IMPORTANT LEGAL NOTICE ATTENTION: This legal notice applies to the entire contents of the Website under the domain name www.nationalglasscentre.com (Website) and to any correspondence by e-mail between us and you. Please read these terms carefully before using the Website. Using the Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use the Website. This notice is issued by National Glass Centre at the University of Sunderland (National Glass Centre).
1.1 You may access most areas of the Website without registering your details with us. Certain areas of the Website are only open to you if you register.
1.2 By accessing any part of the Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave the Website immediately.
1.3 National Glass Centre may revise this legal notice at any time by updating this posting. You should check the Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website.
2.1 You are permitted to print and download extracts from the Website for your own use on the following basis:
(a) no documents or related graphics on the Website are modified in any way;
(b) no graphics on the Website are used separately from the corresponding text; and
(c) National Glass Centre’s copyright and trade mark notices and this permission notice appear in all copies.
2.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by National Glass Centre or its licensors. For the purposes of this legal notice, any use of extracts from the Website other than in accordance with clause 2.1 for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
2.3 Subject to clause 2.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without National Glass Centre's prior written permission.
2.4 Any rights not expressly granted in these terms are reserved.
3. SERVICE ACCESS
3.1 While National Glass Centre endeavours to ensure that the Website is normally available 24 hours a day, National Glass Centre shall not be liable if for any reason the Website is unavailable at any time or for any period.
3.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond National Glass Centre's control.
4. VISITOR MATERIAL AND CONDUCT
4.2 You are prohibited from posting or transmitting to or from the Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
(b) for which you have not obtained all necessary licences and/or approvals; or
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.3 You may not misuse the Website (including, without limitation, by hacking).
4.4 National Glass Centre shall fully co-operate with any law enforcement authorities or court order requesting or directing the National Glass Centre to disclose the identity or locate anyone posting any material in breach of clause 4.2 or clause 4.3.
5. LINKS TO AND FROM OTHER WEBSITES
5.1 Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. National Glass Centre has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. National Glass Centre therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
5.2 If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of National Glass Centre, University of Sunderland or any other organisations logos placed on the Website;
(b) you do not create a frame or any other browser or border environment around the Website;
(c) you do not in any way imply that National Glass Centre is endorsing any products or services other than its own;
(d) you do not misrepresent your relationship with National Glass Centre nor present any other false information about National Glass Centre;
(e) you do not otherwise use any National Glass Centre trade marks displayed on the Website without express written permission from National Glass Centre;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
5.3 National Glass Centre expressly reserves the right to revoke the right granted in clause 5.2 for breach of these terms and to take any action it deems appropriate.
5.4 You shall fully indemnify National Glass Centre for any loss or damage suffered by National Glass Centre or any of its group companies for breach of clause 5.2.
6.1 Each registration is for a single user only. National Glass Centre does not permit you to share your user name and password with any other person nor with multiple users on a network.
6.2 Responsibility for the security of any passwords issued rests with you.
7.1 While National Glass Centre endeavours to ensure that the information on the Website is correct, National Glass Centre does not warrant the accuracy and completeness of the material on the Website. National Glass Centre may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and National Glass Centre makes no commitment to update such material.
7.2 The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, National Glass Centre provides you with the Website on the basis that National Glass Centre excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill which, but for this legal notice, might have effect in relation to the Website.
8.1 National Glass Centre, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of National Glass Centre’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
8.2 Nothing in this legal notice shall exclude or limit National Glass Centre’s liability for:
(a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977) or
(b) fraud; or
(c) misrepresentation as to a fundamental matter; or
(d) any liability which cannot be excluded or limited under applicable law.
8.3 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
9. GOVERNING LAW AND JURISDICTION
This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.
Issue Date: [13/06/2013]
Terms and Conditions
National Glass Centre Online Store
Terms and Conditions
1.1 The National Glass Centre (), a trading name of University of Sunderland, having its head office at University of Sunderland, 4th Floor,Edinburgh Building, City Campus, Chester Road, Sunderland, SR1 3SD (the National Glass Centre or NGC) shall supply the goods or services listed on the National Glass Centre Online Store website (the Site) on the following terms and conditions.
1.2 By ordering any of the goods or services on the Site, you are deemed to have accepted and agree to be bound by these terms and conditions.
