Terms and ConditionsTerms & Conditions
1. Introduction 1.1 These Terms and Conditions apply to purchasing goods and services via the City College Plymouth Online Store. They do not extend to any websites that can be accessed from the Online Store including but not limited to any links we may provide to social media websites or the main City College Plymouth website at www.cityplym.ac.uk. 1.2 Please read these Terms and Conditions carefully as they govern your use of the City College Plymouth Online Store. These Terms and Conditions do not affect your statutory rights as a consumer. 1.3 City College Plymouth reserves the right to change these Terms and Conditions from time to time without notice. 1.4 By using the City College Plymouth Online Store you are agreeing to be bound by these Terms and Conditions.
2. Definitions “Consumer” means an individual acting wholly or mainly outside of their trade, business, craft or profession; “Goods” means the goods (or any part of them) available for purchase through the Site and set out in an Order; “Services” means the services (or any part of them) available for purchase through the Site and set out in an Order;
3. Orders 3.1 An Order constitutes an offer which may be accepted at the sole discretion of the College. The College’s acceptance is indicated by sending to you an order confirmation email. Only once the College has sent you an order confirmation email will there be a binding contract between the College and you. 3.2 The availability of the Goods or Services which are the subject of your Order will be determined by the product description displayed on the Site at the time of placing your Order. 3.3 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods and Services available from the College correspond to the actual Goods or Services the College is not responsible for any variations from such descriptions. This does not exclude College liability for mistakes due to negligence on the part of the College. 3.4 Any date specified by the College for collection of the Goods or delivery of a Service is intended to be an estimate and Goods or Service will be made available as soon as reasonably practicable. 3.5 Where applicable, we will ask you to collect Goods and we will provide Services from a Collection Point as detailed in the instructions on the Site or in a confirmation email sent to you. You will be required to provide proof of payment for an Order at the Collection Point.
4. Use of the City College Plymouth Online Store
5. Online Payments for Goods and Services 5.1 Unless otherwise agreed by the College in writing, the price for the Goods or Service will be the price as displayed on the Site. That price may be subject to the addition of all costs or charges in relation to postage, carriage and insurance if prior arrangement has been made for delivery. 5.2 All pricing information is correct at the time of going online. The College reserves the right to change prices and alter or remove any special offers from time to time as is necessary. All prices include VAT. 5.3 Unless you have obtained the College's prior written agreement, the College will take your payment in full at the time you place your Order to avoid any delay in the processing of your Order. 5.4 Please ensure that your payment is made in pounds sterling (£) as otherwise your Order will not be accepted. Payment can be made using most UK debit and credit cards. Any currency conversion costs or other charges incurred in making the payment or in processing a refund shall be borne by you and shall not be deductible from the payment due to the College.
6. Limitations and Exclusions 6.1 To the maximum extent permitted by law, the College accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Site or any information contained therein. You should be aware that you use the Site and its content at your own risk. 6.2 Nothing in these Terms and Conditions excludes or restricts the College’s liability for death or personal injury resulting from any negligence or fraud on the part of the College. 6.3 Nothing in these Terms and Conditions excludes or restricts the College’s liability for any direct loss or damage arising out of the incorrect delivery of Goods and/or incorrect provision of Services or out of reliance on incorrect information included on the Site. 6.4 Subject to 6.3 the College will under no circumstances be liable to you whether in contract, tort (including negligence) breach of statutory duty or otherwise arising under or in connection with these Terms and Conditions for: 6.4.1 any loss of profit, business, revenue or sales; 6.4.2 loss or corruption of data, information or software; 6.4.3 loss of business opportunity; 6.4.4 loss of goodwill; 6.4.5 any indirect or consequential losses. 6.5 Subject to clause 6.2 the College’s total liability to you in respect of all losses arising under or in connection with Terms and Conditions for the order of Goods or Services placed under them whether in contract, tort (negligence) breach of statutory duty or otherwise shall in no circumstances exceed the price of the Goods or Services paid for. 6.6 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
7. Communication with the College and the College’s Intellectual Property Rights 7.1 When you visit the Site or send an e-mail to the College, you are communicating with the College electronically. The College may communicate with you by e-mail or by posting notices on the Site. For contractual purposes, you consent to receive communications from the College electronically and agree that all agreements, notices, disclosures and other communications that the College provides to you electronically in respect of an Order satisfies any legal requirement that such communications be in writing. 7.2 All content including pictures, designs, logos, photographs, text written and other materials on the Site and associated with the Goods or Service purchased by you are owned, controlled or licensed to the College. The College’s intellectual property rights are protected by law. Unauthorised use of such content is prohibited.
