Falmouth University VAT Number
Terms & Conditions
University College Falmouth Terms and Conditions for the Supply of Goods and Service
These Conditions apply to all online transactions for the supply of Goods and payments made using the Service on the Site. The specific terms relating to Goods are set out in section A, those for the Service in section B and terms for both in section C.
1. Application of Conditions
These Conditions shall:
(a) apply to and be incorporated into the Contract; and
(b) prevail over any inconsistent terms or conditions supplied by the Customer.
2. Buying Goods
The Customer’s online order constitutes an offer to buy Goods on these Conditions. No offer placed by the Customer shall be accepted other than: by an email acknowledgement issued by the College; or (if earlier) by the College delivering the Goods, when a Contract for the supply of the Goods will be formed.
3. Making Payments
The Customer’s completion of the payment form constitutes an acceptance of these terms by the Customer in relation to the provision of the Service.
A. TERMS AND CONDITIONS FOR THE SALE OF GOODS (PLEASE NOTE COURSE FEES, EVENTS AND ACCOMODATION ARE DEALT IN SECTION B)
1. The Customer’s Cancellation Rights
1.1 The College observes the terms of the Consumer Protection (Distance Selling) Regulations 2000. The Customer will be entitled to cancel the contract at any time before seven days after receiving the Goods.
1.2 The Customer must inform the College that they wish to cancel the Contract and must return the Goods to the College (together with the original packaging) at the Customer’s own expense within 30 days of notification.
1.3 If the Customer cancels the contract in accordance with condition 1.2 of section A, the College will refund the price of such Goods (using the same method originally used by the Customer to pay for the Goods) together with the charges incurred for delivering the Goods, as soon as possible after return of the Goods. The Customer will be responsible for the cost of returning the Goods to the College.
The quantity and description of the Goods shall be as set out in the College’s email acknowledgement of order.
3.1 Unless otherwise agreed in writing by the College, delivery of the Goods shall take place at the delivery address given with the order.
3.2 Any date specified by the College for delivery of the Goods is intended to be an estimate and time for delivery may not be made of the essence by notice. If no date is specified, delivery shall be within a reasonable time.
3.3 If the Customer fails to accept delivery of the Goods, or the College is unable to deliver the Goods because of the Customer’s error:
(a) risk in the Goods shall pass to the Customer; and
(b) the College may store the Goods, at the Customer’s expense, until delivery takes place.
4.1 The quantity of Goods as recorded by the College on despatch shall be conclusive evidence of the quantity received by the Customer unless the Customer can provide conclusive evidence to the contrary.
4.2 The College shall not be liable for any non-delivery of Goods unless the Customer gives written notice within 14 days of the date when the Goods would in the ordinary course of events have been received.
4.3 Any liability of the College for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or refunding the price.
5.1 The Goods are at the risk of the Customer from the time of delivery.
5.2 Ownership of the Goods shall not pass to the Customer until the College has received in full (in cash or cleared funds) all sums due for the Goods.
5.3 The College shall be entitled to recover payment for the Goods if ownership has not passed.
6.1 The price for the Goods, as well as the cost of delivery, VAT and insurance, will be as set out on the Site next to the Goods.
6.2 Payment of the price for the Goods is due in pounds sterling when the Customer places the order without any deduction.
7.1 The College confirms that (subject to the other provisions of these conditions) on delivery the Goods shall be of satisfactory quality within the meaning of the Sale of Goods Act 1979.
7.2 The College shall not be liable for a breach of condition 7.1 of section A unless:
(a) the Customer gives written notice of the defect to the College, and, if the defect is as a result of damage in transit to the carrier, within 14 days of the time when the Customer discovers or ought to have discovered the defect; and
(b) the College is given a reasonable opportunity after receiving the notice of examining such Goods and the Customer (if asked to do so by the College) returns such Goods to the College at the Customer’s cost for the examination to take place there.
7.3 The College shall not be liable for a breach of condition 7.1 of section A if the Customer makes any use of such Goods after giving such notice.
7.4 Subject to condition 7.2 and condition 7.3 of section A, if any of the Goods do not conform with condition 7.1 of section A the College shall promptly replace such Goods or refund the price of such Goods (using the same method originally used by the Customer to pay for the Goods) provided that, if the College so requests, the Customer will, at the College’s expense, return the Goods to the College. The refund, together with the charges incurred for returning and delivering the Goods, will be provided to the Customer as soon as possible and, in any case, within 30 days of the day the College examines the Goods and notifies the Customer that they do not conform with condition 7.1 of section A.
