Terms and Conditions
V&A Dundee Online Retail Terms and Conditions
- These terms
1.1 What these terms cover
These are the terms and conditions on which we supply goods to you from V&A Dundee’s online shop or when you place an order by telephone using our mail order service. These terms and conditions of sales do not affect your statutory rights (under governing law and jurisdiction).
These terms do not cover the sale of tickets to V&A Dundee exhibitions, events and courses.
1.2 Why you should read them
Please read these terms carefully before you make or submit your order to us. These terms tell you who we are, how we will provide goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
- Information about us and how to contact us
2.1 Who we are
We are Design Dundee Enterprises Limited, a company incorporated and registered in Scotland with company number SC531564 and with a registered office at V&A Dundee, Whitehall House, 33 Yeaman Shore, Dundee, DD1 4BJ UK. We are a wholly owned trading company of the Design Dundee Limited and our registered VAT number is GB 304103763.
All profits from sales go to supporting the work of V&A Dundee.
2.2 How to contact us
You can contact us by telephoning our retail team at +44 (0)1382 411704 (Monday- Friday 1000-1600), by email at email@example.com or by writing to us at FAO Online Shop Team, V&A Dundee, 1 Riverside Esplanade, Dundee, DD1 4EZ.
2.3 How we may contact you
If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order. For the sake of these terms and conditions, when we use the words "writing" or "written", this includes contact via email.
- Our contract with you
3.1 Acknowledging your order
Once your order has been submitted you will receive an automated confirmation email with your order details and an order number. It will state what the products are, the cost (including VAT and P&P) and delivery and invoice details. At this point the order remains subject to availability but payment will be taken from your card. If you are ordering from outside the United Kingdom, there may be import charges or customs for which you will be responsible for paying. These will be payable when the order is brought into the receiving country, and the amount payable will depend on the courier and the country the order is being sent to. Such charges will not be outlined or included in the automated confirmation email.
3.2 How we will accept your order
A legally binding contract between you and V&A Dundee will be formed when we send you the email confirming that we have dispatched your order to you. Goods will only be dispatched once we have received payment from you. The email confirming the dispatchment of your order represents our legal acceptance of the offer that you have made to us to purchase the goods when you completed your order.
3.3 If we cannot accept your order
All orders are subject to acceptance and product availability. If we are unable to accept your order, we will inform you of this in writing. If we have already taken payment for your order we will refund your payment (including all delivery charges) and if we have not yet taken payment we will not charge you for the goods. This might be because the goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, we may have identified a product or pricing error, we are unable to meet a delivery deadline that we or you have specified or if we are unable to obtain authorisation for your payment. We reserve the right to reject any offer to purchase by you at any time.
- The goods
The images of the goods that we sell on our website are for illustrative purposes only and whilst we make every effort to display the colours and features as accurately as possible, they may vary slightly from their pictures. We are unable to guarantee that a device’s display of a colour accurately reflects the colour of the goods.
- Your rights to make changes
If you wish to make a change to the goods you have ordered, please contact us using the details provided above (2.2) and we will let you know if the change is possible. If the changes can be made, we will inform you about any differences to the price of the goods, the timing of supply or anything else applicable as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may choose to end the contract (see 8. Your rights to end the contract).
- Our rights to make changes
We may change the goods in the following circumstances-
(a) to reflect changes in relevant laws and regulatory requirements (such as changes to power supplies and bulbs caused by regulatory changes);
(b) to implement minor technical adjustments and improvements, for example to address a security threat.
These changes will not significantly and adversely affect your use of the goods and in all circumstances, you retain your right to end the contract (see 8).
- Providing the goods
7.1 Shipping costs and arrangements
Shipping costs are displayed to you on our website in our Shipping Policy, and again when you are in the process of placing your order. Any shipping costs will be included in the final chargeable amount and will be outlined in the order confirmation email you receive when your order has been placed.
Standard shipping for any orders under £10 to UK addresses is £5 and we offer free delivery on UK orders of £10 and over.
Shipping to any international address is at a fixed rate based on your shipping address - United States and Canada is a flat rate of £30 and European addresses are £25.
We ship to the United States and Canada. Shipping charge for these countries is a flat rate of £30.
We are now shipping to mainland Europe for a flat rate of £25.
The mainland European countries we ship to are: Austria, Belgium, Czech Republic, Denmark, Finland, France, Germany, Ireland, Italy, Netherlands, Norway, Spain, Sweden, and Switzerland.
