We may modify the TOS from time to time. Please read the TOS and check back often. If you do not agree to any change to the TOS then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.
To use some of the services or features made available to you on this Site you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address firstname.lastname@example.org.We may also change registration requirements from time to time.
The account password you provide should be unique and kept secure, and you must notify BARJIS immediately of any breach of security or unauthorized use of your account.
ELIGIBILITY TO PURCHASE
In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
The Site is available only to individuals and others who meet the BARJIS terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to Paypal, whose applications are acceptable to Paypal and who have authorized Paypal to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. BARJIS reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
By making an offer to purchase merchandise you expressly authorize us to perform credit checks and where BARJIS feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions.
Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers. All our pieces are custom made and can take 12 weeks to deliver.
BARJIS offers products for sale that are in stock and available for dispatch from our distribution center. Consequently you may from time to time be given the possibility of making an Advance Payment for certain items in which case you are able to make an Advance Purchase. This will ensure that you receive this item in priority once stock has been delivered to BARJIS. Your rights regarding Advance Purchase are the same as those for any other purchase at BARJIS. Alternatively, you may simply choose to register your email address for notification of arrival of the selected merchandise not held in stock.
Items received into stock may be pre-allocated to satisfy Advance Payment orders and customers making Advance Payments will receive items in priority to customers on the Waiting List or customers ordering through the Site for immediate delivery. Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Advance Payment to your credit/debit card within thirty days of being advised that merchandise has become unavailable.
If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please be aware that on occasion certain products that are in particularly high demand will sell out during this period.
BARJIS will store a record of your transactions for a minimum of one year.
Prices shown on the Site are in GBP but you can see prices in different currencies and are inclusive of VAT at the applicable rate unless you have selected an alternative country where VAT is not chargeable, as indicated in the top left hand corner of the Site.
All prices and offers remain valid as advertised from time to time. The price of a product displayed on the Site at the time the order is accepted will be honoured, except in cases of patent error.
Product prices are set at the beginning of each season using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during the selling period.
Customers purchasing from a country served as DDP will incur relevant import duty and tax. These costs are included in the final purchase price. Customers purchasing from a country served as DDU will be charged for the items purchased and shipping costs only. Import duty or tax costs will be invoiced to you directly from DHL or an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.
If you are a customer whose credit/debit card is not denominated in Sterling or Euros, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.
You can cancel order with 3 working days of placing an order. Please email us and we will refund to your card. Please note that if we don’t receive cancellation email then we will assume that order is going ahead. Unless you cancel your order within 3 working days, acceptance of your order and completion of the contract between you and BARJIS will be completed on the 4th working day of placing an order. The sale contract is therefore concluded in London, England and the language of the contract is English.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS.
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Payment can be made by Visa, Visa Electron, Visa Debit, Visa Delta, MasterCard, American Express, Maestro debit cards, and any other methods which may be clearly advertised on the paypal site from time to time. Payment will be debited and cleared from your account upon dispatch of your order by BARJIS. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to BARJIS, we will not be liable for any delay or non-delivery.
Paypal is the most safest way of making payments and have a secure payment gateway.
Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
INSURANCE AND DELIVERY
BARJIS insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by BARJIS, and transfer of responsibility in the same way.
Please note that we aim to dispatch all orders within 12 working days. It may take upto 3-4 weeks for complex designs. We will notify you estimated delivery date once we receive the order. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. BARJIS are not responsible for any delays caused by destination customs clearance processes.
RETURNS AND EXCHANGES
CANCELLING YOUR ORDER,REFUNDS AND EXCHANGES
For ready to wear and accessories, you can exchange or request a refund within 7 days of purchase. Please return back to our address in the original packing and we will issue a refund as soon as we receive goods. If there are stains/ marks or soiled clothes then we cannot issue a refund. For our custom made work there is no refund. You can cancel your order within 2 workings of placing order. To cancel please contact us at email@example.com. CUSTOM MADE/ BESPOKE ORDERS CAN NOT BE REFUNDED. Please make sure that you give us your correct measurements and order the correct size when placing an order.
If item is damaged during transit we will pay for either a refund or replace the item.The item needs to be sent back immediately for us to assess the damage/defect.
We have made every effort to display as accurately as possible the colours of our products that appear on BARJIS. However, as computer monitors vary, we cannot guarantee that your monitor’s display of any colour will be completely accurate.
INTELLECTUAL PROPERTY RIGHTS
Your use of the Sites and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including BARJIS Software and all HTML and other code contained in this Site. All such Content including trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by BARJIS. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
All copyrights,trade marks and designs belong to BARJIS LTD.
In addition to the Intellectual property rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. BARJIS tries to ensure that the information on this site is accurate and complete. BARJIS does not promise that BARJIS’s Content is accurate or error-free. BARJIS does not promise that the functional aspects of the Site or BARJIS’s Content will be error free or that this Site, BARJIS Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
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NO COMMERCIAL USE
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis.
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THIRD PARTY SITES
We may include hyperlinks on this Site to other websites or resources operated by parties other than BARJIS, including advertisers. BARJIS has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
You have certain rights under the law. In England these include:
1. That any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site; 2. Certain remedies if a product is defective; and 3. A right to cancel any CUSTOM MADE order for a product within 3 working days placing an order.
Nothing in the TOS is intended to affect these rights. For more information about your rights contact your local Citizens Advice Bureau or Trading Standards Bureau.
LIMITS ON OUR LIABILITY
We accept liability for death and personal injury arising from our negligence or that of our employees and agents. We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees or agents.
Nothing in the TOS is intended to affect your rights under the law (see “Your Rights” above).
If BARJIS breaches the TOS we shall only be liable for losses which are direct losses and a reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, they could be contemplated by you and BARJIS at the time of you placing your order, and BARJIS dispatching your order. We shall only be liable for losses up to 100% of the total value of goods purchased.
We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).
We are also not responsible for failure to meet any of our obligations under the TOS where such failure is due to events beyond our reasonable control.
At our request, you agree to compensate us fully, defend us, and hold us BARJIS harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.
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You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and BARJIS as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of BARJIS, and we shall not be liable for any representation, act, or omission on your part.
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If you breach the TOS and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TOS.
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The TOS together with all our policies and procedures will be governed by and construed in accordance to the relevant United Kingdom law and the relevant courts of the United Kingdom will have exclusive jurisdiction.