Terms and Conditions: Sale of Goods

These Terms set out the basis on which Heriot-Watt University ("us" or "we" or "HWU" or “our”) will supply Goods ordered by you on the Website.  When you order Goods, you are agreeing to enter into a contract with us, which is governed by these Terms.  Please note that the capitalised terms have the meanings as set out in Schedule 1 and the Terms are interpreted as described in that Schedule.  The Schedules form part of these Terms.

Please read these Terms carefully before you submit your order to us via the Website. These Terms tell you who we are, how we will provide Goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

1. About Us

   • We are Heriot-Watt University, a company established by Royal Charter in the UK with registration number RC000216 and a charity registered in Scotland with charity number SC000278, whose registered address is Lord Balerno Building, Edinburgh Campus, Edinburgh, Scotland, EH14 4AS, UK. Our registered VAT number is: 270 8005 79. You can contact us using the details at paragraph 15.

2. OUR CONTRACT WITH YOU

   • Our acceptance of your order of Goods will take place when we email you with confirmation of the order at which point a contract will come into existence between you and us.
   • If we are unable to accept your order, we will inform you of this and will not charge you for the relevant Goods. This might be because the relevant Goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the relevant Goods or because we are unable to meet a delivery deadline you have specified.

3. THE goods

   • The images of the Goods on the Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Goods. Your Goods may vary slightly from those images.
   • The packaging of the Goods may vary from that shown in images on the Website.

4. YOUR RIGHT TO MAKE CHANGES

• • If you wish to make a change to the Goods you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Goods you have ordered, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the Contract (see paragraph 8 - Your rights to end the Contract).

5. OUR Right TO MAKE CHANGES

   • We may change the Goods:
     • to reflect changes in relevant laws and regulatory requirements;
     • to implement minor technical adjustments and improvements; and/or
     • which are necessary due to Events Outside Our Control.
   • Where the immediately preceding paragraph does not apply and in the event of more significant changes to the Goods after you have ordered them, we will notify you of the changes and you may then contact us to end the Contract before the changes take effect and to receive a refund for any Goods paid for but not received.

6. PRICE AND PAYMENT

   • The price of the Goods (which includes VAT) which you have ordered will be the price indicated on the order page on the Website at the time of your order. We take all reasonable care to ensure that the price of the Goods on the Website is correct. However, please see the next paragraph for what happens if we discover an error in the price of the Goods you order.
   • It is always possible that, despite our best efforts, some of the Goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price of the Goods at your order date is less than our stated price at your order date, we will charge you the lower amount. If the correct price of the Goods at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Contract, refund you any sums you have paid and require the return of any Goods provided to you.
   • Payment for the Goods ordered by you will be taken by the Payment Processor on our behalf.
   • You must pay for the Goods ordered by you before we dispatch them to you.

7. PROVIDING THE GOODS

   • The costs of delivery of the Goods will be as displayed on the Website.
   • We will deliver the Goods you have ordered as soon as reasonably possible and in any event within 30 days after the day on which we accept your order and receive payment.
   • If our supply of the Goods you have ordered is delayed by an Event Outside Our Control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the Event Outside Our Control, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any Goods you have paid for but not received.
   • If no one is available at your address to take delivery and the Goods which you have ordered cannot be posted through your letterbox, you may require to rearrange delivery or collect the Goods from a local depot or post office.
   • If you do not collect the Goods you have ordered from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot or post office we will contact you for further instructions and may charge you for any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the Contract and paragraph 10 will apply.
   • The Goods you have ordered will be your responsibility from the time we deliver the Goods to the address you gave us.
   • You own the Goods you have ordered once we have received payment in full.
   • We may need certain information from you so that we can supply the Goods you have ordered to you, for example, your delivery address. If you give us incomplete or incorrect information, we may end the Contract and paragraph 10 will apply.

