Terms and Conditions shop - Sainsbury Centre

Terms and Conditions

1. INTRODUCTION

1.1. THE UNIVERSITY OF EAST ANGLIA, having its head office at Norwich Research Park,

Norwich, Norfolk, NR4 7TJ, UK (the University) shall supply the goods or services listed on the

University online payment services website: https://store.uea.ac.uk (The Site) and under the

following Terms and Conditions.

1.2. Before placing your order, please read these Terms and Conditions carefully together with the

1.3. The University shall look to supply or otherwise procure the supply of the goods and services

advertised on The Site.

1.4. Your order, which shall include payment in full of the goods or services ordered, shall constitute

an offer to the University to buy the goods or services as advertised.

1.5. All orders are subject to acceptance by the University, and the University will confirm its

acceptance to you by sending you an e-mail confirming the order (Order Confirmation).

1.6. The Contract will only be fully executed once you receive the Order Confirmation.

1.7. Together the Privacy Policy, these Terms and Conditions including any Product Specific Terms

and Conditions and the Order Confirmation constitute the entire legal and financial contract for

sale between you and the University (the Contract).

1.8. 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 and you are advised to print a copy of these

Terms and Conditions for future reference.

2. YOUR STATUS

By placing an order through this Site, you warrant that you are

2.1. at least 18 years old.

2.2. legally capable of entering into binding contracts.

3. APPLICATION OF TERMS

3.1. Unless set out in these Terms and Conditions or otherwise agreed in writing and issued by an

authorised officer of the University in accordance with Clause 24, UEA is only prepared to supply

goods and services to you under the terms of the Contract (including these Terms and

Conditions) which shall constitute the whole agreement between the University and you and

supersedes any and all other contractual terms and conditions (including your own terms and

conditions or those implied by trade, custom or practice).

3.2. From time to time the University shall make offers on The Site for products which have their own

terms and conditions (“Product Specific Terms”). These Product Specific Terms shall apply as

part of these Terms and Conditions but shall take precedence in the case of conflict. This shall

include but is not limited to Product Specific Terms for Conference and Event bookings and

Language Courses.

4. SITE ACCESS

4.1. Access to the Site is permitted by temporary licence only, and the University reserves the right

to withdraw or amend the service provided on the Site without notice.

4.2. The University will use reasonable endeavours to ensure that availability of the Site will be

uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet,

this cannot be guaranteed.

4.3. Your access to the Site may occasionally be suspended or restricted to allow for repairs,

maintenance, or the introduction of new facilities or services. The University will attempt to limit

the frequency and duration of any such suspension or restriction.

4.4. The University shall not be liable to any consumer if for any reason the Site is unavailable at any

time or for any period. From time to time, we may restrict access to some parts of the Site, or

the entire Site.

5. WEBSITE SECURITY AND CONDUCT

5.1. The University will not be liable for any loss or damage caused by any technologically harmful

material that may infect your computer equipment, computer programs, data or other proprietary

material due to your use of the Site or due to your downloading of any content posted on it, or on

any third party website linked to it.

5.2. You must ensure that the account details you provide to the University including your contact

details are correct and complete and inform us immediately of any changes to the information

that you provided on registering. You can access and update much of the information you

provided us with in the Your Account area of the Site.

5.3. Any user identification code, password or other access information you have created or acquired

as part of our Site security access procedures must be kept confidential and you must not

disclose them to any third party for any reason.

5.4. You agree to accept full responsibility for all activities and communication that occurs under your

account or using you access details and shall ensure that all activity is conducted in accordance

with these Terms and Conditions and that you shall only use this Site lawfully.

5.5. You should inform the University immediately if you have any reason to believe that your

password has become known to anyone else, or if your account is being, or is likely to be, used

in an unauthorised manner.

5.6. The University grants you a restricted licence to access and make personal use of this Site, but

not to

5.6.1. download (other than page caching) or modify it, or any portion of it, except with express

written consent of the University.

5.6.2. resell or make commercial use of this Site or any of its content or to collect, copy,

download or use any product listings, descriptions, prices; account information for the

benefit of another merchant or other third party; or to use any data mining, robots, or

similar data gathering and extraction tools on the Site.

5.6.3. to frame or use framing techniques to enclose any trademark, logo, or other proprietary

information (including images, text, page layout, or form) of the University and its affiliates

or use any meta tags or any other “hidden text” utilising the University’s or its affiliates’

names or trademarks without the express written consent of the University.

5.6.4. Except for linking to the homepage of the Site, and only where you do so in a way that is

fair and legal and does not damage The University’s reputation or take advantage of it, not

to link to any other page of the Site, nor establish a link in such a way as to suggest any

form of association, representation, approval or endorsement on our part where none

exists; nor link from any website that is not owned by you.

