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Terms of Service

Welcome to www.thebarrelshack.com (the “Website”). This Website is maintained and operated by The Barrel Shack (referred to in these Terms and Conditions as “The Barrel Shack”, “we”, “our” or “us”).

YOUR ACCESS TO AND USE OF THE WEBSITE IS SUBJECT TO THESE TERMS AND CONDITIONS (THE “TERMS AND CONDITIONS”) AND ALL APPLICABLE LAWS. BY ACCESSING OR USING ANY PART OF THE WEBSITE, YOU ACCEPT THESE TERMS AND CONDITIONS WITHOUT LIMITATION OR QUALIFICATION.

IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS SET OUT BELOW, YOU MAY NOT ACCESS OR USE ANY PORTION OF THE WEBSITE.

THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY, AS THEY AFFECT YOUR LEGAL RIGHTS.

1. Authorised Use of the Website

The Website is made available solely for personal, non-commercial and informational use.

Any use outside these purposes requires the prior written approval of The Barrel Shack.

You agree not to allow another person or business to use information obtained from the Website for commercial purposes or for any purpose that is not personal in nature.

2. Unauthorised Use of the Website

You may not use spiders, robots, data-mining techniques or other automated devices, systems or programs to catalogue, download, reproduce, store or distribute content available on the Website.

You may not use automated methods to manipulate the Website or automate processes that are otherwise intended to be completed manually or on an individual basis.

You may not take any action that interferes with or disrupts the Website or another user’s access to or use of the Website.

Prohibited conduct includes, without limitation:

  • overloading, flooding, mailbombing or crashing the Website;
  • circumventing security or user-authentication measures;
  • attempting to gain unauthorised access to the Website or associated systems;
  • attempting to exceed the limited access and authorisation granted under these Terms and Conditions; or
  • introducing viruses, malicious code or other harmful material.

You may not frame or display any portion of the Website within another website.

You may not resell access to or use of the Website to any third party without our prior written consent.

3. Proprietary Rights

The Barrel Shack and its affiliates own, or are properly licensed to use, all elements of the Website.

These materials include, without limitation, written content, product descriptions, photographs, videos, software, graphics, layouts, designs, copyrights, trademarks, service marks, trade names, logos and other intellectual-property or proprietary rights.

Certain materials may belong to third parties who have given The Barrel Shack or its affiliates permission to display or use them.

By accessing the Website, you agree not to reproduce, distribute, modify, alter, adapt, republish or create derivative works from any materials unless you have first obtained written permission from the applicable rights holder.

Except where these Terms and Conditions expressly state otherwise, accessing or using the Website does not grant you any licence, ownership interest or other right in the Website or its materials.

All rights not expressly granted are reserved by The Barrel Shack, its affiliates and the applicable rights holders.

4. Products, Specifications and Availability

The Barrel Shack offers a selection of furniture, bags, clocks, sculptures, decorative accessories and other homeware products.

Displaying a product or service on the Website does not guarantee that it will remain available or that every product description, specification, measurement, image or listed characteristic is complete or error-free.

Many of our products are designed to have a rustic, aged, distressed, handcrafted or individually finished appearance.

Variations in grain, colour, texture, finish, patina, distressing, markings, dimensions and surface character may occur between individual products.

These variations may be inherent in natural materials or may form part of the intended design and are not necessarily faults or defects.

Product colours, textures, finishes and other visual details may appear differently depending on your screen, device, browser and display settings.

Although we make reasonable efforts to present products accurately, we cannot guarantee that digital images will precisely reproduce the appearance of the physical product.

Measurements and dimensions are approximate unless expressly stated otherwise. Minor variations may occur because of the materials, construction methods or individual finish of the product.

The Barrel Shack does not independently verify or endorse every statement made on the Website by customers, manufacturers, distributors, suppliers or other third parties.

Prices, availability, descriptions, specifications and other product information may be modified without prior notice.

5. Orders and Payment

An order confirmation acknowledges that we have received your order. It does not necessarily mean that The Barrel Shack has accepted the order or agreed to complete the sale.

We may request additional verification, payment details, delivery information or other information before accepting, processing or dispatching an order.

If a product is offered at an incorrect price because of a typographical, technical, pricing or information error, The Barrel Shack may reject or cancel the applicable order, including after an order confirmation has been issued or payment has been authorised.

