Online shop - terms and conditions of sale

DEACTIVATED Nov 2022 - these are now old Ts&Cs

This legal notice applies to all purchases made through the website under the domain names

www.nhm.ac.uk

www.naturalhistorymuseum.org.uk

www.nhmshop.co.uk

www.nhmshop.com (henceforth referred to as the “Website”).

By purchasing products through the Website you are entering into an agreement with The Natural History Museum Trading Company Limited, whose registered office is at Cromwell Road, London SW7 5BD (henceforth referred to as “NHM”) on the terms and conditions set out below.

NHM is a wholly owned subsidiary of the Natural History Museum (“the Museum”) and performs the Museum’s trading activities. It is incorporated in England as a private company limited by shares under the Companies Acts (Company Number: 02909102).

All profits of NHM are transferred to the Museum (the Museum being a charity) under a gift aid declaration.

These terms and conditions of sale are additional to and not a substitute for the general terms and conditions of use of the Museum’s  website.

 

1. Purchase of products from the shop

Specifications on the Website of the products to be supplied by NHM are not intended to be binding and are intended only to give a general description of the products.

NHM reserves the right to make any changes in the specification necessary to comply with any applicable legal requirements and to change the specification published on the Website, provided this does not materially affect the quality or performance of the products.

NHM warrants that it has the right to supply all products offered by it on the Website In all other respects, and to the maximum extent permissible, NHM makes no other warranties or promises about the products, and any implied warranties are excluded.

 

1 a) Availability, prices and information of products

NHM does not promise that products are available, and all products are offered for sale subject to availability.

The price of the products shall be the price listed on the Website on the date of your order (inclusive of VAT but exclusive of delivery charges, which are payable by you).

All prices displayed on the Website are quoted in pounds sterling (GBP) and must be paid in full, including delivery charges, except where discounts are offered as detailed on the Website.

 

1 b) Ordering

When you click on the “Submit order” button on the “Check your order”  page NHM will treat the order as an offer by you to purchase the products subject to these terms and conditions of sale.

You are responsible for ensuring the accuracy of your order and if NHM accepts your offer they shall supply you, subject to availability, with the quantity and specification of products set out in your order.

If NHM accepts your offer they shall confirm each order online via the internet or by email and such confirmation shall be NHM's acceptance of the contract between the parties.

 

1 c) Delivery

All products will be delivered to the address that you enter during checkout and NHM is not responsible for delays and failures in delivery due to incorrect delivery information. Risk of damage to or loss of the products shall pass to you at the time of delivery even if the products have not been received by you in person.

Any times quoted for delivery are approximate only.

NHM shall not be liable for any delay in delivery of the products howsoever caused.

NHM shall confirm each order in writing by sending you a printout of the order with your products.

 

1 d) Cancellation and returns

NHM wants you to be totally satisfied with your order but if you would like to cancel your order and return the products you must return the original product back to us within 28 days of receipt of the order.

NHM will refund you the full cost of the order (including the cost of delivery) within 30 days of receipt of your product, sending you an email to confirm.

We will not refund the cost of return postage to us unless the products are faulty.

Goods must be returned to us at the following address:

E-Commerce Dept.

Natural History Museum

Cromwell Road

London

SW7 5BD

 

You may not cancel your order if it is for:

(a) products that fluctuate in price dependent on the financial market, which cannot be controlled by NHM;

(b) products that are made to your specifications or clearly personalised, such as prints on demand;

(c) products that cannot be returned or are liable to deteriorate or expire rapidly;

(d) audio or video recordings in any format or computer software, that have been provided in a sealed package and that have been unsealed by you;

(e) newspapers, periodicals or magazines or the supply thereof (this includes all subscriptions for newspapers, periodicals or magazines);

(f) gaming and lottery services; or

(g) NHM Membership, due to the immediate availability of benefits for Members.

 

2. Purchase of e-tickets for Museum events and exhibitions

In purchasing e-tickets for Museum events and exhibitions you enter into an agreement with the Natural History Museum on these e-ticket specific terms that incorporate the ‘common terms’ on this website applicable to all transactions.

A booking fee will be made against each transaction. This booking fee is flat rate and applies to the purchase of any number of e-tickets and to all classes of e-ticket.

 

3. Personal data

The Natural History Museum will process the personal data that you provide in the course of any transaction (with the exception of credit card details, which shall be kept confidentially by our third party payment provider) in accordance with data protection legislation and Clause 6 of the terms and conditions of use of the Natural History Museum website. For more information please read our privacy notice.

 

4. Limitation of liability

NHM's liability to you is limited to refunding the price of the products as provided for above in Clause 1d. NHM is not responsible to you to any greater extent and in particular is not liable to you for any indirect or consequential loss (including without limitation financial loss such as loss of profit, or otherwise) that you may incur as a consequence of its failure to comply with these terms and conditions of sale.

