Terms and conditions

Placing orders for real or virtual items or event tickets on this website means that you agree to be bound by the current version of our sales terms These sales terms below were last updated on 19th January 2019, and we have endeavoured to make them as clear and fair as possible.

You also agree to our retaining relevant personal information to allow us to fulfil your requirements and keep you informed about your order. Such information will be held strictly in accordance with current legislation and our own Data Protection Policy.

What the Terms below mean

"we", "us", "our", means The Bailiffgate Museum and Gallery, 14 Bailiffgate, Alnwick NE66 1LX. Registered Charity No. 1127149 and Registered Company No 06615281

"you", "your" means the person ordering products or bookings under these terms.

"working days" means all days other than Saturdays, Sundays, and Public Holidays.

"Goods" means the good or “virtual goods” such as artist’s images that you have ordered from us.

1. Registration

1.1 In order to purchase goods from this website, you need to register your details with us. On registration, you must provide us with accurate, complete registration information and it is your responsibility to inform us of any changes to that information (including in particular your email address) by updating your details in the My Account section.

1.2 You are responsible for all use of your Bailiffgate website ID and for preventing unauthorised use of that ID. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID or any payment information you must notify us immediately by contacting us .

1.3 Your registration does not in itself entitle you to purchase Goods from us and we are not obliged to accept any or all orders that you place with us.

 

2. Formation of contract

2.1 All orders for Goods are offers by you to purchase and accepted only when you receive a confirmation email from us to this effect. This will form a contract, which incorporates these terms and conditions, between you and us (Contract).

2.2 Where the use of the Goods is stated to be subject to any instructions or warnings, they are supplied on the condition that such instructions or warnings will be strictly adhered to.

3. Prices

3.1 All prices for goods or services are quoted exclusive of appropriate taxes and delivery charges and will be current as at time of ordering.

3.2 All Goods are subject to availability. Where stock has run out or Goods cannot for some reason be dispatched, we will contact you by email to inform you of this and give you a likely delivery date for within 14 days. If it is not possible to deliver within 14 days, we will not accept that part of your order. Where these Goods are part of a larger order, we will process and dispatch the available Goods to you in the normal manner in accordance with these Sales Terms.

4. Payment

4.1 Payment authorisation must be provided by you on the date that you place an order for Goods. Payment must be made by credit/debit card. We accept payment by Visa, MasterCard, Switch, Maestro, Solo, American Express and Delta. Payment will be debited from your account before despatch of the Goods to you.

4.2 On some occasions, we are required by the card issuer to perform additional security checks on the payment card, which can delay the order until the card has been authorised.

4.3 You confirm that the credit/debit card that is being used is yours.

4.4 All product prices and delivery charges are shown in UK pounds sterling. Your payment card company will perform any currency conversion, if necessary.

5. Privacy

5.1 We will only use the details supplied by you in accordance with our Privacy Policy.

6. Delivery

6.1 We can arrange deliver to any address in the United Kingdom and in the Republic of Ireland of items where delivery is a stated option. Locations outside the UK cannot however currently receive deliveries.

6.2 There may be a charge for delivery as stated when ordering.

6.3 All delivery times are estimates only and, while we will endeavour to avoid delay, we will not be liable to you for any loss or damage arising from delay in delivery.

6.4 We may deliver the Goods by instalments. Delivery charges will be those set out at the time you placed your order.

6.5 If we are unable to perform the whole or part of the Contract due to any cause or event beyond our reasonable control we may, at our option, by notice in writing to you, cancel or suspend the Contract in whole or in part without liability and without prejudice to our rights to receive payment of the price for all Goods previously delivered.

6.6 If you receive the wrong goods or Goods are damaged in transit, you must contact us within 28 calendar days and confirm to us what has happened.

7.0 Your right to Cancel

7.1 You may cancel your order before delivery or within fourteen working days of the date of delivery by emailing us with full details of your order.

7.2 If you cancel your order after delivery, you must return the unwanted Goods to us unused and in their original packaging at your risk and at your cost within thirty days of cancellation.