We are shipping to Australia now for a flat rate of £35.
Deliveries outside the UK may be subject to additional import duties, taxes or delivery charges, which are levied once a shipment reaches your country. These may vary by destination and the V&A Shop is not responsible for paying these charges. You will be liable for any additional import duties and/or taxes at any foreign port and V&A Dundee is not responsible for covering these charges. You will not be entitled to cancel your order on the basis of unforeseen duties or taxes.
All goods are sent via FedEx, includes tracking.
Please note we are only shipping internationally to the United States, Canada, Austria, Belgium, Czech Republic, Denmark, Finland, France, Germany, Ireland, Italy, Netherlands, Norway, Spain, Sweden, Switzerland, and Australia.
Please be aware that the last date for guaranteed Christmas delivery is Thursday 16th December 2023.
The packaging of goods may vary from that shown on our website. We aim to use sustainable and eco-friendly packaging where possible; the recycled content in our cardboard boxes ranges from 60%-90%. Certain items will require additional packaging materials (for example, ceramics or other fragile products) and as such we will use suitable protective plastic bubble wrap or air shock plastic bags, both of which can be fully recycled.
As part of our commitment to operating as sustainably as possible and reducing our paper and cardboard consumption, large orders may be delivered in a re-used or recycled box.
7.3 When we will deliver goods to you
Provided that the goods are in stock, we endeavour to dispatch all goods within three working days upon receipt of order and these will be sent out using Royal Mail’s first-class delivery service or by third-party courier. This may vary in peak periods such as Christmas and during seasonal sale events and we will notify you if we have reason to believe that there might be a delay in shipment. We expect that your goods will be delivered to you within 3-5 working days upon receipt of order in the UK, and within 12 to 24 days to all international addresses. Once orders have been dispatched, we cannot account for external factors that might cause delays (see 7.6). If we are unable to deliver the goods that you have ordered, we will inform you in writing at the email address given on your order form.
7.4 Out of stock goods
All orders are subject to product availability and we endeavour to ensure that our website indicates when an item is no longer in stock. In the unlikely event that we are unable to accept your order due to an item being out of stock, we will contact you via email to let you know and advise on the expected lead time for more stock to arrive with us and be shipped to you. At this point you will have the right to either accept the change in shipping time (in which case your email reply will represent a new offer which we will accept upon notification of dispatch) or reject the change (in which case your email reply will represent a withdrawal of your order, or the relevant part of your order as the case may be). If you choose to withdraw your order and we have already taken payment, we will refund your payment (including all delivery charges) and if we have not yet taken payment we will not charge you for the goods.
7.5 Part Deliveries
If you have ordered multiple items, from time to time we may have to ship your order in separate packages. Should this be the circumstance, we will be unable to guarantee that all packages will arrive together. Regardless of the number of deliveries you receive, you will only be charged the original postage amount that was quoted to you at the time you placed your order (if you qualify for free shipping then this will be £0). All delivery charges will be charged to you on the first order/delivery and any dispatch of a parcel thereafter to complete your order will be free of charge.
7.6 Shipping delays
If our supply of the goods is delayed by an event outside of our control then we will contact you via email as soon as possible to let you know and we will take any steps possible to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any goods you have paid for but not received. If you have not received your goods or status update within 30 days of placing your order, this would indicate that something might have gone wrong with your order so please contact us to discuss.
7.7 If you are not at home when the goods are delivered
If no-one is present to take delivery and in cases sign for the parcel, you should receive a calling card from Royal Mail or the courier explaining how and where to collect your parcel or who to call to organise a re-delivery. If you do not rearrange delivery or collect your parcel within a certain period of time, it will be returned to V&A Dundee and you may be charged for storage costs. Re-delivery can then be arranged but will incur a supplementary postage cost. Ultimately, we may end the contract (see 10.1).
7.8 Late deliveries and your legal rights
You have legal rights if we deliver any goods late. You may treat the contract as at an end straight away if we have refused to deliver the goods, if we miss the delivery deadline for any goods or if you expressly requested and we agreed with you in writing before we accepted your order that delivery within the delivery deadline was essential.
7.9 Your ownership of the goods
Goods will be your responsibility from the time we deliver the goods to the address you gave us or you (or a carrier or person organised by you) collect the goods from us. Once the goods have become your responsibility and we have received full payment, you will have full ownership of the goods.
