Terms and conditions
London Museum shop website is the website of the Board of Governors of the Museum of London (Trading) Ltd of 150 London Wall London EC2Y 5EA.
Tel: 020 7001 9844
Email: webmanager@londonmuseum.org.uk
Definitions
"Special Conditions" means specific conditions relating to a product or service on the relevant web page
"Website" means Museum of London (Trading) Ltd website currently located at shop.londonmuseum.org.uk
"We / us" means Museum of London (Trading) Ltd
"You" means a user of the website
"Users" means collectively users of the website
"Consumer" means a person who is not ordering goods or services in the course of his or her business
Terms and conditions of Use and General Conditions of Sale
By using the website you agree to be bound by the "Terms and Conditions of Use", and if you purchase any goods from the website you agree to be bound by the "General Conditions of Sale".
If you are uncertain as to your rights or require any explanation about them please email us at webmanager@londonmuseum.org.uk
Disclaimer
Museum of London (Trading) Ltd is committed to the highest standard and quality of information and every attempt has been made to present up-to-date accurate information. However, Museum of London (Trading) Ltd gives no warranty as to the accuracy of the information on the website.
Museum of London (Trading) Ltd shall not be liable for any losses or damages arising from your use of the website, including reliance on information contained on the website, other than in respect of death or personal injury caused by our negligence or in respect of fraud.
Museum of London (Trading) Ltd may make changes to the material on the website at any time without notice.
Although Museum of London (Trading) Ltd takes all reasonable measures to ensure that the information provided to it from third parties is accurate and not defamatory or offensive it cannot control the content or take responsibility for pages maintained by external providers or linked pages.
Terms and Conditions of Use
of the website of the Board of Governors of
Museum of London (Trading) Ltd
- General
1.1 In accessing information from the website you agree to be bound by these Terms and Conditions of Use as set out below.
1.2 These Terms and Conditions of Use may change from time to time. Please check our website frequently to see recent changes. The date when these Terms and Conditions of Use were last updated will be displayed. If you do not agree to any change you should not continue to use the website.
1.3 The website contains proprietary notices and copyright information the terms of which you agree to observe and follow.
2. Security
2.1 You assume full responsibility for the protection of your computer system including computer hardware, software and stored data on your computer system including hardware, software and stored data of third parties who may access or be otherwise connected to your computer system. You will assume the responsibility of ensuring that programs or other data downloaded or otherwise received from this website are free from viruses, worms, Trojan horses or other items of a destructive nature. We would advise you to run an up-to-date anti-virus program on anything you download from the Internet.
2.2 You must take reasonable precautions to prevent the fraudulent use of your security details including password and must notify London Museum in the event that you suspect a third party has obtained your security details.
2.3 In accordance with the requirements of the Data Protection Act 1998
Museum of London (Trading) Ltd will take reasonable steps to ensure that data transmitted electronically to
Museum of London (Trading) Ltd via the website or otherwise and stored by
Museum of London (Trading) Ltd is not accessed by unauthorised third parties. You accept the risk that data transmitted electronically to London Museum via the website or otherwise may be intercepted before reaching London Museum or accessed from London Museum's data storage by third parties not authorised by London Museum and may be exploited unlawfully by such unauthorised third parties.
2.4 London Museum makes no representations as to the security, quality or propriety of any website which may be accessed through the website and accepts no liability for the content or for any loss or damage caused or alleged to have been caused by the use of or reliance on information contained in such websites or goods or services purchased from them. Connected websites accessed through the website are independent websites over which London Museum does not exercise any control whether financial, editorial or of any other kind and are not in any way endorsed by London Museum.
3. Errors
Information contained in the website may contain technical inaccuracies or typographical mistakes and should not be relied on as totally accurate. Information may be changed or updated without notice and any queries relating to the information including queries as to its currency and accuracy should be addressed to the person or persons stipulated in the Special Conditions on the appropriate web pages relevant to the goods or services sought. For general content queries relating to the website email us.