8. Risk and Title of Goods and Services 8.1 Ownership of the Goods will only pass to you when you receive an email from the College confirming receipt of all sums due in respect of the Goods, including any additional or supplementary charges. 8.2 If for any reason you have not collected the Goods from the Collection Point on the date the College has specified that the Goods are ready for collection risk in the Goods will pass to you on that date and the College will not be responsible for their safekeeping. 8.3 The Services shall be provided on the date specified on the Site for that particular service. The College shall itself and ensure that others will provide Services with all reasonable skill and care.
9. Cancellation and Refunds
9.1 Consumers If you are a consumer based within the European Union you have a statutory right to a “cooling off” period. This period begins once your Order is accepted by the College and ends 14 calendar days after that date, or for goods 14 calendar days after the goods have been delivered to you. If you change your mind about the Goods or Services within this period and wish to cancel your Order please inform the College immediately using the model cancellation form found in the help section. Your right to cancel during the cooling off period is subject to the provisions below:- 9.1.1 Services 9.1.1.1 If Services are to begin within the cooling off period you are required to make an express request to that effect. This request forms part of the ordering process. By requesting that the Services begin within the 14 calendar day cooling off period you acknowledge and agree to the following: 9.1.1.2 If the Services are fully performed within the 14 calendar day cooling off period you will lose your right to cancel after the Services are complete. 9.1.1.3 If you cancel the Services after provision has begun but is not yet complete you will still be required to pay for the Services supplied up until the point at which you inform the College that you wish to cancel. The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that have already been paid for the Services shall be refunded subject to deductions calculated in accordance with the foregoing. Refunds, where applicable, will be issued no later than 14 calendar days after you inform the College that you wish to cancel. 9.1.1.4 Cancellation of the Services after the 14 calendar day cooling off period has elapsed shall be subject to the specific terms governing those services and may be subject to a minimum contract duration. In the absence of any specific terms for services other than conferences, event bookings and room hire you may cancel within 7 calendar days from the day after the date that the Order has been accepted, unless the Service becomes effective within that timescales in which case there is no cancellation. 9.1.2 Goods 9.1.2.1 Goods must be returned to the College within 14 calendar days of the day on which you inform the College that you wish to return the Goods. You are responsible for paying return shipping costs if Goods are returned for this reason. Refunds will be issued no later than 14 calendar days after you inform the College that you wish to cancel under this provision and will include standard delivery charges. The College regrets that additional costs such as express delivery cannot be refunded. 9.1.2.2 The College may not be able to accept returns under the cooling off period of the following types of Goods and or taking into account the following circumstances:
9.2 Non-Consumers You have the right to cancel an Order within the following specified time limits: 9.2.1 For Services other than conference, event bookings and room hire: seven (7) working days from the day after the date that the Order has been placed, unless the Service becomes effective within that timescale, in which case there can be no cancellation. 9.2.2 For Goods: seven (7) working days from the day after that on which the Goods have been collected from a Collection Point. 9.2.3 If you wish to cancel an Order you must inform the College in writing (by letter, fax or email). Refunds will only be made to the debit/credit card used for the original transaction. 9.2.4 If you are cancelling an Order for Goods, then the Goods must be returned immediately to the College in the same condition, including the original packaging, in which you collected them and at your own cost and risk. 9.2.5 Refunds cannot be made for the following items:-
9.3 Consumers and Non-Consumers 9.3.1 Cancellation shall be subject to the specific terms governing the conference, event booking or room hire; 9.3.2 Refunds will not be issued under any circumstances. Certain bookings can be transferred.. Substitutes will be accepted on certain courses subject to prior notification. Courses will run subject to minimum numbers. Non-arrivals will be liable for the full cost of the course. 9.3.3. All cancellations need to be confirmed to organisers in writing via email or by post.
