Terms and Conditions

On-line Store

Newham College

This page (together with the documents referred to on it), tells you the terms and conditions on which Newham College of FE supplies any of the Goods and Services listed on our website https://newham.collegestore.uk/ (our site) to you. Please read these terms and conditions carefully before ordering any products or services from our site. You should understand that by ordering any of the College’s Goods or Services you agree to be bound by these terms and conditions.

 1.       1.                    DEFINITIONS AND INTERPRETATION 

Contract

Means any Contract for the provision of Goods or Services formed between you and Newham College in accordance with these terms and conditions.

 Despatch Confirmation

Shall have the meaning set out in clause 4.2

 Events

Means a conference, seminar or other activity to be held at or provided by Newham College and which is advertised on the Website.

 Goods

Means the Goods or any part of them available for purchase through the Website and set out in an Order.

 Order

Means an Order placed by you using the Website in accordance with these terms and conditions.

 Purchase Confirmation

Means the email sent to you by Newham College confirming receipt of your Order for Goods and or Services.  

 Services

Means the Services available for purchase through the Website and set out in an Order.

 Website

Means Newham College on-line store located at: https://newham.collegestore.uk/

 2.           Newham College

Newham College operates the Website. Newham College is a Further Education Institution incorporated by Special Act of Parliament based in the United Kingdom. Our main address is Newham College, East Ham Campus, High Street South, London E6 6ER.

 3.         WEBSITE AVAILABILITY AND CONTENT 

3.1       Access to the Website is permitted on a temporary basis, and Newham College reserves the right to withdraw or amend the service provided on the website without notice. The College shall not be liable if for any reason the website is unavailable at any time or for any period.

 3.2       From time to time the College may restrict access to parts of the website, or the entire site, to users who have registered with the website.

 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 user identification code or password, whether chosen by you or allocated by the College, 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 Website. You are also responsible for ensuring that persons who access the Website 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 Website is correct, the material displayed on the Website 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.

4.         ORDERS FOR GOODS

4.1       After placing an Order for Goods through the Website, 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 and on these Terms and Conditions. All Orders are subject to acceptance by the College, and, where the College accepts an Order, it will communicate that acceptance to you by sending an email confirming that the Product has been despatched (“Despatch Confirmation”.)

 4.3       The Contract between you and the College will only be formed when you are sent the Despatch Confirmation. For the sake of clarity, any other correspondence that you receive acknowledging the receipt of an Order will not create a binding contract.

 4.4       The Contract will relate only to those Goods listed in the Despatch Confirmation. The College shall not be obliged to supply any other Goods which may have been part of the Order until they have been confirmed by a separate Despatch Confirmation.   

 4.5       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.

 4.6        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 you should contact us within 7 days of receiving them and we will arrange full refund or exchange, and will also refund the cost of postage.  

 5              ORDERS FOR EVENTS, SERVICES AND ACCOMMODATION

 5.1            Where you place an Order for Events or Services through the Website you acknowledge that:

 5.1.1          The College will make reasonable efforts to provide the Event or Service  described on the Website, but that the College reserves the right to alter the timetable, content, location or speakers of such Events and Services without notice; and

 5.1.2        Specific terms and conditions may apply to any Event or Service and such terms and conditions will be advertised by the College on the page of the Website 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 an Event or Service between you and the College will be formed when the College sends you the Purchase Confirmation confirming your booking(s).

  6             OUR STATUS

 6.1         Other Terms and Conditions may apply to the purchase of certain Goods and Services on the Website which take precedence over these terms. Where that is the case you will be advised of those terms on the page of the Website associated with those Goods and Services.

 6.2         Please note that in some cases the College accepts Orders as agents on behalf of third party sellers. The resulting legal contract is between you and the third party and is subject to the terms and conditions of that third party which they will advise you of themselves. These terms and conditions will only apply to the extent that they govern the use of the Website.

 6.3         The College may provide links on the Website 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 through the Website, of from companies to whose website we have provided a link through the Website, 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 clauses 7.3, 11 and 12 below cancel a Contract at any time within 7 working days beginning on the day after Goods are delivered (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 and 12 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, such as tickets; or

 7.3.4     Goods which consist of audio or video recordings or computer software, and the sealed packaging has been opened or damaged by you.

 7.4        Details of your statutory right of cancellation are provided in the Purchase and Despatch Confirmations. 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          DELIVERY

 8.1        Orders for Goods will be fulfilled by the delivery date in the Despatch Confirmation, or, if no delivery date has been specified for Goods that are Ordered, within 30 days of the date of the Despatch Confirmation, unless there are exceptional circumstances which the College will endeavour to inform you of in advance.  

 8.2       Where Services are Ordered, the Services shall be provided on the date specified on the Website and/or Purchase Confirmation for that particular service.

 8.3         The College shall provide or otherwise procure the provision of the Services in any Purchase Confirmation with reasonable skill and care.

 9           RISK AND TITLE

  9.1       Goods will be at your risk from the time of Delivery. If Delivery 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 delivery of the Goods as set out in the Despatch 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, including delivery charges.

 10         PRICE AND PAYMENT

 10.1       Prices and any delivery or processing charges will be as quoted on the Website 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 the Website.  

 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 or Despatch Confirmation.

