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Terms and Conditions
Welcome to the University of Birmingham's Online Shop When you purchase goods or services from this Shop, you are required to tick to acknowledge that you have read and accepted our Terms & Conditions, as shown below.
It is very much in your best interests to read these terms in order that you are fully aware of the conditions under which you purchase. Should you have any questions or concerns, please contact the University by email; UBOnlineSales@contacts.bham.ac.uk.
Standard Terms and Conditions
These terms and conditions apply to all online transactions made to the University of Birmingham. Please refer to Sections II and/or III below when purchasing Goods and Services online from the University. When booking a place on a Conference or Event please see Section IV below.
The University may change these terms from time to time without notice. Changes will apply to any subsequent transactions with the University of Birmingham.
These terms will be governed by and construed in accordance with English law.
Nothing in these Conditions excludes or limits the liability of the University for death or personal injury caused by the University's negligence, or for fraudulent misrepresentation. Subject to the preceding sentence, Condition 11 constitutes the entire financial liability of the University (including any liability for the 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.
The acknowledgement of the order and these Conditions together constitute the entire agreement between the parties relating to the contract.
Each right or remedy of the University under the contract is without prejudice to any other right or remedy of the University whether under the contract or not.
The contract will be governed by and construed in accordance with 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.
Section I On-Line Payments
Please read these terms carefully before using the online payment facility. Using the online payment facility on this website indicates that you accept these terms. If you do not accept these terms do not use this facility. All payments are subject to the following conditions.
Your payment will normally reach your University account to which you are making a payment, the following working day. However, time should be allowed for processing transactions, particularly through PayPal.
- We cannot accept liability for a payment not reaching the correct University account due to you quoting an incorrect account number or incorrect personal details.
- Neither can we accept liability if payment is refused or declined by PayPal or the credit/debit card supplier for any reason.
- If PayPal or the card supplier declines payment, the University is under no obligation to bring this fact to your attention. You should check with your supplier that payment has been deducted from your account.
- The data that you provide during this transaction will only be used for the purpose of recording your payment. We shall 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, except in respect of data that it is necessary to provide to the University's e-commerce provider. PayPal and the University's e-commerce provider will retain some personal information so that we can access payment records in the event of queries or incomplete payment information. Any credit/debit card details given by you will not be retained in their entirety. Information will only be retained for a reasonable period and then destroyed.
- In no event will the University be liable for any damages whatsoever arising out of the use, inability to use, or the results 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.
- Refunds, if applicable, will only be made to the PayPal account or credit/debit card used for the original transaction.
Section II Sale of Goods
- In these Conditions, the Delivery Address means the address specified in the personal details you, the Buyer, have supplied. The Collection Point means the designated site as detailed in the instructions on the University Shop Web Site.
- The contract will be subject to these Conditions of Sale, to the exclusion of all other terms and conditions.
- 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 delivery of the Goods when the University notifies the Buyer that they are ready for delivery (the time of delivery/collection), or 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, where upon the Buyer will be liable for all related costs and expenses (including, without limitation, storage and insurance).
- The Goods are at the risk of the Buyer from the time of delivery/collection. Ownership of the Goods will not pass to the Buyer until the University has received cleared payment in full in respect of the Goods.
- Unless otherwise agreed by the University in writing, the price for the Goods will be the price as displayed on the University Shop Web Site. 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.
- The Buyer will make all payments due, in advance, under the contract of sale, without any deduction.
- 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 a 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 the examination to take place there.
- The University will not be liable for a breach of Condition 8 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 the 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.
- 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.
- Subject to Condition 10:
- (i) 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
- (ii) the University will not be liable to the Buyer for 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.
- The University reserves the right to defer the date of delivery / collection or to cancel the contract in the case of any strike, lockout, disorder, fire, explosion, accident or stoppage of or affecting the University's business or work which is beyond its reasonable control and which prevents or hinders the delivery of the Goods.
- Cancellation. Please be aware that if you change your mind you have the right to cancel the online transaction within the applicable specified time limit, which is seven (7) working days from the day after receipt of the Goods. If you do wish to cancel you must inform the University in writing (by letter, fax or email). The Goods must be returned immediately to the University. Refunds will be made as soon as possible following cancellation, or within thirty (30) days at the latest.
Section III Sale of Services
- Unless otherwise agreed by the University in writing, the price for the Services will be the price as displayed on the University Shop Web Site. That price is subject to the addition of all taxes costs or charges in relation to provision of the Services, where applicable, and payment must be received in advance in all transactions.
- The Buyer will make all payments due, in advance, under the contract of sale, without any deduction.