7.10 Reasons we may suspend the supply of goods to you
We may have to suspend the supply of the goods to you deal with technical problems or make minor technical changes, to update the goods to reflect changes in relevant laws and regulatory requirements (see 6) or to make changes to the goods as requested by you (see 5). If we do not receive payment from you or your payment is refused by your payment service provider (see 12.4) then we may suspend supply of the goods until you have paid us the outstanding amount.
- Your rights to end the contract
8.1 Ending the contract with us
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract.
If your goods are faulty or misdescribed you may have a legal right to end the contract (see 11). If you want to end the contract because of something we have done or have told you we are going to do, see 8.2 Ending the contract because of something we have done or are going to do. If you have changed your mind about the goods, see 8.3 Exercising your right to change your mind. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.
8.2. Ending the contract because of something we have done or are going to do
If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any goods which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the goods or these terms which you do not agree to (see 6)
(b) we have told you about an error in the price or description of the goods that you have ordered, and you do not wish to proceed.
(c) there is a risk that supply of the goods may be significantly delayed because of events outside our control (see 7.10).
(d) we have suspended supply of the goods for technical reasons, or have notified you we are going to suspend them for technical reasons, in each case for a period of more than fourteen days.
(e) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see 7.8).
8.3 Exercising your right to change your mind (The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013)
Under the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to change your mind for 14 days after the day you (or someone you nominate) receives the goods. As part of our goodwill guarantee, for most goods bought from us online or through our mail order service, you have the right to change your mind within 28 days after the day you (or someone you nominate) receives the goods, and receive a full refund. If you are a UK customer and you change your mind within 28 days as above and you return all goods ordered to us in their original condition, we will refund your original delivery charge. In the event of a partial return, the original delivery charge will be non-refundable. Our goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed goods (see 11. Summary of your legal rights). Return delivery charges are non-refundable unless your order was faulty, incorrect or misdescribed.
8.4 Goods exempt from the right to change your mind
You do not have a right to change your mind when the goods that you have purchased are:
(a) any goods that are personalised or made to order
(c) perishable or edible items
(e) items which have been sealed for health and safety purposes and where the seal is broken (such as pierced earrings, cosmetics)
(f) face coverings.
This does not affect your legal rights in relation to faulty or misdescribed goods (see 11).
- How to end the contract with us (including if you have changed your mind)
9.1. Tell us you want to end the contract
To end the contract with us, please let us know by filling in the V&A Dundee online shop returns form. We will include a copy of this with your goods, which you should fill in and return to us via post. Alternatively, you can download the returns form here and return it to us completed via email at firstname.lastname@example.org.
You can also contact us at any point to discuss the termination of contract by emailing us, calling us or writing to us (see 2.2)
9.2 Returning goods after ending the contract
If you end the contract for any reason after goods have been dispatched to you or you have received them, you must return them to us in the condition that you received them, along with a completed returns form as described at 9.1. This can be done by posting the goods that you wish to return to us to the address provided on the returns form. Alternatively, you can hand over the goods that you wish to return to us in person to the V&A Dundee Shop, provided that you have contacted us in advance to let us know if you intend to do this (see 2.2). We will require you to fill in the returns form and either send it to us via email before the goods are dropped off, or bring a completed copy along with you on the day. Please be advised that we will be unable to process returns for items purchased online in the museum store if you have not contacted us previously to let us know your plans to do this. If goods are not suitable for posting for no fault of your own and you are unable to drop them off to us, then we will organize collection of the goods from you. Please contact us to explain why they need to be collected and we will discuss a suitable arrangement with you for pick up. If you are exercising your right to change your mind you must send the goods within 14 days of telling us you wish to end the contract. Wherever possible, please return the items in their original (or similarly robust) packaging.
9.3 Return shipping costs
Return shipping charges are non-refundable, including where you are exercising your right to change your mind, with the exception of the following circumstances, in which case we will cover the return charges from within the UK:
(a) if the goods are faulty, damaged, incorrect or misdescribed
(b) if you are ending the contract because we have told you of an upcoming change to the goods or these terms, an error in pricing or description, a delay in delivery due to events outside of our control or because you have a legal right to do so as a result of something we have done wrong.
9.4 International Returns
We are unable to refund any additional international customs duties and sales taxes that you may have been charged for orders shipped outside of the United Kingdom. If you are returning anything to us from an international address, you must complete a customs declaration when sending the goods, correctly indicating that the package contains “returned goods – relief claimed” or similar. We will not pay customs duty to receive back the returned goods.