4. Warranty and liability
4.1 All information made available from within the website is provided "as is" for information purposes only and should not be relied on as totally accurate. See Disclaimer.
4.2 Goods supplied from the Website should only be used for their approved uses and in accordance with their accompanying instructions for use, servicing and maintenance. You are strongly advised not to use goods supplied for any non-approved or abnormal uses.
4.3 No employee or agent of London Museum is authorised to recommend non-approved uses and you should not rely on any such recommendations.
4.4 London Museum will only be liable to you for any losses resulting from the use of the website in the following circumstances:-
(a) where the losses are suffered as a result of London Museum breaking any term of the Conditions of Use and/or General Conditions of Sale/Special Conditions; or
(b) where there is a breach of a legal duty of care owed to you by London Museum or any employees or agents of London Museum; and
(c) provided the losses are a foreseeable consequence of London Museum breaking the Conditions of Use and/or General Conditions of Sale/Special Conditions; Losses are foreseeable where they could be contemplated by the User and London Museum at the time the website is made available to the User.
4.5 London Museum will not be liable for:
(a) indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable;
(b) any increase in loss or damage resulting from breach by you of any term of the Conditions of Use and/or General Conditions of Sale/Special Conditions;
(c) any loss or damage resulting from the use of any other website connected to the website by means of a hypertext link or any other link;
(d) any loss of profits or other economic loss resulting from the use of the website for business purposes
4.6 London Museum accepts no responsibility whatsoever for any data corruption, interception or delay or any inaccuracies or errors that may occur except in consumer sales to the extent that London Museum or its employees or agents is in breach of its agreement with you, negligent or in breach of its statutory duty when the provisions of Clauses 4.4 and 4.5 above will apply.
4.7 Nothing in these terms shall exclude London Museum's liability for death or personal injury arising from the negligence of London Museum, its employees, agents or contractors resulting from the use of the website.
4.8 London Museum publishes the images and information on the website in good faith. London Museum will use all reasonable endeavours to ensure that all intellectual property rights are respected and that the information and images are accurate and neither defamatory nor offensive.
5. Copyright etc
5.1 The website belongs in all respects to London Museum.
5.2 All intellectual property rights in all material on the website including copyright, database right, first publication rights, patents, registered trade marks, know-how, intellectual or industrial property rights including format, art direction, look and feel and content subsisting throughout the World shall vest in London Museum and other copyright owners as specified.
5.3 None of the data or content found on the website may be reproduced, published, distributed, posted or transferred modified or linked to another website without the express written permission of London Museum. Any trade mark, logo, crest or other identifiable emblem of London Museum shall remain the property of London Museum at all times and no licence or right to use any of the same shall be granted or implied in any way.
5.4 Users may not modify, copy, distribute, transmit, display, reproduce, publish, licence or create derivative works or sell any information obtained from the website. Users may download information or images for private non-commercial viewing purposes only unless permitted for the purpose of making an offer appropriate to the goods or services required.
5.5 All images and text are subject to copyright protection.
5.6 London Museum is committed to respecting the intellectual property rights of others and has taken all reasonable efforts to trace the copyright owners of images and obtain permissions for reproductions in this website.
5.7 In the event that any of the un-traceable copyright owners come forward after the publication of this website, London Museum will endeavour to rectify the position accordingly.
Any queries in this respect should be addressed to:
Picture Library Manager
London Museum
London Wall
London EC2Y 5HN
tel: 020 7814 5604
fax: 020 7600 1058
Or email enquiries to picturelib@londonmuseum.org.uk
6. Availability of website
6.1 London Museum will use its reasonable endeavours to ensure the availability of the website and that transmissions are error free. However, due to the nature of the Internet it is not technically possible for London Museum to provide a completely fault free service and London Museum gives no guarantees or warranties express or implied as to the quality or reliability of access to the website.
