Terms and conditions

Please read all these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 07426 396 658.

Application

1. These Terms and Conditions will apply to the purchase of the service by you (the Customer or you). We are St James Bark whose registered premises is 183 Chadderton Drive, Newcastle upon Tyne, NE5 1HR with email address stjamesbark@outlook.com; telephone number 07426 396 658; (the Supplier or us or we).

2. These are the terms on which we sell all services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the services from the Website if you are eligible to enter into a contract and are at least 18 years old.

Interpretation

1. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;

2. Contract means the legally-binding agreement between you and us for the supply of the services;

3. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;

4. Services means the services advertised on the Website that we supply to you of the number and description as set out in the Order;

5. Service means the Customer’s booking for the services from the Supplier as submitted following the step by step process set out on the Website;

6. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;

7. Website means our website https://www.stjamesbark.co.uk/ on which the services are advertised.

Services

1. The description of the services is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only.

2. In the case of any services tailored to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

3. All services which appear on the Website are subject to availability.

4. We can make changes to the services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Personal information

1. We retain and use all information strictly under the Privacy Policy.

2. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

Basis of Sale

1. The description of the services in our website does not constitute a contractual offer to sell the service. When a booking has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.

2. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the booking. It is your responsibility to check that you have used the booking process correctly.

3. A Contract will be formed for the sale of services booked only when you receive an email from us confirming the service (Confirmation). You must ensure that the Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the service placed by you. By placing a booking you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Confirmation). You will receive the Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any service supplied under the Contract.

4. Any quotation is valid for a maximum period of 1 day from its date, unless we expressly withdraw it at an earlier time.

5. No variation of the Contract, whether about description of the service, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

6. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.

Price and Payment

1. The price of the service and any additional delivery or other charges is that set out on the Website at the date of the booking or such other price as we may agree in writing.

2. Prices and charges include VAT at the rate applicable at the time of booking.

3. You must pay by submitting your credit or debit card details with your booking and we will take payment immediately.

Withdrawal and cancellation

1. Once a booking is made, payment is required in advance, and is non-refundable. 

2. In extenuating circumstances, and at our discretion, if a book to be rescheduled, we may do this without further charge.

Circumstances beyond the control of either party

1. In the event of any failure by a party because of something beyond its reasonable control:

   1. the party will advise the other party as soon as reasonably practicable; and

   2. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel, below.

Privacy

1. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

2. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy (https://www.stjamesbark.co.uk/privacy-policy/) and cookies policy (https://www.stjamesbark.co.uk/privacy-policy/).

3. For the purposes of these Terms and Conditions:

   1. ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.

   2. ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.

   3. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.

4. We are a Data Controller of the Personal Data we Process in providing Goods to you.

5. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:

   1. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;

   2. we will only Process Personal Data for the purposes identified;

   3. we will respect your rights in relation to your Personal Data; and

   4. we will implement technical and organisational measures to ensure your Personal Data is secure.

6. For any enquiries or complaints regarding data privacy, you can contact our Data Protection Officer at the following e-mail address: hello@gosforthbark.co.uk.

Excluding liability

1. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.

Governing law, jurisdiction and complaints

1. The Contract (including any non-contractual matters) is governed by the law of England and Wales.

2. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.

3. We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 14 days.