9.5 How we will refund you
We will refund you the price you paid for the goods including delivery costs if applicable (see 9.3), by the method you used for payment. However, we may make deductions from the price in certain circumstances, described below.
9.6 Deductions from refunds if you are exercising your right to change your mind
If you are exercising your right to change your mind, we have the right to reduce your refund of the price 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. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount to compensate for the reduction in value. The refund provided for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of the goods within 3–5 days at one cost but you choose to have the goods delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
9.7 When you will receive your refund
We will make any refunds due to you as soon as we are able to. We are committed to processing all agreed refunds within 5 working days, but please allow for up to 14 days for the refund to be processed. This will either be upon of receipt of returned goods in their original condition as received, or upon written agreement between V&A Dundee and customer that a refund can be processed for goods or a service without the requirement that goods are returned to us.
- Our rights to end the contract
10.1 We may end the contract if you break it
We may end the contract for the sale of the goods at any time if you do not make any payment to us when it is due or if you do not, within a reasonable time, allow us to deliver the goods to you or collect them from us. If we choose to end the contract we will inform you in writing.
10.2 You must compensate us if you break the contract
If we end the contract in the situations set out in 10.1, we will refund any money you have paid in advance for goods that we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking of the contract.
- Summary of your legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice Website or call the consumer helpline on 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your goods your legal rights entitle you to the following:
- a) Up to 30 days, if your goods are faulty, then you are entitled to an immediate refund.
- b) Up to six months, if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
- c) Up to six years, if your goods do not last a reasonable length of time you may be entitled to some money back.
See also 8.3 Exercising your right to change your mind.
- Price and payment
12.1 Where to find the price for the goods
The price of the goods (which includes VAT) will be the price indicated on the order pages when you placed your order. This will be confirmed again in the automated confirmation email that you will receive when you have submitted your order to us. We endeavour to ensure that the price of the goods advised to you is correct. However please see 12.3 for what happens if we discover an error in the price of the goods you order.
12.2 Changes in the rate of VAT
If the rate of VAT changes between your order date and the date we supply the goods, we will adjust the rate of VAT that you pay, unless you have already paid for the goods in full before the change in the rate of VAT takes effect. We will confirm in writing to you any details of changes in VAT rates if this has an impact on your order.
12.3 Pricing errors
It is always possible that, despite our best efforts, some of the goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the goods' correct price at your order date is less than our stated price at your order date, you will be charged the lower amount. If the correct price of the goods at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. In most cases, as a goodwill gesture to compensate for our error, we will honour the price of the goods stated to you, and this will be at the discretion of our team. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may choose to end the contract, refund you any sums you have paid and require the return of any goods provided to you.
12.4 Your payment for goods
We accept payment with most credit and debit cards. With online orders, payment will be taken from your card at the point that the order is made. With mail orders and orders placed over the phone, payment will usually be taken from your card at the point that the order is made but we reserve the right to delay payment until the point that the order is accepted by us and shipment arranged. In all cases you must pay for the goods in full before we dispatch them.
- Our responsibility for loss or damage suffered by you
13.1 Limitation on our liability
Subject to clause 13.3 and insofar as it is permitted by law, in the event that we are liable to you for loss or damage under the terms of this contract, our liability will not exceed the total amount paid by you under the contract of sale between us.
13.2 We are responsible to you for foreseeable loss and damage caused by us
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the goods as summarised at 11, and for defective goods under the Consumer Protection Act 1987.
13.4 We are not liable for business losses
We only supply the goods for domestic and private use. If you use the goods for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity, including indirect and consequential losses.
- How V&A Dundee may use your personal information
- Other important terms
15.1 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee)
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.2 Nobody else has any rights under this contract
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.3 If a court finds part of this contract illegal, the rest will continue in force
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.4 Even if we delay in enforcing this contract, we can still enforce it later
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the goods, we can still require you to make the payment at a later date.
15.5 Which laws apply to this contract and where you may bring legal proceedings
These terms are governed by Scottish law and you can only bring legal proceedings in respect of the goods in the Scottish courts.
CHANGES TO THESE TERMS
These terms and conditions were last updated in March 2021.
We may change or update these terms from time to time so please check this page occasionally to ensure that you're happy with any changes.