Terms and Conditions
Last Updated: April 21, 2021
Terms of Sale
PLEASE READ THESE TERMS OF SALE CAREFULLY AS THEY MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS SITE.
These Terms of Sale shall apply to all sales made by Barron Designs LLC (“Barron Designs”, “we”, “us” or “our”) whether through our websites such as https://www.barrondesigns.com (each, a “Site” and collectively, the “Sites”), purchase order, phone order, facsimile or otherwise. You agree to these Terms of Sale by placing your order. No other term or condition set forth in any solicitation, purchase order, confirmation or other instrument submitted by you shall become part of these Terms of Sale or otherwise become binding on Barron Designs. Any such other terms or conditions are deemed automatically rejected by Barron Designs without need of any further or additional notice of rejection. In the event of any conflict between these Terms of Sale and any order document submitted by you, these Terms of Sale shall govern and control.
We may periodically add to, modify or otherwise update these Terms of Sale at our sole discretion. It is your responsibility to review these Terms of Sale for any additions, modifications or updates each time that you make a purchase and you are bound by such additions, modifications and updates. Your use of the Sites and/or purchase of product following any additions, modifications or updates to these Terms of Sale constitutes your acceptance of the new Terms of Sale.
ORDERS. By adding desired products to your cart and submitting all required information during the checkout process, or placing an order by purchase order, signed quote, phone or fax, you have placed an order with us and are bound by such order, subject to the availability of the products ordered. We will confirm receipt of your online order by sending you an email. Payment information and credit card authorization must be included with your order.
PAYMENT. All orders must be paid in full and the purchase price as well as estimated shipping costs shall become due at the time you place your order. Your credit card will be charged in full at time of placing order over the internet, fax or by phone. Orders will not be scheduled for production until payment is received. Balances due once shipping charges are finalized must be paid in full prior to the order being shipped. We reserve the right to cancel any order at any time at our sole discretion. While we make every attempt to ensure that the products displayed on the Sites are available for purchase, there may be times when we no longer have a product you have ordered available. In such event, we will refund to you the applicable purchase price.
PRODUCT DESCRIPTIONS; PRICING. In describing and pricing the products available we attempt to be as accurate as possible. However, we do not warrant the accuracy or completeness of any information or other content available on the Sites including but not limited to prices, product images, specifications and availability. If a product offered by us is not as described, your sole remedy is to return it in unused condition. We cannot confirm the price of an item you order via the Sites until you have placed your order and we reserve the right to revise prices at any time prior to you placing an order. Despite our best efforts to ensure prices stated on this website and in other sales and marketing material (including but limited to brochures, catalogs and other digital and printed material) are accurate, errors do occur from time to time. Where a pricing error occurs, we reserve the right to change or update information to correct errors, inaccuracies, or omissions at any time without prior notice. If an item’s correct price is higher than our stated price, we will, at our sole discretion, either contact you for instructions before scheduling your order for production or cancel your order and notify you of such cancellation.
COLOR VARIATIONS. It is highly recommended that you order all of the panels, faux or real wood beams for your project at the same time. In most cases at least a 10% waste factor should be factored in. The colors of our items may vary slightly from order to order. These variances are considered normal and are within industry standards. If orders are placed at different times, we cannot guarantee the color will match since each product is handcrafted and finished specific for each order. In the case of real wood, there will be inherent variations in the grain, grain pattern and color based the tree it is harvested from. You may want to purchase additional product at time of ordering to minimize potential future color matching issues.
TAXES. Product prices do not include, and you are responsible for paying all applicable sales, use, excise, value-added and other taxes related to your purchase. We may add such taxes and duties to the amount due on any order. Any request for exemption from any tax or duty shall be accompanied by evidence of eligibility for such exemption.
NO REFUNDS RETURNS OR CANCELLATIONS. All of our products are made to order and there are no refunds, credits, returns or cancellations unless with our prior written authorization.
SHIPPING. Product prices do not include, and you are responsible for paying all shipping costs. In many cases, the shipping cost will be estimated when you check out your order. If the shipping cost cannot be calculated at the time you place your order, we will notify you of the shipping costs, which must be paid prior to your order shipping. Orders are shipped via common carrier freight, dedicated truck load carrier or UPS Ground (or similar) at our discretion. Delivery of all products is EXW (Incoterms 2010) our facility with risk of loss and title passing to you upon shipment. We reserve the right to charge you for any detention and/or off-loading charges incurred at the destination. There will be no penalties for late deliveries. All international orders will have customs clearance charges and are subject to local tariffs. These charges are to be paid by you prior to shipping. Small flat shipping fee will be applied to all sample orders within lower 48 states. If you are ordering a sample in HI, AK or outside of the USA, an additional shipping fees and tariffs will apply. Shipping fees will be applied to all Builder's Kits. Once your order is completed, packaged and ready to ship, you may be subject to storage fees for products held at our facilities. Storage fees will be charged per day equal to 1% of the total order.
