The Manchester Metropolitan University

Our eStore terms & conditions

1 These terms

1.1 What these terms cover. These are the terms on which you purchase ‘products’ (goods, services or digital content) from Manchester Metropolitan University eStore.

1.2 Additional terms and conditions. Additional terms and conditions will apply to the purchase of some products as stated on the relevant product page of our eStore site. If there is any inconsistency between these terms and the terms on the relevant product page, the terms on the relevant product page will take priority.

1.3 If you are not buying as a consumer. Some of these terms only apply to customers who are buying as a consumer. A consumer is an individual buying for purposes that are wholly or mainly outside his or her trade, business, craft or profession. If you are not buying as a consumer:

(a) the following clauses do not apply: 8.3, 8.4, 8.5, the summary of key legal rights in 11.2, 13.3, 15.5 and any other provision or part provision which refers to consumer legislation;

(b) we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity (see clause 13.4)

1.4 Why you should read the terms. Please read the applicable terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

2 Information about us and how to contact us

2.1 Who we are. We are Manchester Metropolitan University, a higher education corporation established under the Education Reform Act 1988. Our principal place of business and address for correspondence is All Saints, Manchester, M15 6BH and our registered VAT number is GB 108260441

2.2 How to contact us. You can contact us by writing to us at [email protected]

2.3 How we may contact you. If we have to contact you, we will do so by telephone or email, using the contact details in your order

2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3 Our contract with you

3.1 How we will accept your order. Our acceptance of your order will take place by our confirmation email to the address you gave in your order, showing what items you have ordered and what you have paid, at which point a contract will come into existence between you and us.

3.2 If we cannot accept your order. If we are unable to accept your order for example because your payment is refused, the product is out of stock, or the event is fully-booked, your order will be automatically rejected during checkout.

4 Our products

4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display them accurately, your product may vary slightly from those images.

4.2 Making sure your measurements are accurate. If we are making the product to measurements you have given to us, you are responsible for ensuring that these measurements are correct.

5 Your rights to make changes

If you wish to make a change to the product 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 product, 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 clause 8 - Your rights to end the contract).

6 Our rights to make changes

6.1 Minor changes to products. We may make reasonable changes, adjustments or improvements to a product, for example change the venue of a course or change the hotel for a field study, provided the replacement is reasonably equivalent.

6.2 More significant changes to products. If we are required to make more significant changes to a product, we will notify you and you may then contact us to end the contract before the change takes effect and receive a refund for any products paid for but not received.

6.3 Updates to digital content. We may update or require you to update digital content, provided that the digital content matches the description of it that we provided to you before you bought it.

7 Providing the products

7.1 Delivery costs. Any charges for delivery of a product will be as stated in the relevant product page of our eStore site. If no charge is stated, delivery in the UK is free. For deliveries to anywhere outside the UK you will be responsible for any import duties and taxes which are levied when the delivery reaches the specified destination and there may also be a further charge to cover any additional delivery costs incurred by us.

7.2 When we will provide the products.

(a) If the products are goods we will deliver them as soon as reasonably possible to the address you gave in your registration, or, if specified on the relevant product page and agreed with you, at the collection point and times specified on that page. Delivery shall in any event be within 30 days after the day on which we accept your order OR we will contact you with an estimated delivery date. It is therefore vital that your address is current and correct and that arrangements are in place to accept delivery, otherwise goods may be returned to us.

If you have not received your goods within three weeks of ordering, you should contact the eStore by email to [email protected]

(b) If the products are one-off services the delivery date for the services is as told to you during the order process.

(c) If the product is a one-off purchase of digital content we will make the digital content available for download by you as soon as we accept your order.

7.3 We are not responsible for delays outside our control. If our supply of the products 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, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

7.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

7.5 If you do not re-arrange delivery. If you do not collect the products 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 we will contact you for further instructions and may charge you for storage costs and 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 clause 2 will apply.

7.6 Your legal rights if we deliver goods late. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:

(a) we have refused to deliver the goods; or

(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

(c) you told us before we accepted your order that delivery within the delivery deadline was essential.

7.7 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 7.6, you can reject goods that have already been delivered or cancel your order, either for some of those goods (unless splitting them up would significantly reduce their value or all of them) or all of them. After that we will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, you must either return them in person to where you bought them, post them back to us at Manchester Metropolitan University, Room 209 All Saints Building, All Saints, Manchester, M15 6BH or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please email us at [email protected] to arrange collection.

