Barnes and its affiliates provide their services to you subject to the following conditions. If you visit or shop at Barnes, you accept these conditions. Please read them carefully.
When you visit Barnes or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy a legal requirement that such communications be in writing.
All content included on this website, such as but not limited to, text, graphics, logos, button icons, images, audio and video clips, digital downloads, data compilations, and software, is the property of Barnes Products Pty Ltd (Barnes) or its content suppliers and protected by international copyright laws. The compilation of all content on this website is the exclusive property of Barnes and protected by international copyright laws. All software used on this website is the property of Barnes or its software suppliers and is protected by international copyright laws.
- LICENSE AND WEBSITE ACCESS
Barnes grants you a limited license to access and make personal use of this website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Barnes Products Pty Ltd. This license does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Barnes. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Barnes and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Barnes name or trademarks without the express written consent of Barnes. Any unauthorised use terminates the permission or license granted by Barnes. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Barnes so long as the link does not portray Barnes, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Barnes logo or other proprietary graphic or trademark as part of the link without express written permission.
- YOUR ACCOUNT
If you use this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Barnes does sell products for children, but it sells them to adults, who can purchase using available purchase methods. If you are under 18, you may use Barnes only with involvement of a parent or guardian. Barnes and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
- REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. Barnes reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Barnes and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Barnes and its affiliates and sublicensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Barnes or its affiliates for all claims resulting from content you supply. Barnes has the right but not the obligation to monitor and edit or remove any activity or content. Barnes takes no responsibility and assumes no liability for any content posted by you or any third party.
- COPYRIGHT COMPLAINTS
Barnes and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, email us with your complaint.
- RISK OF LOSS
All items purchased from Barnes are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
- PRODUCT DESCRIPTIONS
Barnes and its affiliates attempt to be as accurate as possible. However, Barnes does not warrant that product descriptions or other content of this website is accurate, complete, reliable, current, or error-free. If a product offered by Barnes itself is not as described, your sole remedy is to return it in unused condition. We have made every effort to display as accurately as possible the colours of our products that appear on the site. However, as the actual colours you see depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate.
- DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
This website is provided by Barnes on an “as is” and “as available” basis. Barnes makes no representations or warranties of any kind, express or implied, as to the operation of this website or the information, content, materials, or products included on this website. You expressly agree that your use of this website is at your sole risk. To the full extent permissible by applicable law, Barnes disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Barnes does not warrant that this website, its servers, or e-mail sent from Barnes are free of viruses or other harmful components. Barnes will not be liable for any damages of any kind arising from the use of this website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
The information contained herewith is for information purposes only and should only be used as a guide. We advise the reading and strict adherence of manufacturer’s instructions with regard to all products. The user assumes full responsibility for the selection, use and performance and for verifying the results obtained there from. In no event will Barnes Products Pty Ltd, distributors, subsidiaries, affiliates, related companies, agents, employees, officers, or directors, be liable to any party for any direct, indirect, special or consequential damages arising from or connected with the use of or misuse of product. This data presented is in accordance with the present state of our knowledge and does not absolve the user from carefully checking all supplies immediately on receipt. We reserve the right to alter product constants within the scope of technical progress or new developments. Any recommendations made, verbally or written, should be checked by preliminary trials because of conditions during processing over which we have no control, especially where other companies raw materials are also being used. Recommendations for use do not constitute a warranty, either expressed or implied, of the fitness or suitability of the product for a particular purpose.
No warranty is expressed or implied by the accuracy of results to be obtained from the use of this material. Each user should conduct their own tests to determine the suitability of the materials for the particular purpose. The user assumes full responsibility for the selection, use and performance and for verifying the results obtained there from. In no event will Barnes Products Pty Ltd, distributors, subsidiaries, affiliates, related companies, agents, employees, officers, or directors, be liable to any party for any direct, indirect, special or consequential damages arising from or connected with the use of product.
- APPLICABLE LAW
By visiting Barnes, you agree that the laws of Australia, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Barnes or its affiliates.
Any dispute relating in any way to your visit to Barnes or to products you purchase through Barnes shall be submitted to confidential arbitration in Australia, except that, to the extent you have in any manner violated or threatened to violate Barnes intellectual property rights, Barnes may seek injunctive or other appropriate relief in any court in Australia, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of an independent arbitrator. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
- WEBSITE POLICIES MODIFICATION AND SEVERABILITY
Please review our other policies, posted on this website. These policies also govern your visit to Barnes. We reserve the right to make changes to our website, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
- CANCELLATION OF ORDERS
If you wish to cancel your order, please contact us as early as possible. If an order is yet to be invoiced than it can generally be stopped prior to leaving our warehouse. However, if the status of the item has been invoiced, packed or shipped this becomes more difficult to stop. We will advise you of the status of your order during our correspondence. Please note that you will incur the return costs if your order does fall in one of the above statuses and cannot be stopped. All Online Orders will need to be returned to our Head Office, which is located at 5 Greenhills Avenue, Moorebank, NSW 2170.
Barnes Products will take all measures to fulfil your order. If the items you ordered are not available in our warehouse, we will attempt to order from the supplier. If we cancel the item from your order, as the supplier was out of stock, item is out of print or for any other reason based on not being able to supply the title/s we will inform you via email. We will REFUND you for the item on your order using the payment method that initial payment was taken.
- ACCEPTANCE OR REJECTION OF AN ORDER
16.1. When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgment and will not constitute acceptance of your order.
16.2. Each order placed for Products through the website that we accept constitute a separate legally binding agreement between you and us for the supply of those Products. For each order accepted by us, we will:
- (a) provide you with an email confirmation of that order as soon as practicable after you have placed your order and made payment; and
- (b) supply the Products in that order to you in accordance with these Terms.
16.3. Any automated confirmation of a successful order placement and/or receipt and/or our processing of a payment for an order through the website does not constitute acceptance of an order by us. If we decline your order after a payment for the order has been processed and or received, we will contact you with the details and refund the payment in full.
Whilst we try and ensure that all details, descriptions and prices which appear on this website are accurate, errors (including processing errors) may occur. If we discover an error in the price or payment of any Products which you have ordered, we will inform you of this as soon as possible and in this instance, we reserve the right to reject your order. We have made every effort to display as accurately as possible the colours of our products that appear on the site. However, as the actual colours you see depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate.
Despite our best efforts, on occasion it may be possible that a small number of the products in our range may be incorrectly priced on the website. If we have made a mistake and a product’s correct price is higher than the price on the website, we may either contact you before shipping to request whether you want to buy the product at the correct price or cancel your order. If a product’s correct price is lower than the stated price on the website, we will charge the lower amount and send you the product, or where the higher incorrect price has been charged, we will refund the price difference and send you the product.
Images on our website are for illustration only. Actual products may appear different to the products shown. We endeavour to have accurate images at all times.
Terms and Conditions updated 23 March 2022