Delivery Timing. If you require products delivered by a certain date, please call our Customer Experience Team to verify production lead times. Production lead times will be confirmed by us at the time your order is paid in full. All listed shipping times are estimates. Transit times for domestic shipments are estimated to be 2-7 business days from the date the order ships from our factory. Specific delivery dates and/or time frames cannot be guaranteed for any product or order. Please check the carrier’s website for the estimated delivery date. We are not responsible for lost, misplaced, delayed shipments or freight damaged by the freight carriers.
Unloading Product. Business freight deliveries or freight deliveries that are dock to dock, require the receiving party to remove the product from the truck via a loading dock or with a forklift. For residential (or non-dock, curb side) deliveries the freight company is required to move the material to the tailgate of the truck. The receiving party is required to unload the shipment from the truck. The truck driver will not unload the shipment. You must provide any equipment required to unload the shipment such as forklift and or pallet jacks.
Lift Gate Delivery. Lift gate delivery service is available at an additional cost. If a lift-gate is required, it must be noted in the “Special Requirements” section of your order. Lift gates can only be used on material that is 80” or under. Lift gate delivery DOES NOT include any inside-of-home or garage delivery or moving the freight pallet away from the tail of the truck.
Limited Access Issues. All deliveries will be made on trucks with trailers 53’ +/-. It is your responsibility to notify us if your delivery location has potential limited access issues, such as the truck not being able to reach your location. Product deliverability is at the discretion of the freight carrier and may be affected by limited access issues at the delivery location. If a shorter trailer or truck is required, it must be noted in the “Special Requirements” and may incur additional charges. If the freight carrier determines that it cannot deliver the material to the delivery (shipping) address, it is your responsibility to pick up the material at the freight carrier terminal, unless other arrangements can be made, which may be at additional cost.
Storage Fees If the carrier used to ship your order is currently in possession of your products, you will be subject to their rules concerning storage of items not delivered. If the carrier calls to arrange a delivery and delivery is postponed you, you may accrue charges for storage. For more information, please read and review ABF's Rules and Special Service Charges (ABF 111- AC), United Parcel Service Terms and Conditions Service Guide, or the website of the carrier used to deliver your order.
Additional Accessorial Charges. Any and all additional charges not previously paid, or provided at the time of order, such as change of address, limited access, re-delivery and storage fees will be your sole responsibility unless stated in the order as part of the shipping costs pre-paid at the time of order. If you misrepresent the delivery address as a business address and it is in fact a home business in a residential area, all residential charges made by the trucking/delivery company will be your responsibility and will be charged to your credit card or reflected in your invoice. Any address correction done by FedEx, UPS or any other carrier due to misrepresentation on order form will reflect in a back charge and will be invoiced.
Receiving Your Shipment
- Please inspect your shipment immediately, carefully and thoroughly BEFORE signing for the delivery.
- You, or a legal adult 18 years of age or older, whom you have authorized to inspect the shipment in your absence, must sign for, or reject the shipment.
- If for ANY reason you are unable to fully inspect your shipment, you must write on the delivery receipt "SUBJECT TO INSPECTION."
- In the unlikely event that your shipment is damaged, read and follow the directions in If Your Shipment Is Damaged carefully and fully.
If Your Shipment Is Damaged. It is your responsibility to fully inspect the product at the time of delivery for any potential damage. We are not responsible for damaged products due to shipping. We recommend removing any protective wrapping to fully inspect the product before the driver leaves. In addition, please verify the quantities before signing the Delivery Receipt. Once the Delivery Receipt is signed with no exceptions noted, the trucking company has no further responsibilities. If your shipment arrives damaged, you must reject the shipment, or the part that is damaged and have the driver note the damage on the delivery receipt. Then contact us at 800-651-4223. If you find damage to your shipment, but choose to accept it anyway, you must have the driver note on the delivery receipt that the shipment is damaged and the driver must also sign the receipt. Then you must file a claim directly with the shipping company for the damaged portion of your order. (Damage to your shipment is the responsibility of the shipping company. Barron Designs cannot file a claim for your damaged shipment – only the receiver can.) Please photograph the damaged product on the truck as that will assist you when filing a product damage during shipment claim with the shipping company. Please keep any and all damaged product as well as all packing material for the trucking company's inspector to see. Call or email Barron Designs with the invoice number, details related to the damage that occurred and photos of the damaged product.
