Terms and Conditions

Terms and Conditions

Welcome to the University of Westminster  Online Store

When you purchase goods or services from this Store, 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.

Standard Terms and Conditions

These terms and conditions apply to all online transactions made to the University of Westminster. The University may change these terms from time to time without notice. Changes will apply to any subsequent transactions with the University of Westminster.

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.

1. 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.
2. Neither can we accept liability if payment is refused or declined by the credit/debit card supplier for any reason.
3. If 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.
4. 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.
5. 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.
6. Refunds, if applicable, will only be made to the credit/debit card used for the original transaction.

Section II
Sale of Goods

1. 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.
2. The contract will be subject to these Conditions of Sale, to the exclusion of all other terms and conditions.
3. 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.
4. 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).

1. 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.
2. 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.
3. The Buyer will make all payments due, in advance, under the contract of sale, without any deduction.
4. 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.

1. 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.

1. 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.
2. 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.

1. 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.
2. Cancellation. Some Goods within the store may be listed as non-refundable; this will be noted in product description. If you make a purchase against a non-refundable product then you will not be entitled to cancel the online transaction. For all other items 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

1. 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.
2. The Buyer will make all payments due, in advance, under the contract of sale, without any deduction.
3. Cancellation. Some Services within the store may be listed as non-refundable; this will be noted in the product description. If you make a purchase against a non-refundable Service then you will not be entitled to cancel the online transaction. For all other items 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

Fraud Prevention

The University retains the right to investigate any order placed on this website that it suspects to be fraudulent, any such order will not be delivered / fulfilled until it is proven that that the order is bona fide. Should the University be unable to prove that an order is bona fide, then the monies will be refunded to the original card that was used to place the order and the order will be cancelled.

For your protection, to ensure that your credit, debit or charge card is not being used fraudulently, the University will validate your name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions, you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. Please be assured that this is only done to confirm your identity.

A credit check is not performed and your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with English Law

Security

All card payment details entered through this gateway are encrypted and the communications between the gateway and the Payment Service Provider’s site are also encrypted.

The University will not be liable for any failure by the card holder making the payment to properly protect their details being seen by other persons or otherwise obtained by such persons during the online payment process or in respect of any omission to provide accurate information in the course of the online payment process.

 Data Protection

The term ‘personal data’ is as defined in the Data Protection Act 1998

The University will collect (or may already hold) the student’s personal data and that of the third party making the payment in accordance with its data protection policy.

By agreeing to these terms and conditions, the student and any third party making payment accepts and consents to their personal data being provided to the Payment Service Provider for the sole purpose of the Provider offering and administering the online payment facility to the student or the third party making the payment.

The student or third party making the payment is responsible for ensuring that all personal data provided to or held by the University and /or provided to the Payment Service Provider is clear and accurate. The University will not be liable for any losses suffered by the student or third party making the payment as a result of inaccurate information being provided either to the University of the Service Provider.

The University may use the personal information provided to it to contact the student or third party making payment, to clarify or resolve any issues that arise in connection with any online payment made in respect of the student’s accounts with the University.

Section V

Refunds

Tuition Fees - The following web link will take you to the suspending and withdrawing web page where the tuition fee liability can be found on the suspension and withdrawal form which would require to be downloaded first. http://www.westminster.ac.uk/study/current-students/your-studies/forms-and-procedures/suspending-or-withdrawing

Term Accommodation -  http://www.westminster.ac.uk/study/prospective-students/student-accommodation/applying-for-halls/accepting-our-halls-offer

Some Services within the store may be listed as non-refundable; this will be noted in the product description.