Terms & Conditions
Durham University (herein referred to as "the University", "us" or "our") provides and makes available the Durham Retail Office website (the "Site") pursuant to these Terms and Conditions of Sale (these "Terms"). Please read these Terms carefully. By accessing, browsing, or otherwise using the Site, the buyer ("herein referred to as "Buyer", "you", or "your") acknowledges that you have read, understood, and agree to be bound by these Terms. For clarity, nothing in these Terms will affect your statutory rights.
In these Terms, except as specified herein, capitalised terms shall have those meanings ascribed to them in the University's Acknowledgement of Order (the "Acknowledgement") that will be sent to you after submission of your order.
1. Order and Acceptance
Your order is an offer to buy from us. Only our actual despatch of items to you (or to the Delivery Address that you specify) on the terms set out in the Acknowledgement shall constitute an acceptance of your offer, at which point a contract will be made between us. When items are despatched separately, our acceptance of the order in respect of each item shall take place when that item is despatched.
2. Delivery and Risk of Loss
You can find details of our delivery policies, including delivery costs, times, and locations, in our Frequently Asked Questions.
Unless otherwise agreed in writing by the University, delivery of the Goods will take place at the Delivery Address. The Buyer will take delivery of the Goods on the Delivery Date.
Any date specified by the University for delivery of the Goods is intended to be an estimate, and time for delivery is not of the essence of this contract. If no date is so specified, delivery will be within a reasonable time.
If for any reason the Buyer will not accept delivery of the Goods when they are ready for delivery, or the University is unable to deliver the Goods on time because the Buyer has not provided appropriate instructions, documents, licences or authorisations: (i) risk in the Goods will pass to the Buyer (including for loss or damage caused by the University's negligence); (ii) the Goods will be deemed to have been delivered; and (iii) the University may store the Goods until delivery, whereupon the Buyer will be liable for all related costs and expenses (including, without limitation, storage and insurance).
While the risk in the Goods will pass to the Buyer from the time of delivery or otherwise as specified in these Terms, ownership of the Goods will not pass to the Buyer until the University has received in full (in cash or cleared funds) all sums due to it in respect of the Goods.
The University reserves the right to defer the date of delivery 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 our reasonable control and which prevents or hinders the delivery of the Goods.
3. Price and Payment
Unless otherwise agreed by the University in writing, the price for the Goods will be the price set out on the Acknowledgement. All prices are expressed inclusive of any VAT payable unless otherwise stated. The price is subject to the addition of any costs or charges in relation to delivery, loading, unloading, carriage and insurance; all of which amounts the Buyer will be responsible for in addition when payment for the Goods is due. Acceptable methods of payment are listed in our Frequently Asked Questions.
Every effort has been made to show items as accurately as possible and to ensure that the information contained on the Site is correct at the time of publication. Despite this, slight variations in items may occur, and, occasionally, errors in information may occur. If, by mistake, we have under priced an item on the Site, we will not be liable to supply that item to you at the stated price, provided the correct price is stated on the Acknowledgement. If you decide not to order the item after notification of the correct price on the Acknowledgement, we will give you a full refund on any amount already paid for that item in accordance with our Refund Policy.
The price offered in respect of an item on the Site may differ from the price offered at the same time in one of our retail locations. We are under no obligation to honour any in-store price or promotion in the event that it differs from those on the Site
Payment is due within thirty (30) days after the date of the University's invoice. Time for payment is of the essence. No payment will be deemed to have been received until the University has received cleared funds.
The Buyer will make all payments due under the contract without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Buyer has a valid Court order requiring an amount equal to such deduction to be paid by the University to the Buyer.
If the Buyer fails to pay the University any sum due pursuant to the contract, the University shall have the right (but not the obligation) to suspend any other deliveries due from the University to the Buyer and/or to refuse to accept any further orders from the Buyer.
When ordering Goods for delivery to a Delivery Address that is overseas, you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you, and the University will have no responsibility for any such charges.
The University reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
4. Limitation of Liability
The University confirms that (subject to the other provisions of these Terms) 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's address as set out on the Acknowledgement at the Buyer's cost, for the examination to take place there. the University will also not be liable for a breach of this condition 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 University's consent.
Except as specified herein, the following terms constitute 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 Terms; and (ii) any representation, statement or tortious act or omission, including negligence arising under or in connection with the contract:
- 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;
- 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
- 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.
Nothing in these Terms excludes or limits the liability of the University or death or personal injury caused by the University's negligence, or for fraudulent misrepresentation.
5. Use of Information
The Buyer will not disclose or make use of information provided to the Buyer by the University (whether patentable or not) for purposes other than the performance of this contract without the University's consent, except where such information is or becomes publicly available through no fault of the Buyer.
Customer Reviews are subject to moderation before being published to the live site. Durham University reserves the right to not publish all reviews.
The Acknowledgement and these Terms together shall constitute the entire agreement between the parties relating to the subject matter of the contract, to the exclusion of any and all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document). No terms or conditions endorsed upon, delivered with or contained in the Buyer's purchase order, confirmation of order, specification or other document will form part of the contract simply as a result of such document being referred to in the contract.
Any variation will be in writing and signed by authorised signatories for both parties.
The Buyer may not assign or otherwise transfer the contract in whole or part without the University's consent. The parties do not intend that by virtue of the Contracts (Rights of Third Parties) Act 1999 any of the terms of the contract should be enforceable by a person who is not a party to it.
If any provision of the contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it will, to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness, be deemed severable and the parties will uphold the remainder of the contract, and will negotiate an amendment which, so far as legally feasible, maintains the economic balance between the parties.
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.
Failure or delay by the University in enforcing or partially enforcing any provision of the contract will not be construed as a waiver of any of its rights under the contract.
Any waiver by the University of any breach of, or any default under, any provision of the contract by the Buyer will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the contract.
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.