Hidden Damage Upon delivery of your shipment, you have 24 hours in which to notify the shipping company of any hidden damage. If you do not notify them within this time frame, any future claim for said products will be null and void. If any items are required to repair the damaged product, those items will have to be paid by the customer. We strongly recommend that you examine your order in full upon time of delivery and notify us immediately before accepting delivery if you find damage. Photos should be taken of any damaged product.
EXAMINATION. You shall have three (3) days following arrival to examine each shipment and before any part of the product has been changed from its original condition to notify us in writing of any deficiencies with respect to the applicable order, including, but not limited to any discrepancies in the quantity (overages and shortages) or quality of the product. If you do not timely notify us of a deficiency as required herein the subject product shall be deemed accepted. Also, we will recognize no claims for any cause after the product has been treated, processed or changed in any manner. Refused product, for reasons other than damaged items, without receiving an RMA number (Returned Product Authorization) from us, will not be accepted and will be returned to you at your expense.
All our products are made to order and cannot be returned without our written authorization. We carefully inspect each order before packaging, prior to shipping. Any return or exchange request must be made within 15 days from the day of receipt of the product.
- You cannot return any products that have been cut or altered in any way.
- If you are returning product because it was damaged in shipment, please read the If Your Shipment Is Damaged section above.
If you need to return product:
- Contact us to request a return authorization, which we may grant of deny at our discretion. Once issued, the RMA (Return Material Authorization) is valid for 30 days from the date the RMA was issued. That means that the product must be received back at our facility on or before the 30th day after issuance, otherwise the RMA will be considered expired and the return will not be accepted.
- Product returned without an RMA will be refused and no credits will be issued. You will be liable for any fees and shipping charges incurred when the shipment is sent back to you.
- All product must be returned in its original packaging with proper protection. If the original packaging is not available, you will need to have it professionally packaged using skids and crates if necessary.
- Clearly mark the RMA on the outside of the box and include a copy of your RMA inside of the packaging.
- It is your responsibility to contact a carrier to make arrangements to return the product to us. Return freight must be pre-paid and include shipping insurance. If the product is being returned due to an error on our part, we will make the arrangements to pick up the material and cover the costs of the return shipment.
- Once shipped, you must provide us with the name of the carrier & tracking number.
- Product must be returned to the address that we provide to you when the RMA is approved.
- All returned product must be received in resaleable condition.
- Once the product is received, it will be inspected. Upon confirmation of resalable condition, a credit will be issued less a restocking fee of up to 25%. If the product was returned due to an error on our part, a credit will be issued in full.
Our products are covered by a limited warranty which you can review at Warranty.
DISCLAIMERS. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, WE MAKE NO WARRANTIES OR REPRESENTATIONS, AND WE EXPRESSLY DISCLAIM ANY AND ALL OTHER WARRANTIES OF ANY KIND OR NATURE, INCLUDING WITHOUT LIMITATION ANY: (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTY OF TITLE; AND (D) ALL OTHER WARRANTIES WHETHER IMPLIED, STATUTORY, ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
REMEDIES and LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING SET FORTH HEREIN TO THE CONTRARY, AND SUBJECT TO APPLICABLE LAW, WITH RESPECT TO ANY CLAIM OR DAMAGE ARISING OUT OF OR RELATED TO ANY PRODUCT OR SERVICES (INCLUDING ADVICE) PROVIDED OR TO BE PROVIDED UNDER AND/OR RELATED TO THESE TERMS OF SALE (WHETHER SUCH CLAIM OR DAMAGE IS BASED ON CONTRACT, TORT, STATUTE/LAW OR OTHERWISE) INCLUDING WHETHER THE PRODUCTS OR SERVICES ARE NON-CONFORMING OR DEFECTIVE OR THERE IS BREACH OF THESE TERMS OF SALE INCLUDING ANY DELAY IN PERFORMANCE OR NON-PERFORMANCE RESPECTING THESE TERMS OF SALE OR ANY PORTION THEREOF, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO CLAIM OR DAMAGE AND OUR MAXIMUM MONETARY LIABILITY SHALL BE, AT OUR OPTION, EITHER: (I) THE REPAIR OR REPLACEMENT OF THE PRODUCT IN QUESTION; OR (II) A CREDIT OR REFUND OF THE PURCHASE PRICE ASSOCIATED WITH SUCH PRODUCT; WE SHALL IN NO EVENT BE LIABLE FOR LOSS OF PROFIT, BUSINESS CONTRACTS OR REVENUE, DOWNTIME, SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PENAL DAMAGES WHETHER FOR CONFORMING, NON-CONFIRMING PRODUCTS OR SERVICES OR ANYTHING RESPECTING THESE TERMS OF SALE. OUR LIABILITY FOR FAILURE OF ANY PRODUCT TO MEET OUR WRITTEN PERFORMANCE SPECIFICATIONS, IF ANY, SHALL BE LIMITED TO ACCEPTING THE RETURN OF PRODUCT IF MADE WITHIN THE WARRANTY PERIOD AND TO REPAY OR CREDIT THE PURCHASE PRICE. YOU ARE RESPONSIBLE FOR THE COSTS OF TRANSPORTING DEFECTIVE AND REPLACEMENT PRODUCTS.
