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ENO Shop Terms and Conditions

Terms and Conditions for the purchase of goods from the ENO Shop

Definitions

“ENO Shop”

means the shop business run by ENOTL and situated within the London Coliseum, St Martin’s Lane, London, WC2N 4ES

“Consumer”

means an individual acting for purposes that are wholly or mainly outside the individual’s trade, business, craft or profession.

“Contract”

means any contract for the purchase of Items made between you and ENOTL.

“Distance Contract”

means any contract for the purchase of Items made between you and ENOTL using a form of distance communication, including:

  • over the Online Shop;
  • by phone;
  • by email.

“Item”

means any product offered for sale: on the Online Shop; as part of the ticket booking process (excluding tickets) or in the ENO Shop.

“ENO”

means ENO whose registered and principal trading address is London Coliseum, St. Martin’s Lane, London WC2N 4ES. Registered in England company number 426792. Registered charity number 257210. VAT registration number GB 539348220.

“Online Shop”

means the online shop website found at www.londoncoliseum.org/shop The Online Shop is a business run by ENOTL.

“ENOTL”

means English National Opera Trading Limited whose registered and principal trading address is. London Coliseum, St. Martin’s Lane, London WC2N 4ES. Registered in England company number 426792. VAT registration number GB 539348220. ENOTL is a trading subsidiary of ENO.

1. General

1.1. These terms and conditions relate to the purchase of Items. Please read these terms and conditions carefully before purchasing any Items as, by doing so, you accept that these terms and conditions will govern all Contracts.

1.2. Any offer made by you for the purchase of Items shall remain valid for 3 working days.

1.3. These terms and conditions only apply to the purchase of Items in the ENO Shop or in the Online Shop. They do not apply to ticket bookings or any other goods or services available on the ENO website to which separate terms and conditions apply.

1.4. We are under a legal duty to comply with the Consumer Rights Act 2015. We particularly draw your attention to the obligation to provide goods that are of satisfactory quality and comply with the description provided.

2. Placing Orders Using the online shop

2.1. To make an order using the Online Shop, simply place the Items you would like to purchase in your online shopping basket and follow the instructions on how to complete our secure online order form before proceeding to payment. You can correct any mistakes you make when filling out the online order form at any point before submitting it.

2.2. Once you have placed your order, we will send you an email acknowledging your order and confirming whether or not we have accepted it. A Contract will be formed once you have received this confirmation of acceptance.

2.3. The only language offered for the conclusion of a Contract online is English.

2.4. Details of all Contracts concluded online (including the method of payment but not the card details) will be kept on file by us and can be provided to you upon request.

2.5. You can view details of your order by logging into your account at https://tickets.londoncoliseum.org/CrmDetails.aspx

3. Payment and Pricing for orders placed using the online shop

3.1. The price (including all taxes where relevant) of all Items detailed on the Online Shop.

3.2. All prices stated are inclusive of tax, but exclusive of delivery costs which will be displayed as a separate item at the checkout section of the online booking form.

3.3. Prices on the Online Shop may change without notice and may also vary from those listed in the ENO Shop.

3.4. You will be charged the price for the Item that was displayed on the Online Shop at the time you placed your order, even if the price for that Item has subsequently increased or decreased.

3.5. All orders, including international orders, will be charged in pounds sterling (£).

3.6. Payment will be taken when we despatch your order, or when we pack your order if you have opted to collect your Items. Payment will be taken using YesPay.

3.7. We only accept payment by:

  • Credit card: Visa, Delta, MasterCard and American Express;
  • Debit card: Visa, Delta, MasterCard, American Express and UK based Maestro and Solo cards;
  • Pre-paid payment card: Visa, MasterCard and American Express

4. Payment and Pricing for orders placed by phone or email

4.1. Information regarding the price (including all taxes where relevant) and payment for Items available for purchase by phone or email will be provided to you prior to placing your order. If this information is not given to you in writing before the Contract is concluded, it will be confirmed in writing as soon as possible once the Contract has been concluded.

4.2. All prices stated are inclusive of tax, but exclusive of delivery costs.

4.3. You will be charged the price for the Item that was provided at the time you placed your order, even if the price for that Item has subsequently increased or decreased.

4.4. All orders, including international orders, will be charged in pounds sterling (£).

4.5. For orders placed over the phone or by email, we accept payment by:

  • Credit card: Visa, Delta, MasterCard and American Express; and
  • Debit card: Visa, Delta, MasterCard, American Express and UK based Maestro and Solo cards.

4.6. Payment will be taken when we despatch your order, or when we pack your order if you have opted to collect your Items (see clause 7 below).

