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Brockenhurst College Online Store Terms and Conditions
1.1 These terms and conditions (together with the documents referenced in them) are the terms and conditions on which we supply the Goods, Events and Services, listed on our Online Store to you. Please read these terms and conditions carefully before Ordering from our Online Store.
1.2 You should understand that by Ordering from our Online Store, you agree to be bound by these terms and conditions. Any specific terms for individual Goods, Events or Services will be found on the relevant page of the Online Store and will apply in addition to the terms and conditions set out here.
2 DEFINITIONS AND INTERPRETATION
Means any Contract, for the provision of Goods or Services, formed between Brockenhurst College and you in accordance with these terms and conditions, any document expressly referred to in them and in conjunction with Online Store product-specific terms.
Goods, Events and Services available for purchase / to order via the Online Store
The Goods (e.g. resource packs and items available for collection from the Art & Photomedia Store) or any part of them available for purchase through the Online Store and set out in an Order.
The Services (e.g. post-examinations results services and access to the College bus provision) available for purchase / to order through the Online Store and set out in an Order.
The Events (e.g. offsite activities and student performances) available for purchase / to order through the Online Store and set out in an Order.
An Order, including zero cost bursary funded transactions, placed by you using the Online Store in accordance with these terms and conditions.
The confirmation sent electronically by email to you by Brockenhurst College confirming receipt of your Order for Goods, Events and Services.
The Online Store is operated by Brockenhurst College having its registered office at Brockenhurst College, Lyndhurst Road, Brockenhurst, Hampshire, SO42 7ZE.
3 ONLINE STORE AVAILABILITY AND CONTENT
3.1 Access to the college store is permitted on a temporary basis, and Brockenhurst College reserves the right to withdraw or amend the service provided on the online store without notice. The College shall not be liable if for any reason the online store is unavailable at any time or for any period.
3.2 The College may restrict access to parts of the online store, or the entire site, to users who have registered with the website and/or meet product-specific eligibility criteria.
3.3 You must treat any user identification code, password or any other piece of information that is part of the College’s security procedures as confidential and not disclose it to any third party. The College reserves the right to disable any use account, at any time, if in the College’s opinion you fail to comply with any of these provisions.
3.4 You are responsible for making all the arrangements necessary to have access to the online store. You are also responsible for ensuring that persons who access the online store through your internet connection are aware of these terms and comply with them.
3.5 Whilst the College will make reasonable efforts to ensure that the information on the online store is correct, the material displayed is provided without any guarantees, conditions or warranties as to its accuracy, including but not limited to information about the Products and Prices described in it.
3.6 From time to time, the College will utilise the Online Store to obtain informed consent to act on your behalf (e.g. to permit the examination centre - the College - to access your scripts or to request a review of marking in line with Joint Council for Qualifications guidelines). Where applicable, this will be expressly stated within the product with consent obtained at product level.
4 ORDERS FOR GOODS
4.1 After placing an Order for Goods through the Online, you will receive an email (“Purchase Confirmation”) from the College acknowledging receipt of your Order. This does not mean that the Order has been accepted.
4.2 The Order constitutes an offer by you to buy Goods on these Terms and Conditions. All Orders are subject to acceptance by the College, and, where the College accepts an Order, the Product (or part thereof) will be released for collection from the location specified (e.g. from the Stationery Store or Art/Photomedia Store) with a Contract formed only in respect of those Goods collected. For the sake of clarity, any other correspondence that you receive acknowledging the receipt of an Order will not create a binding contract.
4.3 The Contract will relate only to those Goods listed in the Purchase Confirmation.
4.4 All Orders are subject to availability. If, for any reason, any or all of the Goods you have ordered are or become unavailable the College will make reasonable efforts to notify you of this as soon as possible after becoming aware of it.
4.5 The College may occasionally substitute Goods of a similar description and which are of equivalent quality and price where the original Goods(s) ordered are unavailable. In the event that you are not happy with the substitute goods available at time of collection, the Goods must not be collected and we will arrange full refund or exchange.
5 ORDERS FOR EVENTS & SERVICES
5.1 Where you place an Order for Events or Services through the Online Store you acknowledge that:
5.1.1 The College will make reasonable efforts to provide the Event and/or Service described, but that the College reserves the right to alter Events and/or Services without notice; and
5.1.2 Specific terms and conditions may apply to an Event or Service; such terms and conditions will be advertised by the College on the page of the Online Store associated with that Event or Service.