10. Returns Policy (Goods Only) 10.1 The College aims to provide high quality Goods that are fault free and undamaged. On occasion Goods may need to be returned. Returns are governed by these Terms and Conditions. 10.2 If you receive Goods which do not match those that you ordered you should contact the College within 3 calendar days to arrange return. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Replacements will be issued upon College receipt of the returned Goods. The College will be responsible for paying shipping costs. Goods must be returned in their original condition with all packaging and documentation. The packaging does not need to be unopened. Refunds will be issued no later than 30 calendar days after receipt of the returned goods and will include standard delivery charges. The College regrets that additional costs such as express delivery cannot be refunded. 10.3 If Goods are damaged in transit and the damage is apparent on delivery you should sign any applicable delivery note to the effect that the Goods have been damaged. To return the damaged Goods please contact us within 3 calendar days to arrange return. We are fully responsible for paying shipping costs. You will be given the option to have the Goods replaced or to be refunded through the payment method used by you when purchasing the Goods. Replacements will be issued upon College receipt of the returned Goods. Refunds will be issued no later than 30 calendar days after receipt of the returned Goods and will include standard delivery charges. The College regrets that additional costs such as express delivery cannot be refunded. 10.4 If any Goods you have purchased have faults when they are delivered to you you should contact us within 3 calendar days to arrange return. You will be given the option to have the Goods replaced or to be refunded through the payment method used by you when purchasing the Goods. Replacements will be issued upon College receipt of the returned Goods. Refunds will be issued no later than 30 calendar days after receipt of the returned Goods and will include standard delivery charges. The College regrets that additional costs such as express delivery cannot be refunded. 10.5 If any Goods you have purchased develop faults within 14 calendar days of delivery you may be entitled to a replacement but not a refund. In order to arrange such a replacement you should contact us within 3 calendar days to arrange return. The College will assess the Goods and the alleged faults upon receipt and if the College concludes (at its sole discretion acting reasonably and in good faith) that the fault is not a result of mistreatment by you (deliberate, negligent or otherwise) the College will issue replacement Goods at no additional cost to you. 10.6 If any Goods develop faults beyond 14 calendar days from delivery but within any applicable warranty period you are entitled to a repair or replacement under the terms of that warranty. The College is not a party to such warranties and you must contact the manufacturer of the Goods directly.
11. Non-delivery of Services 11.1 If the College should have to postpone a Service, the College will notify you as soon as possible and provide a new date for the delivery of the Service. 11.2 If the College should have to cancel the Service, the College will provide you with a full refund.
12. Security 12.1 The College is committed to maintaining your privacy and for this reason all payments are made using a specialist payment service provider. All personal data and payment details, which are entered through the Site, are encrypted to comply with the Payment Card Industry Data Security Standard (PCI DSS). 12.2 The College shall not be liable for any failure by you to properly protect data from being seen on their screen by other persons or otherwise obtained by such other persons, during the online payment process or in respect of any omission to provide accurate information in the course of the online payment process. 12.3 Once your payment transaction has been completed you will be redirected back to the Site where you will receive an email confirmation of your Order.
13. Force Majeure
14. Privacy Statement and Data Protection 14.1 Use of the Online Store is also governed by the College’s Online Store Privacy Policy [link] which is incorporated into these Terms and Conditions by this reference. To view the Online Store Privacy Policy please click on the link. 14.2 Links from the Site may take you to sites not covered by our Online Store Privacy Statement. We recommend you check the privacy policies for these sites before submitting any personal data. 14.3 We may use technology to track the patterns of behaviour of visitors to the Site. This can include using a “cookie” which would be stored on your browser. You can usually modify your browser to prevent this activity. Full details of the cookies used by the Online Store and your legal rights with respect to them are included in the College Online Store Privacy Policy [link] 14.4 All personal information that the College may collect (including but not limited to your name and address) will be processed in accordance with the Data Protection Act 1998 and your rights under that Act. 14.5 We may use your personal information to:- 14.5.1 Provide our Goods and Services to you 14.5.2 Process your payment for the Goods and Services 14.5.3 Inform you of new products and services available from the College. You may request that the College stops sending you this information at any time. 14.6 In certain circumstances (if, for example you wish to purchase Goods or Services on credit) and with your consent the College may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal data accordingly.
15. Disclaimers 15.1 The College makes no warranty or representation that the Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe third party rights, that it will be compatible with systems, that it will be secure and that all information provided with be accurate. The College makes no guarantee of any specific results from the use of its Goods or Services. 15.2 No part of this Site is intended to constitute advice and the content of the Site should be not relied upon when making any decisions or taking any action of any kind. 15.3 No part of this Site is intended to constitute a contractual offer capable of acceptance. 15.4 Whilst the College use reasonable endeavours to ensure the Site is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers. 15.5 The Site is provided “as is” and on an “as available” basis. We give no warrant that the Site will be free of defects and/or faults. To the maximum extent permitted by law the College provides no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. 15.6 The College accepts no liability for any disruption or non-availability of the Site resulting from external causes including but not limited to ISP equipment, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions or censorship.
16. Third Parties
17. Law and Jurisdiction
18. Complaints and the College’s contact details
By fax: Please mark clearly to: Finance Department - Online Store
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