If we reject, limit, cancel or otherwise modify an order, we will attempt to contact you using the email address supplied when the order was placed.

Where we cancel an order, or part of an order, after charging you, we will refund the amount paid for the cancelled portion.

By placing an order, you represent that the products you purchase are lawful to own and use in the location where you intend to receive, possess and use them.

You agree to possess and use all purchased products only for lawful purposes and in accordance with all applicable laws, rules and regulations.

You are responsible for reviewing the dimensions, weight, materials, care requirements, delivery access requirements and other product information before placing an order.

6. Delivery Access and Large Items

Certain furniture, sculptures, clocks and home décor products may be oversized, heavy, fragile or require specialist handling.

Before placing an order, you are responsible for checking that the product will fit through all relevant doorways, hallways, staircases, lifts, entrances and other access points at the delivery address.

You are also responsible for ensuring that the delivery location is safe, accessible and suitable for the delivery method selected or offered.

Unless expressly stated otherwise, delivery may not include assembly, installation, wall mounting, removal of packaging, positioning in a particular room or removal of existing furniture.

Additional charges may apply where:

  • access information supplied by you is incomplete or inaccurate;
  • delivery cannot be completed safely;
  • specialist equipment or additional personnel are required;
  • a further delivery attempt is necessary; or
  • the delivery address is changed after dispatch.

Nothing in this section limits any statutory rights that cannot lawfully be excluded or restricted.

7. Shipping, Risk of Loss and Title

With respect to products shipped through the Website, risk of loss and title pass to you when the products are delivered to the carrier, to the extent permitted by applicable law.

You are responsible for submitting any applicable claim to the carrier concerning a shipment that is lost or damaged in transit.

Nothing in this section limits any statutory rights that cannot lawfully be excluded or transferred.

8. Inspection on Delivery

You should inspect your order as soon as reasonably possible after delivery.

Where a product is visibly damaged, incomplete or incorrect, you should notify The Barrel Shack promptly and retain:

  • the product;
  • all internal and external packaging;
  • the shipping label;
  • any protective materials; and
  • photographs showing the condition of the product and packaging.

You should not assemble, install, alter or continue using a product that appears damaged or unsafe.

Failure to retain the product or packaging may affect our ability to assess a delivery-damage claim, although this does not affect rights that cannot lawfully be excluded.

9. Returns and Refunds

Your use of the Website and purchase of products through it constitute acceptance of our Refund and Return Policy.

Where a return or refund is accepted, it will be processed in accordance with that policy and applicable consumer-protection laws.

Products purchased from a third-party retailer are subject to that retailer’s own return and refund policy.

The Barrel Shack cannot ordinarily accept returns or issue refunds for products purchased from another retailer.

Nothing in these Terms and Conditions excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, restricted or modified.

10. Discount Codes

The Barrel Shack reserves the right to reject or cancel an order and issue a refund where a discount or promotional code has:

  • been used without permission;
  • been used repeatedly contrary to its stated conditions;
  • expired;
  • been combined with another offer where combination is not permitted; or
  • otherwise been applied improperly.

Unless expressly stated otherwise, promotional codes have no cash value and may not be sold, exchanged or transferred.

11. Flash Sales and Limited-Time Promotions

Products included in a flash sale or limited-time promotion remain available only during the period displayed in the applicable countdown, offer terms or promotional notice on the Website.

Promotional products are subject to availability and may sell out before the displayed promotional period ends.

12. Testimonials and Reviews

The Barrel Shack may display testimonials, ratings, reviews, photographs or related materials on the Website.

These materials may be presented for illustrative purposes and may not reflect the experience of every customer.

Individual product experiences, preferences and results may vary.

13. Comments and Materials Submitted by You

Certain areas of the Website may permit you or other users to submit comments, reviews, text, photographs, videos, images or other materials, collectively referred to as “Content”.

You may submit only Content that you created or that you are legally authorised to use and distribute.

Where Content includes, depicts or identifies another person, you must obtain that person’s permission before submitting or publishing it.

If the person is a minor, permission must be obtained from their parent or legal guardian.

The Barrel Shack may ask you to provide evidence that the required permission was obtained.

You may not submit Content that is unlawful, harmful, abusive, defamatory, misleading, fraudulent, threatening, obscene, discriminatory, infringing or otherwise contrary to these Terms and Conditions.