CUSTOMER RESPONSIBILITY. Barron Designs, its agents, affiliates, suppliers or employees shall be held harmless from any and all claims as a result of injury, damage or wrongful installation to an ultimate user or other person caused by the product sold hereunder, whether the injury or damage results from the assembly, installation, operation, shipment, storage or manufacture of this product. Please consult local building codes prior to installing the products.
PRODUCTS AROUND FIREPLACES. Although our products are incredibly realistic, they are not real brick, stone or rock. They are molded out of high-density polyurethane. Polyurethane products have similar burning characteristics to real wood and should be considered combustible, unless fire-rated polyurethane is specifically ordered. Most of our products can be used around a fireplace opening/insert, and/or stove, provided you follow the fireplace insert/stove manufacturer's specifications for required clearances. When using our products around an open hearth where there will be a live flame (i.e., wood, coal, etc.), you must use some type of a stone or non-flammable border. Based on the National Fire Protection Association (NFPA) codes, a minimum 6” non-flammable border is required for all combustible materials with a thickness of 1 ½”. If a product is selected with a thickness over 1 ½”, an additional 1” of non-flammable border must be added for every 1/8” of additional product thickness. Some building codes may require a clearance greater than 6”. Please check with your local Fire Marshall for your particular application to insure you meet the code that applies to you. Our products are not intended to be used on the hearth. The hearth must be constructed using a non-combustible surface such as marble or stone per local and national building codes. Our products are not suitable for the inside of your fireplace/firebox. Other than this, our standard high-density polyurethane products can be installed using the fireplace/stove manufacturer recommended clearance for combustible decorative building materials. You must adhere to any, and all, national and local building and/or fire codes.
DESIGN TEAM SERVICE FEE. Consultation by our Design Team in the creation of detailed design plans, layouts and trusses may incur a nominal fee for the time and services required. The consultation fee will be credited towards your first order of $2,500 or more (excluding samples) when placed. Since there are several variations of Truss Designs, we can create for the same space, we ask for detailed information about the space, architectural drawings and amount budgeted for your project to ensure that your custom design is the look you desire and within your budgetary means. If we can’t meet the goals for your design and budget as specified after reviewing your information, our Design Team will discuss other possible Truss Design options that might be possible to accommodate your requirements.
FORCE MAJEURE. No liability shall result from any cause (including without limitation Acts of God, force majeure, labor trouble, inclement weather, shortage of or inability to obtain materials, equipment or transportation or significant increase in their price and/or orders of courts) beyond the reasonable control of the party affected. If our supply of products to be sold is limited by any such cause, we shall have the right to reduce or cancel in its entirety our commitment under this agreement.
GOVERNING LAW AND VENUE. Any and all disputes between Barron Designs and the customer/user shall be governed by the laws of the State of North Carolina without giving effect to its conflicts of laws principles and any and all legal actions arising from any such disputes shall be exclusively venued and heard in the State or Federal Courts sitting in Mecklenburg County, North Carolina. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this agreement.
QUESTIONS. If at any time you need further explanation or clarification on any of these Terms & Conditions or have any other questions concerning Barron Designs, please call us at 800-651-4223, Mon – Fri 9am-5pm EST.