Hello and thanks for having a look at the ShopMuse terms of service. These terms and conditions set out the legal terms that apply to your use of our Services, including http://www.ShopMuse.Org, (desktop and mobile versions, any of our apps and the other services that we provide (which we will refer to as the "Services" or the “Website”). Please note that simply by using any of the Services, as defined above, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, do not browse the site, download our apps or use any Service we provide. If you continue to use the Services it constitutes legal acceptance of these Terms and Conditions. Please do not use the site or buy anything on ShopMuse or any of our sites or through any of our Services if you are under 18 years old, without the presence of a parent or legal guardian. Please also know that our Privacy Policies, ordering and fulfillment / shipping services are incorporated by this reference and should be read as part of these Terms of Service.
1) Understanding these Terms and Conditions
When certain words and phrases are used in these Terms and Conditions, they have specific meanings (these are known as 'defined terms'). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of the Terms and Conditions where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
When we refer to "we", "us" or "our", we mean Twenty61, LLC, doing business as ShopMuse. Where we refer to "you" or "your" we mean you, the person using the Services.
We have used headings to help you understand these Terms and Conditions and to easily locate information. We may amend these Terms and Conditions from time to time so please check the Website regularly, and each time you use the Services to order products, to insure you understand the legal terms which apply at that time).
2) About us
We are Twenty61, LLC dba ShopMuse and we operate the Services. We are a company registered in the Commonwealth of Pennsylvania in the United States. You may contact us HERE. Further details of the Services we provide are set out in section 3 below. When you purchase products using the Services, you are purchasing them from the third party retailers ("Museum Partner(s)") named on the Website and Apps. It is important that you understand that the contract for the purchase of the products is between you and the relevant Museum Partner. We are acting as agent on behalf of the Museum Partners, which are the principals. You are not purchasing the products from us. We are authorized by the relevant Museum Partners to conclude the contract on their behalf but we are not a party to that contract and you are not purchasing the products from us. Further details about the products, the Museum Partners and the contract between you and the Museum Partners in relation to your purchase of the products are set out in sections 4, 5 and 6 below.
3) Our Services
The Services we offer allow you to search through the Website and /or Apps and purchase products from a large number of Museum Partner shops. As part of the Services, we also provide some ancillary services such as arranging delivery of the products and providing you with customer service assistance without charge. However, as stated above, the contract for the purchase of the products is between you and the relevant Museum Partner(s). This means that it is the Museum Partner (not us) who is legally responsible for selling the products to you.
4) The Products
We attempt to be as accurate as possible in the description of the products displayed through / on the Services. However, as the descriptions are based on information provided to us by the Museum Partners (who remain responsible for them), we cannot guarantee that all details are always accurate, complete or error free. Please contact our Museum Partner if you would like more information about a product. The images of the products on the Website are for illustrative purposes only, and although we attempt to display colors accurately, we cannot guarantee that your computer's display of the images accurately reflect the true color of the products. We do not allow Museum Partners to offer flawed items or products of lower quality than the corresponding market standards for sale on the Website. If an item you have ordered is not as described, is flawed or of a lower quality, you can return it to the Museum Partner that shipped you the item. Once the item is received by the correct Museum Partner, you will receive a full refund of the defective product, or alternatively a replacement, as agreed between you and the Museum Partner. We will refund you any applicable delivery charges you incur in returning the products. Please see section 9 below for details of how to arrange a return.
5) ShopMuse Museum Partners
As explained above, the contract for the purchase of the products is between you and the relevant Museum Partner. We are acting as agent and are authorized by the relevant Museum Partner to conclude the contract on its behalf but we are not a party to that contract and you are not purchasing the products from us. We request that all Musuem Museum Partners using the Website have and maintain reasonable business and privacy policies that comply with our own business and privacy policies. We cannot, however, be responsible for the Museum Partners’ business or privacy policies. If you are unhappy with the product or service you have received from a Museum Partner, you should contact them. If you are unable to make a return and obtain a refund, let Us know and we will liaise with the relevant Museum Partner on your behalf to try and resolve the issue.
6) Orders, prices and payment
The steps you need to take to place an order are explained on the relevant carting and shipping pages of the Website.
By completing the check-out process and placing an order by clicking the order completion button on the checkout page, you are purchasing the products from the relevant Museum Partner (and not directly from us). Your order for the products is subject to these Terms and Conditions, which are incorporated into the contract between you and the relevant Museum Partner. All orders are subject to availability and confirmation of the order price, which is determined by the relevant Museum Partner. After entering into the contract for the products with the Museum Partner, the Museum Partner will be under a legal duty to supply you with goods that are in conformity with the contract. Legal title to the product purchased will pass to you upon your payment being accepted. Risk in the product will remain with the Museum Partner until it is delivered to you at the address specified when you placed your order.
