Terms & Conditions
Information about us
1a. These terms and conditions ('the Terms') govern the users ('you' or 'your') use of the website www.barrym.com ('the Website') and your relationship with:
Barry M Cosmetics Limited, a company registered in England and Wales under company number 02520696 and with our registered office and trading address at Unit 1 Bittacy Business Centre, Bittacy Hill, London NW7 1BA. Our VAT number is GB 203143271
('we', 'our', or 'us'). Please read them carefully as they affect your rights and liabilities under law. If you do not agree to these Terms, please do not access nor use the Website. If you have any queries regarding these Terms then please contact us.
By using the Website you agree to be bound by these Terms.
We reserve the right to:
1. Update these Terms from time to time and any changes will be notified to you via a suitable announcement on the Website. It is your responsibility to check for such changes. The changes will apply to the use of the Website after we have given such announcement. If you do not wish to accept the new Terms you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms; and modify or withdraw, temporarily or permanently, this Website and the material contained within (or any part) without notice to you and you confirm that we shall not be liable to you for any modification to or withdrawal of the Website or its contents.
You warrant that:
1. The personal information which you are required to provide when you register is true, accurate, current and complete in all respects; and you are not impersonating any other person or entity
2. The products purchased on this site are for private and domestic use only and are not for re sale. You will notify us immediately of any changes to the personal information by contacting our customer service representatives through your account or calling the below number:
3. Telephone (+44) 0208 349 2992
2. When you shop on this Website, we will ask you to input personal details in order for us to identify you, such as your name, e-mail address, billing address, delivery address, credit card or other payment information. We confirm that this information will be held by us in accordance with the registration we have with the Data Commissioner's office.
5. PROTECTING YOUR SECURITY
1. To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases.
2. We take the risk of internet fraud very seriously. With the volume of fraudulent credit card transactions increasing, we make every effort to ensure all orders are thoroughly checked using the information already supplied. There is a possibility we may contact you to make additional security checks and we ask for your co-operation to enable us to complete them. We will not tolerate fraudulent transactions and such transactions will be reported to the relevant authorities.
3. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
1. The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and its use. You agree not to upload or transmit through the Website:
2. Any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; and any material which is defamatory, offensive or of an obscene character
1. You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information.
8. THIRD PARTY LINKS
1. As a convenience to our customers, the Website may include links to other websites or material which is beyond our control. For your information, we are not responsible for such websites or material nor do we review or endorse them. We will not be liable, whether directly or indirectly, for the privacy practices or content of such websites nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources.
1. All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by e-mail (or by other means if no e-mail address has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order.
2. Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will take place when we (i) debit your credit, debit card or PayPal account or (ii) dispatch the goods to you or commence the services, whichever is the later.
3. We will take all 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 liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from the Website.
4. The products sold on the Website are not for re-sale or distribution. We reserve the right to cancel orders and/or suspend accounts where we believe products are being ordered in breach of this provision.
5. You will assume the risk for the products once they have been delivered to the delivery address which you specified when ordering the products. We accept no liability where you provide an incorrect delivery address or where you fail to collect the products from the delivery address which you specified.
10. CANCELLATION RIGHTS
1. Where you have purchased the goods or services as a consumer (i.e. for private use as opposed to business use), please note that you are entitled to cancel any contract completed with us within 14 days from the day on which you acquire physical possession of the goods.
2. If you wish to cancel a contract pursuant to this clause, then please see our Returns Policy for further details of how.
11. PRICE AND PAYMENT
1. All prices shown are inclusive of VAT (only where applicable - see below) at the current rates and are correct at the time of entering the information onto the system. We reserve the right, however, to change prices at any time without notice to you.
2. If your delivery address is within the United Kingdom, no additional taxes will be charged to you. If your delivery address is outside of the United Kingdom you may be subject to import duties and taxes (including VAT), which are levied once a delivery reaches your destination country. Any such additional charges must be borne by you. You should note that customs policies and practices vary widely from country to country. We recommend that you contact your local customs office for information.
3. Please note that when shipping goods from outside the United Kingdom, cross border shipments may be subject to opening and inspection by customs authorities. In respect of all goods dispatched to you to an address outside of the United Kingdom, you are deemed to be the importer of the goods and must therefore comply with all the laws and regulations of the country into which the goods are being delivered.
4. Payment can be made by any major credit or debit card or via your PayPal or Klarna account. Payment will be debited and cleared from your account before the dispatch of your good or provision of the service to you. If payment is to be made via a credit card a pre-auth value of £0.01 will be held against the card until the card issuer validates the payment.
