What these terms cover. These are the terms and conditions on which we supply goods to you.
Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you do not agree to these terms, please do not order any goods from this website.
Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
- You are an individual.
- You are buying goods from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
We only sell to the UK. Our website is solely for the promotion and sale of our goods in the UK. Unfortunately, we are unable to accept orders from addresses outside the UK. We will not deliver to a post office box (PO BOX) address. We also reserve the right not to deliver to a communal post office address. The delivery address supplied by you must have a valid postcode.
Age restriction. You must be at least 18 years of age to place an order on this website.
- General Information
- Banbury Museum Trading Company Limited (company number 08900745) (we and us) is a company registered in England and Wales and our registered office is at Castle Quay, Spiceball Park Road, Banbury, Oxfordshire OX16 2PQ. Our main trading address is Banbury Museum Online Shop, Banbury Museum and Gallery, Spiceball Park Road, Banbury, Oxfordshire OX16 2PQ.
- Our VAT number is 185 3486 75. We operate the website www.banburymuseum.org/onlineshop.
- Contacting us. To contact us telephone us on 01295 236165 or email us at email@example.com or write to us at the following address:
Banbury Museum Online Shop
Banbury Museum and Gallery
Spiceball Park Road
Oxfordshire OX16 2PQ
- Our contract with you
- Placing your order. Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the goods specified in the order subject to these terms.
- Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
- Accepting your order. Our acceptance of your order takes place when we send the email to you to accept it, at which point the contract between you and us will come into existence.
- If we cannot accept your order. Sometimes we reject orders, for example, because goods are unexpectedly out of stock, because you are located outside our delivery areas, as stated on our website, or because the goods were mispriced by us. When this happens, we let you know as soon as possible.
- Our goods
- The images of the goods on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the goods. The colour of your goods may vary slightly from those images.
- The packaging of your goods may vary from that shown on images on our website.
- We reserve the right to amend the specification of the goods if required by any applicable statutory or regulatory requirement.
- The prices of the goods will be as quoted on our website at the time you submit your order. We take all reasonable care to ensure that the prices of goods are correct at the time when the relevant information was entered onto the system. However, please see clause 4.5 for what happens if we discover an error in the price of goods you ordered.
- Prices for our goods may change from time to time, but changes will not affect any order you have already placed.
- The price of goods includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.
- The price of the goods does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
- We sell a large number of goods through our site. It is always possible that, despite our reasonable efforts, some of the goods on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
- where the goods’ correct price is less than the price stated on our site, we will charge the lower amount when dispatching the goods to you; and
- if the goods’ correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the goods and refund you any sums you have paid.
- How to pay
- You can only pay for goods using PayPal.
- We take payment for the goods when you order.
- Providing the goods
- When we will provide the goods. We will give you an estimated delivery date during the ordering process. We will deliver the goods to you at the address provided in your order as soon as reasonably possible and in any event within 30 days after the day on which we accept your order. All goods will be delivered by Royal Mail 2nd Class post.
- We are not responsible for delays outside our control. If our supply of the goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any goods you have paid for but not received.
- If you are not available when the goods are delivered. If no one is available at your address to take delivery and the goods cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the goods from a local depot.
- If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract and clause 13 will apply.
- When you become responsible for the goods. The goods will be your responsibility from the time we deliver the goods to the address you gave us or, after a failed delivery, you or someone acting on your behalf collect it from a delivery depot.
- When you own goods. You own the goods once we have received payment in full.
- Changing your mind if you are a consumer
- If you are a consumer and you bought online, you have a legal right to change your mind.
- Your legal right to change your mind. For most of our goods bought online, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. This is subject to some conditions, as set out below.
- When you can’t change your mind. You can’t change your mind about an order for:
- goods sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
- sealed audio or sealed video recordings or sealed computer software, once these goods are unsealed after you receive them; or
- goods which become mixed inseparably with other items after their delivery.
- The deadline for changing your mind. If you change your mind about the goods, you must let us know no later than 14 days after the day we deliver your goods. If the goods are split into several deliveries over different days, the period runs from the day after the last delivery.
- How to let us know. To let us know you want to change your mind, contact us by email at firstname.lastname@example.org, telephone us on 01295 236165 or write to us at Banbury Museum Online Shop, Banbury Museum and Gallery, Spiceball Park Road, Banbury, Oxfordshire OX16 2PQ. You may download and complete the model cancellation form and post or email it to us, but it is not obligatory. To meet the deadline, it is sufficient for you to send your communication concerning your exercise of the right to change your mind before the 14-day period has expired.
- You have to return the goods at your own cost. You have to return the goods to us within 14 days of your telling us you have changed your mind. Returns are at your own cost, unless we offered free returns when you bought the goods. You can:
- bring the goods to our shop at Banbury Museum and Gallery, Spiceball Park Road, Banbury, Oxfordshire OX16 2PQ. You will need your email receipt;
- send the goods back to us, using an established delivery service. If you do this, you should keep a receipt or other evidence from the delivery service that proves you have sent the goods and when you sent them. If you don’t do this and we don’t receive the goods at all or within a reasonable time, we won’t refund you the price. For help with returns, please contact us by email at email@example.com or telephone us on 01295 236165.
