Website Terms & Conditions
The Jensen Museum
Web Site & Communication Terms & Conditions
The Jensen Museum Web Terms & Conditions [T&C] are the basis by which The Museum conducts its day-to-day activities.
The T&C include our obligations, responsibilities, quality standards and expectations.
They are updated regularly without notice or reason, and presented online for your convenience.
This document, and the other documents the pages refer to, define the Terms & Conditions which govern your use of The Jensen Museum Website www.jensenmuseum.org, email – and telephone communications. By accessing The Museum Web site and/or contacting The Museum, you agree to be bound by these terms.
Web-users are kindly reminded;
1. the Jensen Museum is privately owned
2. the physical Museum is not [currently]open to the public
3. the Museum website and its content are open to the public.
4. the Museum welcomes email and telephone enquires during office hours, Monday-Friday.
5. the Museum on-line shop is one of 5 income streams critical to The Museum sustainability
If you do not understand our T&Cs and require further information and/or explanation, please contact The Museum before making purchases, enlisting our services and/or accessing The Jensen Museum website further.
1.1 The Jensen Museum. The trading name The Jensen Museum, The Museum, ‘us,’ ‘our’ ‘we’ refers to The Jensen Museum Organisation and Website [www.jensenmuseum.org], Museum email addresses, and the physical Jensen Museum organisation at the registered address below;
The Jensen Museum Office
35 Sandford Avenue
The physical Jensen Museum is not open to the public. [under review]
1.1.1 Contact The Museum | Telephone | Email | Posted Letter
Telephone: 0044 (01694 781354
Post: Jensen Museum Office, 35 Sandford Avenue, Church Stretton, Shropshire, SY6 6BH
The Museum replies to telephone calls and email enquiries during office hours Monday-Friday
1.2 Web site Management
The Museum website, website content, and User Communications are managed on behalf of The Museum by an independent third party company.
1.3 Accessing The Jensen Museum Website
Access to The Museum Website and use of User Communications is permitted on a temporary We reserve the right to withdraw or amend the service with or without prior notice, with or without reason. You are responsible for making all arrangements for access to the site and ensuring all persons accessing the site through your Internet connection are aware and comply with our terms. Where you are provided with a user ID, password or any other piece of information as part of our security procedures you must treat such information as confidential and not disclose it to any third party. You are responsible for any transactions undertaken by any third party where you have disclosed such information.
1.4 Your status
By accessing The Museum Website and purchasing products or services on The Museum Website or offered for sale by The Museum through any method you warrant you are legally capable of entering into binding contracts and are at least 18 years old.
We own or license the Intellectual Property and Copyright in this site, in material published on it and in emails we send which may or may not contain product descriptions and photographs. These works are protected by international copyright law. All our rights are reserved. Permission is required in writing prior to reproducing and/or distributing photographs including downloading, distributing photographs on digital platforms.
Please see our Intellectual Property Rights Policy for further information.
2.1 The rights to reproduce certain images published on The Museum website and/or sourced from The Museum archive may be available under License.
Please refer to our Licensing Policy for further information.
2.2 Where The Jensen Museum acts as The Agent
Where Goods are consigned for sale all intellectual property rights and copyright in material relating to the Goods is- and shall remain with The Museum unless otherwise agreed in writing.
2.2.1 Unless otherwise agreed in writing The Museum reserves the right to display and distribute product photographs and descriptions pursuant to a sale.
Please refer to our Organisation Terms & Conditions for further information.
3. Liability and reliance on information posted
Commentary and other materials posted on The Museum Web site is an expression of opinion only and not intended to amount to expertise and/or advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed by any visitor to the site or anyone who may be informed of any of its contents, or through any written or spoken communication.
3.1 The Museum Website is likely to contain inaccuracies or typographical errors including pricing and exchange rate errors and omissions. The Museum is not liable for any such inaccuracies including exchange rate notifications which are provided only as a guide. We do not make any express or implied warranties or representations in relation to the web site and/or products and services (including, without limitation, warranties, non-infringement or any implied warranties), and the same are hereby excluded.
3.1.1 You acknowledge and agree it is technically impossible to provide the web site free of faults, bugs and errors and access to the web site is provided on an “as is” and “as available” basis entirely at your own risk.
3.1.2 The Museum disclaims all liability for faults, errors or issues which may lead to temporary unavailability of the web site, delay response to emails howsoever occasioned.
4 Misrepresentations Act |Descriptions | Photographs
4.1The Museum website entry for any given Product including Products listed for sale may include a Product Identity Code, description and photographs.
4.2 The descriptive entry is The Museum’s opinion, where a Product has been consigned for sale; the descriptive entry is the opinion of the Vendor and The Jensen Museum.
