TERMS & CONDITIONS
EFFECTIVE DATE: 27 September, 2023
Click Here to review the previous version.
Note: The Terms & Conditions have been updated. Please review the updated document carefully before using the Website. By using the Website, you consent to the terms of the updated Terms & Conditions.
Welcome to Our Internet web-site https://www.barneysfarm.com/ (the "Site"). The Site is copyrighted work owned and operated by Barney's Souvenirs BV (“We," "Us”, “Our” and “Barneys Farm”).
This Site contains text, images, video clips and other materials (collectively, the "Content"), provided by Us for informational purposes only. By accessing the Site or downloading any Content, you agree to be bound by the Terms & Conditions set out below ("Terms & Conditions"). If you do not agree to these Terms & Conditions, do not access the Site or any Content.
Please note that we reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms & Conditions at any time. Please check periodically for changes. Your continued use of the Site following the posting of any changes to these Terms & Conditions will mean you accept those changes.
Barneys Farm has long been committed to maintaining the accuracy, confidentiality, security and privacy of your personal information. We consider your personal information to be information about you as an identifiable individual that is protected by law.
We’d like you to better understand how your personal information is collected, used and disclosed when you access and use our Site:
(a) Transactions and inquiries: You may be asked for personal information, such as your name, address or e-mail address.
(c) Quality assurance: We may capture, replay and analyze details of your Site visits to find site errors or issues and understand the impact that transaction failures have on business processes and to improve the operation of the Site.
RESTRICTIONS ON USE OF MATERIALS
All Content accessible through this Site is protected by copyright. The Content is: (c) Barneys Farm. All rights reserved. Except as provided herein, you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of the Content obtained through the Site, including without limitation, by caching, framing or similar means, without the prior written consent of the respective copyright owner of such Content.
Barneys Farm respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online Site who are repeated infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
• your physical or electronic signature;
• identification of the copyrighted work(s) that you claim to have been infringed;
• identification of the material on our services that you claim is infringing and that you request us to remove;
• sufficient information to permit us to locate such material;
• your address, telephone number, and e-mail address;
• a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
• a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
All the graphics, icons, logo, and other material that is displayed on the website are the sole property of Barneys Farm and its affiliates. Any other kind of service mark is the property of respective owners. We do not grant access to the use of these trademarks to any user.
USE OF THE SITE
In consideration of the availability, and your use, of the Site, you agree to comply with all applicable laws and regulations and these Terms & Conditions when using the Site. You acknowledge that We may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard.
You are prohibited from:
(a) using, enabling, facilitating, or permitting the use of the Site for an illegal purpose, criminal or civil offense, intellectual property infringement, harassment (including disruptive, intimidating, annoying or offensive calls/transmissions), or in a manner that would breach any law, regulation or the policies of any Internet host, or cause interference with Our network operations (including preventing a fair and proportionate use by others);
(b) using or permitting the use of the Site without reading and accepting (or in contravention of) the terms of any separate license agreement;
(c) enabling, facilitating or permitting the transmission of unsolicited messages such as spamming or phishing;
(d) uploading or downloading, making available, transmitting, posting, publishing, disseminating, receiving, retrieving, storing, linking to or otherwise reproducing, offering, distributing, enabling or providing access to information, content, files or other material which: (i) is confidential or protected by copyright or other intellectual property rights without prior authorization of the rights holder(s); (ii) is defamatory, discriminatory, violent, obscene, child pornography or hate propaganda; (iii) constitutes invasion of privacy, impersonation, forging, appropriation of identity or unauthorized linking or framing; or (iv) is designed to assist users in defeating technological protection measures (like geoblocks, registration and any other anti-theft mechanisms);
(e) using the Site for anything other than private, personal, family or household use (such as reselling, remarketing, transferring, sharing or receiving any charge or other benefit for the use of any of Our product);
(f) using harassing or abusive language or actions, whether verbal, written or otherwise, directed at Our employees, suppliers, agents and representatives.
