Terms & Conditions

Welcome to Owen Barry.com, below we have listed our terms and conditions of use. We apologise if they appear very formal, but we have tried to write them in simple English and they are hopefully fair to both parties.

If you have any queries relating to our terms and conditions, please contact us at info@owenbarry.com before placing an order.

www.owenbarry.com & www.owenbarrytrade.com are operated by Owen Barry Ltd (“OB”, “we”, “us” & “our”). Owen Barry Ltd. is a limited company registered in England with company number 02580125 & VAT number GB 600 8083 72.  Our registered office is Number 3, The Tanyard, Leigh Road, Street, Somerset, BA16 0HD, United Kingdom. 

These Terms and Conditions apply to OB retail bricks and mortar sites & OB retail websites & OB social media platforms and related businesses based in the UK.

Wholesale T&C’s are displayed within the B2B section of this site, please login via the Trade Portal to access them.

Please note that if we make any policy changes they will be displayed on this website. As legislation & OB Terms and Conditions can change from time to time, we suggest that you check this area periodically in case there are any changes which could affect you and your orders.

By using our website site you have agreed to our terms and conditions. By placing an order (and any subsequent orders) with us, you are agreeing to accept these terms and conditions.

You warrant that all details you provide to www.owenbarry.com for the purpose of ordering and purchasing goods are true and accurate, current and complete in all respects and that the credit or debit card that you are using is your own and that there are sufficient funds in your account to cover payment for products ordered.  You agree that email can be used as a preferred method of long-distance communication.

Acceptance of Terms and Conditions

If you do not agree with our terms and conditions you should not use or access this website or our retail stores.

Accessing Our Site

Access to this site is permitted on a temporary basis, OB reserve the right to withdraw, change or suspend access to the website (and social media) & the service we provide in whole or in part and permanently or temporarily with or without notice.

We will not be liable if for any reason the site is unavailable at any time or for any period.

Age Limitations

If you are under 18 you must let your parent or guardian know about our privacy policy before you register to use any aspect of this site or its services.

Cancellations

You have the right to cancel a stock item before we despatch and receive a full refund of all charges. Please immediately advise us by phone and/or email of your intention to cancel.

Any sum debited by us from your credit or debit card will be re-credited to that same credit/debit account within 14 days of receipt, provided the goods are returned in the same condition that they were delivered to you (clean, odour free with tags and labels attached).

If you are exercising your right to cancel the order (as no longer required) under the Consumer Contracts Regulations you must return the goods to us at your expense.  When you return the goods, you must take reasonable care to ensure that we receive the goods and that the goods are not damaged in transit, therefore the use of the original packaging is recommended.  Please use a recognised courier so that the goods are received within 14 days of the cancellation of the contract.

Please also refer to our returns policy.

Customised Orders Cancellations

The timeline for customised commissions is a lot smaller, so please check out the Customised cancellation policy here.

Card Crime

It is a crime to use a false name or a known invalid credit card to order.  Anyone caught deliberately entering an incorrect or fictitious order will be prosecuted. Owen Barry uses electronic technology to ensure the validity of every order to enable us and all crime prevention authorities to trace any individual users engaging in criminal activities on or using our website.

Owen Barry reserves the right to suspend or terminate access to our site immediately and without notice, if we suspect you have engaged or are about to engage or have been in involved in any possible fraudulent or illegal activity on www.owenbarry.com.

Competitions

From time to time there will be the opportunity to take part in competitions on our website, if you participate, we will request certain personal information from you.  Participation is completely voluntary and therefore you obviously have the choice whether to disclose this information.  The requested info typically includes contact information, your personally identifiable information (email, phone number etc) will be used to contact you for winner notification, prize delivery detail confirmation or other competition-related purposes.

We may post results of the winner (s) on any or all digital or printed mediums, this will be kept to very broad generic terms e.g.“Jane from Bristol”.

All your details are securely covered by our privacy policy.

Competition rules may vary slightly but the general principle is fairness: entries or votes should be made or cast fairly. If in the opinion of the Judges this principle has been flouted, they can declare any entries or votes invalid, void the competition, change the competition instructions, or adjust the entries or the voting to achieve fairness, as they think fit.

The decision of the Judges over every instance shall be final and unchallengeable.

The competition instructions may carry a specific indication, but in the absence of such an indication, only one entry/ vote per entrant (or household, computer or other units as appropriate) will be permitted.

All competitions are open to UK residents aged 18 or over unless any other age restriction is specified or implied. 