5. In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order in accordance with clause 9, we are not required to sell the goods to you at the price shown. We always try and ensure that the prices of goods shown on our Website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the goods that you have ordered we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel your order and you have already paid for the goods, then you will receive a full refund.
6. You confirm that the credit, debit card, PayPal or Klarna account that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery.
7. You may only use one discount code with each order. We reserve the right to reject or cancel any orders where you add more than one discount code to the basket.
8. We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value.
9. Please familiarise yourself with these terms and conditions before you place an order as we reserve the right to reject or cancel any orders which do not comply with these terms even if your credit or debit card has been charged. If there is any inconsistency between the terms and conditions upon which the discount codes were issued and these terms and conditions, the discount code terms and conditions prevail. A copy of the discount code terms and conditions can be obtained by contacting our customer service representatives through your account or calling on the below number: Tel: 02083492992
10.In cooperation with KlarnaBank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:
— Pay Later.
— Slice it.
Further information and Klarna's user terms you can find here. General information on Klarna you can find here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.
12. ELIGIBILITY TO PURCHASE
1. To be eligible to purchase goods on this Website and lawfully enter into and form contracts on this Website under English law you must:
2. If an individual, be 18 years of age or over; and register your real name, address, phone number, e-mail address any other details requested.
3. By offering to purchase goods and services you represent to us that you are 18 years of age or over and authorise us to transmit information (included updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
1. You may place an order to purchase a Product advertised for sale on the Site by following the onscreen prompts after clicking on the item you are interested in. You will have an opportunity to check and correct any input errors in your order up until the point at which you submit your order by clicking the "Pay Now" button on the "Check Out" page after entering payment details. No amends can be made by you to your order after this point.
a. After placing an order, you will receive an order confirmation e-mail from us acknowledging that we have received your order and giving you an order number and a summary of your order. Please note that if for some reason your order is not accepted we will contact you via email to communicate the reason and refund the full price of the product(s) bought including delivery fees when eligible.
b. We may choose not to accept your order for any reason and we will not be liable to you or to anyone else in those circumstances.
c. We may be unable to process your order if:
(a) the Product you ordered is out of stock or discontinued; or
(d) there is a problem with authorisation of your method of payment.
13. INTELLECTUAL PROPERTY
1. The content of the Website is protected by copyright, trademarks, database and other intellectual property rights and you acknowledge that the material and content supplied as part of the Website shall remain with us or our licensors.
2. You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
14. LIMITATION OF LIABILITY
1. Notwithstanding any other provision in the Terms, nothing in these Terms:
2. affect or limit your rights as a consumer under English law; or will exclude or limit our liability for death or personal injury resulting from our negligence.
3. The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the Internet.
4. Whilst we will try to ensure that material included on the Website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the material on the Website we will attempt to correct this as soon as we reasonably can.
5. In particular, we disclaim all liabilities in connection with the following:
6. Incompatibility of the Website with any of your equipment, software or telecommunications links; technical problems including errors or interruptions of the Website; unsuitability, unreliability or inaccuracy of the Website; and failure of the Website to meet your requirements.
7. To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Website.
1. If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.
1. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
17. ENTIRE AGREEMENT
1. These Terms form the entire basis of any agreement reached between you and us.
18. LAW AND JURISDICTION
1. These Terms shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts.
1. In order to ensure our customers receive the best level of service we offer a comprehensive returns policy in the unlikely event that you are not 100% satisfied. Please note that the following returns procedure must be followed, and failure to do so may result in us being unable to exchange goods or provide refunds. Also please be aware that we cannot be held responsible and provide refunds/exchanges on stock affected by circumstances beyond our control. This includes damage and neglect after goods are received, goods being stored in climatic conditions such as extremes of temperature that can affect some items.
2. Should you wish to return an item for any reason please notify us within 48 hours of receipt of your order of any part that is unsatisfactory. In order to arrange a return, please contact us and inform our customer service team of your order number, the item you are returning and the reason for the return.
3. We will then reply with a unique returns authorisation number and the address you need to send the item to.
4. You'll need to package the item securely and include: Your order number, the returns authorisation number, whether a replacement or refund is needed, the reason why you are returning the item.
5. Goods returned should be in their original condition and packaging in which they arrived, along with a copy of the invoice or packing slip.
6. Once received items will be checked and refunds on goods and postage arranged where suitable. We cannot issue refunds on simply unwanted goods due the perishable nature of goods on sale. Refunds/exchanges will only be offered on items that are faulty, and were clearly so at the time at which they were dispatched.