- Cancellation. Please be aware that if you change your mind you have the right to cancel the online transaction within the applicable specified time limit, which is seven (7) working days from the date of agreement to proceed with the transaction, or receipt of written confirmation, whichever is the later, except where the Services have already been provided. If you do wish to cancel you must inform the University in writing (by letter, fax or email). Refunds will be made as soon as possible following cancellation, or within thirty (30) days at the latest.
Section IV Conferences and Events
- Cancellation of a Conference or Event by the University. The University of Birmingham reserves the right to cancel a Conference or Event or any associated event at its sole discretion. In the event of such a cancellation the University will refund the value of the booking or any ticket sold upon proof of purchase. The University expressly excludes any liability for any direct or indirect losses or damages howsoever arising as a result of such cancellation and will not, for example, be responsible for any travel or accommodation costs incurred. In the event of cancellation, the University will use reasonable endeavours to publicise the cancellation and details will be posted on the website associated with the Conference or event. Attendees are responsible for checking this information prior to the event.
- Cancellation by you. We will refund the value of the booking or any ticket sold upon proof of purchase when cancellation takes place at least one month before the conference. When cancelled less than one month but more than one week before the conference we will refund a percentage not less than 50% of the charge. No refunds will be given for cancellation less than one (1) week before the Conference or Event date or for non-attendance without notification, unless a refund is made entirely at the discretion of the University. Notice of cancellation must be sent by email to the email address, or confirmed by telephone to the number, specified by the University in the Conference / Event information advertised.
- Where "The University of Birmingham" is not the event organiser it is not responsible, unless expressly stated, for the content or delivery of the presentations or conference sessions or conference materials. Accordingly, to the maximum extent permitted by law, the University of Birmingham is facilitating your access to this event on the basis that it excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for this legal notice, might have effect in relation to the provision of the event.
Section V Replacement Student ID Cards
- The right to use the service may be revoked or suspended by the University at any time in the event that you breach any of these conditions.
- Replacement ID cards are only available to currently registered students. Orders by anyone not eligible, for which a charge has been taken by PayPal or credit/debit card, will be refunded within five working days of receipt of the order, or within five working days of it coming to the attention of the University that you are ineligible, whichever is the later.
- Replacement cards will be available for collection from the Academic and Student Administration Enquiries Counter in the Aston Webb Building only after the purchaser is advised by email or the University's ecommerce gateway that the card is ready for collection.
- You will be charged for a replacement card on submission of your order and its acceptance by the University's ecommerce gateway. The relevant charge will be as published from time to time on http://www.as.bham.ac.uk/work/support/admin/enquiries/id.shtml.
- The replacement card will feature the same image of your face as the card it is replacing.
- No guarantee can be made that the replacement card will allow you the same level of access into University buildings as your old card. In case of problems with access, any enquiries should be directed to the access control administrators of the building concerned and not to Academic and Student Administration.
- Stored credits within the UniCash scheme will not be transferred to the new card.
- Once your order has been accepted it may not be countermanded. Your old card will be disabled and you should collect your replacement card.
- If your old card has been lost, and you subsequently find it, then the old card must be destroyed immediately (preferably by cutting it into several pieces) and then disposed of.
Section VI UniCash
- The right to use the service may be revoked or suspended by the University at any time in the event that you breach any of these conditions. In this event, the University shall not be liable to refund any purchase costs paid by you.
- If your card is damaged, lost, mislaid or stolen, you shall notify the UniCash Co-ordinator, Hospitality & Accommodation Services immediately and confirm such notification in writing via email to: unicash@contacts.bham.ac.uk within one working day. Upon receiving this notification, the card shall be suspended to prevent any spending on your account. Replacement cards are available from the Academic and Student Administration Office for Students and from Security for Staff. Once a new card has been obtained, please contact us using the below methods and your new card will be activated as soon as reasonably possible.
- You hereby agree that the University may treat any transaction completed with your card to have been completed by you or with your authority until it has received notice of the loss or theft of the card. The University of Birmingham cannot accept liability for any loss of monies from accounts through loss, damage, misplacement or theft of card. Once you have obtained a replacement card, any monies will be transferred from your old card at the Catering Systems Office in University Centre.
- In the event of your ceasing to be employed by the University or registered as a student at the University as the case may be, you hereby agree to inform the University immediately in order to reclaim any funds stored in your account. The University will use reasonable endeavours to make a refund to you but cannot be held responsible for its inability to effect a refund in the event of your failure to provide a suitable means of contact.
- The University reserves the right to alter or amend these conditions of use at any time subject to giving prior written notice.
- UniCash is available in The HUB Catering outlets (Fusion, Bar One and Rios) initially as a pilot scheme
- All items sold in these outlets are available for purchase using UniCash, subject to any restrictions on eligibility to purchase (eg statutory minimum age provisions).
Enquiries should be directed to the UniCash Coordinator on 0121 414 5366.
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