To order products you must be over 18 years of age and possess a valid credit or debit card (please see section (c) below for details of acceptable payment methods). By placing an order, you are promising that all details you provide are true and accurate, that you are over 18 years of age, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds in the account to cover the cost of your order.
The Website allows you to check your order and correct any errors before completing a purchase. Please take the time to read and check your order at each page of the order process as you are responsible for insuring that the information you provide is accurate (for example, the correct products, quantities, size, color, etc.).
(a) Formation of the contract between you and the Museum Partner(s) The identity of the Museum Partner is shown on the order confirmation page when you place an order.
When you place an order, you will receive an email confirming receipt of your order. This email is only an acknowledgement for information purposes and it does not constitute acceptance of your order by the Museum Partner. The contract between you and the Museum Partner in relation to the products will not be formed until the Museum Partner ships your order. If your order is accepted /shipped, you will receive a confirmation email. The confirmation email will include a description of the products purchased in the order and certain other information about your rights to return the product. Only those products listed in the dispatch confirmation email are included in the contract between you and the Museum Partner.
(b) Pricing and availability While we try and insure that all details, descriptions and prices that appear on the Website are accurate, as this information is provided to us by the Museum Partners, there may be cases where errors occur. If we discover an error in the price of any products that you have ordered, we or the Museum Partner will inform you of this as soon as possible and, give you the option of reconfirming your order at the correct price or cancelling it. If we, or the Museum Partner are unable to contact you, your order will be treated as cancelled. If you cancel and you have already paid for the products, you will receive a full refund as soon as possible.
Delivery costs are not included in the prices and will be charged in addition. The delivery costs will vary depending on the products that you have ordered and your delivery address. Please see the "Shipping” information section for further details. The delivery costs applicable to your order will be clearly displayed at checkout before you place your order (and are included in the "Total Cost" amount shown on the order summary page).
Depending on your delivery address, different taxation rules and additional charges may apply. If you are receiving our Museum Partner’s item(s) in a country other than the USA, you may need to pay import duties upon receipt of the products. We will notify you during the checkout process if import duties are included or you may have to pay them upon receipt of the products. If they are not included, neither we nor the Museum Partner have any control over these charges and we cannot advise on their amount. You will be responsible for payment of any such import duties and taxes that are not included. Please contact your local customs office for further information and a “landed cost estimate” before placing your order. Additional information is also available in the "Duties and Taxes" section of our Orders and Shipping page.
For US customers, our Museum Partners do collect sales or use tax in all states, as applicable. ShopMuse does not collect use tax for international purchases. For states imposing sales or use tax, your purchase may be subject to use tax unless it is specifically exempt from taxation. Many states require customers to file a sales/use tax return at the end of the year reporting all taxable purchases that were not taxed and to pay tax on those purchases. For more details, please contact your respective taxing authorities.
Please note that if you return an item, the taxes and import duties will be refunded to you if they were originally included in the purchase price. If they were not included then you will be responsible for reclaiming duty directly from your local customs office.
(c) Payment. Please see the "Which payment methods do you accept?" section of our FAQs for details of our available payment methods. When you submit your order, we carry out a standard pre-authorization check on your payment card on behalf of the relevant Museum Partner, and products will not be dispatched until the details you have provided are verified. Once we have verified your payment details and the Museum Partner has accepted and approved your order for delivery, the Museum Partner will email you to inform you that the item has shipped. In the unlikely event that we or the Museum Partner encounter a problem when processing your order, we will contact you and may possibly request further information to try and resolve the issue.
We reserve the right not to submit your order to the Museum Partner, and the Museum Partner reserve the right not to accept your order if, for example, the product ordered is out of stock, has been withdrawn or is otherwise not available, or if we are unable to obtain authorization for your payment or if you do not meet the eligibility criteria (e.g. you are under 18).
The estimated delivery date of the products will be stated in your order confirmation email. If you do not receive an estimated delivery date from us, we will deliver the order within 30 days after the date of dispatch. The Museum Partners (and not Us) initiates the delivery services to you and will try to ensure that your order is delivered by the estimated delivery date, if given,) but there may be circumstances where delivery is delayed. We will not be liable to you for any losses caused as a result of such delay.
Delivery times may vary depending on the availability of the products and your delivery address. Delivery times are estimates only and cannot be guaranteed.
9) International Delivery
If you purchase products for delivery to an international destination, your order may be subject to import duties and taxes which are applied when the package reaches that destination. Please see section 7(b) (above) for more information on duties and taxes. 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 breach any such laws.
