Terms and Conditions
We may amend these Terms from time to time, so please check this page regularly to ensure you are familiar with the current version. These Terms were most recently updated August 2014. These Terms, and any Contract between us, are only in the English language.
Information about us
We operate the website www.mola.org.uk. We are MOLA (Museum of London Archaeology), a company registered in England and Wales under company number 07751831 and with our registered office at Mortimer Wheeler House, 46 Eagle Wharf Road, London N1 7ED, which is also our main trading address. Our VAT number is 123364734.
Terms of Website Use and Website Acceptable Use
License to use website
Unless otherwise stated, MOLA (Museum of London Archaeology) owns the property rights in the website and material on the website, including but not limited to trademarks and taglines identifying us or our affiliates, graphics, images, content and button icons. All these intellectual property rights are reserved and all content on this site is protected by national and international copyright laws and treaties.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms. Nothing on this site should be construed as granting a license or right to use any trademark displayed on this site, without the written permission of the trademark owner. You must not: republish material from this website; sell, rent or sub-license material from the website; reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities on or in relation to this website without MOLA’s express written consent.
In these Terms, your ‘user content’ means material that you submit to this website, for whatever purpose. You grant to MOLA a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or MOLA or a third party. MOLA reserves the right to edit or remove any material submitted to this website, or stored on MOLA’s servers, or hosted or published upon this website.
Warranties and Liabilities
This website is provided ‘as is’ without any representations or warranties, express or implied. MOLA makes no representations or warranties in relation to this website or the information and materials provided on this website. Without prejudice to the generality of the foregoing paragraph, MOLA does not warrant that: this website will be constantly available, or available at all; or the information on this website is complete or without errors.
MOLA will not be liable to you in relation to the contents of, or use of, or otherwise in connection with, this website. Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit MOLA’s liability.
You accept that, as a limited liability entity, MOLA has an interest in limiting the personal liability of its employees. You agree that you will not bring any claim personally against MOLA employees in respect of any losses you suffer in connection with the website. By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify MOLA and undertake to keep MOLA indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by MOLA to a third party in settlement of a claim or dispute on the advice of MOLA’s legal advisers) incurred or suffered by MOLA arising out of any breach by you of any provision of these terms and conditions.
Breaches of these Terms
Without prejudice to MOLA’s other rights under these terms and conditions, if you breach these Terms in any way, MOLA may take such action as MOLA deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Contract terms for sale of products
These Terms tell you about the legal Terms on which we sell any of the products (Products) listed on our website (our site) to you. These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. If you do not accept these Terms, you will not be able to order any Products from our site.
Right to cancel the Contract
The right to cancel only applies if you are a consumer. To cancel a Contract in accordance with your legal right to do so, you just need to let us know that you have decided to cancel. The easiest way to do this is to email us at firstname.lastname@example.org.
If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
If you are a consumer
If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
If you are a business customer
How the Contract is formed between you and us
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 take the time to read and check your order at each page of the order process.
After you place an order, you will receive an e-mail from us acknowledging that we have received your order. 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 we cannot meet your requested delivery date or because of an error in the price on our site, we will inform you of this by e-mail 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.
You may contact us by e-mailing us at email@example.com. If you wish to give us formal notice of any matter in accordance with these Contract Terms.
Our right to vary these Contract Terms
We amend these Terms from time to time. If we have to revise these Terms as they apply to your order, 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.
Your consumer right of return and refund
This only applies if you are a consumer. If you are a consumer, you have a legal right to cancel a Contract during the period. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.
Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract is 14 days after the day on which you receive the first delivery of the Products.
To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to email us at firstname.lastname@example.org. If you use this method we will e-mail you to confirm we have received your cancellation. If you cancel your Contract we will:
- refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.
- refund 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 (provided that this is a common and generally acceptable method).
- make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
- 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;
- 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.
If you have returned the Products to us because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us. If a Product has been delivered to you before you decide to cancel your Contract:
- then you must return it to us 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. Our returns address is Mortimer Wheeler House, 46 Eagle Wharf Road, London N1 7ED.
- unless the Product is faulty or not as described, you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery.
Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. 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.
The estimated delivery date will be within 40 days after the date of the Order. Occasionally our delivery to you may be affected by an Event Outside Our Control. Delivery of an Order shall be completed when we deliver the Products to the address you gave us or otherwise to your order and the Products will be your responsibility from that time. You own the Products once we have received payment in full, including all applicable delivery charges. If we miss the 40 delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:
- we have refused to deliver the Products;
- delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
- you told us before we accepted your order that delivery within the delivery deadline was essential.
If you do not wish to cancel your order straight away, or do not have the right to do so, 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.
If you do choose to cancel your Order for late delivery, 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.
We deliver to International Delivery Destinations. However on large international Orders we reserve the right to contact you and alter shipping costs. If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order. You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
Price of products and delivery charges
The prices of the Products will be as quoted on our 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.
Prices for our Products may change from time to time, but changes will not affect any order you have already placed. 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. 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. Our delivery charges are as follows:
UK sales under £12 = £3.50
UK sales £13-35 = £5.50
UK sales over £36 = £10
Europe sales under £12 = £5
Europe sales £13-35 = £8.50
Europe sales over £36 = £15
Rest of world sales under £12 = £8.50
Rest of world sales £13-35 = £12
Rest of world sales over £36 = £22
We do change our delivery charges from time-to-time so please check before placing your Order.
It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you 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. Please note that if the pricing error is obvious and unmistakeable 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.
How to pay
Payments for all Products are managed by our payment provider PayPal. Please refer to their website for full terms and conditions (https://www.paypal.com/uk/webapps/mpp/ua/legalhub-full)
Payment for the Products and all applicable delivery charges is in advance.
Our warranties for the Products
We warrant that on delivery, unless otherwise indicated, the Products will be:
- in good condition and free from material defects;
- in all material respects as described on our site.
We warrant that we have full right and authority to sell the Products to you, including the consent of any third party owner of any copyright in the Products. If you are a consumer, this warranty is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described.
Our Contract liability if you are a business
We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes. Nothing in these Terms limits or excludes our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
- defective products under the Consumer Protection Act 1987.
We will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
- any loss of profits, sales, business, or revenue;
- loss or corruption of data, information or software;
- loss of business opportunity;
- loss of anticipated savings;
- loss of goodwill; or
- any indirect or consequential loss.
Our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products you purchase. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
Our Contract liability if you are a consumer
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. 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 this contract. We only supply the Products for domestic and private use. You agree not to use the product 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. We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
- 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
- defective products under the Consumer Protection Act 1987.
Events outside our control
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 (whether declared or not) 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. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
- we will contact you as soon as reasonably possible to notify you; and
- 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.
You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel 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.
Other Contract important terms
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. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our warranty in clause 15 to the recipient of the gift without needing to ask our consent.
This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty, but we and you will not need their consent to cancel or make any changes to these Terms.
Each of the paragraphs of these Terms 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. If we fail to insist that you perform any of your obligations under these Terms, 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.
If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
Last updated August 2014