6.2 London Museum reserves the right to suspend or cancel the website or refuse access to it immediately and without notice in order to maintain, repair or update the website or if it is necessary for legal reasons. However, London Museum will where possible give notice of any suspension or cancellation on the website.
7. Waiver
The failure by London Museum to enforce any term or condition hereof or of the Conditions of Sale or Special Conditions (if applicable) shall not be deemed as a waiver of the right to enforce such term or condition.
8. Jurisdiction
The website is situated in London England and all the Terms and Conditions of Use shall be governed by and construed in accordance with the laws of England and Wales and subject to the non-exclusive jurisdiction of the English Courts.
9. Contact
In the event of any queries about how to use the website, please email us at webmanager@londonmuseum.org.uk
General conditions of sale
The General Conditions of Sale governing any given order for goods from the website will be the version which is current at the date of your order. Special Conditions will apply to individual goods and can be found on the appropriate web pages for transactions involving the specific goods. Where any conflict exists between the General Conditions of Sale and the Special Conditions, then the Special Conditions will apply provided they do not conflict with any terms and conditions in the General Conditions of Sale which are required by law.
As the General Conditions of Sale and Special Conditions are subject to change, you are advised to check the current version prior to each order to ensure that you understand the precise terms and conditions applicable to your purchase. To assist you in deciding whether the General Conditions of Sale and Special Conditions have changed since your last order, we will display the date when they were last updated.
London Museum will provide the goods upon the following conditions of sale:
- Technical steps to complete contract to purchase goods
1.1. London Museum invites you to view the goods as displayed on the website.
1.2. If you wish to order goods you should complete the relevant details on the shopping basket screen or relevant application form and offer the stated price together with your payment card details. Your order represents an offer to purchase which is not accepted until we send you an email confirming your order "Order confirmation email"
1.3. To order goods on-line you must be registered on this website. There will be an option to register when you checkout for the first time. This will require the use of cookies.
1.4. London Museum may at its option either accept or reject your offer to purchase and pay for the goods online.
1.5. If London Museum rejects your offer to purchase online you will be notified and advised of an alternative method of purchase, if available.
1.6. London Museum shall not be required to disclose or explain any acceptance or rejection of offers unless otherwise set out in the Special Conditions.
1.7. All orders are subject to availability and to price correction in the event that an administrative error has resulted in an incorrect price being stated on the relevant web page. Details of current price and availability will be as set out on the appropriate web page for the goods you wish to order.
1.8. London Museum reserves the right to terminate or suspend the processing of an order if it is necessary for technical or legal reasons.
1.9. London Museum reserves the right to make changes to its website and Conditions of Use and Sale at any time. However, you will be bound by the Conditions of Use and Sale in force at the time that you use the website or order goods online, unless any retrospective change is required to be made by law in which case the change will apply to orders previously placed by you.
1.10. If London Museum accepts your offer to purchase goods you will be sent an Order Confirmation setting out details of your order and your rights of cancellation. The contract between us will be formed at the time the Order Confirmation is sent.
1.11. The contract will be concluded in English.
1.12. The details of your specific contract, which we ask you to print for your records, are held on our secure server. If Special Conditions apply, it is recommended that you print or save the relevant web page for your records.
1.13. London Museum reserves the right to cancel an accepted order within seven days of the date of the Order Confirmation email. For example, we may have to cancel for stock supply reasons or because one or more of the goods ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers. In the event of such cancellation, London Museum shall refund all sums paid by you.
2. Price and payment
2.1. All payments will be in £ (pound) sterling inclusive of VAT and other UK Taxes where applicable and will be required to be paid in advance of delivery / performance of the goods.
2.2. Although we take reasonable care to ensure that the prices set out on the relevant web pages for the goods are correct we cannot confirm the price of the goods until your offer has been accepted (i.e. we send an order confirmation email).
2.3. All orders are encrypted so that they cannot be read as they travel over the Internet. The secure server software used by London Museum online shop encrypts all your personal information, including credit card details, name, and address. A small padlock icon should be visible in the bottom right hand corner of your screen when using the site. This is your guarantee that your actions are safe.
