Terms and Conditions of Sale
On-line Store
Newham College of Further Education
By ordering any goods or tickets or booking any events via this site, you agree to be bound by these terms
and conditions of sale (“terms of sale”).
Please read these terms of sale carefully before placing any order on this site.
Where indicated on the relevant page of the site, specific terms and conditions may apply to certain goods,
tickets and/or events, in addition to and/or instead of these terms of sale, and you also agree to be bound
by those specific terms and conditions.
1.
INFORMATION ABOUT US
1.1.
This site is operated by Newham College of Further Education (the “College” / “we” / “our”). Unless
otherwise stated, we are the supplier of the goods, tickets and events available via this site.
1.2.
The College is a Further Education Institution incorporated by Special Act of Parliament and based
in the United Kingdom. Our main address is Newham College of Further Education, East Ham
Campus, High Street South, London E6 6ER.
2.
USE OF THE SITE
2.1.
Your use of this site is governed by our Terms and Conditions of Use [INSERT LINK TO TS AND CS
OF USE].
3.
DEFINITIONS
In these terms of sale:
Contract means the contract formed when we accept your Order by sending you our Order
Acceptance;
event means a lecture or lecture series, conference or other event available to book on this site;
goods means any goods available to purchase on this site;
Order means your order for goods or tickets or your event booking, placed via this site;
Order Acceptance has the meaning given to it in paragraph 4.2;
ticket means a ticket for admission to the Fashion Museum or for a ticketed service, available to
purchase on this site; and
ticketed service means a service to which a holder of a ticket will have access, such as admission to
a venue or attendance at concerts, performances and/or exhibitions.
4.
ORDERS
4.1.
After placing an Order through the site, you may receive an email 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 the goods or tickets or to book the event(s) specified in
your Order, on these terms of sale. All Orders are subject to acceptance by the College. Where the
College accepts an Order, it will confirm its acceptance to you by email. This email is referred to as
our “Order Acceptance”.
4.3.
The Contract between you and the College will only be formed when you are sent the Order
Acceptance, and not before.
4.4.
All Orders are subject to availability. Where we are unable to supply all of the goods or tickets listed
in your Order and/or where an event is fully booked, our Order Acceptance will list only the goods
and/or tickets that we are able to supply, and/or the event bookings that we are able to make. If, for
any reason, any or all of the goods or tickets you have ordered, or the event(s) you have booked,
become unavailable after the date of our Order Acceptance, we will make reasonable efforts to notify
you of this as soon as we are able to do so.
5.
SUBSTITUTIONS AND VARIATIONS
5.1.
Where any or all of the goods you have Ordered are unavailable, we may occasionally substitute
goods of a similar description and which are of equivalent quality and price. If you are not happy
with the substitute goods you should contact us within 7 days of receiving them and we will:
5.1.1.
either arrange to collect the substitute goods on a date agreed between us or ask you to
return the goods to us at our cost; and
5.1.2.
provide you with a full refund, including delivery charges and (if applicable) any reasonable
costs you incur in returning the substitute goods to us.
5.2.
We aim always to run events and provide ticketed services as described on the site, but it may
occasionally be necessary to alter certain aspects of events and/or ticketed services, such as the time,
date, content, location, opening hours, performers and/or speakers. If this is the case, we will try
where possible to give you advance notice of the alteration. If you are a consumer, and the alteration
means that you no longer wish to attend the event or purchase the relevant tickets, you will be
entitled to cancel your Order without charge.
6.
DELIVERY / TIME FOR PERFORMANCE
6.1.
Subject to paragraphs 5.1 and 17, we will deliver goods by the delivery date specified in the Order
Acceptance or, if no delivery date has been specified, within 30 days of the date of the Order
Acceptance. Exceptionally, circumstances may prevent us from delivering goods on time. We will do
our best to inform you in advance where this is the case.
6.2.
Subject to paragraphs 5.2, 10 and 17, tickets will be provided, and events will take place, on the
date(s) specified on the site and/or in the Purchase Confirmation for that particular Service and/or
event.
7.
RISK AND TITLE
7.1.
We bear the risk of any loss of or damage to goods and/or tickets whilst they are being delivered to
you. This risk passes to you from the time the goods and/or tickets are received or left at the delivery
address specified in the Order Acceptance. If delivery is delayed due to any act or omission on your
part, we may either: (a) cancel your Order and refund any sums already paid by you, less any
applicable delivery charges for the failed delivery; or (b) at our option, store the goods and/or tickets
at your risk and cost until delivery can take place and charge you any applicable delivery charges
both for the failed delivery and any repeat attempt(s).
7.2.
Ownership of goods and/or tickets will only pass to you when the College receives payment in full of
all sums due in respect of the goods or tickets, including any applicable delivery and/or processing
charges.
8.
PRICE AND PAYMENT
8.1.
Prices and any applicable delivery and/or processing charges will be as quoted on the site from time
to time.
8.2.
Prices include VAT where applicable unless it is stated otherwise on the relevant page of the site.
8.3.
Processing and delivery charges are liable to change at any time (in which case the site will be
updated accordingly, but changes will not affect Orders in respect of which you have already been
sent an Order Acceptance.
8.4.
The site contains details of a large number of goods, tickets and events and it is possible that, despite
the College’s best efforts, some of the pricing and other information shown for certain goods, tickets
and events is incorrect. The College will normally verify prices before sending the Order Acceptance.