5.6.5. use the Site in any way that causes, or is likely to cause, the Site or access to it to be

interrupted, damaged or impaired in any way.

5.6.6. use the Site for fraudulent purposes, or in connection with a criminal offence or other

unlawful activity.

5.6.7. to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory,

obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any

other right; or is otherwise injurious to third parties; or objectionable; or which consists of

or contains software viruses, political campaigning, commercial solicitation, chain letters,

mass mailings or any “spam”.

5.6.8. to cause annoyance, inconvenience or needless anxiety.

5.7. By breaching the provisions of Clause 5.6, you may have committed a criminal offence under the

Computer Misuse Act 1990. The University may report any such breach to the relevant law

enforcement authorities and in those circumstances we will co-operate with those authorities by

disclosing your identity to them.

5.8. In any event any unauthorised use of the Site or its Content shall constitute a breach of these

Terms and Conditions and shall serve to terminate your license granted by the University with

immediate effect.

5.9. The University retains the right to exclude your access or disable any user identification code or

password, at any time, if in our reasonable opinion you have failed to comply with any of these

Terms and Conditions or of any obligations in the Contract.

6. PRICE OF GOODS AND SERVICES

6.1. The price of any goods or services will be as quoted on the Site at the time of order, except in

cases of obvious error.

6.2. These prices are, where applicable, inclusive of a sum representing UK VAT. Delivery costs for

the dispatch of Goods or Services will be in addition to the Prices quoted and shall be added to

the total amount due prior to the placing of any order as necessary.

6.3. Prices are liable to change at any time, but changes will not affect orders in respect of which

we have already contracted with you.

6.4. The Site contains a large number of goods and services and it is always possible that, despite

our best efforts, some of the goods or services listed on our site may be incorrectly priced. We

will normally verify prices as part of our Order Confirmation.

6.5. Where the correct price is less than our advertised price on The Site, we will charge the lower

amount when dispatching the order to you.

6.6. Where the correct price is higher than the price stated on The Site, we will normally contact

you for instructions before issuing the Order Confirmation. Where, following consultation, the

order is to be cancelled the University’s sole liability shall be to refund to you in full for the sums

it received for the order.

7. IMPORT DUTY

7.1. If your goods and services are to be delivered to an address outside the UK, delivery may be

subject to import duties or other taxes (Duties) which are levied when the delivery reaches the

specified destination. You agree to pay any and all such Duties. Please note that The

University has no control over these charges and cannot advise you of their amount or detail.

Please contact your local customs office for further information.

7.2. The University will not issue refunds for any import duty costs you incur unless the Goods are

found to be Faulty.

7.3. Please also note that you must comply with all applicable laws and regulations of the country for

which the products are destined. We will not be liable for any breach by you of any such laws.

8. PAYMENT

8.1. Payment for all orders must be made at the time of placing an order and by a valid credit or debit

card, registered to your Delivery Address. The University accepts payment with most major

debit and credit cards. Please check the Site for full details.

8.2. All payments are subject to the following conditions:

8.2.1. The University cannot accept liability if payment is refused or declined by the credit/debit

card supplier for any reason; and

8.2.2. 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.

8.2.3. If the card supplier declines payment the University is under no obligation to continue with

the order made by you.

9. DELIVERY OF GOODS

9.1. The University will use its reasonable endeavours to fulfil and deliver your order within a

reasonable time period from the date of the Order Confirmation to your Delivery Address.

9.2. Your Delivery Address means the delivery address specified in the personal details you have

supplied on the Site.

9.3. If due to exceptional circumstances the University is unable to fulfil your order within a

reasonable time period, the University will contact you to let you know.

9.4. Any date specified by the University for delivery of the goods in the Contract is intended to be

anestimate, and cannot be guaranteed.

10. NON-DELIVERY OF GOODS

10.1. The quantity of any consignment of goods as recorded by the University upon despatch as

detailed in the despatch note from the University shall be conclusive evidence of the quantity

received by you on delivery unless you can provide conclusive evidence proving the contrary.

10.2. The University shall not be liable for any non-delivery of goods, howsoever caused, unless

written notice is given to the University within five working (5) days of the date when the goods

would, in accordance with the estimated delivery date specified in the Order Confirmation, have

been received.

10.3. Any liability of the University for non-delivery of the goods shall be limited to

10.3.1. either replacing the goods within a reasonable time,

10.3.2. or providing a full refund

11. CANCELLATION OF GOODS

11.1. You may cancel an order for goods at any time before you receive the Order Confirmation

11.2. You may cancel a Contract at any time within seven working days from the date

of the delivery of the goods, beginning on the day after you received the goods.

