BARRY’S JEWELLERS TERMS AND CONDITIONS OF USE:
Last Updated: June 26, 2020
These Terms and Conditions of Use ("Terms") apply to your access and use of the Barry’s Jewellers website, content, products, and services(the "Services"), operated and owned by Barry’s Jewellers Inc. (“Barry’s Jewellers”). Please read them carefully.
1. Accepting these Terms
If you access or use the Services, it means you agree to be bound by all of the terms below. Please read all of the terms. If you do not agree to all of the terms below, please do not use the Services. Please carefully review the section entitled “Limitation of Liability”, prior to accessing the Services.
2. Changes to these Terms
Barry’s Jewellers may revise these Terms at any time without notice by updating this posting. By use of the Services, you agree to be bound by any such revisions and should therefore periodically review these Terms to determine the current Terms to which you are bound.
Subject to your compliance with the Terms, we grant you a limited, revocable, non-exclusive, non-assignable, and non-sublicensable license to access content, information and related materials that may be available through the Services. You agree that you will not license, distribute, and make derivative works, display, sell, or “frame” any part of the Services. The Services and the rights herein are, and shall remain the property of Barry’s Jewellers. Use of the Services does not convey or grant you any ownership rights other than the limited license granted above. All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on the Services belong to Barry’s Jewellers and/or its partners or applicable third parties.
4. Use of the Services
You are required to register for and maintain an active personal user services account (“Account”) prior to using the Services and participating in online auctions. You must be 18 years of age, or the age of legal majority in your jurisdiction. You may be required to submit certain Personal Data (as defined in Section 9), and when applicable, an acceptable valid payment method. You agree to maintain an accurate, complete and up to date Account. Failure to maintain an accurate, complete, and up to date Account may result in an inability to access or use the Services. You may not provide false information or create an account for anyone other than yourself, impersonate any person or entity, or otherwise mislead as to the origin of content. You agree to maintain the security and secrecy of your Account username and password at all times. You are responsible for all use and activity on your Account. You may not authorize third parties to use your Account. You agree to comply with all applicable laws when using the Services and you may only use the Services for lawful purposes.
5. AUCTION AND SALE TERMS AND CONDITIONS
Barry’s Jewellers Sales: "Buy Now" sales refer to those items that have a fixed sale price and are available for purchase in real time. Single or multiple items can be purchased at any given time. Buyers located in Canada are subject to applicable taxes. Barry’s Jewellers Auctions: Barry’s Jewellers is pleased to offer weekly auctions that have a duration between 7-14 days. New auctions begin each Thursday and each auction lot is available for viewing throughout the course of its given auction period. During this time, a potential bidder is free to ask questions, request additional photographs, and/or forward any inquiries to Barry’s Jewellers staff using the question submission form on the auction page, live chat or emailing our general inbox; email@example.com Auction Lots: Auction lots may feature a selection of collectable antiques and silver pieces Many lots listed are antique and of considerable age which prevents them from being in perfect condition. Many of our lot descriptions will list any defects or damage. This is provided as a guide and any exclusion of this information should not be taken as the item is in perfect condition. The descriptions provided are intended solely for the use of those bidders who do not have the opportunity to view the lots prior to bidding. All photographs are as accurate as can be reproduced with today's technology. While these photographs can show centering, perforations, and margins, they cannot be relied upon for exact reproduction of colour. All lots are sold as genuine.
