For ease of reference all use of the terms “We”, “our” and “us” in these Terms and Conditions refer to “Barker Street”.
All Terms and Conditions (T&C’s), policies and disclaimers on the Barker Street website apply to the use of the website as well as the ordering, sale and delivery of goods and services.
Use of our website confirms an understanding and acceptance of these Terms and Conditions.
These T&C’s, we may change without notice from time to time.
Barker Street shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to information Act 2 of 2000(PAIA). The PAIA may be downloaded from http://www.polity.org.za/attachment.php?aa_id=3569. Please refer to our full privacy policy for more information.
Errors, Omissions
While all reasonable effort is made to provide accurate information about our products, we do not accept liability and shall not be held liable for any loss or claim as a result of such error or inaccuracy.
We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time, without prior notice, including after an order has been submitted in which case, where the correction is significant, we will take all reasonable effort to inform affected customers.
Product Description
Product descriptions are for marketing purposes only and are presented in a simple comprehensible format.
Product descriptions on this website are not intended to be exhaustive technical information sheets and terminology may be used in a broad sense or for specific purposes only.
Guarantees
Unless otherwise specified for specific products, the default guarantee on all products sold by Barker Street shall be that of 5 (five) years.
Longer guarantees or any extended guarantees shall only be valid where this was explicitly indicated, or if purchased separately.
This guarantee covers manufacturing defects and excludes fair wear and tear.
We do not necessarily guarantee continuity on all products and designs. Should this be a requirement please discuss this with your consultant.
The products supplied by Barker Street shall be suitable only for the purpose designed and intended and the customer shall ensure the products are handled, stored, installed and used, or otherwise dealt with in a normal and reasonable manner, and where applicable, in a manner consistent with the instructions given when the products were purchased.
Barker Street shall not be liable for any action or claims for injury or damages of whatever nature arising from or in connection with use of the products in breach of these T&Cs.
This guarantee only covers products within the borders of South Africa. Any product taken outside of South Africa must be returned to South Africa at the customer’s cost in the event of any guarantee claims.
Product warranties extend to the original purchaser only and are not transferable with the sale or donation of the product to a third party.
We reserve the right to either repair or exchange an item submitted for guarantee purposes. In the event where the item cannot be repaired, it may be exchanged with a replacement item that is identical, or where the exact same model or product is no longer available, with an item of similar value.
Where an item was replaced or repaired under guarantee, the balance of the original guarantee period shall remain in place and the repaired or replaced product does not come with a new guarantee, but with the balance of the original guarantee that remains.
Customers shall not be compensated for transport arranged by themselves and not authorised by Barker Street.
Returns transport shall only be covered within the borders of South Africa. Where a customer has relocated to a different address to that of the original delivery address and such new address located in an outlying area including farms, villages or small towns or any area resulting in significantly higher transport costs, such additional costs shall be for the account of the customer.
Motorized or electronic equipment under warranty are subject to the relevant manufacturer’s policy or warranty.
The nature of the goods (size, technical specifications, etc.) often dictates where the repair will take place. For example, on site or at the manufacturer’s premises.
The manufacturer’s warranty will only apply to defects in the process of manufacturing the goods and will not apply in the following instances:
Damage caused by lightning or power surges.
Damage caused by misuse or abuse to the goods.
Goods used for a purpose other than the purpose for which they were manufactured and intended.
Goods used contrary to their instruction manuals (where applicable)
Accidental damage; and
Damage caused by the customer in any attempt to repair the goods.
Intellectual Property
All graphical images including product photos, logos, banners, sound or video clips trademarks and trade names, lay-outs, icons or copy text displayed or incorporated in this website is the property of Barker Street or the brands, associates, suppliers or service providers it represents and is protected by law.
Any unauthorised use, reproduction or distribution thereof is strictly prohibited and may only be done with the express written consent of Barker Street.
Governing Law
This website is governed by the laws of South Africa and Barker Street chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.
Any disputes arising out of or relating to the Terms and Conditions, use of our website, or our products or services offered on our website will be resolved in accordance with the laws of the Republic of South Africa without regard to its conflict of law rules.
Waiver
Any failure on our part to exercise or enforce any right or provision of any of our Terms and Conditions set out will not constitute a waiver of such right or provision.
A waiver by us of any default will not constitute a waiver of any subsequent default.
No waiver by us is effective unless it is communicated in writing.
Severability
If any of the provisions of our terms or condition are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.
Variation
Barker Street may, at its sole discretion, change or amend any of these terms, conditions or policies without notification and it is the user’s responsibility to ensure that he or she is satisfied with the terms and any amendments that may have been affected.
Using the website after any amendments have been made shall deem the customers acceptance of such changes.
Should the customer not agree with any of the terms or amendments made the customer should not proceed to utilise this website.