These terms and conditions (Conditions) set out the basis on which you can visit and use our website, and place orders with us. Please read them carefully as they contain important information. By placing your order with us you accept our Conditions. These Conditions apply to the contract between us and you (Contract), which consists of the order placed and these Conditions, to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
Barriers Direct is a trading name of J9 Limited a company registered in England and Wales (Company registration number 03452292). The registered office for J9 Limited is 18, New Horizon Business Centre, Barrows Road, Harlow CM19 5FN. Our VAT number is 700 3464 81. J9 Limited owns and operates this website, and when ordering via our website you are entering into a contract with J9 Limited.
If you want to ask us anything about these Conditions, or have any comments or complaints on or about this website please contact us at 18 New Horizon Business Centre, Barrows Road, Harlow CM19 5FN or by e-mail on email@example.com.
In these Conditions references to “we”, “us” and “our” shall be references to J9 Limited and references to “you” and the “customer”, is a reference to the party placing the order with us. In these Conditions, where we refer to a consumer we are referring to an entity which is not a limited company or other registered entity, including a partnership.
We may change these Conditions from time to time without notice to you and any changes will apply to subsequent orders received.
1. Product Description & Pricing
1.1 We take every care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at time of publishing, and all products have been fairly described. However, please note the following:
1.1.1 Colour and appearance on the website will vary according to the resolution and the screen type of your computer. Therefore, we cannot guarantee that the appearance or colours of the products shown on the site exactly reproduce the appearance or colours of the products themselves.
1.1.2 The weights, dimensions and capacities given are approximate only; please note photographs may be representative of the available product options.
1.1.3 Where products are to be placed in a coastal location, customers should be aware they may need to ask about upgrading to marine quality finish, as all products are offered in standard quality.
1.1.4 Packaging may vary from that shown.
1.1.5 A price list, product description or other document may contain slight mistakes or omit some details, as usually referred to as E&OE (Errors and Omissions Excepted).
2.1 Forms of Payment Accepted
We will charge your credit card account immediately upon receipt of your order. We accept Visa Credit, Master Card, Visa Debit Maestro JCB and payment via cheque. By providing us with credit or debit card details to pay for an order, you are confirming that the card you are using is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer.
Pro formas may be paid for over the phone by credit or debit card – 0800 0288010 or by BACS transfer (please see your pro forma invoice or quote for details) upon submitting your order.
For the avoidance of doubt, unless credit terms are agreed (as set out below), payment will be required before the dispatch of your order.
2.2 How To Buy
2.2.1 We accept payment as set out below:
Live on our secure on-line service, or ring us on 0800 0288010. You can pay using any of the methods as set out on the website.
BACS: Transfer from your bank
Press the BACS button on the payments page during checkout (or ask the Sales Team over the phone on 0800 0288010) and simply follow the instructions, then arrange a BACS transfer, quoting the reference number (please ensure you include the VAT), straight from your account. Our bank details are given in full on your quotation or Pro forma Invoice.
Simply place an order as normal and press the PayPal button on the payments page during checkout, follow the instructions and pay through your own PayPal account.
By Credit Account
Credit Accounts can only be opened at our discretion and are subject to satisfactory references, which will only be available to non-consumers. We reserve the right to limit the amount of credit allowed for a Credit Account and to suspend credit facilities without explanation. We may obtain, retain, and provide to third parties references as regards your financial standing. Any change in the constitution of your organisation must be notified to our accounts department in writing prior to it occurring, in order that credit facilities to the reconstituted organisation may be put in place, subject always to our discretion and our confirmation in writing. Until new credit facilities are agreed, the existing entity and any new entity shall be jointly and severally liable for any debt due to us. In the event of such a change in the constitution of your organisation, we reserve the right to amend the terms applied to the Credit Account and the ability to revoke the Credit Account from the new entity, if deemed necessary in the circumstances. Credit Accounts are granted on the condition that payment is received 30 days from date of invoice. Should your account not be paid in accordance with the agreed terms, we reserve the right to suspend your credit facilities with us and revoke your Credit Account if necessary.
We will supply you with a Credit Account code that will be unique to your Credit Account and should always be used when ordering from us. It may be changed at your request and a new version emailed to the email address associated with the Credit Account. You may share the code with others within your business who need to make a purchase with us, at your discretion. Responsibility for use and distribution of this code rests with you. We cannot be held responsible for misuse or unauthorised orders using the code.
By Instant Credit Account for NHS, Local Authorities and Schools
Barriers Direct will grant 30 day instant credit to any NHS facility, government controlled school or local authority.
These instant Credit Accounts are granted on the condition that payment is received 30 days from the invoice date. Should your account not be paid in accordance with the agreed terms, we reserve the right to suspend your credit facilities with us and revoke your Credit Account if necessary.