8.0 Return Credit

8.1 Provided you return unwanted Goods unused and in the original packaging within thirty days of cancellation, we will credit your payment card with the cost of the unwanted Goods and our delivery charges within thirty days of the date of your cancellation. Refunds will be credited to your payment card and will not be paid in cash. This return credit does not, however apply to virtual sales e.g. images of artist’s work for printing off.

8.2 Returned Goods will be delivered to us at your cost, unless the Goods are defective or damaged and this has been formally agreed by us after your notification of defective/ damaged goods has been received.

8.3 Refunds will not be given where Goods are returned in an unsaleable condition, because of broken seals, opened or defaced packages.

9. Risk/title

9.1 Goods are at your risk from the time of delivery.

9.2 Ownership of the Goods does not pass to you until we have received in full (cash or cleared funds) all sums due in respect of:

9.2.1 the Goods; and

9.2.2 all other sums which are or become due to the us from you on any account.

10. Limitations of liability

10.1 Nothing in these Sales Terms excludes or limits our liability for death or personal injury caused by our negligence or any other liability which cannot be excluded on a point of law.

10.2 Subject to 9.1 above, we will not be liable to you for any loss or damage in circumstances where or to the extent that:

-10.2.1 neither we nor our employees or agents are in breach of a legal duty owed to you;

- 10.2.2 such loss or damage is not a reasonably foreseeable result of any such breach; or

-10.2.3 any increase in loss or damage results from a breach by you of any term of this contract.

10.3 Except as expressly provided in these Sales Terms and save for fraudulent misrepresentation, all conditions, representations and warranties (express or implied, statutory or otherwise) are excluded to the extent permitted by law including without limitation any implied warranties or conditions as to quality, fitness for purpose and reasonable skill and care.

10.4 Under no circumstances, including negligence, shall we or any affiliated company or individual be held liable for any direct, indirect, incidental, special or consequential damage (including, without limitation whether for loss of profit, loss of business, lost data, viruses that may infect your computer, depletion of goodwill or otherwise), costs, expenses or other claims for economic loss (howsoever caused) which arise out of or in connection with the Contract or your use of this website generally.

10.5 We further do not warrant that the website or the products and materials contained on such site are error free, or that errors will be corrected, or that this site or the server from which it is run is free of viruses or other potentially harmful codes.

10.6 Our employees and agents are not authorised to make any representations or give any warranty concerning the Goods unless these are confirmed in writing by us. In entering into the Contract you acknowledge that you do not rely on and waive any claim for any breach of any representation or warranty which is not so confirmed

11.0 General

11.1 Our failure to insist upon the strict performance of any of your obligations under the Sales Terms will not be construed as a waiver and will not affect our rights to require strict performance of such obligations.

11.2 If any provision of the Sales Terms or part thereof is found to be invalid or unenforceable, the invalidity or unenforceability of such provision or part will not affect any other provision or the remainder of the provision in which such invalid or unenforceable part is contained, which will remain in full force and effect.

11.3 All notices will be in writing and maybe served by either party on the other by hand or by first class pre paid post. The address for service, in the case of a notice from you to us, is specified at the bottom of this page and, in the case of a notice from us to you, will be the address stated on your order.

11.4 Nothing in these Sales Terms which form the agreement between you and us will give nor is intended to give rights to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

11.5 This website may provide links to the web sites and services of third parties. Such links are provided for your convenience only, and their provision does not constitute or imply control of or an endorsement of the content of such third party web sites by us. You acknowledge that the use of such third party web sites is governed by the terms and conditions of use as applicable to such websites.

11.6 These terms and conditions will be governed by and construed in accordance with English law and the parties will submit to exclusive jurisdiction of the English courts.

11.7 Neither we nor our affiliates make any representation that materials on this website are appropriate or available for use in locations outside the United Kingdom, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws.

       11.8 You confirm that all goods purchased by you are for private and domestic use, not for re-sale.

12. Comments on how we may improve our service to you

We welcome all feedback regarding our services to you.

If you have any comments about the service you have received from us, please contact us . All communication will be replied to.