10) Returns Policy
You have 30 days to return any order that is not to your satisfaction. A return label is included, and the return shipping cost is free. Please return items in the original packaging and in the condition in which you received it. When the return has been received, a refund of the item price, minus the ship cost, will be issued promptly.
11) Our Website
This section sets out the rules that apply to your use of the Website (whether or not you use it to order products or just to browse). By using the Website, you agree to these rules. If you do not agree to these rules, don’t use the website. Your use of our Services are subject to the Privacy policies detailed in the relevant section of our Website. Please read them. Use of the site constitutes acceptance of the Privacy Policies.
(a) Access to the Website
The Website is made available free of charge and you are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for insuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions, and that they comply with them.
Access to the Website is permitted on a temporary basis and it does not include any commercial use of the Website or its contents. You must not reproduce, copy and/or exploit the Website for any commercial purposes without our prior written consent.
We reserve the right to withdraw or amend the Website without notice and, from time to time, we may restrict access to all or parts of the Website. We will not be liable to you if, for any reason, the Website is unavailable at any time or for any period.
When you visit the Website and/or submit an order, you are communicating with us electronically and you agree that all agreements, notices, disclosures and other communications that we send to you electronically (whether on our behalf or on behalf of the Museum Partners) satisfy any legal requirement that same communications be in writing.
(b) Your conduct
You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way.
You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only.
You must not use the Website for any of the following:
In any way that breaches any applicable local, national or international law or regulation. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect. To send, use or reuse any material that is: (i) illegal, offensive, abusive, indecent, defamatory, obscene or menacing, and/or (ii) in breach of copyright, trademark, confidence, privacy or any other right, and/or (iii) otherwise injurious to third parties, and/or (iv) objectionable, and/or (v) which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam". To cause harm, annoyance, inconvenience or needless anxiety to any person.
Breaching these provisions would constitute a criminal offence. We, in compliance with any enforceable law or public order, will report any such breach to the relevant law enforcement authorities and disclose your identity to them. If you breach any of the Terms and Conditions and/or any Third Party Products and Services’ terms and conditions, you will indemnify us in full against all costs, expenses, liabilities, damages and losses (excluding any indirect, incidental or consequential loss), including any interest, fines and legal or other professional fees and expenses awarded against or incurred or paid by us and/or any member of our group as a result of or in connection with your breach.
(c) Third Party Products and Services on the Website
The Website may contain services and/or products (including add-ons and applications) offered by third parties other than our Museum Partners (the “Third Party Products and Services”). Your use of these Third Party Products and Services may be subject to additional terms and conditions which we recommend you review before first using such Third Party Products and Services and continue to review for any changes. We disclaim any responsibility or liability for or in connection with your use of any Third Party Products and Services. We reserves the right to suspend, withdraw, terminate and/or amend your access to the Websites and/or Services, including but not limited to Third Party Products and Services, in the event that you breach any Third Party Products and Services’ terms and conditions. Use of Third Party Products and Services is entirely at your own risk.
We make no guarantee that any or all features of the Websites, Services or Third Party Products and Services will work on any particular device.
We are happy for you to link to the Website but you must do so in a way that is fair and legal and does not damage our reputation or take advantage of it (such as by using a link to suggest any form of association or endorsement by us). We reserve the right to withdraw linking permission at any time and, if we instruct you to remove a link to the Website, you must do so without delay.
Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources and such links should not be interpreted as an endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
(e) Our liability in relation to the Website
We may update or change the Website or its contents at any time but we are under no obligation to do so. Please note that this means any of the content on the Website may be out-of-date at any given time. The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. We make no representations, warranties or guarantees, whether express or implied, that the Website, or any content on it, is accurate, complete, up-to-date or will be free from errors or omissions. To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms that may apply to the Website, or any content on it, whether express or implied.
We will not be liable to you or any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with: (i) use of, or inability to use, the Website; or (ii) use of or reliance on any content displayed on the Website.
Please note that we only provide the Website for domestic and private use and, as such, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it. We do not in any way exclude or limit our liability for any liability which cannot be limited by law. Different limitations and exclusions of liability will apply to liability arising as a result of our supply of the Services to you (as set out above) and the Museum Partners’ supply of the products to you.
12) Intellectual property, software and content
We are the owner or the licensee of all intellectual property rights in the Website and its content (such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software including the presentation and compilation of the same) ("Content"). The rights in the Website and the Content are protected by international copyright laws as well as by any relevant national law concerning copyright, authors' rights and database right laws. All such rights are reserved.
