Terms and ConditionsPlease find below the Terms and Conditions of sale for the UoN Online Store. These are applicable to all orders and transactions within the store.
1. INTRODUCTION1.1 THE UNIVERSITY OF NOTTINGHAM, ("the University") Trent Building University Park, Nottingham, NG7 2RD shall supply the goods or services listed on the University Online Store website http://store.nottingham.ac.uk ("the Site") on the following terms and conditions. 1.2 Please read these terms and conditions carefully and make sure that you understand them before ordering any goods or services from the Site. By ordering any of the goods or services on the Site, you are deemed to have accepted and agree to be bound by these terms and conditions. 1.3 You may wish to print a copy of these terms and conditions for future reference. 1.4 By shopping at the Site you agree to these terms and conditions. 2. APPLICATION OF TERMS2.1 Unless otherwise agreed in writing, these terms and conditions are the only conditions upon which the University are prepared to supply the goods or services to you. These terms and conditions shall constitute the whole agreement between the University and shall govern the contract between the University and yourself ("the Contract") to the entire exclusion of all other terms or conditions (including your terms and conditions or those implied by trade, custom or practice). 3. YOUR STATUS3.1 By placing an order through the Site, you confirm that: 3.1.1 you are legally capable of entering into binding contracts 3.1.2 you are the registered owner of any credit or debit card used for payment, or have legal authority from the card holder to make payment.
4. AVAILABILITY OF GOODS OR SERVICES4.1 The University shall supply or otherwise procure the supply of the goods or services available on the Site. 4.2 Your order constitutes an offer to the University to buy the goods or services. All orders are subject to acceptance by the University and the University will confirm such acceptance to you with a confirmation message and by sending you an e-mail confirming the order ("the Order Confirmation"). The Contract will only be formed once the transaction has been completed and an Order Confirmation dispatched to the email address you supplied. 4.4 The Contract will relate only to those goods or services which have been confirmed in the Order Confirmation. The University will not be obliged to supply any other goods or services which may have been part of your order until the order has been confirmed in a separate Order Confirmation. 5. DELIVERY OF THE GOODS5.1 The University will use its reasonable endeavours to fulfil and deliver your order within a reasonable time period of the Order Confirmation. If due to exceptional circumstances the University is unable to fulfil your order within a reasonable time period, the University will email or contact you to let you know. 5.2 In these terms and conditions, the Delivery Address means the delivery address specified in the personal details you have supplied. 5.3 Any date specified by the University for delivery of the goods is intended to be an estimate, and delivery will be within a reasonable time. 5.4 If for any reason you do not accept delivery of the goods: 5.4.1 risk in the goods will pass to you; 5.4.2 the goods will be deemed to have been delivered; and 5.4.3 the University may store the goods until delivery, whereupon you will be liable for all related costs and expenses (including, without limitation, storage and insurance). 6. NON-DELIVERY OF GOODS6.1 The quantity of any consignment of goods as recorded by the University upon despatch from the University shall be conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary. 6.2 The University shall not be liable for any non-delivery of goods (even if caused by the University's negligence) unless written notice is given to the University within five (5) days of the date when the goods would, in the ordinary course of events, have been received. 6.3 Any liability the University has for non-delivery of the goods shall be limited to replacing the goods within a reasonable time, to providing a full refund or issuing a credit note at the pro rata contract rate against any invoice raised for such goods. 7. CANCELLATION OF GOODS FOR CONSUMERS7.1 If you are a consumer, you may cancel the Contract at any time within seven (7) working days, beginning on the day after you received the goods. In this case, you will receive a full refund of the price paid for the goods in accordance with the University's refunds policy set out in clause 14 below. 7.2 To cancel the Contract, you must inform the University in writing and return the goods to the University immediately, in the same condition in which you received them, and at your own cost and risk. You are legally obliged to take reasonable care of the goods while they are in your possession and if you fail to comply with this obligation the University may have a right of action against you. 7.3 The rights outlined in clauses 7.1 and 7.2, however, do not apply to the supply of the following: 7.3.1 food beverages, perishables or any other goods intended for everyday consumption; 7.3.2 items made to your specification or which are clearly personalised; 7.3.3 goods which by reason of their nature cannot be returned or are liable to expire rapidly; 7.3.4 services, if the supply has already commenced with your agreement; 7.3.5 audio or video recordings or computer software if they are unsealed by you; 7.3.6 newspapers, periodicals or magazines; or 7.3.7 gaming, betting or lottery services. 7.4 This clause 7 only applies if you are contracting as a consumer. It does not affect your other statutory rights as a consumer. 8. RISK AND TITLE OF GOODS8.1 The goods are at your risk from the time of delivery. 8.2 Ownership of the goods will only pass to you when your transaction has been confirmed and an email from the University dispatched to the email address you provided, confirming receipt of all sums due in respect of the goods, including delivery charges. 9. DELIVERY OF SERVICES9.1 The services shall be provided on the date specified on the Site for that particular service. 