General Terms & Conditions

Terms and Conditions

Terms and Conditions for use of the University of Exeter Merchandise Online Store

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply the products (Products) listed on the University of Exeter Merchandise online store (our site) to you (the “Terms).  Please read these Terms carefully before ordering any Products from our site.  You should understand that by ordering any of our Products, you agree to be bound by these Terms.

You should print a copy of these Terms for future reference.

By using the University of Exeter Merchandise online store, you signify your agreement to be bound by these Terms.

1. Information about us

uoemerchandise.com is a site operated by the University of Exeter (we).  We are a Higher Education Institution established under Royal Charter no RC00653 and with our registered office at Northcote House, The Queen’s Drive, Exeter, EX4 4QJ.  Our VAT number is GB 142047795. We are regulated by HEFCE.

2. Your status

By placing an order through our site, you warrant that:

(a) You are legally capable of entering into binding contracts; and

(b) You are at least 18 years old;

3. How the contract is formed between you and us

3.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order.  Please note that this does not mean that your order has been accepted.  Your order constitutes an offer to us to buy a Product.  All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been despatched (the Despatch Confirmation).  The contract between us (Contract) will only be formed when we send you the Despatch Confirmation. 

3.2 The Contract will relate only to those Products whose despatch we have confirmed in the Despatch Confirmation.  We will not be obliged to supply any other Products which may have been part of your order until the despatch of such Products has been confirmed in a separate Despatch Confirmation.

4. Consumer rights

4.1 If you are contracting as a consumer, you may cancel a Contract at any time within 28 days, beginning on the day you receive the Products.  In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy. 

4.2 To cancel a Contract, you must inform us in writing which can be via email. Where applicable, you must also return the Product(s) 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 Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

4.3 Further details of our Returns and Refunds Policy can be found here Returns & Refunds – University of Exeter Merchandise (uoemerchandise.com).

5. Availability and delivery

Your order for a Product will be fulfilled by the delivery date set out in the Despatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Despatch Confirmation, unless there are exceptional circumstances. 

6. Care Guidelines

All care guidelines for any Product, particularly clothing, should be followed according to the instructions on the packaging or label.

7. Risk and title

7.1 The Products will be at your risk from the time of delivery.

7.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

8. Price and payment

 

8.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error. 

8.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due. 

8.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.

8.4 Payment for all Products will normally be by credit or debit card. 

8.5 The University accepts no liability for:

(a) any payment not reaching the University due to provision of incorrect account numbers or personal details.

(b) any payment which is refused or declined by your credit or debit card supplier for any reason.

(c) bringing to your attention the fact that your card supplier has declined payment. It is your responsibility to check that payment has been deducted from your account.

9. Promotions

We reserve the right to terminate the validity of any promotional code at any time, or to change the details of any promotional offer. In the case of returns outside of the promotional period the Store Manager may decide whether or not to apply the promotion.

10. The University of Exeter Merchandise Shop Vouchers Terms and Conditions

10.1 We are currently unable to accept University of Exeter Merchandise Shop vouchers or coupons through the online shop.

10.2 Vouchers or coupons may be redeemed for goods at any UOE site or over the phone.

10.3 The University of Exeter Merchandise vouchers or coupons may be exchanged for any product within the University shops.

10.4 Vouchers may, on payment of the difference, be exchanged on a purchase of a higher value.

10.5 Vouchers may not be exchanged for cash.

10.6 Change from any unused portion of a voucher will not be given.

11. Our refunds policy

11.1 When you return a Product to us:

(a) because you have cancelled the Contract between us within the 28 day cooling-off period we will process the refund due to you as soon as possible and, in any case, within fourteen days of the unwanted Products being received by the University of Exeter. In this case, we will refund the credit balance of the Product, including the cost of sending the item to you.  However, you will be responsible for the cost of returning the item to us.

(b) for any other reason (for instance, because you have notified us that you do not agree to any change in these Terms or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time.  We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us. 

11.2 We will only refund any money received from you using the same method originally used by you to pay for your purchase.

 12. Data Protection

12.1 We will never make your personal details available to other companies for marketing purposes. We will keep a record of your contact details with the intention of sending your order. If you order a custom or bespoke product, then we may pass your contact details to any 3rd party supplier(s) so that they can create your item and send it to you. They will not use your details for any other purpose.

12.2 Information you enter into our registration forms may be collected and stored briefly by us so that we may contact you in relation to the nature of your attempted transaction, even if you do not confirm the transaction. This may be used to send operational emails to enquire as to why the purchase was not completed. We will not use this data for any other purpose, we will not store it for longer than necessary and we certainly will not share it with any other company.

13. Our liability

13.1 We shall not be responsible for any loss where you have failed to comply with any of these Terms.

13.2 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

13.3 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. This does not include or limit in any way our liability:

(a) For death or personal injury caused by our negligence;

(b) Under section 2(3) of the Consumer Protection Act 1987;

(c) For fraud or fraudulent misrepresentation;

(d) For any deliberate breaches of these Terms by us that would entitle you to terminate the contract between us;

(e) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

13.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage even if such losses result from a deliberate breach of these Terms by us that would entitle you to terminate the contract between us, including but not limited to:

(a) loss of income or revenue;

(b) loss of business;

(c) loss of profits or contracts;

(d) loss of anticipated savings;

(e) loss of data; or

(f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise , even if foreseeable; provided that this clause 4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 13.1 or clause 13.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this clause 13.4.

14. Import duty

14.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination.  You will be responsible for payment of any such import duties and taxes.  Please note that we have no control over these charges and cannot predict their amount.  Please contact your local customs office for further information before placing your order.

14.2 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.

15. Written communications

Applicable laws require that some of the information or communications we send to you should be in writing.  When using our site, you accept that communication with us will be mainly electronic.  We will contact you by e-mail or provide you with information by posting notices on our website.  For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.  This condition does not affect your statutory rights.

16. Notices

All notices given by you to us must be given to the University of Exeter at onlinestore@exeter.ac.uk. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 15 above.  Notice will be deemed received and properly served immediately when posted on our website, 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 e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

17. Transfer of rights and obligations

17.1 The contract between you and us is binding on you and us and on our respective successors and assigns. 

17.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. 

17.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

18. Events outside our control

18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event). 

18.2 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.

18.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.  We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

19. Waiver

19.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

19.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

19.3 No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15.

20. Severability

If any of these terms and Conditions or any provisions of a Contract are determined by any competent 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, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

21. Entire agreement

21.2 These Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

21.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms.

21.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Terms.

22. Our right to vary these Terms

22.1 We have the right to revise and amend these Terms from time to time. 

22.2 You will be subject to the policies and Terms in force at the time that you order Products from us, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the Terms, unless you notify us to the contrary within seven working days of receipt by you of the Products).

23. Law and jurisdiction

Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law.  Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.