7.5 If the College complies with condition 7.4 of section A it shall have no further liability for a breach of condition 7.1 of section A in respect of such Goods.
B. TERMS AND CONDITIONS FOR SUPPLY OF PAYMENT SERVICE
8.1 The Service is not cancellable but if you have made a payment in error please contact the College immediately.
8.2 The Customer may use the Service to:
(a) pre-pay for printing or material credits; or
(b) pay the following fees:
(i) course fees which are set out in the:
(A) tuition fee and charges notice (see section 3 Student regulations) [insert link to Tuition Fee and Charges notice] for the courses; and
(B) for short courses and conferences – individual terms and conditions of sale including cancellation fees are included within the individual product details; and/or
(ii) accommodation fees,
each of which are subject to a separate contract formed between:
(iii) the College and the Customer (for course fees); and
(iv) the accommodation provider and the Customer (for accommodation). Contracts for the provision of accommodation are subject to a separate contract with the accommodation provider which are outside the control of the College.
8.3 Should you have any queries regarding fees for courses, please contact the Finance Office.
9.1 Payment for course fees will normally reach the Customer’s College account within ten days. The College cannot accept liability for payments which do not reach the correct account due to the Customer quoting an incorrect account number or incorrect personal details.
9.2 If an overpayment is made by the Customer for course fees, the College will have the right to set off the overpaid amount against any outstanding amount owed by the Customer to the College. Any balance will be promptly refunded.
10. Data Protection
The Customer’s name, address and payment record will be processed by and on behalf of the College in accordance with the College’s policy.
11.1 The College cannot accept liability if payment is refused or declined by the credit or debit card supplier. If the credit or debit card supplier declines payment, the College is under no obligation to bring this to the Customers attention. The Customer should check with their credit or debit card supplier that payment has been deducted.
11.2 No payment shall be deemed to have been received until the College has received cleared funds.
11.3 The Customer shall make all payments due under the Contract in full without any deduction.
12. Limitation of Liability
12.1 Subject to condition 3, condition 4 and condition 7 of section A, the following provisions set out the entire financial liability of the College (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Customer in respect of:
(a) any breach of these conditions;
(b) any use made by the Customer of any of the Goods or Service; and
(c) any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
12.2 All warranties, conditions and other terms 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.
12.3 Nothing in these conditions purports to exclude or limit the liability of the College otherwise than as permitted by law.
12.4 Subject to condition 3.2 and condition 3.3 of section C:
(a) the College’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price; and
(b) the College shall not be liable to the Customer for loss of profit, loss of business, or depletion of goodwill in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
The Customer shall not be entitled to assign the Contract or any part of it without the prior written consent of the College.
14. Force Majeure
The College shall have no liability to the Customer under the Contract if it is prevented from, or delayed in performing, its obligations under the Contract by acts, events, omissions or accidents beyond its reasonable control.
Any notice may be served by either party upon the other by sending it by post in a prepaid envelope or by email addressed to such other party at the last address notified to the other party, and any such notice so sent shall be deemed in the absence of proof to the contrary to have been received 5 days after posting or in the case of email at the time of transmission, provided a confirmatory copy is sent by pre-paid first-class post or by personal delivery before the end of the next day.
16. Governing Law and Jurisdiction
The Contract, and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the law of England and Wales.
17.1 The definitions and rules of interpretation in this condition apply in these terms and conditions (Conditions).
- the University College Falmouth incorporating Dartington College of Arts (formerly known as Falmouth College of Arts, Falmouth School of Art and Design and Falmouth School of Art) of Woodlane, Falmouth, Cornwall whose VAT number is 526732051.
- any contract between the College and the Customer for the supply of Goods or Service.
- the person who acquires the Goods or Service from the College.
- Finance Office:
- the office responsible for the administration of tuition fees which can be contacted by telephone on 01326 213778 or by e-mail at firstname.lastname@example.org.
- any goods agreed in the Contract to be supplied to the Customer by the College.
- the online payment facility provided on the Site.
- value added tax chargeable under English law for the time being and any similar additional tax.