You are solely responsible for ensuring that your systems are able to use the Site and IT IS RECOMMENDED THAT YOU USE AND UPDATE COMMERCIAL ANTI-VIRUS, ANTI-SPYWARE AND FIREWALL SOFTWARE ON YOUR SYSTEMS THAT ACCESS THE SITE.
Once your order has been placed and completed online you will be sent an automated email confirmation of your order. This email is generated by the website and does not mean that we can definitely meet your order. It simply confirms that your order and all relevant details were received and are progressing through our system.
No amount will be withdrawn from the card until Products have been shipped.
In the EU you have the right to return these purchases within 14 days for a full refund. You can do so for any reason – even if you simply changed your mind.
You have 2-year free of charge guarantee (legal guarantee): Under EU rules you always have the right to a minimum 2-year guarantee at no cost. This 2-year guarantee is your minimum right. National rules in your country may give you extra protection: however, any deviation from EU rules must always be in the consumer's best interest. For further info see http://europa.eu/youreurope/citizens/consumers/shopping/guarantees-returns/index_en.html.
Before the customer places the order and checks out they must agree to the Terms.
Every order is treated as individual and will be processed as such.
Any defective, damaged or incorrect orders shipped will be replaced or refunded according to Our Terms and conditions ONLY if we are notified within 7 days of receiving your order.
All products and services are subject to availability. Barneys Farm endeavors to keep accurate stock levels however in the event of an item being out of stock it will be deleted from your order or replaced with a similar product. If the item purchased is still required and a similar replacement cannot be found we will retain the order until such time that the item ordered comes back into stock.
Barneys Farm are not able to control, or take responsibility for the actions of Customs and Excise. All packaging is discrete and no indication of contents is displayed, however if the items you have ordered are not in line with the laws in your area, you run the risk of customs interfering with your package. We are unable to help you in this situation. Barneys Farm does not send seeds to countries where hemp seeds are prohibited. Barneys Farm only mails to countries where it is legal to import hemp seeds. Our advice is that you inform yourself about the particular situation in your country. If you wish to order seeds you accept the full responsibility for different regulations pertaining to individual countries. We cannot return any payment for seed orders, made from countries where hemp seeds are prohibited.
PRICING & PAYMENT
All prices seen on the Barneys Farm website are final and include sales taxes unless otherwise stated. Any pricing errors will result in your order being suspended until Barneys Farm has contacted you via the methods provided.
All payments are taken in EUROS - €
Customers are responsible for Import Duty/Tax in their respective countries where applicable. For more details on this please contact your local customs authority.
All orders must be paid for in full before any goods will be shipped. All products are subject to availability and remain the property of Barneys Farm until paid for in full.
All credit/debit card details are encrypted using a secure ordering system. Your bank or Credit Card Company may require security checks to validate your purchase.
Barneys Farm may on occasion require credit checks for orders of a substantial nature or where insufficient details have been provided. This may result in your order being delayed until the checks can be completed.
Please note that all returns for damaged/faulty goods must be confirmed by Barneys Farm by phone, fax, post or e-mail.
All returns are the responsibility of the customer until they reach Barneys Farm.
Your postage cost for returning the product will not be refunded.
RESPONSIBILITY FOR MINORS
In cases where you have authorized a minor to use the Site, you recognize that you are fully responsible for: (a) the online conduct of such minor; (b) controlling the minor’s access to and use of the Site; and (c) the consequences of any misuse by the minor. You acknowledge that some of the areas of the Site may contain material that is inappropriate for minors.
SUBMISSION OF IDEAS AND/OR SUGGESTIONS
Barneys Farm is always improving its website and products and services and developing new features. If you have ideas and/or suggestions regarding improvements or additions, we would like to hear them – but any submission will be subject to these Terms & Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA AND/OR SUGGESTION OR RELATED MATERIAL TO BARNEYSFARM BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION OR ATTRIBUTION TO YOU. BY SUBMITTING THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL TO BARNEYSFARM, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND ARE REPRESENTING AND WARRANTING TO BARNEYSFARM THAT THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND THAT BARNEYSFARM IS FREE TO IMPLEMENT THE IDEA AND/OR SUGGESTION AND TO USE THE RELATED MATERIAL IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY BARNEYSFARM, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT WE MAKE NO WARRANTIES, REPRESENTATIONS OR CONDITIONS (AS USED IN THIS SECTION, “WARRANTIES”) OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND THAT ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, AND (B) WE SPECIFICALLY MAKE NO WARRANTIES THAT OUR SITE, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OBTAINED FROM OR THROUGH THE USE OF THE SITE, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH PRODUCT OR SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. NOTHING IN THE CONTENT SHALL AMEND OR SUPPLEMENT ANY CONTRACT YOU MAY HAVE WITH US FOR ANY PRODUCTS.
