Terms and ConditionsTerms and Conditions The University of Stirling Online Shop By using the University of Stirling Online Shop you are agreeing to be bound by these Terms and Conditions. INTRODUCTION THE UNIVERSITY OF STIRLING, having its offices at Stirling, FK9 4LA, shall supply the goods or services listed on the University of Stirling online shop website: https://www.shop.stir.ac.uk/ (the Site) on the following terms and conditions. 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. You should only print a copy of these terms and conditions for future reference. APPLICATION OF TERMS Unless otherwise agreed in writing, these terms and conditions are the only conditions upon which the University of Stirling are prepared to supply the goods or services to you. These terms and conditions shall constitute the whole agreement with the University of Stirling and shall govern the contract between the University of Stirling and yourself (Contract) to the entire exclusion of all other terms or conditions including your terms and conditions or those implied by trade, custom or practice. AVAILABILITY OF GOODS OR SERVICES The University of Stirling shall supply or otherwise procure the supply of the goods and services available on the Site to any party registered with the University of Stirling on the Site. Your order constitutes an offer to the University of Stirling to buy the goods or services. All orders are subject to acceptance by the University of Stirling, and The University of Stirling will confirm such acceptance to you by sending you an e-mail confirming the order (Order Confirmation). The Contract will only be formed once you receive the Order Confirmation. DELIVERY OF THE GOODS The University of Stirling 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 of Stirling is unable to fulfil your order within a reasonable time period, the University of Stirling will email or contact you to let you know. In these terms and conditions, the Delivery Address means the delivery address specified in the personal details you have supplied. Any date specified by the University of Stirling for delivery of the goods is intended to be an estimate, and delivery will be within a reasonable time. NON-DELIVERY OF GOODS The quantity of any consignment of goods as recorded by the University of Stirling upon dispatch from the University of Stirling shall be conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary. The University of Stirling shall not be liable for any non-delivery of goods (even if caused by the University of Stirling's negligence) unless written notice is given to The University of Stirling within five (5) days of the date when the goods would, in the ordinary course of events, have been received. Any liability that the University of Stirling 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. CANCELLATION OF GOODS You may cancel a 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 of Stirling's refunds policy (set out below). To cancel a Contract, you must inform the University of Stirling in writing and return the Goods to the University of Stirling 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 of Stirling may have a right of action against you. The rights outlined above, however, do not apply to the supply of the following:
RISK AND TITLE OF GOODS The goods are at your risk from the time of delivery. Ownership of the goods will only pass to you when you receive an email from the University of Stirling confirming receipt of all sums due in respect of the goods, including delivery charges. DELIVERY OF SERVICES The services shall be provided on the date specified on the Site for that particular service. The University of Stirling shall provide or otherwise procure the provision of the services with all reasonable skill and care. NON-DELIVERY OF SERVICES If the University of Stirling should have to postpone a service, the University of Stirling shall notify you as soon as possible and provide you with a new date for the delivery of the service. If the University of Stirling should have to cancel the service, the University of Stirling shall provide you with a full refund. CANCELLATION OF SERVICES Should you wish to cancel any booking of a service in advance of the service date, notice should be sent to The University of Stirling as soon as possible. If cancellation takes place within twenty eight days (28) of the service date, a charge may apply. This will be detailed in the Order Confirmation related to the specific product you have purchased. PRICE Unless otherwise agreed by the University of Stirling in writing, the price for the goods or services will be the price as displayed on the Site. Should Value Added Tax be payable, the price will clearly stated that Value Added Tax is included in the price. That price is subject to the addition of all costs or charges in relation to postage, carriage and insurance. You must make all payments due, in advance, under the Contract, without any deduction and you will receive an email from the University of Stirling confirming receipt of all sums due. Prices are liable to change at any time, but changes will not affect orders in respect of which the University of Stirling has already sent you an Order Confirmation. The Site contains a large number of goods and services and it is always possible that, despite the University of Stirling's best efforts, some of the goods or services listed on the Site may be incorrectly priced. The University of Stirling are under no obligation to provide the goods or services to you at the incorrect (lower) price, even after the University of Stirling has sent an Order Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as mis-pricing. PAYMENT All payments are subject to the following conditions: The University of Stirling cannot accept liability if payment is refused or declined by the credit/debit card supplier for any reason; and If the card supplier declines payment, The University of Stirling 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. REFUNDS Refunds will be made as soon as possible following cancellation and in any case will be authorised within thirty (30) days of the day of notice of cancellation. Refunds, if applicable, will only be made to the debit/credit card used for the original transaction. DATA PROTECTION Please read the Privacy Policy for details of how the University of Stirling will use information about you. By agreeing and accepting these terms and conditions you hereby agree and accept the terms of our Privacy Policy. LIABILITY The University of Stirling shall, under no circumstances, be liable to you in contract, delict (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):
If for any reason you will not accept delivery of the goods or the services:
The University of Stirling 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 15.3, the University of Stirling will not be liable for a breach unless:
The University of Stirling will not be liable for any claims that the goods are not of satisfactory quality if:
Nothing in these terms and conditions excludes or limits the liability of the University of Stirling for death or personal injury caused by the University of Stirling's negligence, or excludes the University of Stirling's liability for fraudulent misrepresentation. 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. TERMINATION The University of Stirling 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. Notwithstanding termination of the Contract for any reason you will continue to be liable for that proportion of the price attributable to those goods provided up until the date of termination. VARIATION The University of Stirling has the right to revise and amend these terms from time to time without notice. WRITTEN COMMUNICICATIONS Applicable laws require that some of the information or communications that the University of Stirling send to you should be in writing. When using the Site, you accept that communication with the University of Stirling will be mainly electronic. The University of Stirling 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 of Stirling provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights. NOTICES All notices given by you to the University of Stirling must be given to the appropriate Contact for your purchase from the Online Shop. Contact details can be found in the Contacts section of the Shop or the contact listed in "Read More" section of the Conference, Event or Short Course. The University of Stirling may give notice to you at either the e-mail or postal address you provide to the University of Stirling when placing an order. Notice will be deemed received and properly served immediately when posted on the Site, 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 email that such e-mail was sent to the specified e-mail address of the addressee. ASSIGNATION The University of Stirling may at any time assign the Contract or any of the University of Stirling's rights or obligations under it. WAIVER 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. SEVERABILITY 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. FORCE MAJEURE The University of Stirling 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 of Stirling's business or work and which prevents or hinders the delivery of the goods or the performance of the services. GOVERNING LAW The Contract will be governed by and construed in accordance with Scots Law. The Scottish Courts will have exclusive jurisdiction to deal with any dispute which may arise out of or in connection with the Contract.
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