9.2 The University shall provide or otherwise procure the provision of the services with all reasonable skill and care. 10. NON-DELIVERY OF SERVICES10.1 If the University has to postpone the services, the University shall notify you as soon as possible and provide you with a new date for the delivery of the services. 10.2 If the University has to cancel the services, the University shall provide you with a full refund. 11. CANCELLATION OF SERVICES FOR CONSUMERS11.1 If you are a consumer, you may cancel a Contract at any time within seven (7) working days from the date of ordering the services by giving written notice to the University. In this case, you will receive a full refund of the price paid for the services in accordance with the University's refunds policy set out in clause 14 below. 11.2 Following the initial seven (7) day cancellation period, should you wish to cancel any booking of a service in advance of the service date, notice should be sent to the University as soon as possible. If cancellation takes place within twenty eight (28) days of the service date, the following cancellation charges will apply:
11.3 For Conference and Event bookings through our Conference and Group Services, the terms and conditions on the booking confirmation / contract will prevail over the terms and conditions on the Online Shop. 11.4 This clause 11 only applies if you are contracting as a consumer. It does not affect your other statutory rights as a consumer. 12. PRICES12.1 Unless otherwise agreed by the University in writing, the price for the goods or services will be the price as displayed on the Site from time to time. Should value added tax be payable, the price will clearly state that value added tax is included in the price. The price is subject to the addition of all costs or charges in relation to postage, carriage and insurance. 12.2 You must make all payments due, in advance, under the Contract, without any deduction and you will receive an email from the University confirming receipt of all sums due. 12.3 Prices are liable to change at any time, but changes will not affect orders in respect of which the University has already sent you an Order Confirmation. 12.4 The Site contains a large number of goods and services and it is always possible that, despite the University's best efforts, some of the goods or services listed on the Site may be incorrectly priced. The University are under no obligation to provide the goods or services to you at the incorrect (lower) price, even after the University has sent an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as mis-pricing. 13. PAYMENTS13.1 Payments must be made by debit or credit card unless otherwise agreed with the University. 13.2 All payments are subject to the following conditions: 13.2.1 the University cannot accept liability if payment is refused or declined by the credit/debit card supplier for any reason; and 13.2.2 if the card supplier declines payment, the University is under no obligation to bring this fact to your attention. You should check with your bank/credit/debit card supplier that payment has been deducted from your account. 13.2.3 if you would like a receipt for your organisation please include your organisation name and VAT Reg number in the address 1 field at checkout. 14. REFUNDS14.1 If you return the goods or cancel the services: 14.1.1 if you are contracting as a consumer, because you have cancelled the Contract within the seven (7) working days (see clauses 7.1 and 11.1 above), the University will process the refund due to you as soon as possible and, in any case, within thirty (30) days of the day on which you gave notice of cancellation. In this case, the University will refund the price of the goods or services in full, and any applicable delivery charges. In respect of goods, you will be responsible for the cost of returning the items to the University. 14.1.2 for any other reason (for instance, because you have notified the University in accordance with clause 20 that you do not agree to a change in these terms and conditions, or because you consider in respect of goods, you consider that they are defective), the University will examine the returned goods and will notify you of your refund via e-mail within a reasonable period of time. The University will usually process the refund due to you as soon as possible and, in any case, within thirty (30) days of receipt of the e-mail confirming that you are entitled to a refund. The University will refund the price of defective goods in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us. 14.2 Refunds, if applicable, will only be made to the debit/credit card used for the original transaction. 15. DATA PROTECTION15.1 Please read the Privacy Policy available on the Site for details of how the University will use information about you. By agreeing and accepting these terms and conditions you hereby agree and accept the terms of our Privacy Policy. 16. LIABILITY TO CONSUMERS16.1 If the University fails to comply with these terms and conditions, it is responsible for loss or damage you suffer that is a foreseeable result of its breach of the terms and conditions or its negligence, but the University is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of the University's breach or if they were contemplated by you and the University at the time it entered into the Contract. 16.2 The University only supplies the goods or services for domestic and private use. You agree not to use the goods or services for any commercial, business or re-sale purposes, and the University has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 16.3 The University does not in any way exclude or limit its liability for: 16.3.1 death or personal injury caused by its negligence; 16.3.2 fraud or fraudulent misrepresentation; 16.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); 16.3.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples) 16.3.5 defective products under the Consumer Protection Act 1987; and 16.3.6 any other matter for which it would be illegal for the University to exclude or attempt to exclude its liability. 16.4 If you are contracting as a business, this clause 16 does not apply. Please see clause 17.