4.3 The Museum is pleased to provide additional product photographs and related information to enable informed purchasing decisions and/or enrich knowledge.
4.3.1 We reserve the right not to supply additional photographs with or without reason
4.4. The lead-time for the provision of additional photographs is 5 working days thereabouts, and subject to studio/ photographer availability and work in-hand.
4.5 Museum photographs including photographs representing Goods for sale in The Museum web-shop may not show objects to scale and/or provide a true colour match.
You or we may suspend or terminate your account or your use of this Website at any time, with- or without prior notice or reason. You are personally liable for any orders you place or charges you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time with- or without prior notice or reason.
6 Website Updates.
The Museum website is updated every five working days thereabouts, therefore the content may change at any time. The Museum reserves the right to choose not to update the website and/or to suspend or close the website indefinitely, with- or without prior notice or reason.
7 Information about you & your visits to our site.
8. Inaccuracies & Improvements.
The Museum is not liable for any Website or communication inaccuracies including pricing, description errors and/or omissions.
8.1 In the event you may wish to express your opinion with a view to improving the Website and related Museum service please contact us.
9 Contracts. Contracts in relation to the sale of any Goods or Services advertised on The Museum website are governed by the Conditions of Sale and our Organisation Business Terms & Conditions.
10. Proof of Identity.
We reserve the right to request proof of identification before responding to enquiries and/or accepting orders.
11. Uploading to the Museum Website.
Whenever you make use of features which allow you to upload material to our site or to make contact with other users of the site you must comply with our Content Standards. Please contact us for more information. You warrant that any such contribution complies with those standards and you indemnify us for any breach of that warranty.
You may link to our site, provided you do so in a way that is fair and legal and which does not damage our reputation or take advantage of it. In particular, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. The Museum Website must not be framed on any other site. We reserve the right to withdraw linking permission without notice.
11.2 Links from our site
From time-to-time our site may contain links to various other sites and/or other resources provided by third parties. These links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may be suffered in connection with their use.
12. Jurisdiction & applicable law.
The courts of England & Wales will have exclusive jurisdiction over any claim arising from or related to a visit to this web site although we have the right to bring a claim against you in your local jurisdiction. The law of England & Wales will apply to these terms and conditions. At our election, acting reasonably in what we believe to be the best interests of the parties and for an economical and fair resolution, any dispute relating to these terms & conditions may be resolved by appropriate means of alternative dispute resolution (including arbitration, mediation or referral to an expert).
Any dispute relating to any sale, purchase and/or service made by you or any contract resulting from acceptance of your sale or purchase in respect of any product shall be governed by our Conditions of Sale applicable to the relevant sale and Product. Dispute enquiries must be sent by email, registered posted letter, and sent first class/priority/air mail to our Registered address.
We make no representations that the content of our Web site is suitable for any particular purpose or audience or the viewing and downloading of any part of our Web site is legal in any country outside the United Kingdom. In the event you may have accessed the site from a location outside the United Kingdom, it is your responsibility to ensure you are compliant with the laws of your jurisdiction.
In the event any of these Conditions 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.
14. Site Security
You may use any mechanism, software or other device to affect the functioning of the web site, any sale advertised on the web site or associated User Communications. You agree that you will not infect the web site with any virus, worms or other digital contaminants
15. Where we store your personal data
15.2 The transmission of information via the Internet is not completely secure. Therefore, while we endeavour to protect your personal data, we cannot ensure the security of your data transmitted to our site. Any transmission is at your own risk. Once we have received your information we will use strict procedures and security features to prevent unauthorised access.
16 Uses made of the information
16.1 We may use information held about you in the following ways, to: ensure that content from our web site is presented in the most effective manner for you and for your computer; provide you with information, products or services that you request from us or which we feel may interest you; allow you to participate in interactive features of our service where you choose to do so; notify you about changes to our service; analyse information about our users in order to identify their potential preferences.
16.2. We may disclose your personal information to any member of our organisation which, where appropriate means our subsidiaries, our ultimate holding company and its subsidiaries as defined in section 736 of the UK Companies Act 1985 and hereafter defined as The Act.
16.3. We will not disclose your data to any third party outside our group for the purpose of direct marketing but we may from time-to-time provide you with information about goods and services that we feel may be of interest to you including those provided by third parties. We will keep your postal address, telephone and email contact details on file for a period of 5 years from the date of your last contact with us in order to simplify any future registration.
17. Access to information. The Act gives you various rights including the right to access information held about you. Your right to access can be exercised in accordance with The Act.
