Terms & Conditions
Terms and Conditions of Sale
Fashion and Textile Museum
The Fashion and Textile Museum is owned and operated by Newham College of Further Education
By ordering any goods or tickets or gift vouchers or booking any events via this site, you agree to be bound by these terms and conditions of sale (“terms of sale”).
Please read these terms of sale carefully before placing any order on this site.
Where indicated on the relevant page of the site, specific terms and conditions may apply to certain goods, tickets and/or gift vouchers and/or events, in addition to and/or instead of these terms of sale, and you also agree to be bound by those specific terms and conditions.
1. INFORMATION ABOUT US
1.1. This site is operated by the Fashion and Textile Museum, Newham College of Further Education
(the “Museum” /“College” / “we” / “our”). Unless otherwise stated, we are the supplier of the goods, tickets, gift vouchers and events available via this site.
1.2. The College is a Further Education Institution incorporated by Special Act of Parliament and based in the United Kingdom. Our main address is Newham College of Further Education, East Ham Campus, High Street South, London E6 6ER.
1.3. The Museum is owned and operated by the College. The Museum address is 83 Bermondsey Street, London, SE1 3XF
2. USE OF THE SITE
2.1. Your use of this site is governed by our Terms and Conditions of Use.
In these terms of sale:
Contract means the contract formed when we accept your Order by sending you our Order Confirmation;
Event means any event available to book on this site including but not limited to, special events, talks, workshops, computer courses and short courses;
Gift Voucher means a gift voucher issued solely by the Fashion and Textile Museum;
Goods means any goods available to purchase on this site;
Order means your order for goods or gift vouchers or tickets or your event booking, placed via this site;
Order Confirmation has the meaning given to it in paragraph 4.2;
Ticket means a ticket for admission to the Fashion and Textile Museum or for a ticketed service, available to purchase on this site; and
Ticketed service means a service to which a holder of a ticket will have access, such as admission to a venue or attendance at concerts, performances and/or exhibitions.
4.1. The Order constitutes an offer by you to buy the goods or tickets or gift vouchers or to book the event(s) specified in your Order, on these terms of sale. All Orders are subject to acceptance by the Museum. Where the Museum accepts an Order, it will confirm its acceptance to you by email. This email is referred to as our “Order Confirmation”.
4.3. The Contract between you and the Museum will only be formed when you are sent the Order Confirmation, and not before.
4.4. All Orders are subject to availability. If, for any reason, any or all of the goods or tickets or gift vouchers you have ordered, or the event(s) you have booked, become unavailable after the date of our Order Confirmation, we will make reasonable efforts to notify you of this as soon as we are able to do so.
5. SUBSTITUTIONS AND VARIATIONS
5.1. Where any or all of the goods you have Ordered are unavailable, we may occasionally substitute goods of a similar description and which are of equivalent quality and price. If you are not happy with the substitute goods you should contact us within 7 days of receiving them and we will:
5.1.1. either arrange to collect the substitute goods on a date agreed between us or ask you to return the goods to us at our cost; and
5.1.2. provide you with a full refund, including delivery charges and (if applicable) any reasonable costs you incur in returning the substitute goods to us.
5.2. We aim always to run events and provide ticketed services as described on the site, but it may occasionally be necessary to alter certain aspects of events and/or ticketed services, such as the time, date, content, location, opening hours, performers, tutors, and/or speakers. If this is the case, we will try where possible to give you advance notice of the alteration. If you are a consumer, and the alteration means that you no longer wish to attend the event or purchase the relevant tickets, you will be entitled to cancel your Order without charge.
6. DELIVERY / TIME FOR PERFORMANCE
6.1. Subject to paragraphs 5.1 and 17, we will deliver goods by the delivery date specified in the Order Confirmation or, if no delivery date has been specified, within 30 days of the date of the Order Acceptance. Exceptionally, circumstances may prevent us from delivering goods on time. We will do our best to inform you in advance where this is the case.
6.2. Subject to paragraphs 5.2, 10 and 17, tickets will be provided, and events will take place, on the date(s) specified on the site and/or in the Order Confirmation for that particular Service and/or event.