8. your rights to end the Contract

   • If you are ending the Contract for a reason set out as follows then the Contract will end immediately and we will refund you in full for any Goods which you have ordered but have not been provided:
     • we have told you about a change to the Goods you have ordered which you do not agree to under the second bullet point of paragraph 5;
     • we have told you about an error in the price or description of the Goods you have ordered and you do not wish to proceed;
     • there is a risk that supply of the Goods you have ordered may be significantly delayed because of Events Outside Our Control;
     • we have suspended supply of the Goods you have ordered for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 4 weeks; or
     • you have a legal right to end the Contract because of something we have done wrong.
   • For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights are set out in the Consumer Contracts Regulations 2013.  However, you do not have the right to change your mind in respect of any Goods sealed for health protection or hygiene purposes once these have been unsealed after you receive them.

9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)  

   • To end the Contract with us, please let us know by doing one of the following:
     • Online: complete the form in Schedule 2 and email to us at the email address on the form; or
     • Post: Print off and complete the form in Schedule 2 and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
   • If you end the Contract for any reason after the Goods you have ordered have been dispatched to you or you have received them, you must return them to us. You must post them back to us at the address set out in paragraph 15. If you are exercising your statutory right to change your mind you must send off the goods within 14 days of telling us you wish to end the Contract.
   • We will pay the costs of return:
     • if the Goods you have ordered are faulty or misdescribed on the Website; or
     • if you are ending the Contract because we have told you of a change to the Goods you have ordered, an error in pricing or description, a delay in delivery due to Events Outside Our Control or because you have a legal right to do so as a result of something we have done wrong.
   • In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
   • We will refund you the price you paid for the Goods you have ordered including, where applicable, any delivery costs, by the method you used for payment. However, we may make deductions from the refund, as described in the next paragraph.
   • If you are exercising your statutory right to change your mind:
     • we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Goods you have ordered if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect such Goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount; and
     • the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of the Goods within 3-5 days at one cost but you choose to have the Goods delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
   • We will make any refunds due to you as soon as possible. If you are exercising your statutory right to change your mind then your refund will be made within 14 days from the day on which we receive the relevant Goods back from you or, if earlier, the day on which you provide us with evidence that you have sent such Goods back to us. For information about how to return the Goods you have ordered to us, see the second bullet point of this paragraph 9.

10. OUR RIGHTS TO END THE CONTRACT

    • We may end the Contract at any time by writing to you if:
      • you do not make any payment to us when it is due;
      • you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Goods you have ordered, for example, your delivery address; or
      • you do not, within a reasonable time, allow us to deliver the Goods you have ordered to you.
    • If we end the Contract in the situations set out in the immediately preceding paragraph, we will refund any money you have paid in advance for Goods you have ordered and which we have not provided.
    • We may write to you to let you know that we are going to withdraw the Goods you have ordered from sale and will refund any sums you have paid in advance for the Goods which will not be provided.

11. DATA PROTECTION NOTICE

    • We will process personal data that you provide to us or which we collect about you in accordance with our Privacy Notice.
    • We may disclose personal data to third parties as set out in our Privacy Notice.
    • Please inform us promptly of any change of address or other personal information you have provided to us.

12. liability

    • We will not be responsible for any failure by us to perform our obligations to you where this is due to:
      • Events Outside Our Control as set out in paragraph 13; or
      • incorrect details provided by you.
    • If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen.
    • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes:
      • liability for death or personal injury caused by our negligence or where it would be unlawful to do so;
      • for fraud or fraudulent misrepresentation; and
      • for breach of your legal rights in relation to the Goods.
    • We only supply the Goods you have ordered for private use. If you use the Goods for any business or re-sale purposes we will have no liability to you for any loss.
    • Except where it is unlawful to do so, our total liability to you under the Contract will be limited to the price of the relevant Goods ordered by you.

13. Events outside our control

    • We will not be liable or responsible for any failure to perform, or delay in performing, any of our obligations under these Terms that is caused by an Event Outside Our Control. If an Event Outside Our Control takes place that affects the performance under these Terms:
      • we will contact you as soon as reasonably possible to notify you;
      • our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
      • we will restart the performance of our obligations as soon as reasonably possible after the Event Outside Our Control is over.