By posting, uploading or otherwise providing Content through the Website, you represent and warrant that:

(a) you own the applicable rights or have obtained all permissions required to submit, publish and distribute the Content; and

(b) the Content does not infringe copyright, trademark, publicity rights, privacy rights or any other rights belonging to a third party and does not violate any applicable law or regulation.

14. Materials Submitted by Others

The Barrel Shack is not responsible for Content or materials provided by third parties, including any inaccuracies, omissions, loss or damage resulting from reliance on or use of that Content.

We are not required to review user Content before it appears on the Website.

However, The Barrel Shack and its representatives may, in their sole discretion and without obligation, reject, restrict, edit, disable or remove Content.

This right includes Content that violates these Terms and Conditions or that we otherwise consider inappropriate, misleading or objectionable.

The Barrel Shack does not endorse or guarantee the truthfulness, completeness, accuracy or reliability of third-party Content, communications, reviews or opinions published through the Website.

By using the Website, you acknowledge that you may encounter material that is inaccurate, offensive, harmful, misleading, improperly labelled or otherwise unsuitable.

15. Unsolicited Ideas

The Barrel Shack does not accept unsolicited concepts, proposals or suggestions from outside the company, including ideas relating to advertising, promotions, merchandising, product designs, products, services or business operations.

We may already be developing, or may later independently develop, an idea similar to one submitted to us.

This policy is intended to avoid misunderstandings concerning ownership, confidentiality or compensation.

If you submit an idea despite this policy, you acknowledge that the submission is not confidential and that The Barrel Shack has no express or implied obligation to evaluate, use or compensate you for it.

To the fullest extent permitted by law, all current and future rights in the submitted idea throughout the world are irrevocably assigned to The Barrel Shack.

If such an assignment is found to be legally unenforceable, you instead grant The Barrel Shack an irrevocable, perpetual, worldwide, transferable, sublicensable and royalty-free licence to use, reproduce, modify, adapt, publish, distribute, display or otherwise exploit the idea through any existing or future medium, without compensation to you.

16. Third-Party Links

The Website may contain links to websites, platforms or services operated independently from The Barrel Shack.

Other websites may also link to or reference our Website.

When visiting a third-party website or service, you should review its terms, privacy policy and business practices.

The Barrel Shack does not control and is not responsible for the content, security, availability, products, services, policies or practices of any third-party website, platform or service.

The inclusion of a link does not necessarily mean that The Barrel Shack endorses or is affiliated with the applicable third party.

17. Twelve-Month Limited Warranty

17.1 Warranty Period

The Barrel Shack provides a 12-month limited warranty against defects in materials and workmanship arising during ordinary domestic use.

The warranty period begins on the original date of purchase.

This warranty applies only to products that are expressly sold by The Barrel Shack with a 12-month warranty.

17.2 Eligible Purchases

The warranty applies only to the original purchaser of a product purchased:

  • directly from the official The Barrel Shack Website; or
  • through an authorised The Barrel Shack retailer.

The warranty is personal to the original purchaser and may not be transferred or assigned unless applicable law requires otherwise.

A gift recipient may make a warranty claim where the original proof of purchase or a valid gift receipt is provided.

17.3 Proof of Purchase

To request warranty service, you must provide the original dated proof of purchase, order confirmation, receipt or other evidence reasonably accepted by The Barrel Shack.

We may also require photographs or videos showing:

  • the product;
  • the alleged defect;
  • the product labels or identifying marks;
  • the packaging, where relevant; and
  • the overall condition of the product.

Where acceptable proof of purchase cannot be provided, The Barrel Shack may decline the warranty claim unless applicable law provides otherwise.

17.4 What the Warranty Covers

Subject to the conditions and exclusions below, the warranty covers manufacturing defects in materials or workmanship that become apparent during ordinary domestic use within 12 months of the original purchase date.

A manufacturing defect is a fault caused by the way the product was manufactured or by defective materials used in its manufacture.

The warranty does not guarantee that a product will remain unchanged in appearance during normal use.

17.5 Natural Materials and Rustic Finishes

Many The Barrel Shack products incorporate natural, reclaimed, distressed, aged or individually finished materials.

Natural or intended variations may include:

  • differences in wood grain, knots, texture and tone;
  • minor differences in dimensions;
  • surface markings, distressing or tool marks;
  • differences in leather grain, colour and texture;
  • gradual development of patina;
  • variations in metal finish, oxidation or colour;
  • slight irregularities in handmade or hand-finished decorative products; and
  • variations between product images, display models and individual products.