7. RISK AND TITLE
7.1. We bear the risk of any loss of or damage to goods whilst they are being delivered to you. This risk passes to you from the time the goods are received or left at the delivery address specified in the Order Confirmation. If delivery is delayed due to any act or omission on your part, we may either: (a) cancel your Order and refund any sums already paid by you, less any applicable delivery charges for the failed delivery; or (b) at our option, store the goods at your risk and cost until delivery can take place and charge you any applicable delivery charges both for the failed delivery and any repeat attempt(s).
7.2. Ownership of goods and/or Gift Vouchers and/or tickets will only pass to you when the Museum receives payment in full of all sums due in respect of the goods or gift vouchers or tickets, including any applicable delivery and/or processing charges.
8. PRICE AND PAYMENT
8.1. Prices and any applicable delivery and/or processing charges will be as quoted on the site from time to time.
8.2. Prices include VAT where applicable unless it is stated otherwise on the relevant page of the site.
8.3. Processing and delivery charges are liable to change at any time (in which case the site will be updated accordingly, but changes will not affect Orders in respect of which you have already been sent an Order Confirmation.
8.4. The site contains details of a large number of goods, gift vouchers, tickets and events and it is possible that, despite the Museum’s best efforts, some of the pricing and other information shown for certain goods, gift vouchers, tickets and events is incorrect. Where the correct price is lower than the price stated on the site you will be charged the lower amount unless paragraph 8.5 below applies. If a price is higher than the price stated on the site, the College may either (a) contact you to see whether or not you wish to go ahead with the Order; or (b) cancel your Order and notify you of the cancellation, in which case we will refund the price already paid by you (if any).
8.5. If a pricing error is obvious and unmistakable, and could reasonably have been recognised by you as an error, the Museum is under no obligation to supply goods or gift vouchers or tickets to you, or allow you to attend an event, at the incorrect (lower) price, even after sending the Order Confirmation.
8.6. Payment for all products must be made in pounds sterling by credit or debit card, using our online payment facility. You will need to register with the site and be issued with a unique user ID before you can use this facility. You will be responsible for protecting the confidentiality of this user ID and any password or other security information used by you to access your account on the online payment facility. Please note that the Museum only accepts payment by the following cards: MasterCard, Solo/Switch, Visa and Maestro. Any currency conversion costs, or other charges incurred in making a payment will be borne by you in addition to the price due to us.
8.7. The Museum takes reasonable care to ensure that its online payment facility is available and functioning at all times, but cannot guarantee continuous, uninterrupted or secure access to such facility, nor can we guarantee that the facility is virus or error free. We also try to ensure that your payments are processed promptly, but it is often difficult to predict the amount of time needed to complete processing because it is dependent upon many factors outside of our control, such as delays in the banking system or in card networks. Access to the Online Payment facility may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to provide reasonable notice of any scheduled interruptions to such facility and will do what we can to restore the facility as soon as reasonably possible.
9. CANCELLATION BY YOU
9.1. If you are a consumer, you have the following statutory cancellation rights:
You may cancel any Contract for the purchase of goods within 14 working days (not including weekends or bank holidays) after the day on which you receive the goods.
9.1.2. Tickets / Events
You may cancel any Contract for the purchase of tickets and/or event bookings within seven working days (not including weekends or bank holidays) after the day on which you are emailed the relevant Order Confirmation. You will lose this right to cancel if you use your ticket and/or attend the event (or any one of a series of events) within this seven-day period.
9.1.3. Fashion and Textile Museum Gift Vouchers
Are valid for 12 months from the date of purchase. Gift Vouchers cannot be cancelled, refunded or exchanged for cash.
If you wish to cancel a Contract under this paragraph 9.1, you must inform the Museum in writing by email and promptly return any goods or tickets you have already received, at your own cost, in the same condition in which they were received by you and by a method that has proof of postage. You have a legal obligation to take reasonable care of goods while they are in your possession. If you fail to comply with this obligation the Museum may have a right of action against you for compensation.