7.8 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us.

7.9 When you own goods. You own a product which is goods once we have received payment in full.

8 Your rights to end the contract

8.1 Whether you can end your contract with us depends on the circumstances. Your rights to end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;

(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 2;

(c) If you have just changed your mind about the product, see clause 3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;

(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.

8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:

(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 2);

(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

(c) there is a risk that supply of the products may be significantly delayed because of events outside our control; or

(d) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 7.7).

8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in clauses 8.5 (when you do have the right to change your mind) and 8.4 (when you don't have the right to change your mind).

8.4 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:

(a) products where this is stated in the description of the product on our eStore site;

(b) digital products after you have started to download or stream these;

(c) services, once these have been completed, even if the cancellation period is still running;

(d) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;

(e) sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and

(f) any products which become mixed inseparably with other items after their delivery.

8.5 If I have the right to change my mind (as referred to in clause 8.3), how long do I have? How long you have depends on what you have ordered and how it is delivered.

(a) Have you bought services? If so, you have 14 days after the day of our email to you confirming that we accept your order. However, once we have completed the services you cannot change your mind, even if the 14 day period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.

(b) Have you bought digital content for download or streaming? If so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.

(c) Have you bought goods, for example, a book?, if so you have 14 days after the day you (or someone you nominate) receives the goods, unless:

(i) Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.

(ii) Your goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.

8.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and clause 8.5 does not apply, the contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.

9 How to end the contract with us (including if you have changed your mind)

9.1 Tell us you want to end the contract. To end the contract with us, please let us know by emailing us at [email protected]

Please provide the information set out at the end of these terms and conditions in Schedule 1.

9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at Manchester Metropolitan University, Room 209 All Saints Building, All Saints, Manchester, M15 6BH or (if they are not suitable for posting) allow us to collect them from you. Please email us at [email protected] to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.

9.3 When we will pay the costs of return. We will pay the costs of return:

(a) if the products are faulty or misdescribed;

(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, 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.

9.4 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

9.5 Deductions from refunds if you are exercising your right to change your mind (as referred to in clause 8.3):

(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, 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 the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.

(c) Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

9.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:

(a) If the products are goods and we have not offered to collect them, we will usually process the refund due to you as soon as possible, and within 30 days from the day on which we receive the product back from you; or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.

(b) In all other cases, we will process any refund due to you within 30 days of your telling us you have changed your mind

10 Our rights to end the contract

10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

(a) you do not make any payment to us when it is due and you still do not make payment within 3 days of us reminding you that payment is due;

(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, branding or naming for Sports Clubs Kit;

(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.

10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

11 If there is a problem with the product

11.1 How to tell us about problems. If you have any questions or complaints about the product, please email us at [email protected]

11.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

11.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please email us at [email protected] to arrange collection.

12 Price and payment

12.1 Where to find the price for the product. The price of the product (which includes VAT where applicable) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However, please see clause 3 for what happens if we discover an error in the price of the product you order.

12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

12.3 When you must pay and how you must pay. We only accept payment by credit or debit card and you must pay at the time you order the product. We will not accept an order until we have received payment.

13 Our responsibility for loss or damage suffered by you

13.1 We are responsible to you for foreseeable loss and damage caused by us. 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 this contract 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, for example, if you discussed it with us during the sales process.

13.2 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 the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 2 and for defective products under the Consumer Protection Act 1987

13.3 If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

13.4 We are not liable for business losses. If you buy the products in the course of or for any commercial, business or re-sale purpose (see clause 1.3) we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14 How we may use your personal information

14.1 How we may use your personal information. We will only use your personal information as set out in our Privacy Notice.

15 Other important terms

15.1 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

15.2 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

15.3 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

15.4 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

15.5 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to submit the compliant for online resolution to the European Commission Online Dispute Resolution Platform.

Model Cancellation Form

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

To Manchester Metropolitan University: by email to [email protected]

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [* ]/for the supply of the following service [* ],

Ordered on [* ]/received on [* ] ,

Name of customer(s):

Address of customer(s):

Date:

[*] Delete as appropriate

© Crown copyright 2013.

The Manchester Metropolitan University, All Saints Building, Oxford Road, Manchester M15 6BH

Email: [email protected]