1.3 You should print a copy of these terms and conditions for future reference.
2 APPLICATION OF TERMS
Save as set out in this clause 2 or unless otherwise agreed in writing, these terms and conditions are the only conditions upon which the NGC are prepared to supply the goods or services to you. These terms and conditions shall constitute the whole agreement between the NGC and you and shall govern the contract between the NGC and yourself (Contract) to the entire exclusion of all other terms or conditions (including your terms and conditions or those implied by trade, custom or practice). The terms applicable to this Contract (‘the General Terms’) may in addition include Special Terms relating to particular goods and/or services which will be provided to you as a Schedule to this Contract. In the event of any conflict between the General Terms and the Special Terms, the Special Terms shall prevail.
3 AVAILABILITY OF GOODS OR SERVICES
3.1 The NGC shall supply or otherwise procure the supply of the goods and services available on the Site to any party registered with the NGC on the Site.
3.2 Your order constitutes an offer to the NGC to buy the goods or services. All orders are subject to acceptance by the NGC, and the NGC will confirm such acceptance to you by sending you an e-mail confirming the order (Order Confirmation). The Contract will only be formed once you receive the Order Confirmation. Once you receive the Order Confirmation, the University is under a legal duty to supply goods or perform services that are in conformity with the Contract.
4 DELIVERY OF THE GOODS
4.1 The NGC will use its reasonable endeavours to fulfil and deliver your order within a reasonable time period of the Order Confirmation. If due to exceptional circumstances the NGC is unable to fulfil your order within a reasonable time period, the NGC will email or contact you to let you know.
4.2 In these terms and conditions, the Delivery Address means the delivery address specified in the personal details you have supplied.
4.3 Any date specified by the NGC for delivery of the goods is intended to be an estimate, and delivery will be within a reasonable time.
5 NON-DELIVERY OF GOODS
5.1 The quantity of any consignment of goods as recorded by the NGC upon despatch from the NGC shall be conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary.
5.2 The NGC shall not be liable for any non-delivery of goods (even if caused by the NGC's negligence) unless written notice is given to the NGC within five (5) days of the date when the goods would, in the ordinary course of events, have been received.
5.3 Any liability the NGC has for non-delivery of the goods shall be limited to replacing the goods within a reasonable time, to providing a full refund or issuing a credit note at the pro rata Contract rate against any invoice raised for such goods.
6. Right to cancel
6.1 You have the right to cancel this contract within 14 days without giving any reason.
6.2 The cancellation period will expire after 14 days from the day
(a) of the conclusion of the contract, in the case of a service contract or a contract for the supply of digital content which is not supplied on a tangible medium;
(b) on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods, in the case of a sales contract;
(c) on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good, in the case of a contract relating to multiple goods ordered by you in one order and delivered separately;
(d) on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece, in the case of a contract relating to delivery of a good consisting of multiple lots or pieces;
(e) on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first good, in the case of a contract for regular delivery of goods during a defined period of time.
6.3 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement, eg a letter sent by post to
Fax sent to
Or e-mail sent to
6.4 You may use the attached model cancellation form, but it is not obligatory. You can also electronically fill in and submit the model cancellation form or any other clear statement on our website at [URL]. If you use this electronic option, we will communicate to you an acknowledgment of receipt of such a cancellation by e-mail without delay.
6.5 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
6.6 If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us.)
6.7 We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
6.8 We will make the reimbursement without undue delay, and not later than –
(a) 14 days after we receive back from you any goods supplied, or
(b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
(c) if there were no goods supplied, 14 days after the day on which we were informed about your decision to cancel this contract.
6.9 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
6.10 If you have received goods in connection with the contract, you shall send back the goods or hand them over to us at [address], without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct costs of returning the goods.
6.11 In the case of a service contract, if you requested to begin the performance of services during the cancellation period, you shall pay us an amount in proportion to what has been performed until you have communicated to us your cancellation from this contract, in comparison with the full coverage of the contract.
Exceptions to right to cancel
6.12 The rights outlined in clauses 6.1 to 6.11, however, do not apply to the supply of the following:
a) goods or services (other than the supply of water, gas, electricity or district heating) for which the price is dependent on fluctuations in the financial market which cannot be controlled by the University and which may occur within the cancellation period;
b) goods that are made to the consumer’s specifications or are clearly personalised;
c) goods which are liable to deteriorate or expire rapidly;
d) alcoholic beverages where their price has been agreed at the time of the conclusion of the sales contract, delivery of them can only take place after 30 days, and their value is dependent on fluctuations in the market which cannot be controlled by the University;
e) urgent repairs or maintenance where the consumer has specifically requested a visit from the University;
f) newspapers, periodicals or magazines, except for subscriptions;
g) goods or services purchased at auction;
h) accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities for a specific date or period of performance.
