Terms and Conditions
UNIVERSITY OF SHEFFIELD ONLINE STORE
1. Terms and conditions
1.3 Together they constitute the entire legal agreement between you and the University ("Contract").
1.4 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.
1.5 You should print a copy of these Terms and Conditions for future reference.
1.6 We reserve the right to change the contents of the Site, including these Terms and Conditions, at any time by posting such changes on the Site. The Contract between us will be governed by the Terms and Conditions in force at the time you place your order and click the "confirm your order" button.
1.7 Unless otherwise agreed in writing, these Terms and Conditions are the only conditions upon which the University is prepared to supply the Goods or Services to you. The Contract shall constitute the whole agreement between the University and you to the entire exclusion of all other terms or conditions (including your terms and conditions or those implied by trade, custom or practice).
2. Orders for goods and services
2.1 When you place an order to purchase Goods or Services using the Site, those orders will be subject to these Terms and Conditions. The University is under no obligation to accept your order and all orders will be subject to availability at that time.
2.2 We acknowledge receipt of orders by sending you an email summarising the details of your order. The Contract between us is formed when you receive the said email, subject to the other provisions of these Terms and Conditions.
2.3 If there are any problems with your order, you will be contacted by a member of the University/ Customer Services Team.
2.4 You must be aged 18 or over to purchase items on this Site. By placing an order, you warrant that you are:
2.4.1 legally capable of entering into binding contracts; and
2.4.2 at least 18 years old.
If you are under 18 you must use this Site only with the involvement of a parent or guardian.
IN RELATION TO GOODS ONLY
3. customs/import duties/taxes
3.1 If you order items for delivery to addresses outside the United Kingdom, they may be subject to import duties and taxes. As the purchaser of the items you are responsible for paying any import duties and taxes which may be levied and complying with other laws and regulations of the country in which the items are to be delivered. As import taxes and duties are levied when the items reach their specified destination the University is unable to advise you of what they may be. You should contact your local customs office for further information. Please note that cross-border deliveries are subject to opening and inspection by customs authorities.
4. DELIVERy OF THE GOODS
4.1 The University will use its reasonable endeavours to fulfil and deliver your order within a reasonable time period of the Confirmation Email. If due to exceptional circumstances the University is unable to fulfil your order within a reasonable time period, the University will email or contact you to let you know.
4.2 In these Terms and Conditions, the delivery address will be the address specified in the personal details that you have supplied ("Delivery Address").
4.3 Any date specified by the University for delivery of the Goods is intended to be an estimate, and delivery will be within a reasonable time.
5. NON-DELIVERY OF GOODS
5.1 The quantity of any consignment of Goods as recorded by the University upon despatch from the University shall be conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary.
5.2 Any liability the University has for non-delivery of the Goods shall be limited either to replacing the Goods within a reasonable time, or to providing a full refund.
6. CANCELLATION OF GOODS
6.1 If you are a consumer, you may cancel a Contract in relation to Goods at any time within seven 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's refunds policy (set out in Refund Policy).
6.2 Refunds shall be credited to the payment method used in the original purchase.
6.3 To cancel a Contract, you must inform the University in writing and return the Goods to the University 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 may have a right of action against you. It is your responsibility to package the Goods adequately and safely. The University will not accept liability for packages damaged during transit back to the University.
6.4 The rights outlined in clauses 6.1 and 6.2; do not apply to the supply of the following:
6.4.1 food beverages, perishables or any other Goods intended for everyday consumption;
6.4.2 items made to your specification or which are clearly personalised;
6.4.3 Goods which by reason of their nature cannot be returned or are liable to expire rapidly;
6.4.4 Services, if the supply has already commenced;
6.4.5 audio or video recordings or computer software if they are unsealed by you; or
6.4.6 newspapers, periodicals or magazines.
7. RISK OF GOODS
The Goods are at your risk from the time of delivery.
