TERMS OF PURCHASE – AS AT JULY 18th 2019
These Terms of Purchase will apply to any contract between us for the sale of Products to you ("Contract"). Please read them carefully and make sure that you understand them before ordering any Products from us. Please note that before placing an order for Products ("Order") you will be asked to agree to these Terms of Purchase. If you refuse to accept these Terms of Purchase, you will not be able to order any Products from the Site.
We may amend these Terms of Purchase from time to time. Every time you wish to order Products, please check these Terms of Purchase to ensure you understand the legal terms and conditions which will apply at that time. You should print a copy of these Terms of Purchase or save them to your computer for future reference.
1. INFORMATION ABOUT US
The website available at shop.turnercontemporary.org ("the Site") is owned by Turner Contemporary Enterprises Ltd (referred to in these Terms of Purchase as "our", "us" or "we"), a company registered in England and Wales under company number 07402604 and a charity registered in England and Wales with charity number 1129974 with our registered office (and main trading address) at Turner Contemporary, Rendezvous, Margate, Kent, CT9 1HG. Our VAT number is 256523989.
2. CONTACTING US
(a) To contact us to cancel a Contract, please see clause 7.
(b) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our Customer Services team at +44 (0) 1843 233 000 or by emailing us at [email protected]
(c) If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your Order (as defined below).
3. USE OF THE SITE
4. HOW WE USE YOUR PERSONAL INFORMATION
5. SPECIFICATIONS OF PRODUCTS AND AGE RESTRICTIONS
5.1 Specifications of our Products which appear on the Site are intended only to give a general description and indication of the Products. Actual colours, sizes, weights, capacities and other specifications of Products indicated on the Site may vary from the specifications of the actual Products.
5.2 There are certain Products available for purchase through the Site which you may only purchase if you are at least 18 years old. The age restrictions applicable to the sale of such Products will be noted on the relevant page(s) of the Site. Where applicable, we reserve the right to cancel any purchase of Products where we reasonably believe that you are not at least 18 years old or are purchasing Products on behalf of somebody aged under 18 years.
6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
6.1 Our shopping pages will guide you through the steps you need to take to place an Order with us. Our order process allows you to check and amend any errors before submitting your Order to us. Please read and check the details carefully at each stage of the order process.
6.2 After you place an Order, you will be redirected to the web page confirming that we have received your Order. However, please note that this does not mean that your Order has been accepted. Our acceptance of your Order will take place as described in clause 6.3.
6.3 We will confirm our acceptance of an Order by sending you an email which confirms that the Products have been ordered ("Order Confirmation"). The Contract between us will only be formed when we send you the Order Confirmation.
6.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our Site (see clause 10.5(b)), we will inform you of this by email and we will not process your Order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
7. YOUR RIGHT TO CANCEL A CONTRACT
7.1 As a consumer, you have a legal right to cancel a Contract (and receive a refund) if you change your mind or decide for any other reason that you do not want to receive or keep a Product. Please note, this cancellation right does not apply in the case of pierced earrings and pre-ordered framing and any Products which are unsealed after their delivery.
7.2 Your legal right to cancel a Contract starts from the date of the Order Confirmation (the date on which we email you to confirm our acceptance of your Order), which is when the Contract between us is formed. Your deadline for cancelling the Contract is the date 14 days after the day on which you receive the Product or, if the Products are delivered in instalments, 14 days after the day on which you receive the last instalment of the Products ordered.
7.3 To cancel a Contract, you just need to let us know that you have decided to cancel, please contact the retail team by email, phone or post. A link to the online cancellation form will be included in our Order Confirmation. If you use this method, we will email you to confirm we have received your cancellation. You can also email us at [email protected] or contact our retail team by telephone on +44 (0) 1843 233 000 or by post to the above address. If you are emailing us or writing to us please include details of your Order to help us to identify it. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you send us the email or post the letter to us.
7.4 If you cancel your contract, we will:
(a) refund you the price you paid for the Products. Products to be returned must clearly show the Order number of the original purchase on the package. Please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop;
(b) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer; if you elected express delivery, the additional costs will not be refunded; and
(c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 7.6;
(ii) if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
7.5 We will refund you on the credit card or debit card used by you to pay.
7.6 If a Product has been delivered to you before you decide to cancel your Contract:
(a) then you must return it to us (to the returns address set out in clause 7.10) without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract; and
(b) unless the Product is faulty or not as described (in this case, see clause 7.7), you will be responsible for the cost of returning the Products to us.
7.7 If you have returned the Products to us under this clause 7 because your Order was wrong, or if the Products are faulty or not as described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable delivery costs you incur in returning the item to us.
7.8 If we have to revise these Terms of Purchase as they apply to an Order already made by you, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
7.9 As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 7 or anything else in these Terms of Purchase. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
7.10 Our address for returns is: Turner Contemporary, Rendezvous, Margate, Kent, CT11 9LZ.
8.1 We will contact you with an estimated delivery date, which will normally be within 30 days of the date of the Order Confirmation (the date on which we email you to confirm our acceptance of your Order). Occasionally, our delivery to you may be affected by an Event Outside Our Control. See clause 14 for our responsibilities when this happens.
8.2 If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to your local Royal Mail office or to your local dispatch depot, in which case, please see the note that will allow you to rearrange delivery.
8.3 Delivery of an Order shall be completed when we deliver the Products to the address you gave us, and the Products will be your responsibility from that time.
8.4 You own the Products once we have received payment in full, including all applicable delivery charges.
8.5 If we miss the 30 day delivery deadline for any products, then you may cancel your Order straight away if any of the following apply:
(a) we have refused to deliver the Products;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your Order that delivery within the delivery deadline was essential.
8.6 If you do not wish to cancel your Order straight away, or do not have the right to do so under clause 8.5, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
8.7 If you do choose to cancel your Order for late delivery under clause 8.5 or clause 8.6, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
9. PRICE OF PRODUCTS AND DELIVERY CHARGES
9.1 The prices of the Products will be as quoted on the Site at the time you submit your Order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, please see clause 10.5 for what happens if we discover an error in the price of Product(s) you ordered.
9.2 Prices for our Products may change from time to time, but changes will not affect any Order you have already placed.
9.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your Order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
9.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your Order. To check relevant delivery charges, please refer to our Delivery and returns page on the website.
9.5 It is always possible that, despite our efforts, some of the Products on the Site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(a) where the Product's correct price is less than the price stated on our Site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
(b) if the Product's correct price is higher than the price stated on the 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 Product 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.
10. HOW TO PAY
11.1 You can only pay for Products using a debit card or credit card, gift card or sales voucher. We accept the following cards: Amex, Mastercard, Visa.
11.2 Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card (or debit your gift card or sales voucher, if applicable) until we dispatch your Order.
11. OUR LIABILITY TO YOU
11.1 If we fail to comply with these Terms of Purchase, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Purchase or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
11.2 We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
12. EVENTS OUTSIDE OUR CONTROL
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control means any act or event beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
12.2 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
12.3 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel such a Contract, please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received, and we will refund the price you have paid, including any delivery charges.
13. OTHER IMPORTANT TERMS
13.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms of Purchase. We will always notify you in writing or by posting on this web page if this happens.
13.2 You may only transfer your rights or your obligations under these Terms of Purchase to another person if we agree to this in advance in writing.
13.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.4 Each of the paragraphs of these Terms of Purchase operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
13.5 If we fail to insist that you perform any of your obligations under these Terms of Purchase, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
13.6 These Terms of Purchase are governed by English law and are available only in English. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction over any dispute or claim arising under these Terms of Purchase.