5. UK Delivery

5.1. For orders placed over the Online Shop, the delivery costs and delivery methods for your order will be displayed once you have placed the Items you wish to order in your shopping basket and have reached the checkout page. You are not obliged to go ahead with your order at this stage.

5.2. For orders placed by phone or email, the delivery costs and delivery methods available for your order will be provided to you prior to placing your order. If this information is not given to you in writing before the Contract is concluded it will be confirmed in writing as soon as possible once the Contract has been concluded.

5.3. We will aim to despatch your order within 2 working days of confirming acceptance of your order using Royal Mail Standard Delivery (3-5 days). Please note that we do not send out orders after 4.30pm.

5.4. We will despatch your Items to the shipping address you provided when you placed your order.

5.5. The actual delivery time will depend on whether the Items you have ordered are in stock. If you have ordered more than one Item and some of your Items are out of stock, we will despatch the Items in stock rather than wait until all your Items can be grouped together to form one delivery.

5.6. We will let you know if your delivery is going to be delayed.

5.7. If we are unable to deliver your Items within 30 days (beginning with the day after the day you placed your order) we will inform you of this and issue you with a full refund. This clause 5.7 shall only apply to Contracts made between ENOTL and a Consumer.

6. International Delivery

6.1. For purchases made using the Online Shop, the delivery costs and delivery methods for your order will be displayed once you have placed the Items you wish to order in your shopping basket and have reached the checkout page. You are not obliged to go ahead with your order at this stage.

6.2. For purchases made by phone or email the delivery costs and delivery methods available for your order will be provided to you prior to placing your order. If this information is not given to you in writing before the Contract is concluded, it will be confirmed in writing as soon as possible once the Contract has been concluded.

6.3. We will aim to despatch your order within 2 working days of confirming acceptance of your order using Royal Mail. Please note that we do not send out orders after 4.30pm. Estimate international delivery times are as follows:

  • Europe (Standard Delivery): 5-7 working days.
  • Rest of the world (Standard Delivery): 7-9 working days.

6.4. We will despatch your Items to the shipping address you provided when you placed your order.

6.5. The actual delivery time will depend on whether the Items you have ordered are in stock. If you have ordered more than one Item, we will always wait until all your Items are in stock so that they may be grouped together to form one delivery.

6.6. We will let you know if your delivery is going to be delayed.

6.7. If we are unable to deliver your Items within 30 days (beginning with the day after the day you placed your order) we will inform you of this and issue you with a full refund. This clause 6.7 shall only apply to contracts made between ENOTL and a Consumer.

6.8. Items for delivery outside of the UK may be subject to import duties and taxes. We have no control over and cannot predict the amount of these charges. It is the person who receives the order who will be responsible for bearing the cost of any such charges. Please make sure if you have arranged for your Items to be delivered to someone else that they are aware of this.

7. Cancellation policy for distance contracts (Consumers)

7.1. This clause 7 shall only apply to Distance Contracts between ENOTL and a Consumer.

7.2. You can cancel any Distance Contract provided you inform us in writing by using the Returns Form provided with your Items or by email customerrelations@eno.org within fourteen (14) days beginning on the day you receive your Items.

7.3. In all cases, we will not issue you a refund until we receive your unwanted Items and a completed Returns Form. Refunds will be issued in accordance with our refund policy in clause 9.)

Returning items by post
7.5. You must send your unwanted Items to:

Freepost Licence
English National Opera
London
WC2N 4BR

7.6. For international returns, you will be responsible for any costs incurred in returning your Items to us. However, where you are returning an Item because it is incorrect or faulty we will refund any delivery costs you have incurred in returning your Items to us. Please ensure that you obtain a certificate of postage showing the cost to you of returning the incorrect or faulty Items.

Returning items in person
7.7. You can return your Items in person at the ENO Shop. Along with the Items you wish to return, please bring a copy of your order confirmation email and a form of ID (for example, a driving licence or credit/debit card) with you as proof of purchase.

7.8. You can authorise someone else to return your order on your behalf provided that you inform us in writing. This person will need to bring a copy of the order confirmation email and a form of ID (for example, a driving licence or credit/debit card).

7.9. Please note that Distance Contracts for the following Items cannot be cancelled under clause 7.2 and these Items will not be refunded or exchanged unless they are faulty or incorrect:

7.9.1. Audio or video recordings (including, but not limited to, DVDs and CDs) if they have been unsealed;
7.9.2. Goods that have been tailored to meet your particular specifications and/or are clearly personalised; and
7.9.3. Newspapers, periodicals and magazines.