Such variations are not manufacturing defects where they do not materially affect the safe and intended use of the product.

17.6 Warranty Exclusions

The 12-month limited warranty does not cover damage, deterioration or defects resulting from:

  • normal wear and tear;
  • gradual ageing or development of patina;
  • misuse, abuse, neglect or improper handling;
  • accidental damage, impact, dropping or collision;
  • incorrect assembly, installation or wall mounting;
  • failure to follow supplied assembly, care, safety or usage instructions;
  • use of the product for a purpose for which it was not designed;
  • commercial, rental, hospitality, institutional or professional use;
  • exposure to excessive heat, moisture, humidity, sunlight or temperature changes;
  • outdoor use where the product was not expressly described as suitable for outdoor use;
  • water damage, staining, fading, scratching, denting, chipping or surface marking;
  • damage caused by unsuitable cleaning products, abrasive materials or chemicals;
  • overloading furniture, shelving, bags, hooks or other products beyond their intended capacity;
  • failure to secure furniture, clocks, mirrors, sculptures or decorative items where wall fixing or anchoring is recommended;
  • use on an unsuitable, unstable or uneven surface;
  • unauthorised repair work, alterations or modifications;
  • use of replacement parts, fittings or accessories not approved by The Barrel Shack;
  • damage caused during transportation, storage or relocation after delivery;
  • failure to inspect the product and report visible delivery damage within the period stated in our delivery or returns policy;
  • infestation, mould or environmental conditions outside our reasonable control;
  • fire, flooding, natural disasters or other events outside our reasonable control;
  • counterfeit products; or
  • products purchased from an unauthorised seller.

17.7 Furniture

For furniture, the warranty does not cover:

  • softening, compression or settling of cushions and fillings during use;
  • minor movement, expansion, contraction or surface checking in timber caused by environmental conditions;
  • natural movement in joints that does not materially affect safe use;
  • damage caused by sitting, standing or placing weight on areas not designed to bear weight;
  • damage caused by dragging rather than lifting furniture;
  • damage to floors or surfaces caused by the absence of suitable protective pads; or
  • failure to retighten fittings where periodic adjustment is recommended.

17.8 Bags and Leather Goods

For bags and leather products, the warranty does not cover:

  • scratches, creasing, softening, fading or development of patina through normal use;
  • colour transfer caused by contact with clothing, liquids, oils or other materials;
  • damage caused by overfilling or carrying excessive weight;
  • wear to corners, handles, straps, linings or hardware arising through ordinary use;
  • water damage or staining;
  • damage caused by unsuitable cleaning products or leather treatments; or
  • changes in the appearance of natural leather.

17.9 Clocks

For clocks, the warranty applies to manufacturing defects in the clock mechanism and structural components during the 12-month warranty period.

Unless expressly stated otherwise, the warranty does not cover:

  • batteries;
  • routine battery replacement;
  • inaccurate timekeeping caused by a depleted, unsuitable or incorrectly installed battery;
  • damage caused by incorrect wall mounting;
  • damage resulting from impact, moisture or environmental conditions;
  • changes to decorative finishes arising through normal ageing; or
  • repairs or alterations carried out by an unauthorised person.

17.10 Sculptures and Decorative Products

For sculptures and decorative products, the warranty does not cover:

  • minor variations arising from hand assembly or hand finishing;
  • surface patina, oxidation or gradual finish changes;
  • damage caused by unstable placement or unsuitable mounting;
  • damage caused by outdoor use where the product is not expressly described as suitable for outdoor use;
  • weather-related deterioration; or
  • cosmetic imperfections that form part of the intended rustic or aged design.

17.11 Warranty Assessment

The Barrel Shack may require you to return the product for inspection before approving a warranty claim.

We may ask you not to return oversized furniture or fragile products until we have reviewed photographs and provided specific instructions.

Products returned without prior authorisation may not be accepted.

You must not discard, repair, alter or dispose of the product before the claim has been assessed unless The Barrel Shack gives written permission.

We may decline a claim where:

  • the product cannot be inspected;
  • requested evidence is not provided;
  • the product has been repaired or modified without authorisation; or
  • the reported issue falls outside the scope of the warranty.