11.3. To cancel your order, you must inform the University in writing in accordance with clause 19

and return any Goods received by you to the University immediately, and 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 and may choose to enforce

the Contract.

11.4. The rights outlined in this Clause, however, do not apply to the supply of the following Goods,

which cannot be cancelled:

11.4.1. food beverages, perishables or any other goods intended for everyday consumption;

11.4.2. items made to your specification or which are clearly personalised;

11.4.3. goods which by reason of their nature cannot be returned or are liable to expire

rapidly;

11.4.4. services, if the supply has already commenced with your agreement;

11.4.5. audio or video recordings or computer software if they are unsealed by you;

11.4.6. newspapers, periodicals or magazines; or

11.4.7. gaming, betting or lottery services.

11.4.8. For cancellation of Goods in accordance with this Clause 11 and subject always to

your compliance with Clause 11.3, you will receive a refund of the price paid for the

goods in accordance with the University refunds policy as set out in Clause 19

below.

11.5. You shall not be refunded for the costs of any postage, return postage or Duty that you incur.

12. RISK AND TITLE OF GOODS

12.1. The goods are at your own risk from the time of delivery.

12.2. Ownership of the goods will pass to you on delivery provided the University has received any

and all sums due in respect of the goods, including delivery charges in accordance with the

detail in the Order Confirmation.

13. DEFECTIVE GOODS

13.1. You must provide the University with written notice of any identified defect and (if the defect is

clearly as a result of damage in transit) you must notify the carrier, within fourteen (14) days of

the date of delivery.

13.2. In the case of a perceived defect you will return the Goods to the University for them to be given

reasonable time to examine the goods and the perceived defect.

13.3. The University will not be liable for any claims that the goods are not of satisfactory quality if:

13.3.1. you make any further use of the goods after giving notice to the University under

Clause 24; or

13.3.2. 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

13.3.3. you altered or repaired the goods without the consent of the University.

13.4. Nothing in these Terms and Conditions excludes or limits the liability of the University for death

or personal injury caused by the University’s negligence, or excludes the University’s liability for

fraudulent misrepresentation.

13.5. Where you notify us that the goods are defective, the University will examine the returned goods

and will notify you of any refund due within a reasonable period of time. Where goods are found

to be defective by the University you shall be entitled to a full refund of purchase price and any

postage costs for returning the defective goods to the University. Following notification of the

refund due this shall be processed in accordance with Clause 19.

14. DELIVERY OF SERVICES

14.1. The services shall be provided on the date specified on the Order Confirmation for a particular

service.

14.2. The University shall provide or otherwise procure the provision of the services with all reasonable

skill and care.

15. NON-DELIVERY OF SERVICES

15.1. If the University should have to postpone a service, the University shall notify you as soon as

possible and provide you with a new date for the delivery of the service.

15.2. In exceptional circumstances, and at the University’s discretion the University may have to

cancel the service in which case it shall notify you as soon as possible.

15.3. Any liability of the University for non-delivery of the service (s) shall be limited to:

15.3.1. providing a full refund of the purchase price and any relevant postage costs for

return.

15.3.2. and where appropriate offering alternative services at the service rate.

16. CANCELLATION OF SERVICES

16.1. Should you wish to cancel any service in advance of the start date of the service as set out in

the Order Confirmation the notice should be sent to the University as soon as possible in

accordance with Clause 19. Cancellation of a service shall incur the following cancellation

charges:

Notice Period prior to the start date of the service

Percentage of Price payable by you

Less than 14 days

100%

Between 15 and 21 days

50%

Between 22 and 28 days

25%

More than 28 days

17. TERMINATION

17.1. The University may terminate the Contract with immediate effect by written notice if you fail to

pay the price of the goods or services in accordance with these terms and conditions.

17.2. Notwithstanding termination of the Contract for any reason you will continue to be liable for that

proportion of the price attributable to those goods or services provided up until the date of

termination.

18. LIABILITY

18.1. The University shall, in no circumstances, be liable to you in contract, tort (including

negligence) warranty or otherwise, in respect of any of the following losses or damage (whether

such losses or damages were foreseen, foreseeable, known or otherwise):

18.1.1. indirect or consequential loss or damage;

18.1.2. loss of business profits, salary, business revenue, goodwill, or anticipated savings;

18.1.3. loss which could have been avoided by you through reasonable conduct.

18.2. If for any reason you will not accept delivery of the goods or the services whereupon:

18.2.1. the goods or services will be deemed to have been delivered

18.2.2. risk in the goods or services will pass to you;

You shall remain liable for the goods and services including any costs of return to the

University and any damage that may be incurred during delivery/return.