7.10. An incorrect Item is where ENOTL have sent you an Item different from the Item ordered, not where you have ordered an Item by mistake.

8. Refund policy for distance contracts (Consumers)

8.1. This clause 8 shall only apply to Distance Contracts between ENOTL and a Consumer.

8.2. We will issue you with a full refund (including the cost of standard delivery) for any unwanted Items provided that you have cancelled the Distance Contract in accordance with clause 7 (above) and we have received your unwanted Items.

8.3. You must return the unwanted Items to us using the address in clause 8.5 within 14 days of receipt of the Items.

8.4. We will process your refund as soon as possible and, in any case, within 14 days of the date on which we received your unwanted Items.

8.5. You are under a legal obligation to take reasonable care of the Items while they are in your possession. When returning your unwanted Items, you have a duty to take reasonable care to see that the Items are received by us and are not damaged in transit. If the value of your Items has diminished as a result of your handling of them beyond what is necessary to establish the nature, characteristics and functioning of the goods then we are entitled to decrease the amount of your refund to reflect this up to the value of the Item.

9. Cancellation and refund policy for purchases made in person in the ENO Shop (Consumers)

9.1. This clause 9 shall only apply to Contracts between ENOTL and a Consumer.

9.2. You may cancel any Contract made in person in the ENO Shop within 7 days of the date of purchase. Please bring the Items you wish to return to the ENO Shop within this period, and if the Items are (in our opinion) in a satisfactory condition we will be happy to refund you the price of the Items.

10. Cancellation and refund policy (Businesses)

10.1. Subject to clause 10.2, you may not cancel any Contract made in the course of your business and ENOTL will not refund any Items after purchase.

10.2. ENOTL will refund (or exchange in accordance with clause 11 below) any faulty or incorrect Items. An incorrect Item is where ENOTL have sent you an Item different from the Item ordered, not where you have ordered an Item by mistake. You must inform us of your intention to cancel the Contract under this clause 10.2 within five (5) working days of receipt of your Items. We will provide you with an address to which your Items should be returned.

10.3. Any refund issued under clause 10.2 shall be limited to the price of the Items purchased (excluding any delivery costs).

11. Exchange Policy

11.1. We will only exchange Items which are incorrect or faulty. Incorrect Items may only be exchanged for the correct Item as stipulated in your order. Faulty Items may only be exchanged for another of the same product.

11.2. If we are unable to source replacement products we will inform you and issue you with a full refund.

11.3. Depending on stock availability we may be able to exchange faulty/incorrect Items in person at the ENO Shop. Along with the Items you wish to exchange, simply bring along a copy of your order confirmation email and a form of ID (for example, a driving licence or credit/debit card) with you as proof of purchase. You can authorise someone else to exchange your Items on your behalf provided that you inform us in writing. This person will need to bring a copy of the order confirmation email and a form of ID (for example, a driving licence or credit/debit card). If the exchange goods are out of stock at the time of your visit, we will deliver them to the address provided in your original order as soon as they become available.

12. Limitation of Liability

12.1. Subject to clause 12.3 below, ENOTL will only be liable to you for direct losses arising as a result of:

12.1.1. A breach of these terms and conditions by ENOTL; or
12.1.2. Any fraudulent statement or negligent act by ENOTL arising under or in connection with any Contract.

12.2. ENOTL’s total liability under clause 12.1 above shall be limited to the total face value of the Items purchased.

12.3. Nothing in this clause 12 excludes or limits the liability of ENOTL for death or personal injury.

12.4. ENOTL will not be liable in any way if it is prevented from performing its obligations under or arising from any Contract due to any factors which are beyond ENOTL’s reasonable control. Without limiting the foregoing, the following shall be regarded as causes beyond the ENOTL’s reasonable control:

12.4.1. Acts of god, which include earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost;
12.4.2. Force majeure which includes war, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes and civil commotions; and
12.4.3. Power failure and failure of sound or lighting equipment.

13. Data Protection

ENOTL may collect, use, store and disclose your personal details in accordance with our privacy notice which can be accessed from the ENO website homepage.

14. Law and Jurisdiction

All Contracts shall be governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts.

15. Severance

If any part of these terms and conditions is held to be unenforceable this will not affect the enforceability of the remaining provisions.

16. Third Parties

Nothing contained in these terms and conditions and any Contract is intended to be enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any third party.

17. Entire Agreement

All the terms of any Contract are contained or are referred to within these terms and conditions.

18. Contact Us

If you need to get in contact with us, or if you wish to complain about your experience purchasing Items you can contact us using any of the following methods:

19. Privacy Notice

Please review our privacy notice at https://londoncoliseum.org/privacy-notice/