Bidding Process: Once registered with an account on Barrys.ca, an individual may place a bid on any given auction item(s). We suggest that you bid the maximum amount that you're willing to pay for an item. Our system will place the lowest bid necessary in 5% increments or less to establish your position as highest bidder. Your maximum bid reflects the amount you're willing to pay for an item, but you could end up paying less. Please note that all auction lots are subject to an 20% buyers premium added to the final hammer price. Also note, that Barry’s Jewellers INC. reserves the right to end and/or alter the ending time of any presented auction. Bidding: The placing of a bid constitutes full acceptance of these Terms and Conditions of Sale by the bidder. The highest bidder acknowledged by Barry’s Jewellers shall be the buyer. In the event of any dispute between bidders, Barry’s Jewellers may, at its sole discretion, immediately put the lot up for sale again. Barry’s Jewellers' decision shall be final and binding upon all bidders. Barry’s Jewellers reserves the right to refuse or reject any bid which, in its opinion, is not submitted in good faith, or, as the case dictates, is not supported by satisfactory references, as Barry’s Jewellers in its sole discretion shall determine. Barry’s Jewellers further reserves the right to ban any bidder from participation in its sales for any reason deemed appropriate in its sole discretion. You are responsible for closing your bidding account after each viewing and/or bidding session. Barry’s Jewellers will not be responsible for any unauthorized activity on your account, or any bids made from your failure to end your session properly. Barry’s Jewellers reserves the right to bid on any lot in the sale. After the Hammer: Once an auction ends, you will receive an email stating either you have won the item or you were an unsuccessful bidder. If you were indeed the highest bidder, this email will contain a link leading you to our Barry’s Jewellers checkout system. Here, several shipping and payment options are available. This is a public auction held by Barry’s Jewellers Inc., whose representatives are committed to ensure an honest and successful series of transactions based upon the following criteria.
6. Payment, Shipping and return policy
Sales and Payments: A buyer's premium equal to 20% of the successful bid price of each lot up to will be added to each invoice and is payable by the buyer as part of the total purchase price.
Charges are in Canadian Dollars (CAD) and will be subject to applicable taxes where required by law. You agree that as the successful bidder/winner of any of the auction lots, payment, unless otherwise privately agreed with Barry’s Jewellers, will be made within 14 days of the auction end.
Barry’s Jewellers reserves the right to void a sale if payment is not received within 14 days after the date of the invoice. Payment should be made by one of the following methods; Visa or MasterCard, or Bank draft made out to Barry’s Jewellers Inc., bank transfer is also accepted.
Please see Payment Submission in the Service page for more information. Until payment has been completed, Barry’s Jewellers will retain all items won unless otherwise agreed upon.
Barry’s Jewellers reserves the right to require payment in full before delivery of the merchandise to the buyer. In the event a successful bidder fails to pay the charges due, Barry’s Jewellers reserves the right to resell the merchandise. All charges will be facilitated by Barry’s Jewellers using the preferred payment method entered by you during a checkout, following contact with a Barry’s Jewellers representative, or the payment method in your Barry’s Jewellers account on site.
Shipping: Shipping and handling charges will be added to invoices for lots delivered by mail and are calculated based upon winning bidder locations. All efforts are made to ensure that all goods are properly packed and secured in order to arrive in the same condition as offered and sold. All domestic import duties and associated charges are the responsibility of the purchaser unless otherwise agreed upon prior to the shipment date. All lots will be shipped via either Canada Post or Courier. You agree as the buyer that you accept this risk or if unwilling to accept this risk you will request a method of shipping that provides a tracking number. In the event of a lost item during shipping, the buyer will be responsible for total purchase price. Risk of loss shall be borne by the buyer following shipment of the items and Barry’s Jewellers assumes no liability for merchandise lost, stolen or damaged while in the possession of a party to whom merchandise has been shipped. Insurance must be requested by the buyer at a rate of 2% of the total shipment value.
Return Policy: Barrys.ca provides a "No Questions Asked” Return Policy. All items and lots purchased from Barrys.ca can be returned for a full monetary refund or merchandise credit providing the subsequent criteria are met:
1. Barry’s Jewellers must be notified (email, fax or phone) within 7 days after your order is received.
2. All items must be received at Barry’s Jewellers Burlington, Ontario located in the same condition as at the time of purchase.
3. The cleaning, disassembly, or tampering of the purchased item will thereby void the return policy.
4. The buyer will assume responsibility and risk for return shipping; however we will gladly provide advice to ensure safe and cost effective method. The refund will be processed once the items have been received and reviewed at our office.