5.2 The Order constitutes an offer by you to purchase Services on these Terms and Conditions, and the Contract for the provision of Service between you and the College will be formed when the College sends you the Purchase Confirmation confirming your order(s).
6 OUR STATUS
6.1 Other Terms and Conditions may apply to the purchase of certain Goods and Services on the Online Store which take precedence over these terms. Where that is the case you will be advised of those terms on the page of the Online Store associated with those Goods and Services.
6.2 The College may provide links on the College website and/or Online Store to the websites of other companies, whether affiliated with the College or not. The College cannot give any undertaking that products you purchase from third party sellers, or from companies to whose website we have provided a link through the Online Store, will be of satisfactory quality, and any such warranties are disclaimed by the College absolutely.
7 CONSUMER RIGHTS
7.1 If you are contracting as a consumer, you may, subject to Online Store product-specific terms and clauses 7.3, 11, 12 & 13 below, cancel a Contract at any time within 7 working days beginning on the day after Goods are collected (or, where Services have been Ordered, within 7 days of receiving the Purchase Confirmation). In this case, you will receive a full refund of the price paid for the Goods or Services in accordance with the refunds policy set out in clauses 11, 12 & 13 below.
7.2 In order to cancel a Contract you must inform the College in writing and any Goods must be returned immediately at your own cost and in the same condition in which they were received by you. You have a legal obligation to take reasonable care of the Goods while they are in your possession. If you fail to comply with this obligation the College may have a right of action against you for compensation.
7.3 You do not have the right to cancel a Contract for the supply of the following Goods:
7.3.1 Goods that have been made to your personal specification;
7.3.2 Goods which by their nature cannot be returned, such as perishable items;
7.3.3 Goods or items which are only of value for a limited time, or
7.3.4 Goods for which the sealed packaging has been opened or damaged by you.
7.4 This provision does not affect your other statutory rights as a consumer.
7.5 The provisions of this clause 7 do not apply to those purchasing Goods or Services on behalf of a business.
8.1 Delivery is not available in respect of Goods purchased through the Online Store; all Goods are to be collected from the location provided within the Online Store product description.
8.2 Orders for Goods will be fulfilled at time of collection, unless there are exceptional circumstances which the College will endeavour to inform you of in advance.
8.3 Where Services are Ordered, the Services shall, subject to specific criteria (e.g. payment deadlines) provided within the Online Store product-specific description(s), be provided on or from the date specified on the Online Store, within the time frame specified within the Online Store product-specific description or as detailed on the Purchase Confirmation for that particular Service.
8.4 The College shall provide or otherwise procure the provision of the Services in any Purchase Confirmation with reasonable skill and care.
8.5 Activation codes for access to Services (e.g. the Brockenhurst College bus provision) may be provided electronically by email and your email address shared with a Third Party (e.g. the College transport provider) to effect delivery via that Third Party’s platform.
9 RISK AND TITLE
9.1 Goods will be at your risk from the time of collection. If collection is delayed due to any act or omission on your part, the College’s responsibility for everything other than damage caused directly by its negligence will end on the date for collection of the Goods (as/where set out in the Purchase Confirmation).
9.2 Ownership of Goods will only pass to you when the College receives payment in full of all sums due in respect of the Goods.
10 PRICE AND PAYMENT
10.1 Prices and any delivery or processing charges will be as quoted on the Online Store from time to time, except where an obvious error has been made.
10.2 Prices include VAT where applicable unless it is stated otherwise on the relevant page of/product-specific detail within the Online Store.
10.3 Processing and delivery charges are liable to change at any time, but changes will not affect Orders in respect of which you have already been sent a Purchase Confirmation, except where an obvious error has been made.
10.4 Our Online Store contains a large number of Products and it is possible that, despite best efforts, some of those listed may be incorrectly priced. Where the correct Product price is lower than the price stated on the Online Store, you will be eligible for a partial refund; the final charge will reflect the correct price at the lower amount. Where the correct Product price is higher than the price stated on the Online Store, the College will, at its discretion, contact you for instructions before issuing the Product or confirming your booking; or reject the Order and notify you of the rejection.