Proof of submission or of posting of a form will not constitute proof of delivery and no responsibility will be accepted for lost, corrupted, delayed or mislaid entries.

There will be no cash or other alternatives to the prize offered and prizes are not transferable.

Copyright & Intellectual Property

We are the owner of all the intellectual property rights on this site.  The Owen Barry trademark and all other marks, devices, brand names, business names, illustrations, logos, and designs, whether registered or unregistered are either ours or licenced to us. Those items are protected by copyright laws and treaties around the world. 

All content (including but not limited to logos, text, data, graphics, icons, images, photographs, audio clips, videos) is either owned or licenced to us & is protected by applicable copyright laws around the world. All such rights are reserved.

All other Intellectual property in connection with Owen Barry, (including but not limited to the website, our products, related packaging, stationery, marketing materials, signage) are either ours or licenced to us and such are protected by the applicable laws around the world.

Your use of the website and its contents grants no right to you in relation to any copyright or intellectual property. You are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content of these web pages and their associated digital and social media display for any other purpose whatsoever with the prior written permission of Owen Barry Ltd.

If you breach these terms of use, your right to use our site will cease immediately and you must at our option return or destroy any copies of materials that you have made.

If you wish to use our content or photography to promote Owen Barry products, please ask us for a copy of our Publication Terms & Conditions, subject to approval, full high res files can be provided, ensuring good reproduction.

Any materials or content that you upload to the website or which you send to us via any other medium (including all social media) will be considered non-confidential, non-proprietary; we will have the right to use, copy, distribute and disclose to third parties such material for any purpose.  We also have the right to disclose your identity to any third party who claims that such material infringes their intellectual property rights and their right to privacy.

We will not be responsible or liable to you or any third party for the content or accuracy of any materials posted by you or any other user of the website and you agree to be responsible to us for and indemnify us and keep us indemnified against all costs, damages, expenses, losses and liabilities incurred and/or suffered by us as a result of any claim in the respect of your use of the OB website and OB social media.

We have the right to remove any material, content or images posted by you on the website or social media at our sole discretion.

Delivery & Despatch times and additional costs information 

Please check out our delivery section.

Discounts & Discount Codes

Only one Discount Code can be used per order, some codes may be limited to one use per customer, and for a limited time period, all offers are subject to availability and OB reserves the right to withdraw or change any offer at any time.

Where specific offer terms apply to specific codes these can be found at source e.g. on the offer email or on the web page.

Where a monetary discount is offered i.e. £10 off, a minimum spend, or a specific product will be stated.

A code will be requested and discounted at the point of checkout;

If an item purchased with a discount code is returned for refund or exchange the NETT price paid will be the value recognised for this transaction.

Please remember that if you have a discount code to redeem you will need to do it on the checkout page before you place your order.

Unfortunately, once the order is placed we cannot amend it.

Friends and Family Discounts

Established, regular Owen Barry customers have the benefit of our friends and family discounts, these are offered directly by email, newsletter or promotions.

Friends and family discounts can be used on all products including marked down sale items, however, only one promotional code can be accepted at checkout, in these circumstances you must choose which is the more advantageous deal for you.

Enquiries and Feedback

We welcome all customer communication, if you have any general questions, queries, complaints, compliments or comments about our site, company and/or content please email us at info@owenbarry.com

If you have any questions, queries, complaints, compliments or comments about our online or bricks and mortar retail store please email us at shop@owenbarry.com

As we are a small team, we find the email route much easier to monitor than social media, if possible please.

We will endeavour to get back to you within 48 hours during normal trading – Christmas holidays etc. might slightly delay this process.

Errors & Omissions

Whilst every precaution is taken, we cannot promise that the content of the website is 100% accurate or error-free.  We do not promise that the functional aspects of the website will be error free or that the website, its contents, nor the server that makes it available are free of viruses or other harmful components.  We always recommend that all users of the internet ensure they have up to date virus checking software installed.

Friends and Family Discounts

Established, regular Owen Barry customers have the benefit of our friends and family discounts, these are offered directly by email, newsletter or promotions. 

Friends and Family discounts cannot be used to purchase Gift Vouchers  – however, Friends and Family discounts can be used when spending Gift Vouchers. 

Friends and family discounts are NOT transferable, they are notional and given as a thank you to a specific person as an acknowledgment of their ongoing support.

Force Majeure

OB will not be held liable for any costs or reparations where we are prevented from or delayed in carrying on our business due to circumstances beyond our reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, fire, flood, lockouts or other labour disputes (whether or not relating to our workforce), or restraints or delays affecting our carriers, their inability or delay in transporting products and supplies.

