Terms & Conditions
shop@le Conditions of Sale
This document (together with the documents referred to on it) tells you the conditions on which we supply any of the Goods listed on our Website at shop.le.ac.uk to you the buyer.
You should read through these conditions carefully. Your attention is in particular drawn to the provisions of conditions 1 (Interpretation), 2 (How the contract is formed between you and us), 8 (Consumer rights), 11 (Quality), 12 (Our liability) and 17 (Notices).
1.1 The definitions and rules of interpretation in this condition apply in these conditions.
You or your: the person, firm or company who purchases the Goods from us.
We or us or our: University of Leicester trading as University of Leicester shop@le, a company incorporated by Royal Charter. The main address for the University of Leicester is at University Road, Leicester, LE1 7RH, United Kingdom. Our VAT number is GB916583894.
Consumer: a person acquiring Goods otherwise than in the course of a business but does not include a person who holds himself out as acquiring them in the course of a business.
Contract: any contract between you and us for the sale and purchase of the Goods, incorporating these conditions.
Goods: any goods agreed in the Contract to be supplied to you by us (including any part or parts of them).
Website: the website at shop.le.ac.uk.
1.2 A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.3 Words in the singular include the plural and in the plural include the singular.
1.4 A reference to one gender includes a reference to the other gender.
1.5 Condition headings do not affect the interpretation of these conditions.
2 HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
2.1 No Contract will subsist between you and us unless and until we accept your order by e-mail confirming that we have dispatched the Goods (“Dispatch Confirmation”).
2.2 The Contract will only be formed when we send you the Dispatch Confirmation.
2.3 Our acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time we send the Dispatch Confirmation by e-mail to you (whether or not you receive that e-mail).
2.4 The Contract will relate only to those Goods whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Goods which may have been part of your order until the dispatch of such Goods has been confirmed in a separate Dispatch Confirmation.
2.5 Subject to any variation referred to below the Contract shall be on these conditions to the exclusion of all other conditions (including any conditions which you purport to apply under any purchase order, confirmation of order, specification or other document).
2.6 These conditions apply to all our sales and any variation to these conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by us.
3.1 The University of Leicester hosts a number of conferences and events that can also be booked through shop@le. Please note that these conditions do not apply to such bookings. A separate set of conditions applies and is contained on the Conferences & Events terms and conditions page.
4 PRICE AND PAYMENT
4.1 The prices listed on the Website (the “Price”) for the Goods will be as stipulated at the time when you place your order on the Website, except in cases of obvious error.
4.2 The Price excludes VAT and delivery costs, which will be added to the total amount due.
4.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
4.4 Payment of the Price for the Goods is due in pounds sterling in cleared funds at the time you place the order using an approved debit or credit card.
5 AVAILABILITY OF PRODUCTS
5.1 Our online store is available globally via the internet, however it should be noted that some Goods are only available to residential students currently studying or due to commence studying at the University of Leicester. Goods that are restricted to residential students will be clearly identified within the product description.
6 CUSTOMS CHARGES
6.1 If you are ordering Goods from us for delivery outside the UK, please note that your consignment may be subject to import duties and taxes, which are levied once the Goods reach the country of destination. You will be responsible for any such import duties and taxes.
6.2 It is accepted by you that we have no control over these charges and cannot predict their amount. We recommend that you check with your local customs officials or post office for more information on such charges before placing your order.
6.3 You must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable for any breach by you of any such laws.
7.1 We will deliver the Goods to the address you give us for delivery at the time you place your order.
7.2 Delivery will be made as soon as possible after we send the Dispatch Confirmation to you and in any event within 30 days of that date, unless there are exceptional circumstances.
7.3 You will become the owner of the Goods you have ordered when they have been delivered to you. Once the Goods have been delivered to you they will be your responsibility and we will not be liable for their loss or destruction.
8 CONSUMER RIGHTS
8.1 If you are contracting to purchase Goods as a Consumer, you may cancel a Contract at any time within 7 working days beginning on the day after the Dispatch Confirmation is sent by us to you. In this case, and provided that you comply with condition 8.2, you will receive a full refund of the Price paid for the Goods as soon as possible and, in any case, within 30 days of the day notice of cancellation is given by you.
8.2 To cancel a Contract, you must inform us in writing (by post or email). You must also return the Goods to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Goods whilst they are in your possession, and if you fail to comply with this obligation, we may have a right of action against you for compensation.
8.3 Where you contract to purchase the Goods as a Consumer, nothing in these conditions affects your statutory rights.
9 ACCORDANCE WITH SPECIFICATION
9.1 Many of the Goods are of a technical nature and it is not practical to publish detailed specifications of all the Goods and keep specifications completely up to date. All descriptive matter, drawings, pictures, colours, specifications and advertising on the Website are for the sole purpose of giving an approximate description of the Goods.
10.1 If any manuals or safety instructions are provided with the Goods, you agree to read and follow carefully all the terms contained therein at all times. Any information contained on the Website is not meant to be comprehensive and if you are inexperienced in using the Goods or are unsure of your abilities, you should always seek expert advice and assistance.