10.5 If a pricing error is obvious and unmistakeable, and could reasonably have been recognised by you as an error, the College is under no obligation to supply Goods or Services to you at the incorrect (lower) price, even after sending a Purchase Confirmation.
10.6 Payment for all products must be by credit or debit card. Please note that the College only accepts payment from the following cards: MasterCard, Visa and Maestro.
11 CANCELLATION AND REFUND OF GOODS
11.1 Where the Contract is cancelled within the 7 day cooling off period in accordance with clause 7 above, the College will process the refund due to you as soon as possible and in any event, within 30 days of receiving the notice of cancellation. In this case, the College will refund the price of the Goods returned in original, re-saleable condition in full, however you are responsible for the cost of returning the Goods to the College.
11.1.1 For any other reason the College will examine the returned Goods and will notify you of any refund via email within a reasonable period of time. The College will process the refund as soon as possible, and in any case, within 30 days of confirming that you are entitled to a refund. Please note that in order to be eligible for a refund under these circumstances, Goods must be returned in the same condition in which they were received by you.
11.2 If you wish to cancel an Order or any part of it at any time or for any reason other than as set out in clauses 7.1 or 10.1.1 above, (and unless the Goods are defective), you acknowledge that payment of any refunds and/or provision of any exchanges will be at the College’s sole discretion.
11.3 If any Goods are defective on collection, you will be entitled to a full refund. The purchaser must inspect the Goods prior to exiting the ART/PHOTOMEDIA SHOP or STATIONERY (LRC) SHOP.
12 CANCELLATION AND REFUND OF SERVICES
12.1 The College reserves the right to cancel any Service at its sole discretion at any time prior to the date for providing or, for a recurring/ongoing Service (e.g. initial date of access to the College bus provision for a Product-determined period), the date on which the Service was first available, that Service.
12.1.1 Where such a cancellation takes place, the College will notify you of that cancellation in writing and shall either offer you an alternative Service or refund you the amount paid in respect of that Order.
12.2 The College shall not be liable for any costs, losses or expenses that you may incur as a result of its cancellation of a Service, including but not limited to travel costs.
12.3 Services may (subject to clause 12.4) be cancelled by you without charge at any time up to 30 days prior to the delivery of the Service or date of initial delivery of Service. Please note that where a Service is Ordered within 7 days of the date of (including initial) delivery of the Service, you may cancel your Order and obtain a full refund of the amount paid at any time up to but not including the date of initial delivery of the Service.
12.4 The right to Cancel Services does not apply to the purchase of Services where, with your agreement and/or as detailed within Online Store product-specific descriptions and terms, the College has already supplied or started to supply the Services; the College will be entitled to retain payment in full.
13 CANCELLATION AND REFUND OF EVENTS
13.1 The College reserves the right to cancel any Event at its sole discretion at any time prior to the date of that Event.
13.1.1 Where such a cancellation takes place, the College will notify you of that cancellation in writing and shall either offer you an alternative Event or refund you the amount paid in respect of that Order.
13.2 The College shall not be liable for any costs, losses or expenses that you may incur as a result of its cancellation of an Event, including but not limited to travel costs.
13.3 Events may (subject to clause 12.4) be cancelled by you without charge at any time up to 30 days prior to the Event / final possible date of withdrawal from the Event as provided within the Product-specific description of the Event or Offsite Activity on the Online Store. Please note that where an Event is Ordered within 7 days of the date of the Event, you may only cancel your Order and obtain a full refund of the amount paid where provision for this was provided within the Product-specific description of the Event or Offsite Activity on the Online Store.
13.4 The right to Cancel Services does not apply Events where, with your agreement and/or as detailed within Online Store product-specific descriptions and terms, the College has already supplied or started to supply the Event; the College will be entitled to retain payment in full.
14 COLLEGE WARRANTIES
14.1 The College warrants that any Goods purchased from the College through the Online Store will, on collection, conform in all material respects with their description, be of satisfactory quality, and be reasonably fit for all the purposes for which Goods of that kind are commonly supplied.
14.2 Where Services are ordered through the website, the College warrants that they will be provided with reasonable skill and care. All other warranties are, to the fullest extent permitted by law, excluded from any Contract made under these terms and conditions.