During this time, the date of delivery can be postponed for the period that the circumstances continue. 

Lifetime Guarantee 

Please check out our lifetime guarantee section for more information.

Ordering, Passwords & Registrations

When ordering online for the first time you will be offered the option of a guest purchaser or to register with us and complete certain fields on the order form.

During this registration process, you must choose a password, you are responsible for all actions taken under those login details and must only purchase from www.owenbarry.com under your own details.

You must make every effort to ensure that your password is secure and should not disclose it. If you think that someone might know it, you must change it.

You may not transfer your login details or permit either directly or indirectly anyone to use your login details.

If your login may have been compromised, then it is your responsibility to inform Owen Barry as soon as possible.

When placing an order, you agree that all information given is accurate and complete

All orders are subject to acceptance and product availability.

Returns, Exchanges, Refunds Policy

Owen Barry Website or Shop Purchases

First thing – we are very sorry if you have purchased an Owen Barry product and are not satisfied with it, - we apologise for the inconvenience caused.

Here at Owen Barry, we are committed to offering the very highest quality products that are supported by a Lifetime Guarantee. If you have a product that has developed a fault after the standard returns period, please refer to our lifetime guarantee policy.

Owen Barry will be happy to exchange, or refund items sold from stock by www.owenbarry.com or our retail shop within 45 days from the date of despatch/purchase. Goods sold from the Sale Section have to be returned within 30 days. 

Exceptions: Customised  products – please see Customisation page.

Any returns after this point can be exchanged for goods or a credit note but not refunded.

Please note that we can only process returns that are accompanied by your receipt and that have been bought from our website or from the Owen Barry shop.

Over the Christmas period, we will operate an extended returns policy; goods/gifts purchased after November 16th  can be returned up to 30th January.

Any returned items should be unused and must be returned in original packaging with the enclosed documentation. Once we have received the item in perfect condition we will issue the appropriate refund (i.e. the amount paid, regardless of the price now displayed on the website) to the card on which the item was purchased, if preferred, we will exchange the item or issue store credit.

The item is your responsibility until it reaches us, please send all parcels “Signed for” and retain your proof of postage.

Please send your items to Owen Barry Ltd, No 3 The Tanyard, Leigh Road, Street, Somerset BA16 0HD, UK.

We do not offer a free returns service unless the product is faulty, does not match the online description, or has been sent to you incorrectly. If this situation has occurred, please contact us immediately so that we can help you.

We do not offer free postage and packing on exchanges when the customer has “changed their mind”.

Purchases from an Owen Barry Stockist

If you have purchased your OB product from a shop or another website, please make sure you return your items directly to the relevant retailer. Owen Barry cannot directly refund, or exchange goods sold by a third party.

Prices

Prices are as set out on the website and include VAT at the current rate.

We reserve the right to alter prices at any time. Although we endeavour to ensure that all pricing information on the website is accurate, occasionally an error may occur and goods may be mispriced.

If we discover a pricing error we will, at our discretion, either: contact you and ask you whether you wish to cancel your order or continue with the order at the correct price; or notify you that we have cancelled your order. We will not be obliged to supply goods at the incorrect price.

Privacy and Cookies

Here at Owen Barry, we take your privacy and security seriously. We only use your data, so we can provide you with the best possible customer experience when shopping with us or browsing our website. We make sure all your information is secure and we only use it with your permission.

You don't have to give us any of this information, it's entirely up to you, but if you don't, we won’t be able to process your order thru our website and it is unlikely you will receive our best online customer experience.

We also use personal information which has been anonymised and aggregated (so that it doesn't identify you) for various purposes including testing our IT systems, data analysis, improving the website and to help us develop new products and services.

Sharing your information

Your personal data includes your name, address, email address and credit card information. We want you to be able to trust us, and we believe it is essential for you to do that.

We share your data with the following categories of companies as an essential part of being able to provide our services to you, as set out in this statement:

  • Companies that help us to process your purchases, such as payment processing providers, our external payment provider Sage Pay requires your name and billing address for the credit card used to pay online, these details are sent to them using encrypted SSL technology.  Owen Barry does not have any access to your credit card details on our system 
  • Delivery companies - Owen Barry only used globally recognised providers.
  • Professional service providers such as marketing agencies, advertising partners, and website hosts who help us to run our business
  • Credit reference agencies, law enforcement and fraud prevention agencies, so we can help tackle fraud
  • Companies approved by you, such as social media sites (if you choose to link your accounts to us) and PayPal where you choose to use their payment service

Marketing messages

If you have given us permission, we’ll send you marketing messages by email to keep you aware of what we’re up to and to help you see and find our products. Our communications are designed to tell you about the benefits we can offer so that you have exclusive access to our best deals. We use the information we have about you to tailor the content and try to ensure that the offers are as relevant to you as possible.