Any bona fide NHS organisation, government controlled school or local authority can take advantage of an Instant Credit Account. There is no minimum order value to open an account. To take advantage of this Instant Credit Account simply press the “Instant Credit Local authorities and Schools” button on the payments page during checkout and follow the instructions, the system will verify the order. It’s as simple as that!
Send a cheque payable to “J9 Ltd T/as Barriers Direct” to:
Barriers Direct, Accounts,
18 New Horizon Business Centre,
Barrows Road, Harlow,
Essex, CM19 5FN
2.2.2 IBAN. For those of you wishing to pay from outside of the United Kingdom, please refer to the details included on the invoice.
2.3 Price & Payment
2.3.1 The price of any products will be as quoted on our website from time to time, except in cases of obvious error.
2.3.2 These prices include VAT and standard delivery to an address in the UK. Please see our Full Delivery Information for further details.
2.3.3 Please note that if a spare part or accessory is ordered separately from a main product, it will incur a delivery charge. Each subsequent order forming an instalment will constitute a separate Contract with us. To order spare parts or accessories this way, you must contact us at firstname.lastname@example.org or call 0800 0288010.
2.3.4 Time for payment is of the essence; if you fail to make payment by the due date we reserve the right to terminate our Contract with you.
2.3.5 Subject to clause 2.3.4, if you fail to make a payment due to us under the Contract by the due date, then you shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this Clause 2.3.5 will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
2.3.6 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an invoice/email confirmation and quotations remain valid for 30 days only. If the rate of VAT changes between the date of the order and the date of delivery, we will adjust the VAT you pay unless you have already paid for the products in full before the change in VAT takes effect.
2.3.7 Our website contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures. Where a product's correct price is less than our stated price; we will charge the lower amount when dispatching the product to you. Where a product’s correct price is more than our stated price, we will either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection.
3. Accepting Your Order
3.1 We carry out checks and authorisation procedures on cards when you buy products from us. We reserve the right to reject any order placed with us, depending on the results of the checks and procedures that we carry out.
3.2 After placing an order, we will acknowledge your order and accept it via email. You will then receive an invoice from us. This will be sent only to the e-mail address(es) you have supplied to us. Alternatively, we will reject your order. If we accept your order, a contract will be formed between you and us. Products will be dispatched separately to invoice. Please keep all paperwork that we send you in case of query. We keep electronic copies of all orders made.
3.3 The Contract will relate only to those products the dispatch of which we have confirmed in the order acknowledgment and invoice.
3.4 We have the right to cancel your order (and, therefore, the Contract) if the particular item requested is not in stock via our suppliers or not available in the quantity requested. If we reject your order for such reasons, but have taken payment from you, we will refund the payment taken as soon as possible of our notice of rejection.
4. Consumer Rights
4.1 If you are contracting as a consumer, you may cancel a Contract at any time within 14 calendar days, beginning on the day after you received the product(s). In this case, you will receive a full refund of the price paid for the product(s) in accordance with our refunds policy (set out in clause 7).
4.2 To cancel a Contract, you must inform us in writing (which includes via email). You must also return the product(s) to us immediately and in any event within 14 calendar days of cancelling the Contract, in the same condition in which you received it/them, and at your own cost and risk. You have a legal obligation to take reasonable care of the products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation. Please see our Refunds and returns policy for further details.
5. Availability & Delivery
5.1 Please note, when the phrase ‘in stock’ is listed next to products on our website, this is an approximate indication only, since stock levels are dependent upon the level of stock retained by our suppliers. In the event that a particular item is unavailable, we will inform you promptly, we may offer to deliver part of the order (if available), offer an alternative item, provide the opportunity to wait until the item returns to stock or provide a refund if payment has already been taken and you do not wish to accept an alternative option.
5.2 Delivery times are approximate and are given as a guide, due to the fact that the supply of products by our own suppliers and the actions of third party courier companies will affect delivery times. We will try to fulfil your order within these guide times, but please note that larger or bespoke orders (which may need to be manufactured, especially from scratch) can significantly increase the lead times. Lead times can also be further increased by increasing quantities and by each additional manufacturing process, such as galvanising, powder coating etc. Lead times can also be increased if stock levels are depleted by an unusual number of orders for a given product. We will reasonably endeavour to update you with any revision to the estimated lead times. Time is also not of the essence with regard to these delivery dates.
5.3 If you choose to delay the delivery of the products, we reserve the right to charge a storage fee based on commercial rates.
5.4 Please also refer to our Delivery information page, that forms part of these Conditions. This also contains some important information with regard to delivery drivers and the Covid - 19 virus.
5.5 We will at our option replace free of charge any products missing from a delivery of items provided you tell us by contacting us at the email address provided at the start of these Conditions, the items are missing within 48 hours of delivery.