15 CUSTOMER’S WARRANTIES
15.1 By placing an Order using the Online Store, you warrant that:
15.1.1 You are legally capable of entering into binding contracts;
15.1.2 You are at least 18 years old; and
15.1.3 Any personal information you provide us will be complete and accurate.
16.1 Subject to clause 16.3 below, if the College fails to comply with these terms and conditions we shall only be liable to you for the Purchase Price of the Product(s).
16.2 Subject to clause 16.3, the College will not be liable for any losses that result from our failure to comply with these terms and conditions that fall into these categories, even if such losses arise from a deliberate breach:
16.2.1 loss of income or revenue;
16.2.2 loss of business;
16.2.3 loss of profits;
16.2.4 loss of anticipated savings;
16.2.5 loss of data; or
16.2.6 waste of management or office time.
However, this clause 16.2 will not prevent claims for loss of or damage to your tangible property that is foreseeable, or any other claims for direct loss that are not excluded by categories 16.2.1 to 16.2.6 inclusive of this clause 16.2.
16.3 Nothing in these terms and conditions excludes the College’s liability for:
16.3.1 death or personal injury caused by its negligence;
16.3.2 fraud or fraudulent misrepresentation;
16.3.3 any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
16.3.4 defective products under the Consumer Protection Act 1987; or
16.3.5 any other matter for which it would be illegal for the College to exclude or attempt exclude liability
16.4 The College will not be liable for any breach of its obligations in any circumstances where its failure to perform its obligations is caused in whole or in part by your failure to perform any of your obligations under these terms and conditions, including but not limited to, any failure or delay in making payment, accepting delivery/undertaking collection.
17 INTELLECTUAL PROPERTY RIGHTS
17.1 The College is either the owner or licensee of all intellectual property rights in the Online Store and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
17.2 You may print off one copy and may download extracts of any pages from the Online for personal reference.
17.3 You must not modify the paper or electronic copies of any materials printed off or downloaded from the Online Store, and must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
17.4 The College’s status (and that of any identified contributors), as the authors of the material on the Online Store must always be acknowledged.
17.5 You must not use any part of the materials on the Online Store for commercial purposes without obtaining a licence to do so from the College and, where applicable, its licensors. For the sake of clarity and avoidance of doubt, no such licence is granted by virtue of your using the Online Store or placing any Order through it.
19 VIRUSES, HACKING AND OTHER OFFENCES
19.1 You must not misuse the Online store by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or harmful. You must not attempt unauthorised access to the Online Store, the server on which the Online Store is stored or any server, computer or database connected to the Online Store, or attack the Online Store via a denial of service attack, distributed denial of service attack or other similar means.
19.2 Anyone breaching this provision would commit an offence under the Computer Misuse Act 1990. The College will report any such breach to the relevant law enforcement authorities and will cooperate with those authorities by disclosing the identity of those responsible to them. In the event of such a breach the individual responsible will lose the right to use the Online Store immediately.
19.3 The College will not be liable for any loss or damage caused by a distributed denial of service attack, viruses or other harmful material that may infect your computer equipment, computer programmes, data or other proprietary material due to your use of the Online Store or downloading any material posted on it or any website linked to it.
20 LINKING TO AND FROM THE ONLINE STORE
20.1 You may link to the Online Store homepage, provided that you do so in a manner that is fair, legal and does not, in the College’s opinion, damage or take advantage of its reputation.
20.2 Any links must not be established in a way that might suggest any forma of association, approval or endorsement on our part where none exist.
20.3 You must not establish a link from any site that is not owned by you.
20.4 The Online Store must not be framed on any website, nor may a link be created to any part of the Online Store other than the home page. The College reserves the right to withdraw linking permission without notice.
20.5 Any other requests to make use of material on the Online Store other than as set out above must be addressed to the College in writing.
20.6 Where the Online Store contains links to other sites and resources provided by third parties, these links are provided for information only. The College has no control over the contents of these sites or resources and accepts no responsibility for them or for any loss or damage whatsoever that may arise from their use.
21 NOTICES AND COMMUNICATION
21.1 All communications and notices from you and relating to this Online Store must be sent to the College by email at email@example.com. If you wish to give us any notice relating to a matter covered by these Terms and Conditions, you must confirm that notice in writing.
21.1.1 In the case of email notices, these are to be sent to firstname.lastname@example.org and must be sent so as to return an acknowledgement of receipt. Notice may also be sent by a recorded method to Director of Finance, Brockenhurst College, Lyndhurst Road, Brockenhurst, SO42 7ZE. No reimbursement is available for costs, including but not limited to, travel and carriage, incurred.
