Terms and Conditions
University of Bath Online Payments Terms and Conditions
In addition to Terms & Conditions of the University of Bath’s website which govern your use of this website, any purchase of Goods by you from this website is also governed by these additional Online Payment Terms and Conditions, (hereinafter these Terms)
- 1. Definitions
In these Terms the following words shall have the following meanings:-
"The University" means The University of Bath
"Us" means The University of Bath either alone or together with you as the context requires
"You" & “Buyer” means the person ordering goods subject to these Terms “Goods” means the articles that you agree to buy from the University
- 2. Agreement
All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and the University reserves the right to choose not to accept your order for any reason, at its discretion, and will not be liable to you or anyone else in those circumstances.
The University cannot accept your order until you have paid for it in full. You may pay by MasterCard, Visa Debit, Visa Delta, Visa Connect, Visa, or Switch.
The supply of products is subject to availability.
- 3. Payments
The University does not accept liability for a payment being allocated incorrectly as a result of incorrect details being provided.
The University does not accept any liability if a payment is refused or declined by the card issuer for any reason. It is not the responsibility of the University to bring this to your attention.
- 4. Personal Data
The data that you provide during this transaction will only be used for the purpose of recording your payment. The University will abide by the principles of the Data Protection Act 1998 and ensure that the data is used for no other purposes and is disclosed to no third party. The University is compliant with PCI DSS regulations.
- 5. Use of the University of Bath Online Store
The University of Bath Online Store is provided as is. In no event will the University be liable for any damages whatsoever arising out of the use, inability to use, or the result of use of this site, any websites linked to this site, or the materials or information contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages.
- 6. Cancellation of Goods
(i) You may cancel a Contract at any time within seven 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 paragraph 7 below)
(ii) To cancel a 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 obligaiton the University may have a right of action against you.
(iii) The rights outlined in clauses 6 (i) and (ii), however, do not apply to the supply of the following:
(a) food beverages, perishables or any other goods intended for everyday consumption;
(b) items made to your specification or which are clearly personalised;
(c) goods which by reason of their nature cannot be returned or are liable to expire rapidly;
(d) services, if the supply has already commenced with your agreement;
(e) audio or video recordings or computer software if they are unsealed by you;
(f) newspapers, periodicals or magazines; or
(g) gaming, betting or lottery services.
- 7. Refunds
Refunds will only be made to the debit/credit card used for the original transaction in all cases where the University’s payment system will permit the refund to be made to the payment card account. If the card has been cancelled it is your responsibility to liaise with your bank/card provider to ensure that the refund funds are transferred to another card or account as appropriate. If the University’s payment system will not permit the refund to be made to the payment card account the University may in its discretion provide the refund to you through alternative means.
- 8. Sale of Goods and Services
Delivery or Collection
Delivery Address means the address specified in the Personal details which you, have supplied.
Collection Point means the designated site as detailed in the instructions on the University of Bath Online Store website.
Any date specified by the University for delivery/collection of the goods is intended to be an estimate, and delivery will be within a reasonable time.
If for any reason the Buyer will not accept the delivery of the goods when they are ready for delivery, or because the University is unable to deliver the goods on time because the Buyer has not provided appropriate instructions or the Buyer has not collected the goods from the Collection Point: -
(i)Risk in the Goods will pass to the Buyer
(ii)The Goods will be deemed to have been delivered; and
(iii)The University may store the Goods until delivery/collection , whereupon the Buyer will be liable for all related costs and expenses (including, without limitation, storage and insurance).
The University reserves the right to defer the date of delivery/collection or to cancel the contract in the case of any adverse weather conditions, strike, lockout, disorder, fire, explosion, accident or stoppage affecting the University's business or work which is beyond its reasonable control and which prevents or hinders the delivery of the Goods.
- 9. Risk
The Goods are at the risk of the Buyer from the time of delivery/collection. Ownership of the Goods will not pass until the University has received cleared payment in respect of the Goods.
- 10. Price of Goods and Services
Unless otherwise agreed by the University in writing, the price for the Goods will be the price as displayed on the University of Bath Online Store website. That price is subject to the addition of all costs or charges in relation to postage carriage and insurance where applicable and payment must be received in advance in all transactions.
All prices are in pounds (£) sterling, inclusive of VAT.
Prices may change at any time prior to (but not after) acceptance of your order.
By using a credit/debit card to pay for your order, you confirm that the card being used is yours. All credit/debit card holders may be subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.
- 11. Quality
The University confirms that (subject to the other provisions of these Conditions) upon delivery the Goods will be of satisfactory quality within the meaning of the Sale of Goods Act 1979. The University will not be liable for a breach of this Condition unless:
(i)The Buyer gives 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 the Buyer discovers or ought to have discovered the defect; and
(ii)The University is given reasonable opportunity after receiving the notice to examine the Goods, and the Buyer (if asked to do so by the University) returns the goods to the University at the Buyer's cost, for examination to take place there.
The University will not be liable for a breach if:
(i)The Buyer makes any further use of the Goods after giving notice; or
(ii)The defect arises because the Buyer failed to follow the University's instructions as to storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice; or
(iii)The Buyer alters or repairs the Goods without the consent of the University.
- 12. Financial Liability
These terms and conditions constitute the entire financial liability of the University (including any liability for acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of:
(i)Any breach of these Conditions; and
(ii)Any representation, statement or negligent act or omission, including negligence arising under or in connection with the contract.
(iii)The University's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise arising in connection with the performance or contemplated performance of the contract will be limited to the price of the Goods; and
(iv)The University will not be liable to the Buyer for any loss of profit, loss of business or depletion of goodwill nor for any indirect or consequential liability, loss or damage, which arises out of or in connection with the contract.
- 13. Warranties, conditions and other implied terms
All warranties conditions and other terms implied by statute or common law (save for conditions implied by section 12 of the Sale of Goods Act 1979) are , to the fullest extent permitted by law, excluded from the contract. The University does not represent or warrant that the information accessible via this website is accurate, complete or current.
- 14. Agreement between the parties
By using the University of Bath online store you are agreeing to be bound by these terms and conditions. The acknowledgement of the order and these Conditions constitute the entire agreement between the parties relating to the contract (except as specified in clause 15 below).
- 15. Governing Law
The contract will be governed by 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.
- 16. Goods / Service specific terms and conditions
Goods and Services offered for sale through the online store may be subject to specific Terms and Conditions in addition to those detailed here. Please see each item for further details where relevant.
- 17. Orders for delivery outside the United Kingdom
If you access this website from outside of the United Kingdom, you are responsible for complying with any applicable local laws. The University does not represent or warrant that any Goods comply with any legal requirements of any location outside of the United Kingdom.
If your Goods are to be delivered outside the United Kingdom, they may be subject to import duties and taxes. You will be responsible for these. The University cannot advise you as to what they will be. You will be regarded as the importer for such Goods and you must comply with all laws and regulations of the country in which the Goods are to be delivered.
- 18. Card Security
Your payment details are automatically encrypted when you enter them. This site is secured using a Thawte SSL Web Server Certificate to offer you secure communications by encrypting all data to and from the site. We recommend that you do not communicate your payment card details to anyone, including us, by e-mail. We cannot be responsible for any losses which may be incurred as a result of transmitting information to us by internet link or by e-mail. Any such loss shall be entirely your responsibility.
- 19. General
If any part of these Terms is found to be unenforceable as a matter of law, all other parts of these Terms shall be unaffected and shall remain in force.
The University may change these Terms at any time, provided that any such change will not affect any purchases you have made before the change is implemented.