Terms & conditions of use of the website

Name of museum: Folkestone Museum

Name of governing body: Folkestone Town Council

Date on which this policy was approved by governing body:

Date at which this policy is due for review:

1. 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 Folkestone 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 Folkestone Museum will take reasonable steps to ensure that data transmitted electronically to Folkestone Museum via the website or otherwise and stored by Folkestone Museum is not accessed by unauthorised third parties. You accept the risk that data transmitted electronically to Folkestone Museum via the website or otherwise may be intercepted before reaching Folkestone Museum or accessed from Folkestone Museum’s data storage by third parties not authorised by Folkestone Museum and may be exploited unlawfully by such unauthorised third parties.

2.4 Folkestone 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 Folkestone Museum does not exercise any control whether financial, editorial or of any other kind and are not in any way endorsed by Folkestone 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 Folkestone Museum is authorised to recommend non-approved uses and you should not rely on any such recommendations.

4.4 Folkestone 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 Folkestone 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 Folkestone Museum or any employees or agents of Folkestone Museum; and

(c) provided the losses are a foreseeable consequence of Folkestone 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 Folkestone Museum at the time the website is made available to the User.

4.5 Folkestone 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 Folkestone 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 Folkestone 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 Folkestone Museum’s liability for death or personal injury arising from the negligence of Folkestone Museum, its employees, agents or contractors resulting from the use of the website.

4.8 Folkestone Museum publishes the images and information on the website in good faith. Folkestone 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. Availability of website

5.1 Folkestone 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 Folkestone Museum to provide a completely fault free service and Folkestone Museum gives no guarantees or warranties express or implied as to the quality or reliability of access to the website.

5.2 Folkestone 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, Folkestone Museum will where possible give notice of any suspension or cancellation on the website.

6. Waiver

The failure by Folkestone 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.

7. 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.

8. Contact

In the event of any queries about how to use the website, please email us at museum@folkestone-tc.gov.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.

Folkestone Museum will provide the goods upon the following conditions of sale:

1. Technical steps to complete contract to purchase goods

See ”How to order” (links to Folkestone Museum online shop site) for details of the steps to follow to place and amend/cancel an order.

1. Folkestone Museum invites you to view the goods as displayed on the website.

1. 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” (external link).

1. 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. Folkestone Museum may at its option either accept or reject your offer to purchase and pay for the goods online.
2. If Folkestone Museum rejects your offer to purchase online you will be notified and advised of an alternative method of purchase, if available.

1. Folkestone Museum shall not be required to disclose or explain any acceptance or rejection of offers unless otherwise set out in the Special Conditions.

1. 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. Folkestone Museum reserves the right to terminate or suspend the processing of an order if it is necessary for technical or legal reasons.

1. Folkestone 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. If Folkestone 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 Folkestone 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, Folkestone 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 with the exception of council tax, housing, rents, Penalty Charge Notices and other miscellaneous invoices which will be paid for in accordance with the appropriate Special Conditions.

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 Folkestone 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

Folkestone 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. Folkestone Museum will charge for postage and packing based on the amount you spend (see “Delivery charges”, link to Folkestone Museum online shop website). This amount will appear on the confirm order page before you place the order.

4. Despatch of goods

4.1 If Folkestone Museum accepts your offer, it will use all reasonable endeavours to prepare and despatch the goods within the time scales set out in the appropriate Special Conditions or if not stated within 30 days beginning the day after the day you sent your order to Folkestone Museum (“the Period for Performance”). Please note that, as different items may be supplied from different departments, despatch and delivery times may vary.

4.3 Delivery will be made by Royal Mail in the UK or otherwise by air mail and Folkestone 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 Folkestone Museum (see clause 10, external link). Where Folkestone 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.

4.4 Subject to clause 4.4 below, where Folkestone Museum is unable to deliver the goods within the Period for Performance for stock supply or other reasons within its control Folkestone Museum will inform you and, where possible, propose a revised delivery/performance date. If you do not agree to the revised delivery / performance date Folkestone 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 Folkestone Museum is unable to supply the goods ordered by you, Folkestone 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 Folkestone 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 Folkestone Museum will refund reasonable delivery charges incurred in returning the incorrectly described, defective or damaged goods in question.

6.3 Folkestone Museum will replace at no extra cost any goods which are lost in transit and which Folkestone Museum is satisfied are lost provided that you notify Folkestone 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 an order for the supply of goods at any time from the day on which the contract is concluded (i.e. the Order Confirmation email is sent) until the expiry of the period of seven “working days (external link)” (beginning with the day after the day on which you receive the goods), by giving written notice of cancellation to the person specified on the Order Confirmation email. The notice of cancellation can be given in any of the following ways:

(a) by hand delivering the notice to the address set out on the Order Confirmation email;

(b) by sending the notice by post to the address set out on the Order Confirmation email;

(d) by sending the notice by email to the email address stated on the Order Confirmation email.

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 or which by reason of their nature cannot be returned;

(d) tickets (e.g. tickets for an exhibition).

7.3 If you cancel the contract once the goods have been despatched, you must return the goods to Folkestone Museum at the address stated on the Order Confirmation email at your own expense except in the case of any substitute goods offered by us but not accepted by you which will be returned at Folkestone Museum’s expense or in the case of goods which are incorrectly described or found to be damaged or defective. Prior to cancellation you shall be under a duty to keep the goods and take reasonable care of them. On returning the goods you should take reasonable care to ensure that the goods are received by Folkestone Museum and are not damaged in transit.

7.4 If Folkestone Museum has to recover the goods from you on cancellation or you return them at Folkestone Museum’s expense, we reserve the right to deduct direct costs and charges from any refund due to you.

7.5 Subject to any deductions made in accordance with clause you will be entitled to a full refund provided that the goods are returned in their original condition and with their original packaging.

7.6 Folkestone Museum reserves the right to deduct a percentage of the refund value of the returned goods if the condition of the goods requires a reduction in the resale price.

7.7 Folkestone Museum will reimburse you as soon as relevant financial processes allow and in any event within a period not exceeding 30 days beginning with the day on which the notice of cancellation was given.

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 Folkestone Museum of the unauthorised purchase as soon as you discover it; and

(ii) co-operate with your payment card provider, the Police and Folkestone Museum in relation to the unauthorised use.

9. Liability and events beyond Folkestone Museum’s control

Neither you nor Folkestone 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 Folkestone Museum’s Comptroller and City Solicitor.

13. Miscellaneous

13.1 You will protect Folkestone 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 Folkestone Museum’s rights in the goods.

14. Miscellaneous

14.1 You will protect Folkestone Museum’s copyright and all other intellectual property rights in the goods while they remain in your care and control.

14.2 If you sell or transfer any of the goods purchased you will notify any subsequent owner of Folkestone Museum’s rights in the goods.

15. Complaints

In the unfortunate event that you wish to raise a complaint in relation to the online shop, or for any other matter in connection with the rest of Folkestone Museum website, please write to:

Museum Manager

Folkestone Museum

The Town Hall

1-2 Guildhall Street

Folkestone

Kent

CT20 1DY

email: museum@folkestone-tc.gov.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 distance selling regulations

Under the Distance Selling Regulations 2000, unless one of the exceptions applies, you have a cooling off period (seven working 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: https://www.gov.uk/consumer-protection-rights

The Department of Trade and Industry’s ConsumerDirect website at:
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 www.adviceguide.org.uk, or Trading Standards Department at http://www.tradingstandards.gov.uk/consumers/consumers.cfm.