CONTENT LINKED TO A SITE
Please exercise discretion while browsing the Internet. Please note that certain links on the Site may take you to other websites. We provide these links only as a convenience and not as an endorsement by Us. These linked sites are not necessarily under Our control. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. We are not responsible for the content of any such linked sites or any other web page which is not part of the Site and under Our control. Unless otherwise expressly provided, We make no representation or warranty regarding, and does not endorse, any linked site or the information, products or services appearing thereon. Accordingly, you agree that We will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from the Site.
Please note that viruses and similar destructive programs are an inherent risk of communication via the Internet.
We will use our reasonable endeavors to prevent contamination of any material sent to you with any virus or similar destructive code.
We do not, to the maximum extent permitted by law, accept any liability for any virus or similar destructive code which computer equipment and/or software used by you may suffer as a result of your accessing our website and/or any other communication via the Internet between you and ourselves.
It is your responsibility to scan what you choose to download from our website to ensure that it is free of such items as viruses, worms, trojan horses, logic bombs and other similar destructive code.
You must not introduce any viruses, worms, trojan horses, logic bombs or other similar destructive code to our website, attempt to gain unauthorised access to our website, the server on which it is stored or any server, computer or database connected to our website, nor attack our website using a denial of service attack. To the extent that you do any of these things, we may report such activities and disclose personal data relating to you to any relevant law enforcement agency.
INDEMNIFICATION AND LIMITATION OF LIABILITY
You agree to defend, indemnify and hold harmless each of Barneys Farm, its affiliates and licensors and each of their respective officers, directors, employees and agents, including all third parties mentioned on the Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms & Conditions; (b) your access to or use of the Site or Content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from the Site. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL BARNEYSFARM, INCLUDING ITS AFFILIATES AND LICENSORS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER BARNEYSFARM HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF THE SITE, (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR USER CONTENT, OR (C) ANY OTHER MATTER RELATING TO THE SITE. You expressly acknowledge that Barneys Farm has entered into these Terms & Conditions, and has and will make the Site and Content available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and Barneys Farm. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this agreement.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
GOVERNING LAW, VENUE AND JURISDICTION
These Terms and all claims as between You and Us arising from or related to your use of the Site and Products will be governed by and construed in accordance with Dutch laws.
With respect to any disputes or claims not subject to arbitration (as set forth below), you agree to jurisdiction of the city court in Amsterdam Netherlands. Notwithstanding any other provision of these Terms, we may seek injunctive or other equitable relief from any court of competent jurisdiction.
Regardless of any statute or law, you must file any claim or action related to use of the Site or these Terms within one month after such claim or action accrued. Otherwise, you will waive the claim or action.
ARBITRATION AND ACTIONS
If you have any dispute with or claim against Barneys Farm or if we have a dispute with or claim against you, in either case arising out of or relating to the Content or these Terms (a “Claim”), and the Claim is not resolved by contacting us via email, you and we each agree to take the necessary actions to resolve disputes, disagreements or claims that may arise during joint implementation of the Terms by negotiation, and in case of non-settlement, the dispute shall be submitted to the respective city court in Amsterdam Netherlands in accordance with the current legislation of Netherlands.
You acknowledge and agree that the Barneys Farm, in its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of, or access to, the Site, for any reason, including where We believe that you have violated any of these Terms & Conditions. You further agree that the Barneys Farm shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices of the Barneys Farm in operating the Site, your sole and exclusive remedy is to discontinue using the Site.