5.6 If an extended period for delivery has not been stipulated by us in the order confirmation and you have not received the ordered products within five working days of receipt of an email confirming dispatch of the specified products (Confirmation), you must inform us in writing by no later than 5pm on the sixth working day after the day of receipt of the Confirmation (Longstop Date).
5.7 In the event that we receive notification that a proof of delivery has been signed by a third party, a photograph of the products in their delivery location has been taken or the GPS co-ordinates have been recorded (by the courier company) after the Longstop Date, but it is alleged that no products have been received we shall not be liable to refund or replace the ordered products unless expressly agreed by us in writing.
5.8 We shall have no liability to you for any delay in delivery of the products except for as set out here in this clause 5
6. Risk & Title
6.1 The products will be at your risk from the time of delivery. For the avoidance of doubt, when the products are delivered at the delivery location, the risk passes to you and you will be responsible for arranging any onward transportation (if necessary).
6.2 Ownership of the products will pass to you after delivery of the products, when we have received full payment of all sums due in respect of the products, including delivery charges where applicable.
7. Returns and Refunds
This is to be read in conjunction with our Returns and Refunds Policy. Please note that any products sent to the registered office address will be returned to sender. We will inform you where returns should be sent to when you contact us to arrange the return.
A Returns Form can be downloaded here. This is to be used with reference to our Returns and Refunds Policy.
7.1 When you return a product to us:
7.1.1 because you have cancelled the Contract between us within the 14 calendar day cooling-off period, if contracting as a consumer (see clause 4.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
7.1.2 for any other reason (for instance, because you have notified us in accordance with paragraph 19 that you do not agree to any change in these Conditions or in any of our policies, or because you claim that the product is defective), we will examine the returned product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail after the product has been received back and inspected that you were entitled to a refund for the product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
7.2 We will always refund any money received from you using the same method originally used by you to pay for your purchase, unless expressly agreed in writing.
7.3 Save in cases where you are dealing as a consumer, refunds will not include any delivery charges incurred when your order was first sent to you or when you returned it. If we arrange collection, then the costs of collection will be treated as your costs of return and will be deducted from the price you first paid when calculating the refund you are due. If we organise collection on your behalf we will also charge a £5 (excluding VAT) administration fee.
7.4 A manufacturing fee of 100% of the contract value will be charged in the event a made to order, built to order or customised product has been chosen, for example a non-standard colour has been chosen, save in case of where products are defective. Please note products made to customers’ specific requirements cannot be returned. This manufacturing fee will also apply to orders which have had a bulk discount applied if additional product has been manufactured specifically to fulfil the order. Please note this section applies whether you are contracting as a business or a consumer and the 14 day cooling off period does not apply to consumer purchases of made to order or customised products.
7.5 Where you are dealing as a business, we reserve the right to charge a restocking fee of 25% of the contract value if you cancel the products, after they have been dispatched. This represents a genuine pre-estimate of loss, calculated by reference to the costs our suppliers charge us to process the returned item(s). In such cases if you order alternative products to a similar value or more or at management discretion at the same time as cancellation, we will waive the restocking fee.
7.6 Please note if you wish to cancel and the products haven't already been dispatched there will only be a £15 (excluding VAT) administration fee payable. If you are cancelling to re-order a different product this may not apply. However, if you have ordered a made to order, built to order or customised product, and if the item has started its manufacture or customisation you will be charged a manufacturing fee of up to 100% of the contract value, because we will incur charges from our own manufacturers in relation to products which are made to order. This manufacturing fee will also apply to orders which have had a bulk discount applied if additional product has been manufactured specifically to fulfil the order.
7.7 For consumers the restocking fee and administration fee will not apply and your statutory rights are not affected. Consumers will be required to pay the manufacturing fee, in relation to made to order, built to order or customised products and in relation to orders which have had a bulk discount applied if additional product has been manufactured specifically to fulfil the order. Products are manufactured all over the UK, it is important to return them to the correct address(es). Please contact the sales team on 0800 0288010 for the correct address(es).
8. Warranties and Manufacturers' Guarantees
Manufacturers' guarantees may apply in addition to our cancellation and returns policy. Please contact us and we will liaise with the manufacturers on your behalf. This does not apply to products taken abroad, although we may provide reasonable assistance.
8.1 For products which do not have a manufacturer's guarantee, we provide a warranty that on delivery and for a period of 12 months from delivery the products will:
8.1.1 conform in all material respects with their description and any applicable specification agreed with us in writing;
8.1.2 be free from material defects in design, material and workmanship;
8.1.3 be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
8.1.4 be fit for any purpose held out by us.