How to stop marketing messages from Owen Barry

If you don't want to receive marketing messages from us, you can stop receiving them at any time.

You can do this:

  • Through the settings in 'My Account' on the website
  • By clicking on the ‘unsubscribe’ link in an email
  • By contacting our customer services team 

Once you do this, we will update your profile to ensure that you don’t receive further marketing messages.

If you unsubscribe from marketing message emails you will still receive service communications such as order confirmations, dispatch confirmations etc.

Seeing ads for Owen Barry online and thru social media

From time to time we might engage in online advertising to keep you aware of what we’re up to and to help you see and find our products.

Like many companies, we position Owen Barry Ads for when you are on other websites such as Facebook or Instagram. We do this using a range of advertising technologies like pixels, ad tags, cookies, and mobile identifiers, as well as specific services offered by these social networks, such as Facebook’s Custom Audience service.

The ads you see will be based on information we hold about you, or your previous use of the Owen Barry website (for example, your search history, and the content you read on the Owen Barry website) or on OB ads that you have previously clicked on.

Keeping your information

We’ll hold your information securely for as long as you have your account, or as long as is needed to be able to provide our services to you, or (in the case of any contact you may have with our Customer Care team) for as long as is necessary to provide support-related reporting and trend analysis only.

We may also keep hold of some of your information, even after you have closed your account or it is no longer needed to provide the services to you, if it is required to meet legal, HMRC or regulatory requirements, resolve disputes, prevent fraud and abuse, or enforce our terms and conditions.

Changes to our Privacy Policy

If we make any significant changes to our Privacy Policy, we will make it clear on our website or notify you by email so you are able to review the changes before deciding to continue to use our website.

Your rights

You have many rights relating to the personal information we hold for you.

  • The right to be informed about how we use your personal information
  • The right to access the personal information we hold about you
  • The right to request the correction of any personal information we hold about you which is inaccurate (although you can probably do most of this through your account).
  • The right to request that we delete your data, or stop processing it or collecting it, in some circumstances. Note: It is better to unsubscribe from marketing rather than request deletion to ensure you are not contacted by us again.
  • The right to stop direct marketing messages, which you can do through your account pages and to withdraw consent for other consent-based processing at any time.
  • The right to complain to your data protection regulator — in the UK, the Information Commissioner’s Office

If you want to exercise any of these rights or have any questions, please contact us by email at info@owenbarry.com or telephone 01458 442858.

Or if you prefer, you can write to us at:

Owen Barry Ltd
No 3 The Tanyard,
Leigh Road,
Street
Somerset
BA16 0HD
UK

Product Portrayal

While every effort has been made to portray items accurately, slight variations may occur. All measurements quoted are approximate and the reproduction of colours is as accurate as photographic and publishing processes will allow. Please note there may be variations in colours dependent on the calibration and settings of individual screens.

Third Party information

We cannot be held responsible for OB material displayed on third-party websites, social media or any medium.

If you see any circumstance where you question how Owen Barry is being represented, i.e. the validity of an offer or the credibility of a post, please bring your concerns to our attention, we would sincerely appreciate your feedback.

Use of Website

The website and related platforms (including any applications which allow you to access and to purchase from us on mobile devices) are made available to you in accordance with terms of use and service, please read these terms carefully and contact us if you need clarification.

Waiver & Survival of Conditions

Each aspect of the T&C’s shall be construed as separately applying and surviving even if (for any reason) one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

If we fail at any time to insist upon strict performance of any of your obligations under these Terms and Conditions, or if we fail to exercise any rights or remedies to which we are entitled under them, this shall not constitute as a waiver of such rights and shall not relieve you from compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of subsequent default.

No waiver by us of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated expressly to you in writing.

Wholesale

Wholesale T&C’s are displayed within the B2B section of this site, please login via the Trade Portal to access them.

Your responsibilities if you break these conditions

If you break the conditions of this website and/or our brick and mortar shop(s) you will be responsible for the costs and expenses that we or our officers, directors, employees, agents and suppliers incur as a result of the breach, including reasonable legal fees (if applicable).

You will remain liable if someone else uses your shopping account and/or personal information unless you can prove that such use was fraudulent.