Terms and Conditions for using Nescot's Online Store and Payment Gateway
1.1 These Terms and Conditions apply to purchasing goods and services via the Nescot Online Store. By using the Nescot Online Store you are agreeing to be bound by these Terms and Conditions.
1.2 Please read these Terms and Conditions carefully before submitting your order as they govern your use of the Nescot Online Store, how we will provide goods and services to you, how you and we may change or end the contract between us, what to do if there is a problem and other important information. These Terms and Conditions do not affect your statutory rights as a consumer.
2. Information and Definitions
2.1 For the purposes of these Terms and Conditions the following expressions shall have the following meaning:
‘College’ shall mean Nescot (North East Surrey College of Technology) whose principal place of business is Reigate Road, Ewell, Epsom, Surrey. KT17 3DS.
‘Customer’ shall mean the person(s), firm, business or company making the purchase through Nescot’s Online Store.
‘Contract’ shall mean any contract between Nescot and the Customer for the sale and purchase through Nescot’s Online Store.
‘Order’ shall mean any order you place on the Site for the purchase of goods or services.
‘Collection Point’ shall mean the designated site where goods are to be collected by the Customer as detailed in the transactions on Nescot’s Online Store.
‘Force Majeure’ shall mean any act or circumstances beyond Nescot’s control.
‘Products’ shall mean goods and/or services agreed in the Contract to be supplied to the Customer by Nescot.
The ‘Site’ shall mean the Nescot Online Store (https://eshop.nescot.ac.uk).
2.2 How to contact us:
You can contact us about your Order or with any other queries relating to your use of the Site by telephoning or by writing to us. Our contact details are set out at paragraph 15 below.
2.3 How we may contact you:
If we need to contact you we will do so by telephone or by writing to you at the email address [or postal address] you provided to us in your Order.
2.4 Please note that use of the term ‘writing’ or ‘written’ in these terms and conditions includes email. By placing an Order via the Site, you consent to communicating with the College by email.
3.1 How we will accept your order:
The College’s acceptance of your Order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your Order:
The availability of the goods or services which are the subject of your Order will be determined by the product description displayed on the Site at the time of placing your Order. If we are unable to accept your Order we will inform you of this by telephone or in writing and will not charge you for the goods or services. This might be because the goods are out of stock or a course is full or is cancelled due to circumstances that we could not reasonably plan for or because we have identified an error in the price or description of the goods or services.
3.3 Description of and changes to goods or services:
The College will make all reasonable efforts to ensure that the description of our goods and services on the Site is fair and accurate, however the goods or services comprising your Order may vary slightly from those descriptions from time to time. The College will inform you on placing your Order if the relevant goods or services will vary substantially from the relevant description. The images of goods shown on the Site are for illustrative purposes only and your Order may vary slightly from those images.
3.4 Changes by the College to goods and services and these terms & conditions:
The College may change goods and services to reflect any change in law or regulation or to implement minor changes or improvements to services. Where more significant changes are made to goods or services or to these terms and conditions we will inform you in writing if you have already placed your Order and otherwise we will amend the relevant description on the Site. You may then contact us to cancel your Order and receive a refund before the changes take effect.
3.5 Your rights to make changes:
If you wish to make a change to the goods or services 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 or services, time for collection or anything else necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
4. Delivery and Collection
4.1 Collection time:
During the order process we will let you know when we expect to be able to have your goods ready for collection or delivery of a service. We will make goods will be available for collection as soon as reasonably practicable and in any event within 30 days after the day on which we accept your Order or we will contact you with an estimated collection date within 7 days after the day on which we accept your Order. The College is not responsible or liable for any delays outside its control but will contact you should such a delay occur. If there is a substantial delay you may end the Contract and receive a refund.
4.2 Collection of goods:
Goods are sold via the Site for collection by the Customer only as the College does not deliver goods to the Customer’s home. We will ask you to collect goods and we will provide services from a Collection Point as detailed in the instructions on the Site or in a confirmation email sent to you. You will be required to provide proof of payment for an Order at the Collection Point-please bring a copy of your email that confirms that payment has been made. Your goods will be your responsibility from the time you collect them from the Collection Point and you will own the goods once we have received full payment. If you do not collect your goods within the time specified when we confirm availability for collection we will contact you to rearrange collection. If despite our reasonable efforts we are unable to contact you to rearrange collection we may end the Contract and we may deduct our reasonable costs incurred in your failure to collect the goods.
5. Online Price and Payments for Goods and Services
5.1 Unless otherwise agreed by the Customer and College in writing, the price for the goods or service will be the price as displayed on the Site. That price includes VAT where applicable. Prices are liable to change at any time, but changes will not affect Orders in respect of which we have already sent you a Dispatch/Collection Confirmation.
5.2 It is possible that from time to time and despite our best efforts some prices may be incorrectly stated on the Site. We will normally check prices before accepting your Order so that we can contact you before completing your Order. If we accept your Order where a pricing error is obvious and could reasonably have been recognised by you as mispricing, we may end the contract, refund you and require return of the goods (if applicable).
5.3 Unless you have obtained the College's prior written agreement, the College will take your payment in full at the time you place your Order to avoid any delay in the processing of your Order. Please ensure that your payment is made in pounds sterling (£) as otherwise your Order will not be accepted. Payment can be made using most UK debit and credit cards or via PayPal. Any other charges incurred in making the payment or in processing a refund (unless as a result of the College’s fault or omission) shall be borne by you and shall not be deductible from the payment due to the College.