Nothing in these terms and conditions of sale shall serve to exclude or limit NHM's liability in respect of death or personal injury caused by NHM's negligence or the negligence of its officers or employees or for any fraudulent misrepresentation.

 

5. Changes to the terms and conditions of sale

Our terms and conditions of sale may be changed. Please review them regularly.

If you continue to use the website after a change has been made you are deemed to have accepted the change.

 

5.1. Changes to any offer or promotion

We reserve the right to cancel or alter the terms of any offers or promotions without warning. Please contact us for information on any changes.

 

6. Law and jurisdiction

These terms and conditions of sale shall be governed by and construed in accordance with the laws of England and Wales.

Any disputes arising in relation to the website shall be subject to the exclusive jurisdiction of the courts of England and Wales.

If any of these terms or conditions of sale should be determined to be illegal, invalid or otherwise unenforceable, it shall be deemed deleted and the remaining terms and conditions shall survive and continue to be binding and enforceable.

 

7. Comments and complaints

If you have any comments or complaints to make about purchases made through the website please send them to:

E-commerce Department

The Natural History Museum

Cromwell Road

London

SW7 5BD

Or email hello@nhmshop.co.uk

 

These terms and conditions of sale are additional to and not a substitute for the terms and conditions of use of the Natural History Museum website.

Last updated: 22/05/2018

By purchasing products through:

http://www.nhmshop.co.uk or http://www.nhmshop.com (together referred to as the “Website”), you are entering into an agreement with the Natural History Museum Trading Company Limited on the terms and conditions set out below.

Please read these terms and conditions carefully before you place an order on the Website, as they set out important information about your and our rights and obligations.

Your attention is particularly drawn to clauses 17 (consumers) and 18 (businesses) which sets out important limits and exclusions of our liability to you.

You must be at least 18 years old to place an order on the Website.

To avoid any uncertainty, this agreement does not apply to the purchase of tickets or membership on the Websites. The relevant terms and conditions for those are as follows:

• Tickets (see https://www.nhm.ac.uk/about-us/ticketing-terms-and-conditions-of-sale.html); or
• Membership (see https://www.nhm.ac.uk/resources/support-us/membership/terms-and-conditions.pdf)

 

1. About us

1.1 We are a private limited company incorporated in England (company number: 02909192) whose registered office is at Cromwell Road, London SW7 5BD.

1.2 The Natural History Museum Trading Company Limited is a wholly owned subsidiary of the exempt charity The Trustees of the Natural History Museum (the “Museum”) and performs the Museum’s trading activities. All profits of The Natural History Museum Trading Company Limited are transferred to the Museum (the Museum being a charity) under a gift aid declaration.

 

2. These terms

2.1 Any reference to ‘we’, ‘us’, ‘our’ or ‘NHM’ in these terms is to The Natural History Museum Trading Company Limited. Any reference to ‘you’ or ‘your’ is to the person placing an order on the Website.

2.2 We may make changes to these terms at any time without notifying you. Your continued use of the Website following such change shall be deemed to be your acceptance of such change. However, the terms which apply to your order will be those in force at the time you submitted your order to us.

2.3 Please print out or save a copy of these terms and any emails from us for your records, as we will not save or file a copy for you. These terms are only available in English.

2.4 Your use of our Website is governed by our Website Terms and Conditions of Use (https://www.nhm.ac.uk/about-us/website-terms-conditions.html).

 

3. Descriptions

3.1 Descriptions of our products are set out on the Website. Descriptions of the products to be supplied are not intended to be binding and give a general description of the products. We reserve the right to make any changes in the descriptions necessary to comply with any applicable legal requirements and to change the description published on the Website.

3.2 Any pictures and images provided on the Website, including of packaging, are for illustration purposes only. Your products and their packaging may vary slightly from those pictures or images.

3.3 We cannot guarantee that the colours displayed on your device will match exactly the appearance of your products. The colours of the products displayed on the Website may vary depending on what device you are using and your settings.

 

4. Availability

4.1 All orders are subject to availability. We cannot guarantee that any products will be available at any given time.

4.2 In certain circumstances beyond our reasonable control, for example where there has been a change in law, we may need to stop supplying certain products. If this happens and it affects your order, we will notify you by email, cancel your order and any affected products, and provide you with a full refund (including any delivery costs, if applicable).

 

5. Price

5.1 The price of the products shall be the price listed on the Website on the date of your order (inclusive of VAT but exclusive of delivery charges, which are payable by you). For information on delivery options and costs, please visit the delivery information page (https://www.nhmshop.co.uk/delivery-information).

5.2 All prices displayed on the Website are quoted in pounds sterling (£)(GBP) and must be paid in full, including delivery charges, unless discounts are expressly agreed.