17. LIABILITY TO BUSINESSES17.1 Subject to clause 17.3, if the University fails to comply with these terms and conditions, it shall only be liable to you for the price of the goods or services and, subject to clause 17.2, any losses that you suffer as a result of the University's failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure. 17.2 Subject to Clause 17.3, the University will not be liable for losses that result from its failure to comply with these terms and conditions that fall into the following categories: 17.2.1 loss of income or revenue; 17.2.2 loss of business; 17.2.3 loss of profits; 17.2.4 loss of anticipated savings; 17.2.5 loss of data; or 17.2.6 waste of management or office time. 17.3 The University does not in any way exclude or limit its liability for: 17.3.1 death or personal injury caused by its negligence; 17.3.2 fraud or fraudulent misrepresentation; 17.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); 17.3.4 defective products under the Consumer Protection Act 1987; or 17.3.5 any deliberate breaches of these terms and conditions that would entitle you to terminate the Contract; or 17.3.6 any other matter for which it would be illegal for the University to exclude or attempt to exclude our liability. 17.4 This clause 17 does not apply if you are contracting as a consumer. Please see clause 16. 18. DEFECTIVE GOODS18.1 The University confirms that (subject to the other provisions of these terms and conditions) the goods upon delivery will be of satisfactory quality within the meaning of the Sale of Goods Act 1979. Subject to this clause 18.1, the University will not be liable for a breach unless: 18.1.1 you give written notice of the defect to the University, and (if the defect is as a result of damage in transit) to the carrier, within fourteen (14) days after the time when you discover or ought to have discovered the defect; and 18.1.2 the University is given a reasonable opportunity after receiving the notice to examine the goods, and you (if asked to do so by the University) return the goods to the University, at the your cost, for the examination to take place there. 18.2 The University will not be liable for any claims that the goods are not of satisfactory quality if: 18.2.1 you make any further use of the goods after giving notice to the University in accordance with 18.1.1; or 18.2.2 the defect arises because you failed to follow the University's instructions as to the storage, installation, commissioning, use or maintenance of the goods or (if there are none) good trade practice; or 18.2.3 you altered or repaired the goods without the consent of the University.
19. TERMINATION19.1 The University may terminate the Contract with immediate written notice if you fail to pay the price of the goods or services in accordance with these terms and conditions. 19.2 Notwithstanding termination of the Contract for any reason you will continue to be liable for that proportion of the price attributable to those goods and services provided up until the date of termination. 20. VARIATION20.1 The University has the right to revise and amend these terms and conditions from time to time. 20.2 You will be subject to the terms and conditions in force at the time that you order goods or services from the University, unless any change to the terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if the University notifies you of the change to the terms and conditions before the University sends you the Order Confirmation (in which case the University has the right to assume that you have accepted the change to the terms and conditions, unless you notify the University to the contrary within seven (7) days of receipt by you of the goods or services). 21. WRITTEN COMMUNICATIONS21.1 Applicable laws require that some of the information or communications the University send to you should be in writing. When using the Site, you accept that communication with the University will be mainly electronic. The University will contact you by e-mail or provide you with information by posting notices on the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that the University provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights. 22. NOTICES22.1 All notices given by you to the University must be given to: Online Store Manager or via the email store@nottingham.ac.uk The University may give notice to you at either the e-mail or postal address you provide to the University when placing an order. Notice will be deemed received and properly served immediately when posted on the Site, twenty-four (24) hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. 23. ASSIGNMENT IF YOU ARE A CONSUMER23.1 The University may transfer its rights and obligations under these terms and conditions to another organisation, but that will not affect your rights or the University's obligations under the Contract. 23.2 You may only transfer your rights and obligations under the Contract if the University agrees to this in writing. This Clause 23 does not apply if you are a business. Please see Clause 24. 24. ASSIGNMENT IF YOU ARE A BUSINESS24.1 The Contract between you and the University is binding on both parties and on their respective successors and assignees. 24.2 You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without the University's prior written consent. 24.3 The University may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of its rights or obligations arising under it, at any time during the term of the Contract. This Clause 24 does not apply if you are contracting as a consumer. Please see Clause 23. 25. WAIVER25.1 The failure of either party to exercise or enforce any right conferred on that party by the Contract shall not be deemed to be a waiver of any such right or operate to bar the exercise or enforcement thereof at any time or times thereafter. 26. SEVERABILITY26.1 If and in so far as any part or provision of these conditions is or becomes void or unenforceable it shall be deemed not to be or never to have been or formed a part of the Contract and the remaining provisions of the Contract shall continue in full force and effect. 27. FORCE MAJEURE27.1 The University reserves the right to defer the date of delivery or to cancel the Contract for all circumstances beyond its reasonable control, including but not limited to any strike, lockout, disorder, fire, explosion, accident or stoppage of or affecting the University's business or work and which prevents or hinders the delivery of the goods or the performance of the services. 28. THIRD PARTY RIGHTS25.1 A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999. 29. GOVERNING LAW29.1 The Contract will be governed by and construed in accordance with English Law. The English Courts will have exclusive jurisdiction to deal with any dispute which may arise out of or in connection with the Contract. |