9.2. If you cancel a Contract in accordance with paragraph 9.1, you will receive a full refund of the price paid for the goods, tickets or event, together with any delivery charges you have paid. We will process the refund due to you as soon as possible and, at the latest, within 30 days of receiving your notice of cancellation.
9.3. You do not have the right to cancel a Contract for the supply of the following types of goods:
- goods that have been made to your personal specification;
- goods which by their nature cannot be returned, such as perishable items, earrings or cosmetics;
- goods which consist of audio or video recordings, digital content, or computer software, where the sealed packaging has been opened or damaged by you
9.4. Details of your statutory right of cancellation are also provided in the Order Confirmation.
9.5. If any goods you receive are faulty or later develop a fault, you should notify us in writing and we will either arrange to collect the goods on a date agreed between us or ask you to return the goods to us at our cost. We will inspect the returned goods and, if we agree that they are faulty, we will (unless one of the exceptions in paragraph 11.3 applies):
9.5.1. provide you with a full or partial refund, including delivery charges and any reasonable costs you incur in returning the goods to us;
9.5.2. replace the goods; or
9.5.3. repair the goods and return them to you.
9.6. Orders for tickets and event bookings may be cancelled by you without charge at any time up to 30 days prior to the date of the event or (as the case may be) the date shown on the ticket(s). You will lose this right to cancel if you use your ticket and/or attend the event (or any one of a series of events) before this deadline expires. Tickets and event bookings are usually non-refundable after this time, except under paragraph 9.1. If you cancel an Order for tickets or an event booking under this clause 9.7, any sums you have paid for the relevant tickets or event will be fully refunded to you, less any applicable delivery and/or processing charges.
9.7. Where you are entitled to a refund, the Museum will process the refund as soon as possible and, at the latest, within 30 days of confirming that you are entitled to it.
10. CANCELLATION BY US
10.1. The Museum reserves the right to cancel any event or ticketed service at its sole discretion at any time prior to the date for providing that event or ticketed service. Where such a cancellation takes place, the Museum will notify you in writing by email of that cancellation and will either offer you an alternative event or ticketed service, or an alternative date and/or time for the event or ticketed service originally Ordered, or will refund you the amount paid in respect of the relevant Order.
10.2. The Museum shall not be liable for any costs, losses or expenses that you may incur as a result of its cancellation of an event, exhibition, performance or venue, including but not limited to any travel costs.
11. OUR WARRANTIES
11.1. We warrant that all goods and ticketed services will (subject to clause 5) conform to the descriptions set out on this site or in other Museum and College information, publications or materials and that:
11.1.1. the goods will be of satisfactory quality and be reasonably fit for all the purposes for which goods of that kind are commonly supplied; and
11.1.2. the events and ticketed services will be conducted and/or carried out or provided with reasonable skill and care.
11.2. All other warranties are, to the fullest extent permitted by law, excluded from any Contract made under these terms of sale.
11.3. Goods are classified as faulty if they are received damaged, or when a manufacturing fault occurs within 6 months of purchase. We will not be liable for or in connection with any defect or deterioration in goods caused by or arising from:
11.3.1. fair wear and tear;
11.3.2. damage to the goods caused by you or any third party (other than third parties under our control), whether deliberately or by accident;
11.3.3. use of the goods other than in the manner instructed or recommended by us or the manufacturer;
11.3.4. any alteration or repair made to the goods without our prior written approval.
12. YOUR WARRANTIES
12.1. By placing an Order using the site, you warrant that:
12.1.1. you are legally capable of entering into binding contract;
12.1.2. you are at least 18 years old; and
12.1.3. any personal information you provide to us will be complete and accurate.
13. THIRD PARTY SALES
13.1. Please note that in some cases the College accepts Orders as agents on behalf of third party sellers. In these cases, Contract will be between you and the third party and will be subject to the terms and conditions of that third party seller (and not these terms of sale), which they will advise you of themselves.
