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Terms and Conditions

Girton College Website Terms and Conditions of Sale, this page (together with the documents referred to on it) tells you the Terms and Conditions on which we supply any of the products (‘Products’) on our website http://shop.girton.cam.ac.uk (‘our site’) to you.

Please read these Terms and Conditions 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 and Conditions.

You should print a copy of these Terms and Conditions for future reference. Please understand that if you refuse to accept these Terms and Conditions, you will not be able to order any Products from our site.


1. INFORMATION ABOUT US

1.1 The site belongs to the Mistress, Fellows and Scholars of Girton College, University of Cambridge, UK (‘we‘ or ‘us’) of Huntingdon Road, Cambridge, CB3 0JG.

1.2 To contact us please e-mail shop@girton.cam.ac.uk and we will aim to reply to you within 2 working days. Our postal address is: Shop, Girton College, Huntingdon Road, Cambridge, CB3 0JG, United Kingdom. Please note there may be a delay around Christmas and over bank holidays.

1.2 We are a registered UK charity, our number is 1137541. We are also registered with the Fundraising Regulator.

2. YOUR STATUS

2.1 By placing an order through our site, you warrant that you are a business user, or if you are a consumer, 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 email from us acknowledging that we have received and accept your order (‘the Acknowledgement’). Your order constitutes an offer to us to buy a Product or Service. Orders are subject to acceptance by us, and the contract between us (‘Contract’) will only be formed when we send you the Acknowledgement.

3.2 The Contract will relate only to those Products which we have confirmed we will provide in the Acknowledgement. We will not be obliged to supply any other Products which may have been part of your order unless confirmed in a separate Acknowledgement.

3.3 You warrant that all information provided to us by you for the purposes of the Contract is complete and accurate.

4. AVAILABILITY AND DELIVERY

4.1 All orders for Products will be fulfilled within a reasonable time of the date of the Acknowledgement, and normally within the times specified on our site, at the time the order is placed, unless there are exceptional circumstances.

5. RISK AND TITLE

5.1 Products purchased will be at your risk from the time of delivery.

5.2 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.

6. PRICE AND PAYMENT

6.1 The price of any Products will be as quoted on our site at the time of order, except in cases of obvious error.

6.2 These prices are, where applicable, inclusive of a sum representing UK VAT. Delivery costs for the dispatch of Products to the UK and other destinations will be added to the total amount due prior to the placing of any order.

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

6.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or cancel your order and notify you of such cancellation. Any price paid will be refunded to you but we shall have no liability to you beyond the price paid.

6.5 Payment for all Products must be by credit or debit card or an internet-based payment system or agent such as PayPal nominated by us. We accept payment with most major debit and credit cards.

7. IMPORT DUTY

7.1 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.

7.2 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.

8. CANCELLATION OF PRODUCT ORDERS

8.1 You may cancel a Contract for the purchase of a product at any time within seven working days, beginning on the day after you received the Products. You will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in ‘Clause 9’).

8.2 To cancel a Contract for a Product, please call Girton College on 01223 332999 or inform us by email at shop@girton.cam.ac.uk. You must also return any Products concerned 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.

8.3 You will not have any right to cancel a Contract for the supply of any of the following Products:

(a) Goods made to your specifications or clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly;
(b) Audio or video recordings or computer software if they have been unsealed by you.

8.4 Details of this right, and an explanation of how to exercise it, are provided in the Acknowledgement. This provision does not affect your statutory rights.

9. OUR REFUNDS POLICY AND CANCELLATION BY US

9.1 Cancelling your order(s):

(a) You can cancel the Contract between us within the 7 day cooling-off period. In this case we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of any Products in full, including the cost of sending the item to you. However, you will be responsible for the postal cost of returning the item to us;
(b) For any other reason (for instance, because you have notified us in accordance with ‘Clause 19’ that you do not agree to any change in these Terms and Conditions or in any of our policies, or because you claim that any Products is defective), we will examine any returned Products and will notify you of your refund via e-mail within a reasonable period of time.

9.2 Sending Items back:
(a) Please complete the form here and return it with any Products using the pre-printed returns label. All postal charges are at the cost of the customer and we recommend using registered post.
(b) 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. We will usually process the refund as soon as possible and, in any case, within 30 days, from the date we confirmed via email, that you were entitled to a refund for any defective Products.

9.3 Refunds:

(a) We will, unless otherwise agreed, refund you using the same payment method originally used to place and pay for the order. We do not refund any of the delivery charges, unless Products have a defect (see ‘Clause 9.2 b’).
(b) You will be refunded no later than 30 days after the day we receive any Products that you are being returned back from you. You will be sent a confirmation when refund has taken place, please allow up to 10 working days after the email date for the funds to appear in your account.

 

10. OUR LIABILITY

10.1 We warrant to you that any Products 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.

10.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product or Service you purchased

10.3 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 matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
 

10.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage 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;
(f) Waste of management or office time.

However arising and whether caused by tort (including negligence), breach of contract or otherwise provided that this ‘Clause 11’ shall not prevent claims for loss of or damage to your tangible property that fall within the terms of ‘Clause 10.1, 10.2 or 10.3’ or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this ‘Clause 11’.

 

11 INTELLECTUAL PROPERTY

11.1 Nothing in these Terms and Conditions shall give you any right or other licence to use copy or otherwise use or exploit in any way any intellectual property contained in any Product or in the content of any event or service provided to you in accordance with these Terms and Conditions, unless expressly specified prior to order.

11.2 Unless otherwise specified the intellectual property rights in the contents of all the pages in this website, are owned or licensed to Mistress, Fellows and Scholars of Girton College, University of Cambridge, UK; or are used with permission from the owner.

11.3 The contents of this website may not be copied, reproduced, modified, downloaded or used in any form without our prior written permission.

12. WRITTEN COMMUNICATIONS

12.1 Applicable laws require that some of the information or communications we send to you should be in writing. By accessing our site, you accept that communication with us will be primarily electronic through e-mail, or notices posted on our website.

12.2 For contractual purposes by accessing our website, 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.

13. NOTICES

13.1 All notices given by you to us must be given to the staff of Girton College at Huntingdon Road, Cambridge CB3 0JG or shop@girton.cam.ac.uk.

13.2 We may give notice to you, via the email, telephone or postal address, that you provide to us when placing or returning an order, or in any of the ways specified in ‘Clause 12’ above.

13.3 Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or 3 days after the date of posting of any letter (UK only).

13.4 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 email, that such e-mail was sent to the specified e-mail address of the addressee.

14. TRANSFER OF RIGHTS AND OBLIGATIONS

14.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.

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

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

15. EVENTS OUTSIDE OUR CONTROL

15.1 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).

15.2 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.

 

15.3 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.

16. WAIVER

16.1 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 and Conditions, 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.

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

16.3 No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with ‘Clause 13’.

17. SEVERABILITY

17.1 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.

18. ENTIRE AGREEMENT

18.1 These Terms and Conditions 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.

18.2 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 and Conditions.

18.3 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 and Conditions.

19. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

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

19.2 You will be subject to the policies and Terms and Conditions in force at the time that you order products from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).

20. LAW AND JURISDICTION

20.1 Contracts for the purchase of any 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.

 

Date updated: 13 June 2019