7 CANCELLATION OF SERVICES
7.1 Unless otherwise agreed with the University service provider, should you wish to cancel any booking of a service in advance of the service date, notice should be sent to the University as soon as possible. If cancellation takes place after the statutory fourteen (14) day cancellation period (see clause 6) and within twenty eight days (28) of the service date, the following cancellation charges will apply:
Percentage of Price payable
Less than 14 days
Between 15 and 21 days
Between 22 and 28 days
More than 29 days
7 RISK AND TITLE OF GOODS
7.1 The goods are at your risk from the time of delivery.
7.2 Ownership of the goods will only pass to you when you receive an email from the NGC confirming receipt of all sums due in respect of the goods, including delivery charges.
8 DELIVERY OF SERVICES
8.1 The services shall be provided on the date specified on the Site for that particular service.
8.2 The NGC shall provide or otherwise procure the provision of the services with all reasonable skill and care.
9 NON-DELIVERY OF SERVICES
9.1 If the NGC should have to postpone a service, the NGC shall notify you as soon as possible and provide you with a new date for the delivery of the service.
9.2 If the NGC should have to cancel the service, the NGC shall provide you with a full refund.
11.1 Unless otherwise agreed by the NGC in writing, the price for the goods or services will be the price as displayed on the Site. Should Value Added Tax be payable, the price will clearly stated that Value Added Tax is included in the price. That price is subject to the addition of all costs or charges in relation to postage, carriage and insurance.
11.2 You must make all payments due, in advance, under the Contract, without any deduction and you will receive a email from the NGC confirming receipt of all sums due.
11.3 Prices are liable to change at any time, but changes will not affect orders in respect of which the NGC has already sent you an Order Confirmation.
11.4 The Site contains a large number of goods and services and it is always possible that, despite the NGC's best efforts, some of the goods or services listed on the Site may be incorrectly priced. The NGC are under no obligation to provide the goods or services to you at the incorrect (lower) price, even after the NGC has sent an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as mis-pricing.
12.1 All payments are subject to the following conditions:
12.1.1 The NGC can not accept liability if payment is refused or declined by the credit/debit card supplier for any reason; and 12.1.2 If the card supplier declines payment, the NGC is under no obligation to bring this fact to your attention. You should check with your bank/credit/debit card supplier that payment has been deducted from your account.
13.1 Refunds, if applicable, will be made as soon as possible following cancellation and in any case will be authorised within thirty (30) days of the day of notice of cancellation, or within 14 days if cancellation took place within the statutory cancellation period (see clause 6).
13.2 Refunds, if applicable, will only be made to the debit/credit card used for the original transaction.
14 DATA PROTECTION
15.1 This section applies only to the extent permitted by law. The NGC shall, in no circumstances, be liable to you in contract, tort (including negligence) warranty or otherwise, in respect of any of the following losses or damage (whether such losses or damages were foreseen, foreseeable, known or otherwise):
15.1.1 indirect or consequential loss or damage;
15.1.2 loss of business profits, salary, business revenue, goodwill, or anticipated savings; or
15.1.3 loss which could have been avoided by you through reasonable conduct.
The NGC’s total liability in contract, tort (including negligence) warranty or otherwise arising in connection with the performance or contemplated performance of the Contract will be limited to the price of the goods and/or services
15.2 If for any reason you will not accept delivery of the goods or the services:
15.2.1 risk in the goods or services will pass to you;
15.2.2 the goods or services will be deemed to have been delivered; and
15.2.3 the NGC may store the goods until delivery, whereupon you will be liable for all related costs and expenses (including, without limitation, storage and insurance).
15.3 The NGC confirms that (subject to the other provisions of these terms and conditions) the goods upon delivery will be of satisfactory quality within the meaning of the Sale of Goods Act 1979. Subject to this clause 13.3,
the NGC will not be liable for a breach unless:
15.3.1 you give written notice of the defect to the NGC, and (if the defect is as a result of damage in transit) to the carrier, within fourteen (14) days after the time when the you discovered or ought to have discovered the defect; and
15.3.2 the NGC is given a reasonable opportunity after receiving the notice to examine the goods, and you (if asked to do so by the NGC) return the goods to the NGC, at the your cost, for the examination to take place there.