17.12 Warranty Remedies

If The Barrel Shack confirms that a product has a covered manufacturing defect, we may, at our discretion and subject to applicable law:

  • repair the product;
  • provide an appropriate replacement part;
  • replace the product with the same item;
  • replace the product with an equivalent or reasonably comparable item; or
  • issue a refund of the original purchase price.

Where the original product, colour, finish, material or design is no longer available, The Barrel Shack may provide a replacement of comparable function and value.

An exact match is not guaranteed.

If a product cannot reasonably be repaired and the same or comparable item is unavailable, The Barrel Shack or the relevant authorised retailer may refund the original purchase price using the original payment method.

Any refund will not exceed the amount originally paid for the affected product.

A repaired or replacement product will remain covered for the remainder of the original 12-month warranty period or for any minimum additional period required by applicable law.

17.13 Costs and Consequential Losses

Unless required by applicable law, the warranty does not cover:

  • the cost of replacing other property;
  • installation, removal or redecoration costs;
  • loss of use;
  • indirect or consequential losses;
  • commercial losses;
  • loss of profit or revenue;
  • third-party repair costs; or
  • costs incurred without The Barrel Shack’s prior written authorisation.

17.14 Making a Warranty Claim

To request warranty assistance, contact The Barrel Shack’s customer support team and provide:

  • your name and contact details;
  • the original proof of purchase;
  • the product name and order number, where available;
  • a clear description of the issue;
  • photographs or videos showing the alleged defect; and
  • any additional information reasonably requested by The Barrel Shack.

Do not continue using a product that appears damaged, unsafe, unstable or structurally compromised.

17.15 Statutory Rights

This 12-month limited warranty is provided in addition to any rights and remedies available under applicable consumer-protection laws.

Nothing in this warranty excludes, restricts or modifies any statutory right or remedy that cannot lawfully be excluded, restricted or modified.

18. No Other Warranties

WHILE THE BARREL SHACK USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE WEBSITE, EXCEPT FOR EXPRESS WARRANTIES STATED ON THE WEBSITE, THE BARREL SHACK MAKES NO WARRANTIES OR REPRESENTATIONS CONCERNING THE ACCURACY OR COMPLETENESS OF INFORMATION AVAILABLE THROUGH THE WEBSITE.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK.

THE WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH IT, IS PROVIDED “AS IS”, AND THE BARREL SHACK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WEBSITE OR ITS CONTENT.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE BARREL SHACK DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES NOT EXPRESSLY PROVIDED IN WRITING, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

THE BARREL SHACK DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE, OR ANY MATERIALS OR CONTENT MADE AVAILABLE THROUGH IT, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NOTHING IN THIS SECTION EXCLUDES OR LIMITS AN EXPRESS PRODUCT WARRANTY PROVIDED BY THE BARREL SHACK OR ANY RIGHT THAT CANNOT LAWFULLY BE EXCLUDED.

19. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE BARREL SHACK SHALL NOT BE LIABLE FOR YOUR USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, YOUR USE OF OR RELIANCE ON ITS CONTENT OR ANY ERRORS CONTAINED IN IT.

IN NO EVENT WILL THE BARREL SHACK BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY OR PUNITIVE DAMAGES, PERSONAL INJURY OR WRONGFUL DEATH, OR SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE BARREL SHACK’S TOTAL LIABILITY FOR DIRECT DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE OR PURCHASE OF PRODUCTS OR SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID TO THE BARREL SHACK FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.

THE ABOVE LIMITATIONS APPLY REGARDLESS OF WHETHER EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Nothing in these Terms and Conditions excludes or limits liability where such liability cannot lawfully be excluded or limited.

If you are a California resident, you waive California Civil Code Section 1542 in connection with the foregoing, which states:

“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favour at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

20. Indemnification

You agree to indemnify, defend and hold harmless The Barrel Shack and its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives from and against all claims, demands, liabilities, losses, costs or expenses, including reasonable attorneys’ fees and costs, arising from or relating to:

  • your breach of these Terms and Conditions;
  • your misuse of the Website;
  • Content submitted by you;
  • your infringement of another person’s rights; or
  • your violation of applicable law.

21. Changes to the Website and These Terms

Information made available through the Website may be updated, corrected, suspended or removed without prior notice.

The Barrel Shack may revise these Terms and Conditions by publishing an updated version on the Website.

You should review this page periodically to remain informed of any revisions.