- We reduce your refund if you have used or damaged the goods. If you handle the goods in a way which would not be acceptable in-store, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the goods’ condition is not “as new”, price tags have been removed, the packaging is damaged or accessories are missing. In some cases, because of the way you have treated the goods, no refund may be due.
- When and how we refund you. We refund you within 14 days of receiving the goods back from you (or receiving evidence you’ve sent them to us). We refund you by PayPal. We don’t charge a fee for the refund.
- You have rights if there is something wrong with your goods
- Return the goods to us. If you think there is something wrong with your goods, you must either bring them into our shop at Banbury Museum and Gallery, Spiceball Park Road, Banbury, Oxfordshire OX16 2PQ or contact us by email at firstname.lastname@example.org or by telephone on 01295 236165 for further instructions.
- Your rights and remedies if you are a consumer. We honour our legal duty to provide you with goods that are as described to you on our website and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk.
Summary of your key legal rights
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your goods your legal rights entitle you to the following:
- Up to 30 days: if your goods are faulty, then you can get a refund.
- Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
- Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
- Your rights if you are a business. We warrant that on delivery the goods shall:
- conform in all material respects with their description;
- be free from material defects in design, material and workmanship;
- be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
- be fit for any purpose held out by us.
- Your remedies if you are a business. Unless an exception applies (see Exceptions to business customers’ warranty) if:
- you give us notice in writing within a reasonable time of discovery that the goods do not comply with the business customer warranty (see Your rights if you are a business);
- we are given a reasonable opportunity of examining such goods; and
- you return such goods to us at our cost,
we shall, at our option, repair or replace the defective goods, or refund the price of the defective goods in full and this will be your only remedy for breach of the warranty. These terms shall apply to any repaired or replacement goods supplied by us.
- Exceptions to business customers’ warranty. We will not be liable for the goods’ failure to comply with the business customer warranty (see Your rights if you are a business) if:
- you make any further use of such goods after telling us they are non-compliant;
- the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the goods or (if there are none) good trade practice;
- you alter or repair the goods without our written consent; or
- the defect arises because of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
- We can change goods and these terms
- Changes we can always make
- Changes to goods. We can always change goods to reflect changes in relevant laws and regulatory requirements or to make minor technical adjustments and improvements.
- Changes to these terms. We can always make minor changes to these terms. The latest version of the terms will be posted on our website at Terms and Conditions.
- Changes we can only make if we give you notice and an option to terminate. We can also make more significant changes to the goods or these terms, but if we do so we’ll notify you by email and you can then contact us by email at email@example.com or by telephone on 01295 236165 to end the contract before the change takes effect and receive a refund for any goods you’ve paid for, but not received.
- Changes we can always make
- We can end our contract with you. We can end our contract with you and claim any compensation due to us if you don’t, within a reasonable time allow us to deliver the goods to you. We treat your order as cancelled and refund the purchase price.
- We don’t compensate you for all losses caused by us or our goods
- Our liability to consumers. We’re responsible for losses you suffer caused by us breaking this contract unless the loss is:
- Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
- Caused by a delaying event outside our control. As long as we have taken the steps set out in the section. We’re not responsible for delays outside our control.
- Avoidable. Something you could have avoided by taking reasonable action
- A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in Our liability to businesses.
- Our liability to businesses. If you’re a business, then, except in respect of the losses described in Losses we never limit or exclude:
- we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
- our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for goods under such contract.
- Our liability to consumers. We’re responsible for losses you suffer caused by us breaking this contract unless the loss is:
- Losses we never limit or exclude. Nothing in these terms shall limit or exclude our liability for:
- death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
- defective goods under the Consumer Protection Act 1987; or
- any matter in respect of which it would be unlawful for us to exclude or restrict liability.
- No implied terms about goods. Except to the extent expressly stated in Your rights if you are a business, we exclude all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982.
- You have several options for resolving disputes with us
- Our complaints policy. We will do our best to resolve any problems you have with us or our goods as per our Complaints policy:
- You can go to court. These terms are governed by English law. If you are a consumer then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a consumer we can claim against you in the courts of the country you live in. If you are a business you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.
- Other important terms apply to our contract
- We can transfer our contract with you, so that a different organisation is responsible for supplying your goods. We’ll tell you in writing if this happens and if you are a consumer, we’ll ensure that the transfer won’t affect your rights under the contract.
- You can only transfer your contract with us to someone else if we agree to this. If you’re a consumer we may not agree if, for example, the person to whom you wish to transfer the contract has a delivery address outside of the UK. If you’re a business you need our agreement to transfer your contract with us and it’s entirely up to us whether we give it.
- Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
- If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
- Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.