15.4 The NGC will not be liable for any claims that the goods are not of satisfactory qualility if:
15.4.1 you make any further use of the goods after giving notice to the NGC under 15.3; or
15.4.2 the defect arises because you failed to follow the NGC's instructions as to the storage, installation, commissioning, use or maintenance of the goods or (if there are none) good trade practice; or
15.4.3 you altered or repaired the goods without the consent of the NGC.
15.5 Nothing in these terms and conditions excludes or limits the liability of the NGC for death or personal injury caused by the NGC's negligence, or excludes the NGC's liability for fraudulent misrepresentation.
All warranties, conditions and other terms whether express or implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded
from the contract.
17.1 The NGC may terminate the Contract with immediate written notice if you fail to pay the price of the goods or services in accordance with these terms and conditions.
17.2 Notwithstanding termination of the Contract for any reason you will continue to be liable for that proportion of the price attributable to those goods provided up until the date of termination.
The NGC has to right to revise and amend these terms from time to time without notice.
19 WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications the NGC send to you should be in writing.
When using the Site, you accept that communication with the NGC will be mainly electronic. The NGC will contact you
by e-mail or provide you with information by posting notices on the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that the NGC provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to the NGC must be given to NGC in accordance with details accompanying the product description or via the email address email@example.com
The NGC may give notice to you at either the email or postal address you provide to the NGC when placing an order. Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
The NGC may at any time assign the Contract or any of the NGC's rights or obligations under it.
The failure of either party to exercise or enforce any right conferred on that party by the Contract shall not be deemed to be a waiver of any such right or operate to bar the exercise or enforcement thereof at any time or times thereafter.
If and in so far as any part or provision of these conditions is or becomes void or unenforceable it shall be deemed not to be or never to have been or formed a part of the Contract and the remaining provisions of the Contract shall continue in full force and effect.
24 FORCE MAJEURE
The NGC reserves the right to defer the date of delivery or to cancel the Contract for all circumstances beyond its reasonable control, including but not limited to any strike, lockout, disorder, fire, explosion, accident or stoppage of or affecting the NGC's business or work and which prevents or hinders the delivery of the goods or the performance of the services.
25 GOVERNING LAW
The Contract will be governed by and construed in accordance with English Law. English Courts will have exclusive jurisdiction to deal with any dispute which may arise out of or in connection with the Contract.
Data That We Collect From You
We collect Data about you when you register with us to purchase goods and services from the Site or otherwise provide us with your personal details (such as your name, contact details, e-mail address, credit card details etc).
Use of Your Data
We use your Data:
• to enable us and our suppliers to supply you with the goods, services and information which you have requested;
• to analyse the information we collect so that we can administer, support, improve and develop our business and goods and services we offer;
• to contact you in order to send you details of our goods and services which may be of interest to you;
• to provide you with access to certain parts of the Site; and
• for all other purposes consistent with the proper performance of our operations and business.
We may contact you by post or telephone as well as by e-mail. If you change your mind about being contacted in the future by any of these means then please let us know.
Disclosure Of Your Data
The Data you provide to us will be treated as confidential. However, we may disclose your Data to other third parties (including suppliers) who act for us for the purposes set out in the policy or for purposes approved by you.
Unless required to do so by law, we will not otherwise share, sell or distribute any of the Data you provide to us without your consent.
A cookie is a piece of software that attaches to the hard drive of your computer and remembers information about the configuration of your computer.
We use this information to track your movements through our Site, to find out how it is being used and to assess its usefulness. Data about you is not collected during the tracking process.
We use persistent cookies if you have registered with us on-line. These cookies allow us to make the logging-in process easier and more secure. They will also be used to recognise you when you return to the Site. We also use session cookies that will hold your data on our Site until such time as you logout.
You can disable the cookies that we attach if your browser supports this. For further information on how to do this, please refer to http://www.allaboutcookies.org/. However, you should bear in mind that if you exercise this option, you may be unable to use some of our on-line services.
Third Party Websites
We employ security measures to protect your Data from access by unauthorised persons and against unlawful processing, accidental loss, destruction or damage.
Please help us keep our records updated by informing us of any changes to your e-mail address and other contact details.
You have the right to ask for a copy of the Data held by us in our records in return for which we may charge a fee of £10. You also have the right to require us to correct any inaccuracies in your information.
If you have any queries concerning your Data or any questions on our use of the information then please contact [firstname.lastname@example.org] or write to the University of Sunderland Data Protection Officer, University of Sunderland, 4th Floor, City Campus, Chester Road, Sunderland, SR1 3SD.
0191 515 5555