6. Limitations and Exclusions
6.1 The College will use reasonable care and skill in the supply of goods and services to you under the Contract. We are responsible to you for foreseeable loss and damage caused by us if we break the terms of our Contract or fail to use reasonable skill and care. Otherwise the College is not responsible to you for any loss or damage that is not foreseeable.
6.2 The College is not liable for any business losses and if you use the goods or services for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
6.3 The College's liability for death or personal injury caused by our negligence shall be unlimited.
7. College’s Intellectual Property Rights
7.1 All content including pictures, designs, logos, photographs, text written and other materials on the Site and associated with the goods or service purchased by you are owned, controlled or licensed to the College. The College’s intellectual property rights are protected by law. Unauthorised use of such content is prohibited.
8. Cancellation and Refunds
8.1 How long do I have to change my mind?
How long you have depends on what you have ordered. You have the right to cancel an Order within the following time limits:
8.1.1 For Courses booked in the Nescot Gas Academy or any other short courses: these fees are non-refundable.
8.1.2 For services other than conference and event bookings: fourteen (14) working days from the day after the date that the Order has been placed.
8.1.3 For goods: fourteen (14) working days from the day after that on which the goods have been collected by the you.
8.2 If you are cancelling an Order for goods, then the goods must be returned immediately to the College in the same condition, including the original packaging, in which you collected them and at your own cost and risk (unless the goods are faulty or were wrongly described by the College).
8.3 If you wish to cancel an Order you must inform the College in writing (by letter, fax or email). Refunds will only be made to the debit/credit card used for the original transaction
8.4 If the College should have to cancel your Order of goods, the College shall inform you as soon as possible and shall provide you with a full refund.
Refunds cannot be made for the following items:
Items made to your specification which are clearly personalised;
Goods which by reason of their nature cannot be returned or are liable to expire rapidly;
Services, if the supply has already commenced with your agreement;
Audio or video recordings or computer software if the seal has been broken;
Newspapers periodicals or magazines.
9. Non-delivery of Services
9.1 If the College should have to postpone a service, the College will notify you as soon as possible and provide a new date for the delivery of the service (for example an alternative date for a short course).
9.2 If the College should have to cancel the service [or you are not able to receive the service on an alternative date], the College will provide you with a full refund.
10.1 The College is committed to maintaining your privacy and for this reason all payments are made using a specialist payment service provider. All personal data and payment details, which are entered through the Site, are encrypted to comply with the Payment Card Industry Data Security Standard (PCI DSS).
10.2 The College shall not be liable for any failure by you to properly protect data from being seen on their screen by other persons or otherwise obtained by such other persons, during the online payment process or in respect of any omission to provide accurate information in the course of the online payment process.
10.3 Once your payment transaction has been completed you will be redirected back to the Site where you will receive an email confirmation of your Order.
11. Force Majeure
11.1 The College reserves the right to defer the date of delivery of services or collection of goods or to cancel the delivery of services or supply of goods in the case of any circumstances which are beyond its reasonable control and which prevents or hinders the availability or delivery of the goods or services.
12. Privacy Statement and Data Protection
12.1 The College is committed to protecting your privacy. The College will only use your personal details, collected when you use the Site, in accordance with our data protection and cookies policy http://www.nescot.ac.uk/privacy-policy/ lawfully and in accordance with the principles of the Data Protection Act 1998 and the College will ensure that your personal data is kept confidential and is not used or disclosed other than as provided for under these Terms and Conditions or as required by law.
12.2 In accordance with the Data Protection Act 1998, the College will hold and process the information provided by you only for the purposes of supplying the goods or services which are the subject of your Order.
12.3 We will not email or mail you in the future unless you have given us prior consent to do so. We will not collect sensitive information about you without your consent. We do not sell, rent or otherwise make available any personal data submitted by visitors to the Site to third parties.
12.4 In order to deliver certain services, for example an overseas trip, we may be required to provide personal data to a third party provider (e.g. tour operator). In such circumstances we will seek your prior consent before disclosing personal data to such a third party. If you are providing personal data relating to other people you are responsible for obtaining their consent.
12.5 Links from the Site may take you to sites not covered by our Privacy Statement. We recommend you check the privacy policies for these sites before submitting any personal data.
12.6 We may use technology to track the patterns of behaviour of visitors to the Site. This can include using a “cookie” which would be stored on your browser. You can usually modify your browser to prevent this activity. Please refer to our cookies policy at http://www.nescot.ac.uk/privacy-policy/ for further information.
13. Third Parties
13.1 Subject to 13.2 below, the Contract is between the College and you and nobody else has any rights under the Contract and no other person shall have any rights to enforce any of its terms.
13.2 You need the College’s consent to transfer your rights under the Contract to someone else, for example if you wish to transfer your booked place on a short course, and shall only do so if we agree in writing.
14. Law and Jurisdiction
14.1 These Terms and Conditions, the Contract and all Orders placed via the Site will be governed by and construed in accordance with English Law and all parties can bring legal proceedings in respect of the goods or services in the English courts only.
15. Complaints and the College’s contact details
15.1 If you wish to contact the College about your Order or you have a complaint about any aspect of the Site or the goods or services which are the subject of your Order please contact us at:
Finance Department - Online Store, Nescot, Reigate Road, Ewell, Epsom, Surrey. KT17 3DS
02 8394 3030
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