14. Your rights as a consumer

• • As a consumer, you have legal rights in relation to the Contract which are not affected by these Terms. Advice about your rights is available from your local Citizen's Advice Bureau.

15. General

    • We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing or email if this happens and we will ensure that the transfer does not affect your rights under the Contract.
    • If we fail to insist that you perform any of your obligations under these Terms, or do not enforce our rights or delay in doing so, that will not mean that we have waived our rights or that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
    • Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them or parts thereof are unlawful, the remaining paragraphs and (where applicable) the parts thereof will remain in full force and effect.
    • The Contract is between you and us only. No other person shall have any rights to enforce it.
    • Our contact details are as follows:

Heriot-Watt University
Edinburgh
                                                            EH14 4AS                                                                                                 
UK

(marked “for the attention of Panmure House”)

Email: panmurehouse@hw.ac.uk

Online contact form

• You confirm that you have read these Terms carefully before agreeing to be bound by them.
• Where you are not a “consumer” under the Consumer Rights Act 2015 then:
  • these Terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which his not set out in these Terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms;
  • paragraphs 8 and 9 shall not apply;
  • we will have no liability to you in respect of any issues with the Goods ordered by you (unless required to do so under the Sale of Goods Act 1979);
  • you must pay all amounts due to us under these Terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law);
  • paragraphs 12.2 and 12.3 shall not apply;
  • nothing in these Terms shall limit or exclude our liability for:
    • liability for death or personal injury caused by our negligence or where it would be unlawful to do so;
    • for fraud or fraudulent misrepresentation; and
    • breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
    • any matter in respect of which it would be unlawful for us to exclude or restrict liability;
  • subject to paragraph 15.7.6:
    • we shall not be liable to you, whether in contract, delict/tort (including negligence), breach of statutory duty or otherwise, for any (i) loss, and (ii) indirect or consequential loss, arising under or in connection with the Contract; and
    • our total liability to you whether in contract, delict/tort (including negligence), breach of statutory duty or otherwise, shall be limited to the price paid by you for the relevant Goods under the Contract;
  • paragraph 15.9 shall not apply;
  • any dispute or claim arising out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims) will be governed by and interpreted in accordance with the laws of Scotland and the Scottish courts shall have exclusive jurisdiction to settle any such dispute or claim.
• If we make any changes to these Terms these will be published on the Website.

16. General

• If you are a consumer, please note that
• • (a) this Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) will be governed by and interpreted in accordance with the laws of Scotland, and
  • (b) you and we both agree that the Scottish courts will have exclusive jurisdiction except that (i) if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, (ii) if you are resident of England, you may also bring proceedings in England, and (iii) if you are resident in the European Union then, subject to Brussels I (recast) (or equivalent provisions) applying to the UK following Brexit, you may be able to raise a claim in the courts of the member state in which you reside or the Scottish courts.

Schedule 1

DEFINITIONS AND INTERPRETATION

1. In these Terms, the following terms have the meanings as set out below:

2. When examples are given in these Terms by using words or phrases such as "including" or "for example" this will not restrict the meaning of the related general words.
3. A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.
4. A reference to a paragraph is to a paragraph of these Terms.
5. In the event of conflict between these Terms and the Website Terms and Conditions then these Terms shall prevail.

Schedule 2 - MODEL CANCELLATION FORM

(Complete and return this form only if you wish to withdraw from the Contract)

To:

HERIOT-WATT UNIVERSITY

RICCARTON

EDINBURGH EH14 4AS, UNITED KINGDOM

(marked “for the attention of Panmure House”)

Email: panmurehouse@hw.ac.uk

I ______[INSERT NAME]_______

hereby give notice that I cancel my contract of sale of the following goods:

______________________________________

[INSERT DESCRIPTION OF THE GOODS]

Ordered on __________________ [DATE]

Name of consumer:

Address of consumer:

Email address of consumer:

Signature of consumer (only if this form is notified on paper):

Date:

Last updated 11 September 2020.