1. We reserve the right to amend these Terms from time to time.
2. These rules will be deemed incorporated into each competition except to the extent that any specific instruction in a competition provides otherwise.
3. By entering the competition entrants will be deemed to have read and understood these Terms and be bound by them. All of our decisions will be final and binding and no correspondence will be entered into.
4. Any person who is an employee or an immediate family member of an employee of Barry M or any other person who is directly connected with the organisation of any particular competition is ineligible to participate.
5. Competitions are only open to residents of the UK.
6. All entrants are to be aged 18 or over unless any other age restriction is specified or implied. Entrants should, if under 18, obtain permission in advance from their parent or guardian.
7. All entries must be received by the closing date specified in the competition. Answers will be entered upon submission. No responsibility will be taken for any answers that are misdirected, lost for technical or other reasons or received after the closing date.
8. We reserve the absolute right to disqualify without notice any entries to any competition which we consider have used improper technical means to enter and/or we believe is fraudulent.
9. Entrants are liable for their costs to access computer networks.
10. We will not be liable for or accept any responsibility for: (i) any failure by the winner or any entrant to comply with these terms and conditions; (ii) any disruption, delay or misdirection of entries; or (iii) any server, system or network failures, malfunctioning or inaccessibility.
11. We shall be the promoter of all competitions subject to these terms and conditions unless stated otherwise.
1. If for any reason an advertised prize is unavailable we reserve the right at our absolute discretion to substitute a similar prize of equivalent or greater value.
2. Only one prize will be awarded per household.
3. There will be no cash or other alternative to the prize offered and prizes are not transferable.
1. The winner's name will be selected in a random draw, after the closing date, from all correct answers received.
2. The winner of a prize will be notified within 28 days after the winner has been ascertained.
3. Please allow 28 days for delivery of all prizes.
4. If the winner of the a competition is unable to take up a prize for any reason or if the winner cannot be notified after reasonable efforts having been made then we may dispose of the prize as we think fit without any liability to the winner for having done so.
5. For each competition, only one prize will be awarded per entrant / email address. Names of winners will be available on request.
23. CLAIMING PRIZES
1.Prizes Involving Travel: (a) Travel arrangements are the responsibility of prize winners unless otherwise stated; (b) we reserve the right to require written permission from the parent or guardian of any winner who is under the age of 16 and to require such a winner to choose as a companion someone 18 or over.
2. Competition prizes/tickets may be restricted to certain times of the year and unless otherwise stated all prizes must be taken within six months of the date of the competition draw.
3. Where prizes are to be provided by a third party then the winner will be required to complete all appropriate or applicable booking or other formalities direct with such providers. We will have no responsibility for the acts/defaults of any other persons or companies.
1. If you submit a review, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
2. You grant Barry M the right to use the name that you submit in connection with such content, if they choose.
3. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.
4. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Barry M, including the execution of deeds and documents, at the request of Barry M.
5. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to Barry M:
6. Winners of the review competition will be notified by email. Failure to respond to our notification email within 20 days will result in the prize being forfeit.
25. MULTI-BUY PROMOTIONS
1. All multi-buy promotions will exclude products on sale unless otherwise stated.
2. There will be no limit to how many multi-buy promotions a customer can redeem in one transaction. Customers are free to redeem as many as they qualify for.
3. For UK only promotions, customers who specify a none UK address will be able to see UK only offers on the site even though they will be advised at checkout that they cannot redeem the offers because their delivery address is outside of the UK.
4. When using a discount code alongside a promotion, the discount code will be applied after the promotional.
26. FREE GIFT WITH PURCHASE
1. When we are offering a free gift with purchase with a product, we shall only provide one free gift per transaction (irrespective of how many products are purchased). The free gift is subject to availability and we reserve the right to change the free gift for a gift of equivalent value.
2. In order for us to facilitate the provision of a free gift, it may be necessary for us to include the free gift on our site at a nominal value. For the avoidance of doubt, you are not entitled to ‘purchase’ the free gift without purchasing the product it is provided free with and any attempt to ‘purchase’ the free gift will be cancelled.
3. Once a eligibility for a free gift is met based on a minimum spend, the free gift will automatically appear in the customer’s basket showing a value of £0 or ‘FREE’ along with their other items.
27. WEBSITE IMAGES
1. Colours shown on our website should not be taken as a representation of the true colours or finish of the products. Product images are for illustrative and guidance purposes only and may differ from the actual product shown due to differences in lighting, monitors and browser type.