11.1 Where we are not the manufacturer of the Goods, we shall endeavour to transfer to you the benefit of any warranty or guarantee given to us.
11.2 We warrant that (subject to the other provisions of these conditions) on delivery the Goods shall:
11.2.1 be of satisfactory quality within the meaning of the Sale of Goods Act 1979;
11.2.2 be reasonably fit for any purpose which we say the Goods are fit for or for any reasonable purpose for which you use the Goods; and
11.2.3 be reasonably fit for any particular purpose for which the Goods are being bought if you had made known that purpose to us in writing and we had confirmed in writing that it is reasonable for you to use the Goods for that purpose.
11.3 We shall not be liable for a breach of any of the warranties in condition 11.2 unless:
11.3.1 you give written notice of the defect to us, and, if the defect is as a result of damage in transit to the carrier, within 3 days of the time when you discover or ought to have discovered the defect; and
11.3.2 we are given a reasonable opportunity after receiving the notice of examining such Goods and you (if asked to do so by us) return such Goods to our place of business at our cost for the examination to take place there.
11.4 We shall not be liable for a breach of any of the warranties in condition 11.2 if:
11.4.1 you make any further use of the Goods after giving such notice; or
11.4.2 the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice; or
11.4.3 you alter or repair the Goods without our written consent.
11.5 Subject to condition 11.3 and condition 11.4, if any of the Goods do not conform with any of the warranties in condition 11.2 we shall at our option repair or replace such Goods (or the defective part) or refund the price of such Goods provided that, if we so request, you shall, at our expense, return the Goods or the part of such Goods which is defective to us.
11.6 If we comply with condition 11.5 we shall have no further liability for a breach of any of the warranties in condition 11.2 in respect of such Goods.
12 OUR LIABILITY
12.1 Subject to conditions 12.2 and 12.4, if we fail to comply with these conditions, we shall only be responsible for any losses that you suffer to the extent that those losses are a reasonably foreseeable consequence of our failure to comply with these conditions.
12.2 Subject to condition 12.3 we shall not be responsible for any losses that result from our failure to comply with these conditions including and fall into any of the following categories (in each case whether such loss is direct, indirect or consequential):
12.2.1 loss of income or revenue;
12.2.2 loss of business;
12.2.3 loss of profits or contracts;
12.2.4 loss of anticipated savings;
12.2.5 loss or corruption of data;
12.2.6 loss of goodwill or business opportunity; or
12.2.7 any waste of time.
However, this condition 12.2 shall not prevent claims for foreseeable loss of, or damage to, your physical property.
12.3 This condition 12 does not include or limit in any way our liability for:
12.3.1 death or personal injury caused by our negligence; or
12.3.2 fraud or fraudulent misrepresentation; or
12.3.3 any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
12.3.4 losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
12.3.5 any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
12.4 Subject to condition 12.3, if you are not contracting to purchase Goods as a Consumer, the following conditions apply in addition to conditions 12.1 - 12.3:
12.4.1 We shall not also be liable for any special, indirect or consequential loss under condition 12.2; and
12.4.2 Subject to condition 12.4.3 our total liability in connection with the Contract whether based on contract, tort (including negligence), strict liability or otherwise is limited to an amount equal to the purchase price of the Goods purchased by you under the Contract (our prices being based upon this limitation of liability);
12.4.3 In respect of any loss of or damage to your physical property which is caused by our negligence or failure to comply with these conditions our total liability is limited to £200; and
12.4.4 All warranties, conditions and other terms 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.
13 MODIFICATION OF TERMS
14.1 We may assign the Contract or any part of it to any person, firm or company.
14.2 You shall not be entitled to assign the Contract or any part of it without our prior written consent.
15 FORCE MAJEURE
15.1 We reserve the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by you (without liability to you) if we are prevented from or delayed in the carrying on of our business due to circumstances beyond our reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 30 days, you shall be entitled to give notice in writing to us to terminate the Contract.
16.1 Each of our rights or remedies under the Contract is without prejudice to any other of our rights or remedies whether under the Contract or not.
16.2 If any court or competent authority decides that any of the provisions of these conditions are invalid, unlawful or unenforceable to any extent, the condition will, to that extent only, be severed from the remaining conditions, which will continue to be valid to the fullest extent permitted by law.
16.3 If we or you delay or do not take action to enforce our or your rights under a Contract this does not prevent either we or you from taking action later.
16.4 We and you do not intend that any condition of a Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
16.5 This Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law, and the parties submit to the exclusive jurisdiction of the English courts.
17.1 All notices sent by you to us must be sent to University of Leicester trading as University of Leicester shop@le at University Road, Leicester, LE1 7RH, United Kingdom. We may give notice to you at either the e-mail or postal address you provide to us when you place your order. Notice will be deemed received and properly served 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 the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.
Issued by University of Leicester trading as University of Leicester shop@le. April 2010