IN RELATION TO SERVICES ONLY
8. DELIVERY OF SERVICES
8.1 The Services shall be provided on the date specified on the Site for that particular Service.
8.2 The University shall provide or otherwise procure the provision of the Services with all reasonable skill and care.
9. NON-DELIVERY or cancellation OF SERVICES
9.1 If the University should have to postpone a Service, the University shall notify you as soon as possible and provide you with a new date for the delivery of the Service.
9.2 If the University should have to cancel the Service, the University shall provide you with a full refund.
10. CANCELLATION OF SERVICES
10.1 Should you wish to cancel any booking of a Service in advance of the Service date, notice should be sent to the University as soon as possible. If cancellation takes place within 28 days of the Service date, by way of reasonable compensation, the following cancellation charges will apply:
10.2 For Course/Conference bookings, the Terms and Conditions on the booking confirmation/contract will supersede these Terms and Conditions.
APPLICABLE TO GOODS AND SERVICES
Where health and safety information is provided for Goods or Services, you must read this health and safety information and ensure that it is complied with.
11.1 Unless otherwise agreed by the University in writing, and subject to clause 2.5, 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 state 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.
11.2 You must make all payments due, in advance, under the Contract, without any deduction and you will receive an email from the University confirming receipt of all sums due.
11.3 Prices are liable to change at any time, but changes will not affect orders already placed, subject to clause 2.5 in the event that Goods or Services were listed at an incorrect price.
11.4 You may be subject to validation checks and/or credit checks and/or third party authorisations.
12. cancellation by us
12.1 The University reserves the right to cancel any order (or part of any order) and/or terminate this Contract if for any reason the Goods or Services are no longer available, in which event we will notify you by email and refund any payments you have made for that order.
12.2 In the event of cancellation or termination under this clause, your sole entitlement for compensation for damages or other loss will be the refund of any payment you have made in respect of the relevant Goods or Services. The University will not be obliged to pay any additional compensation for disappointment or other losses suffered if your order is cancelled for any reason.
12.3 The Site contains a large number of Goods and Services and it is always possible that some of the Goods or Services listed on the Site may be incorrectly priced. The University is under no obligation to provide the Goods or Services to you at the incorrect (lower) price, even after the University has sent a payment confirmation/receipt and/or a Contract has been entered into. If we discover that the Goods or Services you have ordered were listed at an incorrect price we will inform you of the correct price as soon as reasonably possible. You may then either re-confirm your order at the correct price or cancel it. If you choose to cancel your order the University will refund any payments made.
13.1 All payments are subject to the following conditions:
13.1.1 the University cannot accept liability if payment is refused or declined by the credit/debit card supplier for any reason;
13.1.2 if the card supplier declines payment, the University 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; and
13.1.3 if payment is refused by the credit/debit card supplier the University may cancel your order and this Contract.
14.1 Refunds will be made as soon as possible following cancellation and in any case will be authorised within 30 days of the day of notice of cancellation.
14.2 Refunds, if applicable, will only be made to the debit/credit card used for the original transaction.
15. DATA PROTECTION and your information
15.2 You are personally liable for any orders that you place and charges that you incur.
15.3 As a user of the online shopping facility on this Site, you may need to set up and maintain an account on the Site. You are solely responsible for keeping your passwords confidential and secure at all times. You should notify the University immediately if you become aware of any unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account. In no event shall the University be responsible for any loss you may suffer as a result of any misuse of your account and/or passwords.
15.4 You agree to provide current, complete and accurate information required to complete your account registration and at other times as may be required in the course of using the Site ("Registration Data"). You further agree to maintain and update Registration Data as required to keep it current, complete and accurate. If any information you provide is false, incomplete or inaccurate, the University may terminate your rights to use the Site and the services offered via the Site. If the information you provide is fraudulent, you may also be subject to criminal and/or civil liability. You agree that the University may store and use Registration Data you provide (including credit card information) for maintaining your accounts and billing fees to your credit card.
15.5 - Privacy & Cookies
The information we collect
We gather various pieces of information when you use the Online Store. Listed below is the information we may collect when you place an order through the Online Store:
Your name and billing address: This information is essential in processing your payment.
Your delivery address: When goods purchased on the Online Store are to be delivered you will be asked to provide a delivery address for this purpose.
