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    WELCOME TO BARBOUR’S ONLINE TERMS AND CONDITIONS OF SUPPLY

    1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. 

    THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS. 

    BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

    YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH BARBOUR INC. (“BARBOUR”), OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS OR GOODS BY APPLICABLE LAW.

    These terms and conditions (these "Terms") apply to the purchase and sale of products through www.barbour.com/us (the "Site"). These Terms are subject to change by Barbour (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product that is available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

    These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products through this Site.

    1. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Barbour and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by calling our Customer Service Team at 1800-338-3474 ext. 2283 or 603-249-2283.

    2. Prices and Payment Terms.

      • All prices posted on this Site are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors. If the pricing error is obvious and unmistakable and could reasonably have been recognized by you as mispricing, we do not have to provide the products to you at the incorrect (lower) price.

      • Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. You can only pay for your products by using a debit card, credit card or PayPal. The cards we accept are shown at the time of ordering. You represent and warrant that (i) the payment information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) charges incurred by you will be honored by the payment method you select, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. Payment for the products and all delivery charges is required in advance.

    3. Shipments; Delivery; Title and Risk of Loss.

      • We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.

      • Title and risk of loss pass to you upon our transfer of the products to the first attempted delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. The products will be your responsibility from the completion of delivery being attempted. You will own the products when we have received payment in full for the products, including any delivery charges.

      • We are not liable for any delays in shipments. If we’re unable to meet the estimated delivery date due to any act or event beyond our reasonable control such as (but not limited to) natural disasters, floods, earthquakes, epidemic, pandemic, IT failures or attacks, strikes, late deliveries by couriers or other delivery organizations, civil commotion, terrorist attacks or threats of such terrorist attacks, impossibility or delays resulting from using railways, shipping, aircraft, motor transport or other means of transport, then we will inform you of a revised estimated delivery date. You will have the right to cancel your order and to be refunded if you are not happy with the revised estimated delivery date.

    4. Returns and Refunds. Except for any products designated on the Site as non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 28 days of delivery and provided such products are returned in their original condition.

    We may extend our refunds policy at certain times. Please see the Return Process section below and the ‘Returns' information on our website for our returns policy at the time you order.  The return conditions detailed below must be met for a full refund. All returns are free via the tracking service and returns label provided.

    Refunds are processed within approximately five business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.

    1. Return Conditions. Whilst you are deciding whether to keep your purchases, you have a legal duty to take reasonable care of the items.

    Unless they are faulty, all products must be returned in a re-saleable condition. This means the product and its packaging, labels and tags are undamaged and unused. We will not accept worn, damaged, altered or used goods. We reserve the right to reduce the amount of monies refunded (up to the value of the contract price) where the value of the goods are diminished from your handling of the goods which goes beyond what is necessary to establish the nature, characteristics and functioning of the goods. We shall evaluate the condition of the product by considering if your handling goes beyond that which might reasonably be allowed in a shop and the general wear of the product.

    We will not accept the return of any made-to-measure or customer-made products.

    If we have to contact you or give you notice in writing, we will do so by email or by post to the address you provide to us when ordering the products.

    1. Return Process.

      • How to Return an Item. If you wish to return an item purchased from Barbour.com please request an RMA number by logging into your account and send your item/s back to us using the free post label provided.

    Please note that orders placed on the Site cannot be returned to retail stores at this time. We do not offer exchanges.

    Products customized under the MyBarbour program cannot be returned under our Returns policy unless they are faulty or not as described. Please see the MyBarbour Terms & Conditions for full details.

    • Requesting an RMA. Once you have requested an RMA number you will receive an email which includes an RMA number.

    Place the item back into its original packaging (both box and outer plastic bag, if you no longer have the outer plastic bag please use an alternative). Please remember to write the RMA number on the returns label provided.

    • Faulty or Incorrect Items Received. If the item you received is faulty or if you have received an incorrect item to which you ordered, please use the same returns method as described above. Please mark the return reason as faulty for faulty items and not as described for items that were not correct as per your order. Your statutory rights are not affected.
    1. Exchanges. Unfortunately we’re unable to offer exchanges. Please return the item for a full refund and place a new order.

    2. LIMITED WARRANTY.

    THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. 

    WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS PURCHASED FROM THE SITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP. 

    WE DO NOT PROVIDE ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

    OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR OR REPLACEMENT AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.

    • Who May Use This Warranty?

    This limited warranty extends only to the original purchaser of products from the Site. It does not extend to any subsequent or other owner or transferee of the product.

    • What Does This Warranty Cover?

    This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in products purchased from the Site.

    • What Does This Warranty Not Cover?

    This limited warranty does not cover any damages due to:

    • fair wear and tear;
    • willful damage, abnormal storage, accident or negligence by you or by any third party;
    • if you fail to use the product in accordance with its instructions;
    • any alteration or repair by you or by a third party who is not one of our authorized repairers;
    • any specification provided by you;
    • counterfeit goods purporting to be Barbour’s products;
    • transportation;
    • storage;
    • improper use;
    • failure to follow the product instructions or to perform any preventive maintenance;
    • modifications;
    • combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by Barbour; or
    • external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
    • What is the Period of Coverage?

    This limited warranty starts on the date of delivery and lasts for twelve (12) months (the "Warranty Period"). The Warranty Period is not extended if we repair or replace a warranted product. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.

    • What Are Your Remedies Under This Warranty?

    With respect to any defective products during the Warranty Period, we will, in our sole discretion repair or replace such products (or the defective part) free of charge. We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective products.

    • How Do You Obtain Warranty Service?

    To obtain warranty service, you must provide your receipt or other evidence of your purchase with Barbour. No warranty service will be provided without a receipt of proof of purchase with Barbour.

    Please see the Return Process section above and the ‘Returns' information on our website for our returns policy at the time you order.

    • Limitation of Liability

    THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.

    SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

    • What can you do in case of a dispute with us?

    The dispute resolution procedure detailed in Section 12 is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.

    1. Goods Not for Resale. You agree to comply with all applicable laws and regulations of the various states and of the United States. You represent and warrant that you are buying products from the Site for your own personal or household use only, and not for resale.

    2. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Washington.

    3. Dispute Resolution and Binding Arbitration.
      • YOU AND BARBOUR ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

    ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

    • The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 12. (The AAA Rules are available at http://www.adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

    The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

    If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

    1. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

    2. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Barbour.

    3. No Third Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

    4.  Notices

      • To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

      • To Us. To give us notice under these Terms, you must contact us as follows: by personal delivery, overnight courier or registered or certified mail to Barbour at Barbour Inc, 55 Meadowbrook Drive, Milford, New Hampshire, 03055 United States. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

    5. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

    6. Entire Agreement. Our order confirmation, these Terms, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.