Your continued use of the Website after revised Terms and Conditions are published constitutes your acceptance of the updated terms.

22. Severability

If any provision of these Terms and Conditions is held or declared invalid, unlawful or unenforceable by a court or other authority of competent jurisdiction, that provision will be ineffective only to the extent of the invalidity or unenforceability.

The remaining provisions will continue in full force and effect.

Where possible, the invalid or unenforceable provision will be changed and interpreted so as to best accomplish its original objectives within the limits of applicable law and applicable court decisions.

23. Waiver and Remedies

The Barrel Shack’s failure to partially or fully exercise a right, or its waiver of a breach of these Terms and Conditions, will not prevent The Barrel Shack from subsequently exercising that right.

A waiver of one breach will not be considered a waiver of any subsequent breach of the same or another provision.

The rights and remedies available to The Barrel Shack under these Terms and Conditions and any other applicable agreement are cumulative.

The exercise of one right or remedy does not prevent The Barrel Shack from exercising another available right or remedy.

24. Governing Law, Dispute Resolution and Arbitration

The laws of the State of New York govern these Terms and Conditions.

While we will make reasonable efforts to resolve any disagreement you may have with The Barrel Shack, if those efforts are unsuccessful, you agree that all claims, disputes or controversies against The Barrel Shack arising out of or relating to these Terms and Conditions or the purchase of any products or services (“Claims”) are subject to final and binding arbitration.

This requirement does not apply to matters that may be brought in small claims court.

The arbitration requirement applies regardless of the legal theory on which a Claim is based or the remedy sought, including damages or injunctive or declaratory relief.

Claims include those based on contract, tort, including intentional tort, fraud, agency, negligence by you or The Barrel Shack, statutory or regulatory provisions or any other source of law.

It also includes Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise, and Claims made independently or together with other claims.

The party filing an arbitration must submit the Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing arbitration.

Any arbitration hearing that you attend will be held at a location selected by the American Arbitration Association in the same city as the United States District Court closest to your then-current residential address, or at another location agreed to in writing by you and The Barrel Shack.

The arbitrator will apply New York law consistently with the Federal Arbitration Act.

You are not entitled to join or consolidate Claims in arbitration by or against other users or to arbitrate any Claim as a representative or member of a class or in a private attorney general capacity.

You may obtain copies of the current rules, forms and instructions for initiating arbitration by contacting:

American Arbitration Association
Telephone: 800-778-7879
Website: www.adr.org

A single neutral arbitrator will resolve the Claims.

The arbitration will follow the procedures and rules of the American Arbitration Association in effect on the date the arbitration is filed, unless those procedures or rules are inconsistent with these Terms and Conditions, in which case these Terms and Conditions will prevail.

Those procedures and rules may limit the discovery available to you or to us.

The arbitrator will take reasonable steps to protect customer account information and other confidential information if requested by you or by The Barrel Shack.

Each party will bear the costs of its own attorneys, experts, witnesses and other expenses, regardless of which party prevails.

However, a party may recover any or all expenses from the other party if the arbitrator determines that recovery is permitted under applicable law.

The arbitrator’s award will be final and binding unless you or The Barrel Shack appeals it in writing to the arbitration organisation within fifteen (15) days after receiving notice of the award.

The appeal must request a new arbitration before a panel of three neutral arbitrators designated by the American Arbitration Association.

An award issued by that panel will become final and binding after fifteen (15) days.

Any Claim you have must be commenced within one (1) year after the date on which the Claim arises, unless applicable law prohibits that limitation.

As stated above, you and The Barrel Shack knowingly and voluntarily waive any right either party may have to a jury trial.

The Barrel Shack will not choose to arbitrate a Claim that you bring in small claims court.

However, if that Claim is transferred, removed or appealed to a different court, The Barrel Shack may then elect to arbitrate it.

If this arbitration provision cannot be enforced by the specified arbitration organisation, the parties will mutually agree upon another arbitration organisation that will enforce it.

25. Class Action Waiver

YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND THE BARREL SHACK EACH WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR ANY OTHER REPRESENTATIVE PROCEEDING.

CLAIMS AND REMEDIES SOUGHT AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION ARE SUBJECT TO ARBITRATION ONLY ON AN INDIVIDUAL, NON-CLASS AND NON-REPRESENTATIVE BASIS.

THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL, NON-CLASS AND NON-REPRESENTATIVE BASIS.