Barbourn Terms of Use

These Terms of Use (“Terms”) govern your access to and use of Barbourn’s website (the “Site”), including all content, features, and services available on or through the Site (e.g., browsing products, creating an account, subscribing to newsletters). By accessing or using the Site, you agree to be bound by these Terms, as well as our Privacy Policy and other posted policies (e.g., Terms of Purchase, Refund Policy). If you do not agree to these Terms, you may not access or use the Site.

1. Eligibility to Use the Site

To use the Site, you must be at least 18 years old (or the age of majority in your jurisdiction, whichever is older) and have the legal capacity to enter into binding agreements. If you are using the Site on behalf of a business, organization, or other entity, you warrant that you have the authority to bind that entity to these Terms. We reserve the right to restrict access to the Site for users who do not meet these eligibility requirements.

2. Account Creation & Management

2.1 Account Setup

You may choose to create a user account on the Site to streamline purchases, track orders, and save preferences. When creating an account, you must provide accurate, complete, and up-to-date information (e.g., name, email address, password). You are responsible for maintaining the confidentiality of your account credentials (username and password) and for all activities conducted under your account.

2.2 Account Responsibilities

You agree to:

  • Notify us immediately at [email protected] if you suspect unauthorized access to your account or a breach of security.
  • Update your account information promptly if it changes (e.g., new email address, shipping address).
  • Not share your account credentials with third parties or allow others to use your account.

We are not liable for any loss or damage resulting from your failure to comply with these account responsibilities. We reserve the right to suspend or terminate your account if we suspect unauthorized use, fraud, or violation of these Terms.

3. Permitted Uses of the Site

You may use the Site only for lawful, personal, and non-commercial purposes, including:

  • Browsing product listings (men’s and women’s cotton jackets) and accessing product information.
  • Creating an account to manage orders, save preferences, and receive updates.
  • Subscribing to newsletters or promotional communications (if you opt in).
  • Placing orders for products in accordance with our Terms of Purchase.

All uses of the Site must comply with applicable laws, regulations, and these Terms.

4. Prohibited Uses of the Site

You may not use the Site for any unlawful, fraudulent, or harmful purpose, including but not limited to:

  • Accessing or attempting to access restricted areas of the Site (e.g., administrative portals) without authorization.
  • Using automated tools (e.g., bots, scrapers, crawlers) to collect, copy, or extract content from the Site (unless expressly permitted in writing by Barbourn).
  • Uploading, posting, or transmitting any content that is illegal, defamatory, harassing, offensive, or infringes on the rights of others (e.g., copyright, trademark, privacy).
  • Interfering with the Site’s functionality (e.g., introducing malware, disrupting server operations, overloading the Site with traffic).
  • Making false or misleading claims (e.g., impersonating another person or entity, submitting fake order information).
  • Reselling, licensing, or distributing any content or services from the Site without our prior written consent.

We may take immediate action to stop prohibited uses, including restricting access to the Site, removing unauthorized content, or pursuing legal remedies if necessary.

5. Intellectual Property Rights

All content on the Site—including product images, descriptions, logos, brand names, text, graphics, and software—is the property of Barbourn or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, modify, distribute, display, or create derivative works from any Site content without our prior written permission.

Barbourn’s name, logo, and other brand identifiers are trademarks of Barbourn. You may not use these trademarks in any way that is likely to cause confusion among consumers or imply affiliation with Barbourn without our consent.

6. Third-Party Links & Content

The Site may contain links to third-party websites, services, or content (e.g., social media platforms, payment processors). These links are provided for your convenience only—Barbourn does not control or endorse third-party sites, and we are not responsible for their content, privacy practices, or terms of use. Accessing third-party links is at your own risk, and you should review the terms and policies of those sites before using them.

7. Site Availability & Content Accuracy

7.1 Site Availability

We strive to keep the Site accessible 24/7, but we do not guarantee uninterrupted or error-free access. The Site may be temporarily unavailable due to maintenance, updates, technical issues, or circumstances beyond our control (e.g., server outages, internet disruptions). We will make reasonable efforts to notify users of planned downtime and restore access promptly, but we are not liable for any loss or inconvenience caused by temporary Site unavailability.

7.2 Content Accuracy

We make every effort to ensure that Site content (e.g., product descriptions, prices, availability) is accurate and up-to-date. However, we do not warrant that content is error-free, complete, or current. Prices, product details, and inventory may change without notice. If you discover an error (e.g., incorrect pricing, misleading product information), please contact us at [email protected], and we will correct it as soon as possible. We reserve the right to cancel orders resulting from content errors (in accordance with our Terms of Purchase).

8. Disclaimer of Warranties

THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. BARBOURN DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
  • WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
  • WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF SITE CONTENT.

THIS DISCLAIMER APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, BARBOURN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SITE (E.G., LOSS OF PROFITS, DATA, OR USE). THIS LIMITATION APPLIES EVEN IF BARBOURN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Barbourn’s total liability to you for any claims arising from these Terms or your use of the Site shall not exceed the amount you paid to Barbourn for products or services in the 12 months preceding the claim.

10. Indemnification

You agree to indemnify, defend, and hold Barbourn (and its officers, employees, partners, and licensors) harmless from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your use of the Site or violation of these Terms.
  • Your unauthorized access to or use of the Site.
  • Any content you upload, post, or transmit on the Site (e.g., infringing content, defamatory statements).
  • Your breach of any warranties or representations in these Terms.

11. Changes to These Terms

We may update these Terms from time to time to reflect changes in laws, business practices, or Site functionality. When we make changes, we will revise the “Last Updated” date at the bottom of this page and post the updated Terms on the Site. We may also notify you of significant changes via email (if you have an account) or a notice on the Site’s homepage.

Your continued access to or use of the Site after changes are posted constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically to stay informed of any updates.

12. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of laws principles.

Any dispute, claim, or controversy arising from or related to these Terms or your use of the Site shall first be resolved through good-faith negotiation. If negotiation fails, the dispute shall be submitted to binding arbitration in New York, New York, in accordance with the rules of the American Arbitration Association. Arbitration awards shall be final and binding on both parties.

You agree that you will not bring any claim against Barbourn on a class, collective, or representative basis.

13. Contact Us

If you have questions, concerns, or disputes related to these Terms or your use of the Site, please contact our customer service team at [email protected]. We will work to address your inquiry in a timely and fair manner.