University degree and student information: In order to process certain orders made through the Online Store (e.g. Academic Transcripts) we will ask you to provide your University of Sheffield registration number, or details of your studies.
Other relevant personal information: If you are booking a place at a conference or event through the Online Store, the conference organisers may ask you to provide other relevant information e.g. details of any dietary requirements or allergies.
How we use your information
We use the information you provide in a number of ways:
Who has access to your information
The information you provide through the Online Store is in general only accessible by members of staff at the University of Sheffield. In addition only staff who work in a department directly related to your order will have access to your information.
Certain academic conferences are organised and ran by individuals or groups which are not part of the University of Sheffield. In such a situation we will allow conference organisers access to your information in order that the conference can be organised successfully.
We do not share your information with any advertisers and do not use the Online Store to generate mailing lists for e-mail marketing purposes.
We work with a number of third parties in order to provide the process payments online.
WPM Education Ltd is a third-party company which provides and hosts the University of Sheffield Online Store.
The information you provide when using the Online Store is stored within databases on WPM Education's servers, which are located within the UK.
WPM Education hold this information solely for the purpose of allowing the University of Sheffield to run the Online Store. WPM Education do not use your information or share it with any other organisations.
In order to process payments online we work with WorldPay (UK) Ltd, a third-party company. We provide WorldPay with the following information solely for the purpose of processing card payments:
Your card billing address,
Your credit or debit card details.
WorldPay only use this information to process card transactions. WorldPay do not share your information with any other organsiation or use it for any purpose other than processing card transactions.
Cookies set by the Online Store
The following cookies are set by the Online Store when you visit the site and are essential to providing functionality:
Cookie Name Purpose
WPM_Store Used to track the user's session
CompanyID Used to track the user's session
ASPSESSIONID Used to track the user's session
We also use Google Analytics to monitor the use of the site, and to make improvements.
Please contact us with any enquiries by e-mailing email@example.com
16.1 The University shall, in no circumstances, be liable to you in contract, tort (including negligence) misrepresentation or otherwise, in respect of any of the following losses or damage (whether such losses or damages were foreseen, foreseeable, known or otherwise):
16.1.1 indirect or consequential loss or damage;
16.1.2 loss of business profits, salary, business revenue, goodwill, or anticipated savings; or
16.1.3 loss which could have been avoided by you through reasonable conduct.
16.2 If for any reason you will not accept delivery of the Goods:
16.2.1 risk in the Goods will pass to you;
16.2.2 the Goods will be deemed to have been delivered; and
16.2.3 the University may store the Goods until delivery, whereupon you will be liable for all related costs and expenses (including, without limitation, storage and insurance).
16.3 The University 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. The University will not be liable for a breach unless:
16.3.1 You give written notice of the defect to the University, and (if the defect is as a result of damage in transit) to the carrier, within 14 days after the time when the you discover or ought to have discovered the defect; and
16.3.2 The University is given a reasonable opportunity after receiving the notice to examine the Goods, and you (if asked to do so by the University) return the Goods to the University, at the your cost, for the examination to take place there.
16.4 The University will not be liable for any claims that the Goods are not of satisfactory quality if:
16.4.1 you make any further use of the goods after giving notice to the University under clause 16.3; or
16.4.2 the defect arises because you failed to follow the instructions as to the storage, installation, commissioning, use or maintenance of the goods or (if there are none) good trade practice; or
16.4.3 you altered or repaired the goods without the consent of the University.
16.5 The University's liability to you in respect of the products you order via the Site will not exceed the total price paid by you for the Goods or Services in question, whether such cause of action is brought in contract, tort, warranty or otherwise.
16.6 Nothing in these Terms and Conditions excludes or limits the liability of the University for death or personal injury caused by the University's negligence, the University's liability for fraudulent misrepresentation or any other matter that may not at law be excluded or limited.
16.7 Notwithstanding the above, nothing in these Terms and Conditions shall limit any rights you might have as a consumer or other statutory rights that may not be excluded by law, nor exclude or limit our liability to you for any death or personal injury resulting from our negligence.