13.2. The College may provide links on the site to the websites of other companies, whether affiliated with the College or not. The College cannot give any guarantee as to the quality or suitability of any products or services you purchase from third party sellers through the site, or from companies to whose website we have provided a link through the site, and we accept no liability for any defect in any such products or services.
14.1. Where we have been negligent and/or breached a contractual obligation to you, we will be liable for any loss or damage you suffer as a result, as long as the loss and/or damage is foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our negligence or breach of contract, or would have been considered by you and us to be a likely consequence of it at the time we entered into the Contract.
14.2. We do not accept any liability for the following types of loss, whether caused by breach of contract, tort (including negligence) or otherwise, even if the loss is foreseeable:
14.2.1. loss of income or revenue;
14.2.2. loss of business;
14.2.3. loss of profits;
14.2.4. loss of anticipated savings;
14.2.5. loss of data; or
14.2.6. waste of management or office time.
14.3. We do not exclude or limit our liability for death or personal injury arising from our negligence, for fraud or fraudulent misrepresentation, or for any other liability which cannot be excluded or limited under applicable law.
15. IMPORT DUTY
15.1. If you Order goods from the site for delivery to countries outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for paying any such import duties and taxes. Please note that the College has no control over these charges and cannot predict their amount.
15.2. You must also ensure that you comply with all of the applicable laws and regulations of the country for which the Products are destined, and the College will not be liable for any breach by you of any such laws.
17. EVENTS BEYOND OUR CONTROL
17.1. We will not be liable for any breach of our obligations in any circumstances where our failure to perform our obligations is caused in whole or in part by your failure to perform any of your obligations under these terms of sale, including but not limited to any failure or delay in making payment or accepting delivery.
17.2. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms of sale that is caused by events outside our reasonable control, such as strikes, lock-outs or other industrial action; terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or impossibility of the use of public or private transport. We will notify you as soon as we can, if any such event arises, and our obligations under these terms of sale will be suspended for the period that the event continues. We will take reasonable steps to bring any such event to a close or to find a means of performing our obligations despite the occurrence of the relevant event.
18. NOTICES AND COMMUNICATION
18.1. All communications and notices from you must be sent to the Museum by email at firstname.lastname@example.org.
18.2. The Museum may communicate and give notice to you via post, email or by posting notices on the website. Notice will be deemed received and served immediately when posted on the site, 24 hours after an email is sent, or 2 days after the posting of a letter by first class post. In proving the service of any notice it will be sufficient to prove that, in the case of a letter that letter was correctly addressed, stamped and posted, and in the case of an email that the email was correctly addressed and sent.
19.1. Your Contract will be made on the terms of sale in force at the time that you place your Order, subject to the following provisions of this paragraph 19.
19.2. Occasionally we may be required to change these terms of sale by law or governmental authority. In such cases the amended terms of sale will apply to Orders previously placed by you but not yet fulfilled.
19.3. We also reserve the right to revise and amend these terms of sale from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. Where we notify you the change to these terms of sale before sending you the Dispatch or Purchase Confirmation, we will assume that you have accepted the change to the terms of sale unless you notify us to the contrary within seven working days of receipt by you of the relevant Dispatch or Purchase Confirmation.
19.4. If you are a consumer, you have the right to cancel any Order without charge if we change our terms of sale and the change is likely to be materially detrimental to you. You must exercise this right within 30 days of being advised of the relevant change to our terms.
20. THIRD PARTY RIGHTS
No person other than a party to a Contract under these terms of sale will be entitled to enforce any provision under these terms of sale.
21.1. If we fail at any time to insist that you perform any of your obligations under these terms of sale, or if we do not exercise any of our rights or remedies under these terms of sale, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, this does not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these terms of sale will be effective unless we expressly say that it is a waiver and we tell you so in writing.
21.2. If any of these terms of sale are determined by a competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
21.3. These terms of sale will be governed by and construed in accordance with the laws of England. You and we each agree that the English courts will have non-exclusive jurisdiction over any claim or dispute arising from, or related to, the ordering and/or supply of goods, services or events via the site.
Last reviewed: 14/04/2020