3. Delivery charges
London Museum shall deliver the goods ordered to the delivery address which you supply. Where more than one item has been ordered, they may be despatched separately. London Museum will charge for postage and packing based on the amount you spend (see “Delivery charges”, link to London Museum online shop website). This amount will appear on the confirm order page before you place the order.
If you are ordering goods for delivery overseas you may be subject to import duties and taxes. Such taxes will be payable when the goods reach their destination. The liability for payment of such customs duties rests solely with you and the London Museum has no control or liability for them.
4. Despatch of goods
4.1. If London Museum accepts your offer, London Museum will despatch the goods without undue delay usually within 5 working days and in any event will be delivered within 30 days, unless otherwise stated.
4.2. Delivery will be made by Royal Mail in the UK or by a London Museum approved courier company or otherwise by air mail and London Museum cannot be held responsible for any delay caused by or resulting from the actions of the external carrier or for any other reason outside the control of London Museum (see clause 10, external link). Where London Museum is unable to deliver the goods for reasons beyond its control you acknowledge this and agree to permit a further reasonable time for delivery.
4.3. Subject to clause 4.4 below, where London Museum is unable to deliver the goods within the Period for Performance for stock supply or other reasons within its control London Museum will inform you and, where possible, propose a revised delivery/performance date. If you do not agree to the revised delivery / performance date London Museum will reimburse any sum paid as soon as possible and in any event within 30 days beginning with the day after the day on which the Period for Performance expired.
4.4. Where London Museum is unable to supply the goods ordered by you, London Museum may offer to supply you with alternative goods of equivalent quality and price. If you choose to accept the alternative goods the right to reimbursement under clause 4.3 will not apply. However, if you choose not to accept the alternative goods the costs of returning them would be met by London Museum (external link).
5. Tracking orders
You can track progress of your order (view the current status of your orders, link to Museum online shop website). In all enquiries you should quote the order reference allocated to your original order. You will need your personal registration details to view the status of your order online.
6. Defective or damaged goods and goods lost in transit
6.1. In the event that your goods do not match the description given on the website, or are not of satisfactory quality or are not fit for the purpose at the time of sale we will provide a full refund, provided you notify us within a reasonable time, or at your request we will repair or replace the goods as an alternative to a refund, provided the costs involved are not disproportionate. We confirm that we will comply at all times with your rights under the Sale of Goods Act 1979 as amended (view your Statutory Rights, external link).
6.2. London Museum will refund reasonable delivery charges incurred in returning the incorrectly described, defective or damaged goods in question.
6.3. London Museum will replace at no extra cost any goods which are lost in transit and which London Museum is satisfied are lost provided that you notify London Museum at the contact address specified on your Order Confirmation email within 30 days of the original order being placed.
7. Cancellation of supply of goods contract and return of goods
7.1 Subject to clause 7.2 below you have the right to cancel the contract (your transaction) within 14 calendar days without giving any reason. The cancellation period will expire 14 days from the days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires physical possession of the goods.
To exercise the right to cancel, you must inform us, London Museum:
150 London Wall
London
EC2Y 5HN
Telephone: 020 7814 5600 Fax: 020 7600 1058
Email: shop@londonmuseum.org.uk
Of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form seen in clause 7.3 but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
We will make the reimbursement without undue delay, and not later than 14 days from the day you return any goods supplied, or provide evidence that you have returned them.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
7.2 unless the special conditions provide otherwise or the goods are incorrectly described or faulty, the right to cancel the contract will NOT apply in the following cases:-
(a) If audio or video recordings or computer software are unsealed; (b) if goods have been made to your specification or are clearly personalised
7.3 Model cancellation form
To London Museum,
150 London Wall
London
EC2Y 5HN,
Fax: 020 7600 1058
Email: shop@londonmuseum.org.uk
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the provision of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate.