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.
The University has the right to revise and amend these Terms and Conditions from time to time without notice.
19. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications the University send to you should be in writing. When using the Site, you accept that communication with the University will be electronic. The University 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 provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to the University must be given to University of Sheffield, Firth Court, Western Bank, Sheffield S10 2TN or via the email address firstname.lastname@example.org. The University may give notice to you at either the e-mail or postal address you provide to the University 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 e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
21. events beyond our control
The University shall have no liability to you for any failure to deliver the Goods or Services you have ordered, or any delay in doing so, or for any damage or defect to any Goods or Services delivered, that may be caused by an event or circumstance beyond its reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, failure of our suppliers or producers, flood, fire, explosion, acts of terrorism or accident.
The University may at any time assign the Contract or any of the University's rights or obligations under it.
23. third parties
A person who is not party to the contract shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of such contract. This does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
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.
If and in so far as any part or provision of these Terms and 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.
27. GOVERNING LAW
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.
28. customer support
Please contact the University's Customer Services Department :OnLineStore@sheffield.ac.uk
University of Sheffield
Company number: X1089
VAT number: GB 648 2388 08
Part 1: Conditions of Use
The Site is operated by the University of Sheffield ("we", "us", "our"). We are a university and our registered office at 381 Fulwood Road, Sheffield, S10 3GB.
2.1 Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Site without notice (see below). We will not be liable if for any reason the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site.
2.2 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Conditions of Use.
2.3 You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these Conditions of Use, and that they comply with them.
2.4 We aim to update the Site regularly, and may change the content at any time. If the need arises, we may suspend access to the Site, or close it indefinitely. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
2.5 The University will use reasonable endeavours to ensure that availability of the Site will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed.
2.6 Your access to the Site may occasionally be suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. The University will attempt to limit the frequency and duration of any such suspension or restriction.
3.1 If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform the University immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
3.2 Please ensure that the details you provide to the University are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the Your Account area of the Site.
3.3 The University reserves the right to refuse access to the Site, terminate accounts, remove or edit content.
4.1 The University grants you a limited licence to access and make personal use of this Site, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the University. This licence does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
4.2 This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the University's express written consent.You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the University and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising the University's or its affiliates' names or trademarks without the express written consent of the University. You may link to the homepage of the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not link to any other page of the Site without the express written consent of the University, nor must you establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Any unauthorised use terminates the permission or license granted by the University.
5.1 You must not use the Site in any way that causes, or is likely to cause, the Site or access to it to be interrupted, damaged or impaired in any way.
5.2 You understand that you, and not the University, are responsible for all electronic communications and content sent from your computer to the University and you must use the Site for lawful purposes only.
5.3 You must not use the Site for any of the following:
5.3.1 for fraudulent purposes, or in connection with a criminal offence or other unlawful activity;
5.3.2 to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam";
5.3.3 to cause annoyance, inconvenience or needless anxiety.
5.4 By breaching this provision, you may commit a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and in those circumstances we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
5.5 We will not be liable for any loss or damage caused by any technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or due to your downloading of any material posted on it, or on any Third Party Website linked to it.
6.1 The University, or the relevant third parties, are the owner or the licensee of all intellectual property rights in the Site and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
6.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on the Site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. The University's status (and that of any identified contributors) as the authors of material on the Site must always be acknowledged. If you print off, copy or download any part of the Site in breach of these Terms and Conditions, your right to use the Site will cease immediately and you must, at the University's option, return or destroy any copies of the materials you have made.
6.3 You must not use any part of the materials on the Site for commercial purposes without obtaining a licence to do so from the University or its licensors.
7.1 The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:
7.1.1 All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
7.1.2 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including:
18.104.22.168 loss of income or revenue;
22.214.171.124 loss of business;
126.96.36.199 loss of profits or contracts;
188.8.131.52 loss of anticipated savings;
184.108.40.206 loss of data;
220.127.116.11 loss of goodwill; or
18.104.22.168 wasted management or office time; and
7.1.3 whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
7.2 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Last revised: April 2011