You must not systematically extract and/or re-utilize parts of the Website or the Content. In particular, you must not use any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the Website. You must not create and/or publish your own database that features substantial parts of the Website (e.g. our prices and product listings) without our prior written consent.
Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on the Website are in no way associated, linked or affiliated with us. The respective trademark owners own any trademarks/names featured on the Website.
13) Ethical sourcing policy
As a reputable and trusted business committed to offering its customers high quality products, we recognise our obligation to ensure that all Museum Partners and other suppliers are operating ethically. We expect all Museum Partners and other suppliers to consistently provide an environment which protects their employees' health and safety and basic human rights. All Museum Partners and other suppliers are expected to comply with their national employment laws and regulations with particular regard to: minimum age of employment, freely chosen employment, health and safety, freedom of association and the right to collective bargaining, no discrimination, no harsh or inhumane treatment, working hours, rates of pay and terms of employment. We will never knowingly allow a Museum Partner to offer its products on the Website if such products are sourced from countries which are in breach of these principles. We also look to the Museum Partners and other suppliers to instill these principles when dealing with their own supplier base. Because of the sometimes complex nature of the Museum Partners and other suppliers' supply chain, it is not always possible to monitor and control the conditions of each individual involved in the production of the products. However, as we continue to grow, we recognize the importance of being proactive and doing everything within our power to support the rights of those involved in the manufacture of the products.
14) Other important information
Severability - Each of the sections and paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections and paragraphs will remain in full force and effect.
Waiver - If you breach these Terms and Conditions and we take no action, or if we delay in taking action, that does not mean that we have waived our rights and we will still be entitled to use our rights and remedies. If we do waive a breach by you, we will only do so in writing (signed by one of our LLC Partners), and that will not mean that we will automatically waive any later breach by you.
Entire agreement - These Terms and Conditions constitute the entire agreement between you and us and they supersede any and all earlier agreements between you and us.
Events outside of our control - We and the Museum Partners will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you if such failure or delay is caused by an event outside of our control.
An event outside of our control means any act or event beyond our or the Museum Partners reasonable control such as act(s) of God, wars, terrorist attacks, embargos, riots, strikes, lock-outs, trade disputes, fires, floods, earthquakes or other natural disasters, break-down, inclement weather, interruption of transport, Government action or failure of public or private telecommunications or transport networks.
If such an event takes place and it affects the performance of our or the Museum Partners’ obligations to you: (i) we will contact you as soon as reasonably possible to notify you; and (ii) our and the Museum Partners’ obligations to you will be suspended for the duration of the event. Where the event affects delivery of products to you, we will contact you to arrange a new delivery date after the event is over.
Complaints - We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. Please see our Contact Us page for details of how to get in touch with us.
17) Governing Law and Jurisdiction
Anything related to your order, use of the Websites or these Terms and Conditions are governed by Pennsylvania law. The courts of Pennsylvania shall have the exclusive jurisdiction over any dispute or claim relating to these Terms and Conditions
This site is wholly owned and operated by Twenty61, LLC, doing business as ShopMuse. We are concerned about and respect your privacy. We do everything we can to insure that your experience on ShopMuse is satisfying and safe. The information you provide to buy merchandise on the site is used only to fulfill your order, and nothing else. We do not keep your payment details. We comply with PCI DDS standards for Internet credit card transactions, which means, in part, that there is no information about your payment details kept on our servers.
Because we gather certain types of information about our users, and pass some of that information along to the museums that you are purchasing from, as well as some third party service providers, we feel you should fully understand our policy and the terms and conditions surrounding the capture and use of that information. This privacy statement discloses what information we gather and how we use it.
ShopMuse gathers several different types of information as you use our sites and apps.
Information you provide voluntarily:
If you sign up for an account, a newsletter, or comment on a product, or a blog post, you will need to provide us an email address. We may use the newsletter to provide information to you that your on-site browsing patterns indicate an interest in. If you download a ShopMuse mobile app, we will likewise send you information that your app and web usage indicates that you may be interested in. You can unsubscribe from any email communication by following the unsubscribe link. You can remove the app from your mobile device through the settings function on your device(s). More information about tracking and data use from our site and our apps is below.
When you make a purchase on ShopMuse, your email address and other information pertaining to the fulfillment of your order is sent to the museum that’s fulfilling
ShopMuse tracks user traffic patterns throughout our site and our mobile apps. However, we do not correlate website use information with data about individual users (unless you have opened an account on the website, signed up for an email newsletter, or downloaded our App). When you use ShopMuse, we do break down overall usage statistics according to a user's domain name, browser type, and MIME type by reading this information from the browser string (information contained in every user's browser). ShopMuse sometimes tracks and catalogs the search terms that users enter in our Search function, but this tracking is never associated with individual users. We use tracking information to determine which areas of our sites users use and don’t use based on traffic to those areas. We do not track what non-account holders look at, but rather how well each page performs overall. This helps us continue to build a better service for you. If you are an account holder or a ShopMuse app user who has signed up for account, emails and/ or app notices, we may use the information to send you discounts on products you are interested in, or to suggest products that you might be interested in.