8. Fraud
If you discover that goods have been ordered using your payment card by someone not authorised to do so you should:
(i) inform your payment card provider, the Police and London Museum of the unauthorised purchase as soon as you discover it; and
(ii) co-operate with your payment card provider, the Police and London Museum in relation to the unauthorised use.
9. Liability and events beyond London Museum's control
Neither you nor London Museum shall be liable to the other in respect of loss damage or delay or any failure to deliver if the cause of such loss etc., shall arise from any act of government or other competent authority or any public utility or external, postal, or courier services or Internet Service Provider, flood, storm, tempest or other freak of nature, riot, civil or commotion, action of hostile foreign state (whether or not a formal declaration of war has been made given or received) fire, explosion, malicious damage, act of God or other force major occurrence which could not have been avoided or mitigated by the application of due diligence or foresight.
10. Jurisdiction
This Agreement is made in London England and shall be governed by and construed in accordance with the Laws of England and Wales and shall be subject to the jurisdiction of the English Courts.
11. Severance
If any part of these Conditions shall be deemed unlawful, void or for any reason unenforceable then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of these Conditions.
12. Variation
No variation in any of the terms of these Conditions shall be effective unless agreed in writing by London Museum's Comptroller and City Solicitor.
13. Miscellaneous
13.1. You will protect London Museum's copyright and all other intellectual property rights in the goods while they remain in your care and control.
13.2. If you sell or transfer any of the goods purchased you will notify any subsequent owner of London Museum's rights in the goods.
14. Copyright
14.1. All website design, text, graphics software source codes and design rights and the selection of images etc on the website or the arrangement thereof are the copyright of London Museum. Permission is granted to electronically copy and print in hard copy portions of this site for the sole purpose of placing an order with or providing information to London Museum. Any other use of materials on this site (including reproduction for purposes other than those noted above and modification, distribution or re-publication) is strictly prohibited.
14.2. Copyright and first publication rights including all other intellectual property rights in all images displayed shall vest in London Museum or the acknowledged copyright owner.
14.3. Reproduction of any image is strictly prohibited unless authorised in writing by London Museum.
15. Complaints
In the unfortunate event that you wish to raise a complaint in relation to the online shop, please write to:
Consumer Complaints
Retail Manager
London Museum
London Wall
London EC2Y 5HN
Email: shop@londonmuseum.org.uk
For any other matter in connection with the rest of London Museum website, please write to:
Web Complaints
Web Manager
London Museum
150 London Wall
London EC2Y 5HN
email: webmanager@londonmuseum.org.uk
Your statutory rights
Various Acts of Parliament and Regulations provide legal protection to "consumers" who purchase goods.
Faulty goods
The Sale of Goods Act 1979 as amended / supplemented by other Acts and regulations gives a consumer certain rights in the event that the goods purchased do not match their description, or are not of satisfactory quality or are not fit for the purpose.
Right to cancel goods under the Consumer Rights Directive 2011/83/EU
Under the Consumer Rights Directive 2011/83/EU, unless one of the exceptions applies, you have a cooling off period (fourteen calendar days) during which you are entitled to cancel your purchase if for any reason you decide you no longer want the goods you have purchased at a distance (i.e. without face to face contact, such as from a website). This is an additional right and does not affect your other statutory rights to reject faulty goods (described briefly above). See more details about your right to cancel (external link).
More information
This is only a very brief summary of some of the rights of consumers and should not be relied on as legal advice.
For more information on your Statutory Rights please visit:
The Office of Fair Trading website at:
www.oft.gov.uk/Consumer/Your+Rights+When+Shopping/your+rights+buying+goods.htm#back
The Department of Trade and Industry's ConsumerDirect website at:
http://www.consumerdirect.gov.uk/ (Useful Fact Sheets and Frequently Asked Questions are available at the ConsumerDirect website.)
If you require further advice contact your local Citizens Advice Bureau at http://www.adviceguide.org.uk/, or Trading Standards Department at http://www.tradingstandards.gov.uk/consumers/consumers.cfm.
