer to the paragraph 'Ending the contract because of something we have done or are going to do' below.
Ending the contract because of something we have done or are going to do:
If you are ending the contract for one of the following reasons (a) to (e), the contract will terminate immediately, and we will provide a full refund for any undelivered products. You may also be entitled to compensation. The reasons are as follows:
(a) We have informed you about an upcoming change to the product or these terms, and you do not agree (see section b. Pricing and Availability under Terms of Sale above).
(b) We have informed you of an error in the price or description of the product you have ordered, and you do not wish to proceed (see section b. Pricing and Availability under Terms of Sale above).
(c) There is a significant risk of substantial delays in the supply of the products due to external events beyond our control.
(d) We have temporarily suspended the supply of the products for technical reasons, or we have notified you about an upcoming suspension of more than two weeks.
(e) You have a legal right to end the contract due to our wrongdoing.
How to end the contract
You can write to us at help@barnshenn.co.uk.
Your responsibility to return rejected products
If you wish to exercise your legal rights to reject products or return them within the 365-day period, you must send the products back to us. To do so, use the appropriate return label provided on our Delivery and Returns page. If you choose not to use one of the prepaid services mentioned on Barnshenn's Delivery and Returns page, you will be responsible for the cost of returning the products.
If you believe the goods are unsuitable for postal return, please contact our customer service team via email. If we agree to collect the goods, you must make them available for collection. You will bear the cost of collection, but we will only charge you the direct cost we incur. We will not charge you for administrative, handling, or restocking fees related to the return of the goods.
Deductions from refunds for exercising your right to change your mind:
We may reduce the refund amount (excluding delivery costs) to account for any decrease in the value of the goods caused by your handling them in a manner not allowed in a physical shop. You are permitted to remove goods from their original packaging for inspection purposes, but to receive a full refund, the goods must be returned to us in their original packaging. If we refund you before inspecting the goods and later find that you have handled them in an unacceptable manner, you will need to reimburse us accordingly.
Refund process:
We will refund the price you paid for the products using the same payment method you used for the purchase. We will process any refunds owed to you as soon as possible. If you are exercising your right to change your mind and we have not offered to collect the goods, you will receive your refund within 14 days from the day we receive the product back from you. For instructions on how to return a product, refer to the section titled 'Your obligation to return rejected products'.
Summary of your legal rights:
We have a legal obligation to provide products that comply with the contract. Here is a summary of your key legal rights regarding the product. These rights are not affected by these terms and conditions.
According to the Consumer Rights Act 2015:
Goods must be as described, fit for their intended purpose, and of satisfactory quality.
Within 30 days of purchase, if the goods are faulty, you are entitled to an immediate refund.
Within six months of purchase, if the goods cannot be repaired or replaced, you are generally entitled to a full refund.
Within six years of purchase, if the goods do not last for a reasonable amount of time, you may be entitled to a partial refund.
Liability Disclaimer
The content displayed on this Website is provided without any guarantees, conditions, or warranties regarding its accuracy. Barnshenn, along with its suppliers, content providers, and advertisers, expressly excludes all implied conditions, warranties, and other terms that may otherwise be inferred by statute, common law, or equity. They shall not be held liable for any damages, including but not limited to direct, indirect, special, consequential, punitive, or incidental damages, or damages for loss of use, profits, data, or other intangible assets, damage to goodwill or reputation, or the cost of acquiring substitute goods and services. These damages may arise from the use, inability to use, performance, or failures of this Website or the Linked Sites, as well as any materials posted on them. These exclusions apply regardless of whether such damages were foreseeable and whether they arise in contract, tort, equity, restitution, by statute, at common law, or otherwise. However, this disclaimer does not affect Barnshenn’s liability for death or personal injury caused by negligence, fraudulent misrepresentation, misrepresentation of a fundamental matter, or any other liability that cannot be excluded or limited under applicable law.
Linking to this Website
You are permitted to link to our home page, as long as it is done in a fair and legal manner that does not harm our reputation or exploit it. However, you must not create a link that implies any form of association, approval, or endorsement from us if none exists.
It is not allowed to establish a link from a website that you do not own.
You are prohibited from framing this Website on any other site, and you may only create a link to the home page and not to any other part of the Website. We retain the right to withdraw linking permission without prior notice.
Indemnity
You agree to defend, indemnify, and hold Barnshenn, its directors, officers, employees, consultants, agents, and affiliates harmless from any and all third-party claims, liability, damages, and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Service.
Variation
Barnshenn shall have the right in its absolute discretion at any time and without notice to amend, remove, or vary the Services and/or any page of this Website.
Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part of the Terms of Service will not be affected, with all other clauses remaining in full force and effect. To the extent possible, if any clause/sub-clause or part thereof can be severed to render the remaining part valid, the clause will be interpreted accordingly. Alternatively, you agree that the clause will be rectified and interpreted in a manner that closely resembles the original meaning of the clause/sub-clause, as permitted by law.
Complaints
We have a procedure in place to handle complaints and strive to resolve any disputes that arise promptly. If you have any questions, complaints, or comments, please inform us. You can reach our customer service team by emailing help@barnshenn.co.uk. If your dispute remains unresolved, you may have the option to use the European Commission's Online Dispute Resolution platform.
Waiver
In the event that you violate these conditions and we do not take immediate action, it does not waive our right to enforce these conditions in any other situation where you breach them.
Governing Law and Jurisdiction
These terms and conditions are governed by the laws of England. Any dispute or claim related to these terms and conditions will be exclusively subject to the jurisdiction of the English courts.
Entire Agreement
The Terms of Service stated above represent the complete agreement between you and Barnshenn, replacing any previous agreements, whether current or preceding. Any waiver of a provision in the Terms of Service will be valid only if it is in writing and signed by a Director of Barnshenn.
Ethical Sourcing Policy
Barnshenn is a trusted and reputable business dedicated to providing high-quality products to its customers. We acknowledge our responsibility to ensure that our suppliers adhere to ethical practices.
We expect our suppliers to maintain a work environment that safeguards the health, safety, and fundamental human rights of their employees. Compliance with national employment laws and regulations is expected, particularly concerning:
Minimum age requirements for employment
Voluntary employment
Health and safety standards
Freedom of association and the right to collective bargaining
Non-discrimination practices
Prevention of harsh or inhumane treatment
Working hours
Fair rates of pay
Employment terms
Barnshenn is committed to avoiding sourcing goods from countries that violate the aforementioned principles. We also encourage our suppliers to uphold these principles when dealing with their own suppliers.
While it may not always be feasible to directly monitor and control the conditions of every individual involved in the production of our products due to complex supply chains, Barnshenn recognizes the importance of being proactive. As our business grows, we strive to do everything within our means to support and uphold the rights of those involved in the manufacturing of our goods.