USE OF INFORMATION.
ShopMuse uses any information voluntarily given by our users to enhance their experience in our site and apps, whether to provide interactive or personalized elements on the sites or to better prepare future content based on the interests of our users. ShopMuse creates aggregate reports on user demographics and traffic patterns for advertisers, sponsors and partners. This allows our advertisers to advertise more effectively, and allows our users to receive advertisements that are pertinent to their needs. Because we don't track the usage patterns of individual users, an advertiser or sponsor will never have access to your personal information, or know that a specific user clicked their ad. We will not disclose any information about any individual user except to comply with applicable law or valid legal process or to protect the personal safety of our users or the public.
Consistent with the Federal Children's Online Privacy Protection Act of 1998 (COPPA), we will never knowingly request personally identifiable information from anyone under the age of 13 without requesting parental consent.
ShopMuse operates secure data networks protected by industry standard firewall and password protection systems. Payment data is protected in accordance with PCI DDS standards, and as such, it is not stored on our site or in our servers. Our security and privacy policies are periodically reviewed and enhanced as necessary and only authorized individuals have access to the information provided by our customers.
Information generated by normal use of our sites may be subject to capture by third parties that we may not be aware of. Our systems employ the best security safeguards available, but we are not responsible for unintended data breaches.
When you download a ShopMuse App, you may choose to receive notifications from us and share your geo-location details with ShopMuse in order to use our location-based services. If you have provided your location details but would no longer like to share that information, you may opt out of those services through the settings on the Apps or on your mobile device. We will only share your geo-location details with third parties (like our notifications providers) for the sole purpose of providing you with those services. Some members or visitors may connect to the Site or the Apps or register an account using an external third-party application, such as Facebook. ShopMuse may receive data from those connected third-party applications. Connecting your ShopMuse account to third-party applications or services is optional, and when you connect your account to an external app, you will be granting ShopMuse permission to receive information from the third-party applications. You can also choose to share some of your activity on ShopMuse on certain social media networks which are connected to your ShopMuse account. You can modify your settings and revoke your permission under your ShopMuse account permission settings
ShopMuse.Org brings together a carefully selected collection of artist-inspired products from leading museum-stores to purchase in one basket. When you purchase an item on ShopMuse, we send your order information and shipping details to the museum store(s) where your order(s) will be fulfilled.
The price you pay with us is the same as if you go direct to the individual stores, the only difference is you can buy from all of them together, at once. This also means that different items in an order may arrive separately.
Our Museum store partners are small shops within museums, and have fewer resources than national chain stores and giant order fulfillment businesses. Most museum stores are closed on a day (or even two) each week, as well as on several holidays each year. Still, our partners strive to dispatch goods within 3 working days of the order being placed, and you'll get an email to confirm shipment
When your order is shipped, you receive an email identifying the carrier and containing a tracking number and an estimated arrival date. In the event that the item doesn’t arrive on time, please use the carrier’s tracking system to trace your package. If the order fails to arrive, please contact the museum store from which the shipment originated to arrange a satisfactory resolution, including, if required, a refund.
ShopMuse is a website that displays merchandise from the best museum stores, but does not handle any of the products you buy, nor do we ship them to you. As a result, ShopMuse is not responsible or liable to you for any issues pertaining the items you purchased. However, your satisfaction is very important to us. A customer service phone number is on the order confirmation for each store fulfilling your order. Call that number if you have any issues with your orders. If you don’t receive satisfaction from the museum store from which you ordered, please contact [email protected] Forward back to us your original confirmation email, or give us the order number contained in it, and let us know what the problem is. Also, give us a contact phone number for you. We will strive to make sure that any issues are resolved in a timely manner, and to your full satisfaction.
When you order an item ShopMuse.Org, you are buying from our museum store partners who send it to you directly, which means individual postage costs will apply from each individual vendor.
Rates include shipping + handling fees.
Rates are based on weight and desired delivery date.
Every museum ships from its own store. As a result, separate charges will apply.
You have 30 days to return any order that is not to your satisfaction.
Please return it in the original packaging and in the condition in which you received it.
Your purchases support the great museums you buy from, and help them to bring great art, learning and culture to the communities that they serve. THANK YOU