Barry M Rewards Terms and Conditions – Updated 27/07/2020
The Barry M Rewards programme is operated by Barry M Cosmetics Limited (“Barry M”, “we” or “us”), (the "programme"). Please read these terms and conditions carefully. By joining and participating in the programme, you agree to be bound by the below terms.
1. All members of the programme must be aged 16 years or over.
2. To join the programme, you must have a valid email address. It is your responsibility to keep Barry M updated if your email address changes. We cannot be held responsible for any loss of points or Rewards (as defined below in clause 3) incurred as a result of out-of-date details.
3. Each Member is only entitled to one programme account. Barry M reserves the right to refuse, merge or close additional accounts at any time.
4. Your membership is for personal use only and we may in our sole discretion refuse any applications or terminate a membership and/or cancel or reduce points at any time if we consider your transactions to be excessive and/or are for commercial or non-domestic purposes or subject to onward sale or delivery.
5. The Barry M programme, account, Rewards and points, in whatever form, are issued by and remain the property of Barry M.
1. You may collect points and redeem your Rewards when shopping online at https://www.barrym.com.
2. The points and Rewards have no cash value and may not be exchanged for cash.
3. Programme accounts, points and Rewards cannot be transferred, bought, sold or in any way traded.
4. Barry M Rewards are your responsibility. Barry M cannot be held responsible for any loss arising from the failure of ensuring the safe keeping of these items.
5. You can check your points and Rewards in-store or by logging into your programme account https://barrym.com/pages/rewards
3. Points and Rewards
1. For every £1 spent at Barry M in a transaction using your account, you will earn 5 loyalty points.
2. Points will be credited to your account within 10 days of being accrued.
3. Unless otherwise indicated, points are earned on all purchases except gift cards and delivery charges.
4. Your entire balance of points will expire after 12 months of non-activity in the programme. Non-activity means where, except for points expiry, there has been no transactions or activities involving points on your account, ie. no points being redeemed or earned. Expiry of points is not considered as account activity.
5. Points will expire after 12 months if unspent.
6. Points will be removed from your balance for any transactions with returned or refunded products.
7. Each Reward can only be used once towards the partial or full payment of products. Any remaining value of a partially used Reward will not be refunded.
8. Rewards can be used in conjunction with other promotions, offers or discounts unless otherwise stated.
9. Unless otherwise indicated, Rewards can be used to purchase any Barry M products, except gift cards and delivery charges.
10. Birthday Points – If you have provided your birthdate to us and made a purchase or placed an order online using your Barry M Rewards account in the 12 months prior to your birthdate, you will receive points on your birthday.
4. Termination and Expiry
1. Barry M reserves the right to terminate your participation in the programme: (a) if you have not used your account (to collect points or redeem Rewards) for a period of 12 months; (b) if Barry M believes that the use of your account is unauthorised, fraudulent or otherwise unlawful; (c) for any behaviour relating to the programme or Barry M that involves theft, misconduct, abusive or offensive behaviour, or supplying false or misleading information; or (d) for any breach of these terms and conditions.
2. You can end your participation in the programme at any time by sending an email to Customer Services on firstname.lastname@example.org.
3. Upon termination or expiry of your account, all points and Rewards already accrued or issued will be cancelled.
5. Modification and Termination
1. The programme terms and conditions, member benefits, FAQs, or any other descriptions of the programme are subject to change at any time.
2. Barry M further reserves the right to terminate, discontinue or cancel the programme at any time and in its sole discretion. Any changes, modifications, or termination of any part of the programme or its terms will be effective immediately upon publication of those changes on the Barry M website.
3. Your continued participation in the programme will confirm your acceptance of such changes or modifications; therefore, you should review these terms and conditions and applicable policies frequently to understand the terms and conditions that apply to the programme. If you do not agree to the amended terms, you must stop participating in the programme.
6. Personal Information and Marketing
2. If you have opted-in to receiving marketing from us, we will contact you from time to time to send you marketing communications and keep you up-to-date with our products, promotions and special offers and with general information concerning Barry M. You may unsubscribe from receiving such marketing communications at any time by clicking on the “unsubscribe “ found on any marketing emails from us, logging into your account online or by contacting Customer Services on email@example.com
3. If you have not opted-in to receive marketing from us, we will only contact you with service information in relation to your account.
1. These terms and conditions shall be governed by and construed in accordance with the laws of England, without resort to its conflict of law provisions. Any dispute or claim arising out of or in connection with these terms (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the English courts.