18 Your rights. You have the right to request us not to use your details for the purpose of providing you with information about the goods and services provided by our Company (other than information that you have specifically requested). You can exercise that right by ticking certain boxes on the forms we use to collect your data. You may also notify us by post and/or E-mail. The Museum Website may contain links to and from our affiliate or partner Websites with independent privacy policies. We do not accept any
19.1 The transmission of information via the Internet is not completely secure. While we implement best practices to protect your personal data, we cannot ensure the security of your data transmitted to our site. Any transmission is at your own risk. Once we have received your information we will use strict procedures and security features to prevent unauthorised access.
20 Uses made of the information. We may use information held about you in the following ways, to: ensure that content from our web site is presented in the most effective manner for you and for your computer; provide you with information, products or services that you request from us or which we feel may interest you; allow you to participate in interactive features of our service where you choose to do so; notify you about changes to our service; analyse information about our users in order to identify their potential preferences.
20.1. We may disclose your personal information to any member of our company (which, where appropriate means our subsidiaries, our ultimate holding company and its subsidiaries as defined in section 736 of the UK Companies Act 1985 and hereafter defined as ‘The Act’.
20.2. We will not disclose your data to any third party outside our group for the purpose of direct marketing but we may from time-to-time provide you with information about goods and services that we feel may be of interest to you including those provided by third parties. We will keep your postal address, telephone and email contact details on file for a period of 5 years from the date of your last contact with us in order to simplify any future registration.
21. Access to information
The Act gives you various rights including the right to access information held about you. Your right to access can be exercised in accordance with The Act.
22 Your rights ii. You have the right to request us not to use your details for the purpose of providing you with information about the goods and services provided by our Company (other than information that you have specifically requested). You can exercise that right by ticking certain boxes on the forms we use to collect your data. You may also notify us by post and/or E-mail. The Museum Website may contain links to and from our affiliate or partner Websites with independent privacy policies. We do not accept responsibility for any other websites.
23. Our rights. We are not obliged to provide a Website respond to emails or telephone calls, supply product information by any method or within any period, maintain or improve the Website in any way whatsoever. We reserve the right to delete The Museum Website and/or incoming emails including emails sent to full and part-time employees, freelance, legal staff and third party organisations commissioned by The Museum with or without prior notice or reason.
24 Quality Standards. The Museum Website is operated in good faith with the aim of creating a positive user-experience. In the event elements of the Website do not meet your expectations please contact The Jensen Museum by telephone, email or posted letter at your cost.
25 Quality Standards Accuracy of Information. We make every effort to ensure information on The Museum Website is complete, accurate and current. Despite our efforts, information may occasionally be inaccurate, incomplete or out-of-date. Certain weights, measures, similar descriptions may be approximate. We make no representation as to the completeness, accuracy or recentness of any information on the Website; we cannot guarantee your computer screen or product photographs will show an exact like-for-like colour match.
26 Accuracy of Information. Sale v Sold Status. Products displayed for sale on the Website may be unavailable, sold, and may have different attributes than those listed, or may carry a different price than the price on the Website. We reserve the right to make product information changes with or without notice or reason.
27 Quality Standards. User Communications. Time-scales. The Museum responds to general email and telephone enquiries within 5 working days thereabouts. We respond to orders and order-related enquiries within 3 working days thereabouts. We may not meet our time-scales during particularly busy periods, computer error, computer failure, or other issues outside our control. In the event your enquiry is particularly important and/or urgent please telephone Monday-Friday, during office hours
28 Quality Standards. User Communications. Alternative Contact. Whichever method you choose to correspond with us, it is your responsibility to ensure we are provided with an alternative method of contact.
29 Quality Standards ii. User Communications Information Requests We respond to email enquiries within 3 working days thereabouts. Where our response to the content for a given enquiry may fall outside our general knowledge, and/or the number of enquiries in-hand is consuming our time, our response-timescales may be longer. Where enquiries are particularly urgent or important please telephone.
30 Sustainability. Profits made from five key income streams [licensing, loans, web-shop, sponsor-advertising and consignment sales] enable The Museum to provide numerous free services including access to The Museum website and its content.
Please contact us for more information, including a copy of our Sustainability Policy.
31 Chargeable Services. Where information requests fall outside our general knowledge and/or require research which may consume our free time allowance, we will provide a quotation. The quotation will include our fee & anticipated time-scales for completion. Payment is required in advance.
32. Quality Standards. Disclosure By Law. The Museum reserves the right to disclose personally identifiable information without your permission when required by law, or in good faith belief that such action is necessary to investigate or protect against suspected criminal activities including predatory-associated behaviour to The Jensen Museum, individual staff, our customers, visitors, associates, or property (including this site), or to others.