 10.4      The Website contains a large number of Goods and Services and it is possible that despite the College’s best efforts, some of them are incorrectly priced. The College will normally verify Prices before sending the Despatch or Purchase Confirmation. Where the correct Price is lower than the price stated on the Website you will be charged the lower amount. If a Price is higher than the price stated on the Website, the College will, at its discretion, contact you for instructions before despatching the Products 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 the Despatch Confirmation or 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, Solo/Switch, Visa and Maestro.

11          CANCELLATION AND REFUND OF GOODS

 11.1       If you wish to return Goods Ordered through the Website:

 11.1.1     Because you have cancelled the Contract 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 in full including any delivery charges. However, you are responsible for the cost of returning the Goods to the College.

 11.1.2    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 delivery, you will be entitled to a full refund, including delivery charges and any reasonable costs you incur in returning the Goods to the College.

 12        CANCELLATION AND REFUND OF EVENTS AND SERVICES

 12.1       The College reserves the right to cancel any Event or Service at its sole discretion at any time prior to the date for providing that Even or Service. Where such a cancellation takes place, the College will notify you in writing by email of that cancellation and shall either offer you a place on an alternative event or time for delivery of the Event or 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 an Event or other Service, including but not limited to any travel costs.

 12.3       Events or Services may (subject to clause 12.4) be cancelled by you without charge at any time up to 30 days prior to the date of the Event or for delivery of the Services. Please note that where an Event or Services are Ordered within 7 days of the date of that Event or for delivery of the Services, you may cancel your Order and obtain a full refund of the amount paid at any time up to but not including that date.

 12.4       The right to Cancel Services does not apply to the purchase of Services where, with your agreement, the College has already supplied or started to supply the Services, and the College will be entitled to retain payment in full.

 13        COLLEGE WARRANTIES

 13.1       The College warrants that any Goods purchased from the College through the Website will, on delivery, 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.

 13.2      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.

 14        CUSTOMER’S WARRANTIES

 14.1                   By placing an Order using the Website, you warrant that:

 14.1.1                 You are legally capable of entering into binding contracts;  

 14.1.2                          You are at least 18 years old; and

 14.1.3                          Any personal information you provide us will be complete and accurate.

 15           LIABILITY

 15.1       Subject to clause 15.3 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).  

 15.2       Subject to clause 15.3, 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:

 15.2.1                  loss of income or revenue;

 15.2.2                  loss of business;

 15.2.3                  loss of profits;

 15.2.4                  loss of anticipated savings;

 15.2.5                  loss of data; or

 15.2.6                  waste of management or office time.

 However, this clause 15.2 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 (a) to (f) inclusive of this clause 15.2.

  15.3       Nothing in these terms and conditions excludes the College’s liability for:

 15.3.1                  death or personal injury caused by its negligence;

 15.3.2                  fraud or fraudulent misrepresentation;

 15.3.3                  any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;

 15.3.4                  defective products under the Consumer Protection Act 1987; or

 15.3.5                  any other matter for which it would be illegal for the College to exclude or attempt exclude liability

 15.4       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 or accepting delivery.

 16           IMPORT DUTY

 16.1       If you Order Goods from the Website for delivery to countries 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 the payment of any such import duties and taxes. Please note that the College has no control over these charges and cannot predict their amount.

 16.2       You must also ensure that you comply with all of the applicable laws and regulations of the country for which the Products are destined, and the College will not be liable for any breach by you of any such laws.

 17                  INTELLECTUAL PROPERTY RIGHTS

 17.1       The College is either the owner or licensee of all intellectual property rights in the Website 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 Website for personal reference.

 17.3       You must not modify the paper or electronic copies of any materials printed off or downloaded from the Website, and must not us 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 Website must always be acknowledged.

 17.5       You must not use any part of the materials on the Website 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 Website or placing any Order through it.

 17.6       If you print off, copy or download any part of the Website in breach of these terms of use, your right to use the Website will cease immediately and you must, at the College’s request, immediately return or destroy any copies of the materials that have been made.

  18           PRIVACY POLICY

 The College will process information about you in accordance with its privacy policy, a copy of which is available on request, you consent to such processing and warrant that all data provided by you is accurate.

 19            VIRUSES, HACKING AND OTHER OFFENCES

 19.1      You must not misuse the Website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or harmful. You must not attempt unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website, or attack the Website 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 Website 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 Website or downloading any material posted on it or any website linked to it.

 20            LINKING TO AND FROM THE WEBSITE

 20.1       You may link to the Website’s 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 Website must not be framed on any site, nor may a link be created to any part of the Website 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 Website other than as set out above must be addressed to the College in writing.

 20.6        Where the Website 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 must be sent to the College by email at [email protected]

 21.2       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 Website, 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

 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 delivered that is caused by any event or circumstance beyond its reasonable control.

 24          WAIVER

 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 20 above.

 25       SEVERABILITY

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

 These terms and conditions and any document expressly referred to in them 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        VARIATION

 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 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 the Dispatch or 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 ).

 28          THIRD PARTY RIGHTS

 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            JURISDICTION

 The English Courts will have exclusive jurisdiction over any claim or dispute arising from, or related to, a visit to the Website. These terms and conditions and any dispute or claim arising out of or in connection with them, their subject matter or their formation shall be exclusively governed by and construed in accordance with the laws of England.