Terms and Conditions
Terms and Conditions of Use
Please take a few minutes to review these Terms and Conditions. Your purchase of products from us constitutes your agreement to follow these Terms and Conditions and to be bound by them.
These Terms and Conditions May Change
Barry Francis Pty Ltd reserves the right to update or modify these Terms and Conditions at any time without prior notice. For this reason, we encourage you to review these Terms and Conditions whenever you purchase products from us or use our website.
Most products displayed on our website or in our catalogue are available in the Barry Francis retail store. In some cases, merchandise displayed for sale on our website or in our catalogue may not be available at our store. The prices displayed on our website or in our catalogue are quoted in Australian Dollars (AUD$).
Terms and Conditions of Sales
Please take the time to read through these terms & conditions in respect to the sale of products through Barry Francis Pty Ltd.
The terms and conditions of sale are limited to those contained herein. Any additional or different terms in any forms delivered by customer are hereby deemed to be material alterations and notice of objection to them and rejection of them is hereby given.
By accepting delivery of the products described in Barry Francis’ invoice or other Barry Francis documentation, customer agrees to be bound by and accepts these terms and conditions of sale.
Important information about these terms and conditions of sale
These terms and condition of sale constitute a binding contract between customer and Barry Francis Pty Ltd. Customer accepts these terms and conditions of sale by making a purchase, placing an order or otherwise shopping on Barry Francis’ website (the ‘website’). These terms and conditions of sale are subject to change without prior notice, except that the terms and conditions of sale posted on the website at the time customer initially places or modifies an order will govern the order in question.
These terms and conditions of sale constitute the entire agreement between customer and Barry Francis Pty Ltd relating to the terms and conditions of sale of products on the website. Customer consents to receiving electronic records, which may be provided via a web browser or email application connected to the internet.
Customer agrees that the terms and conditions sale contained herein and in Barry Francis’ invoice or other documentation will control. No course of prior dealings between the parties will be relevant to determine the meaning of these terms and conditions of sale or invoice related thereto. For the purpose of these terms and conditions of sale, ‘customer’ means the person or entity that purchases, places order or otherwise shops at Barry Francis’ website.
Shipping; Risk of Loss; Security Interest
Barry Francis will arrange payment for shipping with the carrier, but such costs are the responsibility of the customer. Barry Francis charges shipping and handling fees for every shipment, unless a special promotion or contract term provides otherwise. Risk of loss is upon the Customer once we deliver the product to the carrier. Delivery times are estimates only and we shall not be liable for delays.
Barry Francis Pty Ltd retains a security interest in the products until payment in full is received. Customers will be responsible for all shipping and related charges.
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Customers understand that Barry Francis is not the manufacturer of the products purchased by Customers hereunder and the only warranties offered are those of the manufacturer, not Barry Francis Pty Ltd. All products are sold AS IS. In purchasing the products, customer is relying on the manufacturers’ specifications only and is not relying on any statements, specifications in brochures, photographs or other illustrations representing the products that may be provided by Barry Francis Pty Ltd.
BARRY FRANCIS PTY LTD HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS SOLD BY THIRD PARTIES OR AFFILIATES OF BARRY FRANCIS PTY LTD, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARITUCLAR PURPOSE OR NONINFRINGEMENT. THIS DISCLAIMER DOES NOT AFFECT THE TERMS OF MANUFACTURERS WARRANTY, IF ANY.
Pricing Information; Availability; Errors and Omissions Disclaimer
All pricing is subject to change. We reserve the right to make adjustments to pricing, products and services offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer’s price changes and errors in advertisements. All orders are subject to product availability. Therefore, we cannot guarantee that it will be able to fulfil customer’s orders.
We make every effort to ensure the accuracy of the information published in our catalogues and on our website. However, the documents and graphics published on this site may contain technical inaccuracies or typographical errors. We make no representations about the suitability of the information and graphics presented on this site. All such documents and graphics are provided ‘as is’ without warranty of any kind.
If an error is made and a product is listed at an incorrect price, we shall maintain the right to refuse or cancel any orders placed at the incorrect price. If the order has been confirmed and charged to your credit card, we shall immediately issue a credit in the amount of the incorrect price. Note: we also do not guarantee that our prices listed on other websites or price engines are accurate or up-to-date.
Orders; Payment Terms
Orders are not binding upon Barry Francis until accept by Barry Francis. Barry Francis reserves the right to refuse service to anyone. Terms of payment are within Barry Francis’ sole discretion. Invoices are due and payable within the time specified on the invoice, measured from the date of invoice. Barry Francis may invoice parts of an order separately.
Customer agrees to thoroughly and carefully inspect all goods and shipping papers upon delivery. No Claim for shortage or damaged goods will be valid or enforceable against us unless Customer complies with Barry Francis’ policy on returns and exchanges.