18.3. The University warrants that except as expressly provided for herein the goods shall upon

delivery be of satisfactory quality within the meaning of the Sale of Goods Act 1979.

19. REFUNDS POLICY

19.1. Refunds due shall be payable as soon as possible by the University and in any event usually

not more than 28 days from the date of cancellation or date of receipt of returned goods

whichever is the later.

19.2. No refunds can be processed until all goods have been returned and accepted by the University.

19.3. The University will usually refund any money received from you using the same method

originally used by you to pay for your order.

20. DATA PROTECTION

Please read the Privacy Policy, which forms part of the Contract with you, for details of how the

University will use information about you.

21. INTELLECTUAL PROPERTY

are reserved.

21.2. Nothing in these terms and conditions shall give you any right or licence to use copy or

otherwise exploit in any way any intellectual property contained in the Site or any Goods or

Services provided to you in accordance with the Contract, unless you have been given a written

licence from the University to do so.

22. WARRANTIES

All warranties, conditions and other terms whether express or implied by statute or common law

(save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest

extent permitted by law, excluded from the contract.

23. VARIATION

23.1. The University reserves the right to change the contents of the Site, including changes to these

Terms and Conditions and the Privacy Policy, at any time by posting such amendments on the

Site. The Contract between us will be governed by the Terms and Conditions in force at the

time you place your order and click the “confirm your order” button unless

23.1.1. any changes to the Contract is required to be made by law or governmental

authority (in which case it will apply to all orders placed by you form the date of the

legal requirement for change),

23.1.2. or if the University notifies you of the change to those policies or these 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 us to the contrary within seven working

days of receipt by you of the goods or services).

24. WRITTEN COMMINCATIONS & NOTICES

24.1. Applicable laws require that some of the information or communications the University sends to

you must be in writing. When using the Site, you accept that our communication will be mainly

electronic. The University will contact you by either by e-mail to your registered e-mail

address or provide you with information by posting notices on our website. For contractual

purposes, you agree to the use of electronic communication and you acknowledge that all

contracts, notices, information and other communications that we provide to you electronically

comply with all requirements that such communications be in writing. This condition does

not affect your statutory rights.

24.2. All notices given by you to the University must be in writing and sent either by post to: The

Senior Financial Accountant, Registry, UEA Norwich Research Park, Norwich, Norfolk,

NR4 7TJ, UK or by email to store@uea.ac.uk

24.3. Notices will be deemed received and properly served

24.3.1. immediately when posted on the Site,

24.3.2. 24 hours after an e-mail is sent

24.3.3. or three days after the date of posting of any letter.

24.4. 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 e-mail address of the addressee as registered on the Site.

25. ASSIGNATION

The University may at any time assign the Site or the Contract or any of the University’s rights or

obligations under them to a Third Party or Affiliate without notification.

26. WAIVER

26.1. Failure by the University to enforce a term of this Contract, shall not constitute a waiver of such

rights, obligations or remedies and shall not relieve you from compliance with your obligations.

26.2. A waiver by the University of any default shall not act as a precedent for any subsequent

default.

26.3. No waiver by the University shall be valid unless it is in writing and expressly stated to be a

waiver

27. SEVERABILITY

If any term of the Contract is determined by any competent court or authority to be invalid, unlawful or

unenforceable to any extent, such term, condition or provision will to that extent be severed from the

remaining terms which shall continue to be valid to the fullest extent permitted by law.

28. FORCE MAJEURE

28.1. The University shall not be liable for any failure to perform, or for any delay in the performance

of, any of our obligations under a Contract that are caused by events outside our reasonable

control (Force Majeure Event).

28.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond

our reasonable control and includes in particular (without limitation) the following:

a) Strikes, lock-outs or other industrial action.

b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether

declared or not) or threat or preparation for war.

c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural

disaster.

d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of

public or private transport.

e) Impossibility of the use of public or private telecommunications networks.

f) The acts, decrees, legislation, regulations or restrictions of any government.

28.3. Should a Force Majeure Event occur the University shall do all that is possible to notify you if

such an event at the earliest possible opportunity.

28.4. The performance by the University under any Contract shall be deemed to be suspended for the

period that the Force Majeure Event continues, and will be extended by an appropriate time on

cessation of the Event.

28.5. The University shall at all times endeavour to bring the Force Majeure Event to a close or to find

cvd a solution by which our obligations under the Contract may be performed despite the Force

Majeure Event.

29. GOVERNING LAW

The Contract Including these terms and Conditions and any and all disputes arising from them shall be

governed by English law and shall be subject to the jurisdiction of the English Courts.