Shop Terms and Conditions
Online Sales Terms and Conditions
- About Us
The NFM Shop accessed via www.nationalfootballmuseum.com (“Site”) is operated by National Football Museum at Urbis (Trading) Limited (“NFMT” “We” or “Us”), a corporation registered in England with Company number 07539263, whose registered office and main trading address is at Urbis, Cathedral Gardens, Manchester, M4 3BG, UK.
- Your Status
By placing an order through the Site, you warrant that you are legally capable of entering into binding contracts with us.
- How the Contract is formed between You and Us
3.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us. The contract between us (“Contract”) will only be formed when we dispatch your items.
3.2 The Contract will relate only to those Products we dispatch to you. We will not be obliged to supply any other Products which may have been part of your order until those Products become available to us for dispatch.
- Consumer Rights
4.1 If you are contracting as a consumer, then subject to clause 4.3, you may cancel a Contract at any time within fourteen days, beginning on the day after you received the Products. In this case, and in accordance with our returns policy (set out in clause8 below) you will receive a full refund of the price paid for the Products, but you will be responsible for the cost of returning the Products to us.
4.2 To cancel a Contract, you must inform us in writing. You must also return the Products to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
4.3 You will not have any right to cancel a Contract for the supply of any Products:
- i) that have been custom made to suit your specifications;
- ii) which by reason of their nature cannot be returned; or
iii) which you purchased through our counter collection.
- Availability and Delivery
Your order will be fulfilled by the delivery date set out in our dispatch confirmation email or, if no delivery date is specified, then within 30 days of the date of such dispatch confirmation, unless there are exceptional circumstances.
- Risk and Title
6.1 The Products will be at your risk from the time of delivery.
6.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
- Price and Payment
7.1 The price of any Products will be as quoted on the Site from time to time, except in cases of obvious error.
7.2 These prices include applicable VAT but exclude delivery costs, which will be added to the total amount due. For our current delivery charges to the UK, EU and internationally, please click here. 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 place.
7.3 Please note that local Customs may charge duty and tax on the full value of your order. Should there be any customs charges for your order it will be your responsibility to pay these, and not the responsibility of NFMT or The National Football Museum.
7.4 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already dispatched.
7.5 The Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Site may be incorrectly priced. Where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on the Site, we will either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
7.6 If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.
7.7 Payment for all Products must be by credit or debit card. We accept payment with Visa, Mastercard, Visa Delta, Switch and Maestro. Payment will be debited at time of order through Global Iris payment system.
- Our Returns Policy
8.1 Returns (quoting the order number we have given you) will be accepted in the following circumstances;
- a) for Products returned within the fourteen-day cooling-off period referred to in clause 4, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. The Products must be returned as new and, where practicable, in their original packaging. In this case, we will refund the price of the Product in full but you will be responsible for the cost of returning the item to us and if you return it at our expense we are entitled to charge you such expense, which shall be a maximum of the charge payable by us to our courier;
- b) for defective products we will examine the returned Product. Products returned by you because of a defect not caused by you or your servant or agent will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us. If, after examination, we find the returned Product to be defective due to a defect not caused by you or your servant or agent we will notify you in relation to your refund via e-mail within a reasonable period of time. We will usually process any refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product.
8.2 These conditions do not affect your statutory rights relating to faulty or misdescribed goods. For further information about your statutory rights contact your local authority’s Trading Standards Department or a Citizens Advice Bureau.
- Our Liability
9.1 We warrant to you that any Product purchased from us through the Site is of satisfactory quality and reasonably fit for all the purposes for which products of that kind are commonly supplied.
9.2 The provisions in clause 9.3 shall only apply if you are contracting as a business and not as a consumer.
9.3 Subject to clause 9.4:
- a) we shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
- b) our total liability to you in respect of all other 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 have purchased.
9.4 Nothing in these terms and conditions shall limit or exclude our liability for:
- a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
- b) fraud or fraudulent misrepresentation;
- c) breach of the terms implied by section 12 of the Sale of Goods Act 1979;
- d) defective products under the Consumer Protection Act 1987; or
e). any matter in respect of which it would be unlawful for us to exclude or restrict liability.
- Access to the Site
We will do our best to ensure that availability of the Site will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed.
- Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given (by letter) to National Football Museum at Urbis (Trading) Limited at Urbis, Cathedral Gardens, Manchester, M4 3BG, UK or (by email) to [email protected] We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 11 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
- Transfer of Rights and Obligations
13.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
13.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
13.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
- Events Outside Our Control
14.1 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 events outside our reasonable control (“Force Majeure Event”).
14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: strikes, lock-outs or other industrial action, 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, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks, or the acts, decrees, legislation, regulations or restrictions of any government.
14.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
15.1 If we fail or delay, at any time during the term of a Contract, to insist upon strict performance by you of any of your obligations this does not mean we have given up our rights and we may still require you to comply with your obligations under the Contract.
15.2 If we forgive (in writing) any particular default by you of your obligations under a Contract, that does not forgive any subsequent default by you.
If any of these terms and conditions or any provisions of a Contract are determined by any 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.
- Variation of these Terms and Conditions
We have the right to revise and amend these terms and conditions 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.
- Law and Jurisdiction
Contracts for the purchase of Products through the Site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales to which you and we both submit.