33 Quality Standards.Courtesy. Response Timescales
33.1. Emails which do not meet our Zero Tolerance Communication Standards are allocated ‘low priority’ and deleted at source.
33.2. We make every effort to respond to email enquiries within reasonable times-scales however we are not obliged to respond to email communications.
33.3. The Museum may choose not to reply to email communications where email-sender identities are withheld, incomplete or disguised, where the email tone or content is inappropriate, defamatory, predatory, intrusive, aggressive, does not comply with the spirit of our Zero Tolerance Standards, or for any reason or for no reason.
35 Content Standards. Where facilities are provided by The Jensen Museum to submit content to The Museum Website Content Standards apply to all material (“contributions”) which are contributed to the Website or any associated interactive features. This includes without limitation any contribution made to bulletin boards and similar features. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole; contributions must be accurate where they state facts; be genuinely held where they state opinions; comply with applicable law in any country from which they are posted. In any event contributors should be aware The Museum Website is aimed at – and intended for use – by users based in the United Kingdom.
36 Contributions. Contributions must not: contain any material which is defamatory of any other person; contain any material which is obscene or offensive; infringe any copyright, database right or trade mark of any other person; be likely to deceive any person; be made in breach of any legal duty owed to a third party such as a contractual duty or a duty of confidence; be likely to harass, upset, embarrass, alarm or annoy any other person; be likely to disrupt our service in any way; give the impression that they emanate from us where this is not the case; advocate promote or assist any unlawful act such copyright infringement or computer misuse.
37. Contract Creation. Electronic Contracting We take all reasonable care, in so far as it is in our power to do so, to keep correspondence in general and order-related correspondence in particular – secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing information and/or products, ordering- and paying for Goods and/or Service from The Museum.
38. Custom, Import Duties, Clearance fees & related charges. The Buyer is responsible for Custom, Import Duties and/or clearance Fees associated with Goods purchased from- or consigned to-The Museum. Where The Museum receives Goods for sale on consignment the Vendor is responsible for customs and related charges. Where The Museum Sells Goods the Buyer is responsible for customs and related charges.
39. Deposits Deposits are non-refundable.
39.1 The purchase of a given product may be secured by paying a deposit being no less than 20% of the value of the Goods. The total value of the order being paid in full within the time-scales as agreed in writing between the buyer and The Museum. In the event the Buyer does not pay the balance within the agreed time-scales the deposit will be forfeited. The Museum reserves the right to decline deposits – and request proof of identity without reason
40 Refund Policy. The Jensen Museum website meets on-line trading standards.
Please see our 14-day Refund Policy for further information.
41. Shipping. Orders are dispatched to the delivery address designated by the Buyer and subject to the address being compliant with shipping restrictions [couriers are unable to ship to P.O. Box numbers]. For full details see Contract of Sale.
41.1 All purchases are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased pass to the buyer upon the items being collected from The Jensen Museum office by the shipper or shippers’ agent or at the point of exchange when taken by a member of The Jensen Museum staff to the courier, couriers’ agent [for example to any Royal Mail Post Office Counter and/or to our registered address.
41.2 The Buyer is responsible for in-transit insurance, filing any claims with couriers for damaged and/or lost shipments.
42 Risk & Title. Risk in Product[s] ordered will pass from The Museum to the Buyer from the point of dispatch [by way of example, at the point Product[s] are transferred from The Museum office to a courier/shipper/shipper representative/shipper agent or transferred by prior arrangement by an The Museum employee directly to the Buyer or to an individual the Buyer may have entrusted.
42.1. The Museum shall arrange for the delivery of the Goods to the Address confirmed by the Buyer. The Buyer is responsible to ensure the address for delivery is accurate, includes a Post Code and contact telephone number. Dates quoted for Delivery are approximate. The Museum shall not be liable for delay.
42.2 Time of Delivery shall not be of the essence. The Buyer shall provide The Museum with all information and documentation necessary to enable Delivery.
42.3. Notwithstanding Delivery and passing of risk, title in the Goods shall not pass to the Buyer until The Museum;
(1) receives in cleared funds the Price and any other amount owed by the Buyer in connection with the sale of the Goods; and
(2) is satisfied as to the identity of the Buyer, any Third Party Payer, and its relationship to the Buyer.
43 Disclaimer. Your use of The Museum Website and User Communications is entirely at your risk. Information and services provided by The Museum in any form is provided as is without obligation or warranty including obligations to respond to User Communications, supply any additional [to Website] Product photographs, related services or Organisational information.
The Jensen Museum
Web Site & Communication Terms & Conditions