8.2 Subject to clause 8.3, if:
8.2.1 you give notice in writing to us during the warranty period and within a reasonable time of discovery that some or all of the products do not comply with the warranty set out in clause 8.1;
8.2.2 we are given a reasonable opportunity of examining such products; and
8.2.3 you (if asked to do so by us) return such products to us in accordance with clause 7 above,
we shall, at our option, repair or replace the defective products, or refund the price of the defective products in full.
8.3 We shall not be liable for the products' failure to comply with the warranty set out in clause 8.1 if:
8.3.1 you make any further use of such products after giving notice in accordance with clause 8.2;
8.3.2 the defect arises because you failed to follow any oral or written instructions as to the storage, commissioning, installation, use and maintenance of the products or (if there are none) good trade practice regarding the same;
8.3.3 the defect arises as a result of us following any drawing, design or specification supplied by you;
8.3.4 you alter or repair such products without our express written consent;
8.3.5 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
8.3.6 the products differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
8.4 Except as provided in this clause 8, we shall have no liability to you in respect of the products' failure to comply with the warranty set out in clause 8.1.
8.5 For non-consumers, the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
8.6 Clauses 8.1 – 8.5 shall apply to any repaired or replacement products supplied by us.
8.7 If you are a consumer, this warranty is in addition to, and does not affect, your legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
9. Copyright, Trademarks & Right to Use
9.1 All rights, including copyright and database rights, in this website and its content, are owned by or licensed to us. Any use of this website, its contents, or underlying source code and software – including copying or storing it or them in whole or part - other than for your own personal, non-commercial use is prohibited without the permission ofus. You may not modify, distribute or re-post anything on this website for any purpose.
9.2 We reserve the right to use for our own purposes any material submitted to the website, including text and images, either on the website or in any other form, including for publicity purposes. We reserve the right to monitor submissions to the site and to edit or reject any submissions.
10. Our Liability
10.1 Our liability for losses you suffer as a result of us breaching this agreement, is limited to the purchase price of the product(s) you purchased.
10.2 Subject to clause 10.3, we wholly exclude the following types of loss:
10.2.1 consequential and/or indirect losses;
10.2.2 loss of income or revenue;
10.2.3 loss of business;
10.2.4 loss of profits or contracts;
10.2.5 loss of anticipated savings;
10.2.6 loss of data;
10.2.7 delays in installation; or
10.2.8 waste of management, staff, contractor or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise;
10.3 Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
10.3.1 death or personal injury caused by negligence;
10.3.2 fraud or fraudulent misrepresentation;
10.3.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
10.3.4 defective products under the Consumer Protection Act 1987.
We make every effort to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it won't cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website and screen out anything that may damage it. We shall not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
We have placed links on this website to other websites we think you may want to visit. We do not vet these websites and do not have any control over their contents. We cannot accept any liability in respect of the use of these websites.
Unless otherwise specified, the materials on the website are directed solely at those who access this website from the UK. We make no representation that any products or services referred to in the materials on this website are appropriate for use, or available, in other locations. Those who choose to access this website from other locations are responsible for compliance with local law if and to the extent local laws are applicable.
11. Other Legal Notices
There may be legal notices on other areas of this website which relate to your use of this website, all of which will, together with these Conditions govern your use of this website.
12. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to J9 Limited at 18 New Horizon Business Centre, Barrows Road, Harlow, CM19 5FN. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. If we receive notification that an email has not been delivered, we will attempt to contact you to resolve the issue, if we have alternative contact details.
14. Transfer of Rights & Obligations
14.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
14.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
15 . Events Outside Our Control
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
15.2.1 Strikes, lock-outs or other industrial action.
15.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
15.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster including but not limited to a pandemic.
15.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15.2.5 Impossibility of the use of public or private telecommunications networks.
15.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
15.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
16.1 Even if we delay in enforcing this Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of you breaching this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
16.2 A waiver by us of any default does not mean we will automatically waive any subsequent defaults.
16.3 No waiver by us of any of these Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12 above.
If any of these Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18. Entire Agreement
18.1 These Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter (which for the avoidance of doubt is the purchase of products and not the installation of the products which is addressed under a separate agreement which can be located via the following link https://www.barriersdirect.co.uk/info/installation_terms_and_conditions) of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
18.2 You acknowledge that, in entering into a Contract, you have not relied on any representation, undertaking or promise given by us or implied from anything said or written in negotiations between us prior to such Contract, except as expressly stated in these Conditions.
18.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Conditions.
18.4 Nothing in this clause limits or excludes liability for fraud.
19. Our Right To Vary These Terms & Conditions
19.1 We have the right to revise and amend these Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
19.2 You will be subject to the policies and Conditions in force at the time that you order products from us, unless any change to those policies or these Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Conditions before we send you the invoice/email confirmation (in which case we have the right to assume that you have accepted the change to the Conditions, unless you notify us to the contrary within seven working days of receipt by you of the products).
20. Law & Jurisdiction
Contracts for the purchase of products through our website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.