21.2 Applicable laws require that some of the information or communications sent by the College be in writing. When using our Online Store, you accept that communication will be mainly electronic by email. For contractual purposes, you agree to this electronic means of communication and acknowledge that all contracts, notices, information and other communications provided electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
21.3 The College may communicate and give notice to you via post, email or by posting notices on the website. Notice will be deemed received and served immediately when posted on the Online Store, 24 hours after an email is sent, or 2 days after the posting of a letter by first class post. In proving the service of any notice it will be sufficient to prove that, in the case of a letter, that letter was correctly addressed, stamped and posted, and in the case of an email, that the email was correctly addressed and sent.
22 TRANSFER AND SUBCONTRACTING
22.1 You may not transfer, assign, charge, notate, sub-contract or otherwise dispose of a Contract, or any of the rights and obligations arising under it, without the College’s prior written permission.
22.2 The College may assign, charge, notate, sub-contract or otherwise dispose of a Contract, or any of the rights and obligations arising under it, at any time during the Contract.
23 FORCE MAJEURE
23.1 The College shall have no liability to you for any failure to deliver or supply Goods or Services that have been ordered, or for any delay in doing so, or for any damage or defect to Products collected or Service delivered caused by any event or circumstance beyond its reasonable control.
24.1 If the College fails, 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 it fails to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies or relieve you from compliance with such obligations.
24.2 A waiver by the College of any Default will not constitute a waiver of any subsequent default.
24.3 No waiver by the College of Any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated by the College in writing in accordance with clause 21 above.
25.1 If any of these terms and conditions or any provisions of a Contract formed under these terms and conditions are determined by a 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.
26 ENTIRE AGREEMENT
26.1 These terms and conditions and any document expressly referred to in them, in conjunction with Online Store product-specific terms and conditions and refund exceptions, constitute the entire agreement between us, and supersede all prior negotiations, representations and undertakings, whether written or oral, except that this Condition shall not exclude liability in respect of any fraudulent misrepresentation.
27.1 The College reserves the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements, changes in the nature of Goods and Services offered for purchase/Order via this Online Store and changes in our system's capabilities.
27.2 You will be subject to the policies and terms and conditions in force at the time that you Order Goods and Services from the College, 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), or if the College notifies you of the change to those policies or these terms and conditions before sending you Purchase Confirmation (in which case the College has the right to assume that you have accepted the change to the terms and conditions, unless you notify the College to the contrary within seven working days of receipt by you of the Goods or Service).
28 THIRD PARTY RIGHTS
28.1 No person other than a party to a Contract under these terms and conditions shall have any rights to enforce any provision under these terms and conditions.
29.1 Contracts for the purchase of Goods, Events or Services through our Online Store 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) shall be exclusively governed by and construed in accordance with the laws of England. 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.
30 BURSARY FUNDS
30.1 Current Brockenhurst College students may be eligible for financial support through bursary fund(s) administered by the College.
30.1.1 Access to bursary funds via the Online Store is subject to award. Bursaries are academic-year-specific and full eligibility criteria and terms can be found on the College website (https://brock.ac.uk/bursaries).
30.2 Eligible students may be afforded:
30.2.1 exclusive access to bursary-specific discounts in respect of individual Goods, Events & Services available for Order via the Online Store.
30.2.2 access to bursary-exclusive Products as available for Order via the Online Store.
30.2.3 access to a student-specific wallet of bursary funds to cover the Order Price (in full or in part) of individual Products as available for Order via the Online Store (currently limited to Stationery & Art/Photomedia Store Goods).
30.3 bursary funds are non-transferrable and no cash (or similar) alternative is available.
30.4 Orders for Goods, Events or Services completed using bursary funds (both partial and full payment) fall under the scope of these terms and conditions (including any document expressly referred to in them and in conjunction with Online Store product-specific terms).
30.4.1 Rights to cancellation and/or entitlement to refund under those terms and conditions are not affected; the refund will credit the original, including bursary wallet, payment method.
30.4.2 Where part of an Order considered for refund consists of multiple Goods, Events or Services and the total student-specific bursary funds available at time of Order were lower than the combined Price of all Ordered Products (with balance paid via card payment), the Bursary will be credited first and up to the value of the fund’s contribution.