7. No Representations or Warranties
Barry’s Jewellers makes no representations or warranties that the Services are free of defects, viruses, or other harmful components. Barry’s Jewellers shall not be responsible for any damages or loss that may result from the hacking or infiltration of the Services. You have the sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Services. In the event of errors in processing and/or site downtime or any other errors or delays caused to the site and/ or Service as a result of unforeseen technological difficulties associated with our servers, data hosting centre, internet service provider or any other reason, Barry’s Jewellers reserves the right to:
(a) decide (prior to or after the original time set for conclusion of the online auction) to extend an online auction for a period of time (determined at Barry’s Jewellers discretion); and/or,
(b) decide (prior to or after the original time set for conclusion of the online auction) to re-open an online auction for a period of time - to be determined at Barry’s Jewellers discretion; and/or,
(c) retract any Winning Bidder’s emails which may have been sent out to bidders prior to or following (as the case may be) the conclusion of an online auction; and/or,
(d) amend at any time prior to or during an online auction, the “start price” allocated to an item for sale online, but only so as to correct any errors due to processing or technological fault; and/or,
(e) void that entire online auction transaction and open the auction again.
You agree to hold Barry’s Jewellers harmless from, and you covenant not to sue Barry’s Jewellers for, any claims based on the use of the Services, including claims for lost data or lost profits resulting from use of the services provided. Barry’s Jewellers disclaims all representations and warranties of any kind, express or implied, or statutory, not expressly set out in these terms, including without limitation implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, Barry’s Jewellers makes no representation, warranties, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the Services, or that the Services will be uninterrupted or error-free. Barry’s Jewellers does not guarantee the quality, suitability, or safety of the information provided to you. You agree to assume the risk arising out of your use of the Services. This risk remains solely with you, to the maximum extent permitted under applicable law.
8. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL BARRY’S JEWELLERS, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PROPERTY DAMAGE, OR ANY OTHER DAMAGE WHATSOEVER IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF BARRY’S JEWELLERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; BARRY’S JEWELLERS’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. BARRY’S JEWELLERS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF YOUR USE OF OR RELINACE ON THE SERVICES OR YOU INABILITY TO ACCESS OR USE THE SERVICES. BARRY’S JEWELLERS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND BARRY’S JEWELLERS’ REASONABLE CONTROL. BARRY’S JEWELLERS TAKES ALL POSSIBLE STEPS TO ENSURE THE QUALITY, AUTHENTICITY, SAFETY AND LEGALITY OF ITEMS ADVERTISED BUT DOES NOT PROVIDE ANY GUARANTEES; BARRY’S JEWELLERS WILL NOT KNOWINGLY SELL ANY ITEM THAT HAS BEEN “REPAIRED”, “RESTORED”, “PROCESSED”, “CLEANED”, “PRESSED”, OR “CONSERVED” IN ANY WAY WITHOUT DISCLOSURE OF SUCH FACTS TO THE POTENTIAL BUYER. IN THE INSTANCE OF A LOT BEING PROVEN TO BE FAKE OR SUSPECTED TO BE A FAKE, A FULL REFUND WILL BE GIVEN. THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You will indemnify and hold harmless Barry’s Jewellers and its subsidiaries, affiliates, licensors, service providers, employees, agents, officers and directors, from and against any and all claims, demands, losses, liabilities, and expenses (including legal fees), arising out of or in any way connected with:
(a) your access to, use of, or alleged use of the Services or the services or goods obtained through your use of the Services;
(b) your breach or violation of any of the Terms, representations, warranties, or agreements referenced in the Terms, or any applicable law of regulation; or
(c) Barry’s Jewellers’ use of your information provided by you in your Account.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter). In such an event, you agree to cooperate with our defense of that claim.
11. Governing Law and Dispute Resolution
You agree that the validity, operation, and performance of the Terms shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein (notwithstanding conflict of the laws rules), and both you and Barry’s Jewellers expressly and irrevocably attorn to the jurisdiction of the courts of Ontario with respect to any matter or claim, suit, action, or proceeding arising under or related to the Terms.
Barry’s Jewellers reserves the right to terminate your access to use of the Services at any time without notice for any reason whatsoever. Barry’s Jewellers will not be liable to you or any third party for any termination of your access to the Services.
13. Questions & Contact Information
We welcome your feedback regarding our Services. If you have any questions or suggestions regarding these Terms, please contact us at:
Telephone: 1 (905) 639 6678
Post Mail: Unit 1, 3325 Harvester Rd, Burlington Ontario, L7N 3N2