5.3 Prices for our products, as well as delivery charges, may change at any time. Such changes will not affect existing orders.

5.4 If there has been an error on the Website regarding the pricing of any of our products and this affects your order, we will try to contact you using the contact details you provided when you placed your order. We will give you the option to reconfirm your order at the correct price or to cancel your order. If we are unable to contact you, we will treat the order as cancelled and notify you by email.

 

6. Orders

6.1 When you click on the 'Submit order' button on the 'Check your order' page, we will treat the order as an offer by you to purchase the products subject to these terms and conditions.

6.2 You are responsible for ensuring the accuracy of your order and if we accept your offer we shall supply you, subject to availability, with the products set out in your order.

6.3 We will initially send an email acknowledging your order. Our acknowledgement is not an acceptance of your offer.

6.4 We will subsequently send you an email confirming that you order is being or has been despatched. That despatch confirmation email is our acceptance of your offer, at which point a legally binding contract is formed between you and us on these terms.

6.4 Please print out or save a copy of any emails from us for your records, as we will not save a copy for you. Emails are only available in English.

6.5 If we do not accept your order, for example: because we are unable to take payment; what you’ve ordered is unavailable; you are under 18 or live outside of our delivery area, or there has been a mistake regarding the pricing or description of the products, we will contact you using the details you provided when you placed your order. We have the right to reject any order for any reason.

 

7. Delivery

7.1 We will deliver your products to the address specified by you when you placed your order.

7.2 Please examine the products as soon as reasonably possible after delivery and notify us of any fault or damage as soon as reasonably possible.

7.3 Once your order has been delivered to your address or in accordance with the delivery instructions you provided to us, the risk in the products passes to you and the products are classed as having been ‘delivered’. This means that you are responsible for the products and we are not liable to you if the products are stolen or damaged after they have been delivered to you. This does not affect your legal rights if the products are faulty or misdescribed. Ownership of the products passes to you once you have paid for them in full.

 

8. Delivery Areas, Dates and Costs

8.1 For information on delivery options and costs, please visit the delivery information page (https://www.nhmshop.co.uk/delivery-information). You will be given available delivery options to choose from when you place your order. We do not deliver to Northern Ireland, the EU (European Union), Russia or Belarus.

8.2 We will instruct our carriers to do what they reasonably can to deliver your order within the delivery period or on the delivery date agreed with you. If your delivery is delayed, we or our carriers, will email you to let you know as soon as reasonably possible. However, we are not liable to you for any losses you incur if delivery is delayed.

 

9. Payment

9.1 We accept the following credit cards and debit cards: Visa, Mastercard, Maestro. You can also pay by PayPal. All credit card and debit card payments need to be authorised by the relevant card issuer.

9.2 Any products you buy from us must be paid for in advance. We will take payment from your card before we send you your order confirmation email.

10. Consumer cancellation rights

This clause 10 only applies to you if you are a consumer.

10.1 Except for the exclusions set out in clause 10.2, you have the right to change your mind and cancel your products order within 14 days from the delivery date, so long as you comply with the processes in clauses 11 (returns) 12 (refunds) and 13 (faulty products).

10.2 You do not have the right to cancel orders: 10.2.1 for perishable products that cannot be returned or are liable to deteriorate or expire rapidly; or 10.2.2 for bespoke products once they have started to be produced; or

10.2.3 for any products if you remove or break a protective or hygiene seal attached to that product (eg underwear, beauty products, pierced jewellery, DVDs, video games, audio or video recordings in any format or computer software, that have been provided in a sealed package etc).

10.3 To cancel your order, please email us at hello@nhmshop.co.uk or call us on 020 7942 5000 and post items to E-Commerce Dept, the Natural History Museum, Cromwell Road, London SW7 5BD. You can also use the automatic form on the contact us page (https://www.nhmshop.co.uk/contact-us). To help us process your cancellation more quickly, please have your order number ready or include it in the email or cancellation form you send to us.

 

11. Returning products if you cancel your order

This clause 11 only applies to you if you are a consumer.

11.1 If you cancel an order for products and we have already despatched your order, you must return the products to us within 14 days of telling us that you want to cancel your order, or, if later, within 14 days of receiving your order. The deadline is met if you send the products back to us before the 14-day period has expired.

11.2 We strongly recommend that you get proof of postage. We will withhold the refund until we have received the products back from you and assessed their sellable condition.

11.3 Products must be returned to us in a new and unused condition and, with their original packaging in a state that allows them to be resold. You are responsible for the products while they are in your possession.

11.4 Unless the products are faulty or misdescribed, you are responsible for the cost of returning the products to us. For information on how to return products to us, please visit the refunds and returns page (https://www.nhmshop.co.uk/refunds-and-returns).

 

12. Refunds if you cancel your order 

This clause 12 only applies to you if you are a consumer.

12.1 If you exercise your right to cancel under clause 10, we will provide you with a refund as soon as possible.

12.2 If you cancel an order for products and have already received the products, we will issue the refund no later than 14 days after the day we receive the products back from you. Otherwise, we will issue the refund no later than 14 days after the day on which you told us that you want to cancel.

12.3 Your refund will be subject to the following deductions:

12.3.1 if you chose a delivery option that is more expensive than the cost of standard delivery, we will only refund the cost of standard delivery; and

12.3.2 if you handled the products in a way beyond what might reasonably be permitted in a shop and has resulted in a loss in value of the product then we may not be able to refund.

12.4 We will issue your refund to the same payment method you used when you placed your order.

12.5 If the right to cancel does not apply because of one of the circumstances listed in clause 10.2, you will not be entitled to a refund unless the products are faulty. See clause 13 below.

 

13. Faulty products - consumers

This clause 13 only applies to you if you are a consumer.

13.1 Any products that we provide to you must be as described, fit for purpose and of satisfactory quality.

13.2 We are under a legal duty to supply products that conform with our contract with you.

13.3 During the expected lifespan of any products that you have purchased from us, once the product has been returned and we have confirmed it is faulty, you are entitled to the following:

• Up to 30 days from receipt of product: If your products are faulty, you can get an immediate refund from us.
• Up to six months from receipt of product: If the products cannot be repaired or replaced, then you are entitled to a full refund in most cases.
• Up to six years from receipt of product: If the products do not last a reasonable length of time, you may be entitled to some money back.

13.4 This is a summary of some of your key rights. They are in addition to your cancellation rights set out in clause 10 above. For more detailed information, please visit the Citizens Advice website (www.citizensadvice.org.uk) or call 0808 223 1133.

13.5 If there is a problem with any products you have purchased from us, please contact us as soon as reasonably possible.

 

14. Personal information

We will process the personal data that you provide in the course of any transaction (with the exception of credit card details, which shall be kept confidentially by our third party payment provider) in accordance with data protection legislation. For more information please read our privacy notice (https://www.nhm.ac.uk/about-us/privacy-notice.html).

 

15. Our liability to consumers

This clause 15 only applies to you if you are a consumer.

15.1 If we breach these terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time the contract was made, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).

15.2 We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.

15.3 Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.

 

16. Our liability to business customers

This clause 16 only applies to you if you are a business customer.

16.1 Subject to the below, our liability under or in connection with these terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) will not exceed the amount of the purchases you have made from us.

16.2 We will not be liable to you under or in connection with these terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) for:

16.2.1 consequential, indirect or special losses; or

16.2.2 any of the following (whether direct or indirect):

(a) loss of profit;

(b) loss or corruption of data;

(c) loss or corruption of software or systems;

(d) loss or damage to equipment;

(e) loss of use;

(f) loss of opportunity;

(g) loss of savings, discount or rebate (whether actual or anticipated); or

(h) harm to reputation or loss of goodwill.

16.3 Nothing in these terms will limit or exclude our liability for:

16.3.1 death or personal injury caused by negligence;

16.3.2 fraud or fraudulent misrepresentation; or

16.3.3 any other losses which cannot be excluded or limited by law. Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.

 

17. Changes to any offer or promotion

We reserve the right to cancel or alter the terms of any offers or promotions without warning. Please contact us for information on any changes. You can contact us via email: hello@nhmshop.co.uk or call us 020 7942 5000 or fill in the automatic form on the contact us page (https://www.nhmshop.co.uk/contact-us).

 

18. Events beyond our control

We are not liable to you if we fail to comply with these terms because of circumstances beyond our reasonable control.

 

19. Law and jurisdiction

These terms and conditions of sale shall be governed by and construed in accordance with the laws of England and Wales.

Any disputes arising in relation to the website shall be subject to the exclusive jurisdiction of the courts of England and Wales.

If any of these terms or conditions of sale should be determined to be illegal, invalid or otherwise unenforceable, it shall be deemed deleted and the remaining terms and conditions shall survive and continue to be binding and enforceable.

 

20. No third party rights

No one other than us or you has any right to enforce any of these terms.

 

21. Transfer of rights

21.1 We may transfer our rights under these terms to another business without your consent, but we will notify you of the transfer and make sure that your rights are not adversely affected as a result.

21.2 You are not allowed to transfer your rights under these terms to anyone without our prior written consent.

 

22. Contact us, general compliments, comments or complaints

If you have any compliments, comments or complaints to make about purchases made through the website please send them to: E-commerce Department, the Natural History Museum, Cromwell Road, London SW7 5BD. Or email hello@nhmshop.co.uk.

You can also call us on 020 7942 5000 or fill in the automatic form on the contact us page (https://www.nhmshop.co.uk/contact-us).

Last updated: 10/05/2022