Where the correct price is lower than the price stated on the site you will be charged the lower
amount, unless paragraph 8.5 below applies. If a price is higher than the price stated on the site, the
College may either (a) contact you to see whether or not you wish to go ahead with the Order; or (b)
cancel your Order and notify you of the cancellation, in which case we will refund the price already
paid by you (if any).
8.5.
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 tickets to you, or allow you to attend
an event, at the incorrect (lower) price, even after sending the Order Acceptance.
8.6.
Payment for all products must be made in pounds sterling by credit or debit card, using our online
payment facility. You will need to register with the site and be issued with a unique user ID before
you can use this facility. You will be responsible for protecting the confidentiality of this user ID and
any password or other security information used by you to access your account on the online
payment facility.
Please note that the College only accepts payment by the following cards:
MasterCard, Solo/Switch, Visa and Maestro.
Any currency conversion costs or other charges
incurred in making a payment will be borne by you in addition to the price due to us.
8.7.
The College takes reasonable care to ensure that its online payment facility is available and
functioning at all times, but cannot guarantee continuous, uninterrupted or secure access to such
facility, nor can we guarantee that the facility is virus or error free. We also try to ensure that your
payments are processed promptly, but it is often difficult to predict the amount of time needed to
complete processing because it is dependent upon many factors outside of our control, such as delays
in the banking system or in card networks.
Access to the Online Payment facility may be
occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or
services. We will attempt to provide reasonable notice of any scheduled interruptions to such facility
and will do what we can to restore the facility as soon as reasonably possible.
9.
CANCELLATION BY YOU
9.1.
If you are a consumer, you have the following statutory cancellation rights:
9.1.1.
Goods
You may cancel any Contract for the purchase of goods within seven working days (not
including weekends or bank holidays) after the day on which you receive the goods.
9.1.2.
Tickets / Events
You may cancel any Contract for the purchase of tickets and/or event bookings within seven
working days (not including weekends or bank holidays) after the day on which you receive
the relevant Order Acceptance. You will lose this right to cancel if you use your ticket and/or
attend the event (or any one of a series of events) within this seven day period.
If you wish to cancel a Contract under this paragraph 9.1, you must inform the College in writing
[INSERT LINK TO PARA 18] and promptly return any goods or tickets you have already received, at
your own cost, in the same condition in which they were received by you. You have a legal obligation
to take reasonable care of goods or tickets 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.
9.2.
If you cancel a Contract in accordance with paragraph 9.1, you will receive a full refund of the price
paid for the goods, tickets or event, together with any delivery charges you have paid. We will
process the refund due to you as soon as possible and, at the latest, within 30 days of receiving your
notice of cancellation.
9.3.
You do not have the right to cancel a Contract for the supply of the following types of goods:

goods that have been made to your personal specification;

goods which by their nature cannot be returned, such as perishable items;
 goods which consist of audio or video recordings or computer software, where the sealed
packaging has been opened or damaged by you.
9.4.
Details of your statutory right of cancellation are also provided in the Order Acceptance.
9.5.
If any goods you receive are faulty or later develop a fault, you should notify us and we will either
arrange to collect the goods on a date agreed between us or ask you to return the goods to us at our
cost. We will inspect the returned goods and, if we agree that they are faulty, we will (unless one of
the exceptions in paragraph 11.3 applies):
9.5.1.
provide you with a full or partial refund, including delivery charges and any reasonable
costs you incur in returning the goods to us;
9.6.
9.5.2.
replace the goods; or
9.5.3.
repair the goods and return them to you.
If you wish to cancel an Order for goods (or any part of the Order) at any time, whether prior to or
after receiving the goods, other than under paragraphs 9.1 or 9.5, refunds and/or exchanges will be
at the College’s discretion. If you have already received the goods, you must return the goods to us at
your own cost, in the same condition in which they were received by you.
9.7.
Orders for tickets and event bookings may be cancelled by you without charge at any time up to 30
days prior to the date of the event or (as the case may be) the date shown on the ticket(s). You will
lose this right to cancel if you use your ticket and/or attend the event (or any one of a series of
events) before this deadline expires. Tickets and event bookings are usually non-refundable after
this time, except under paragraph 9.1. If you cancel an Order for tickets or an event booking under
this clause 9.7, any sums you have paid for the relevant tickets or event will be fully refunded to you,
less any applicable delivery and/or processing charges.
9.8.
Where you are entitled to a refund, the College will process the refund as soon as possible and, at the
latest, within 30 days of confirming that you are entitled to it.
10.
CANCELLATION BY US
10.1. The College reserves the right to cancel any event or ticketed service at its sole discretion at any time
prior to the date for providing that event or ticketed service. Where such a cancellation takes place,
the College will notify you in writing by email of that cancellation and will either offer you an
alternative event or ticketed service, or an alternative date and/or time for the event or ticketed
service originally Ordered, or will refund you the amount paid in respect of the relevant Order.
10.2. 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, exhibition, performance or venue, including but not limited to any travel
costs.
11.
OUR WARRANTIES
11.1.
We warrant that all goods and ticketed services will (subject to clause 5) conform to the descriptions
set out on this site or in other College information, publications or materials and that:
11.1.1. the goods will be of satisfactory quality and be reasonably fit for all the purposes for which
goods of that kind are commonly supplied; and
11.1.2. the events and ticketed services will be conducted and/or carried out or provided with
reasonable skill and care.
11.2.
All other warranties are, to the fullest extent permitted by law, excluded from any Contract made
under these terms of sale.
11.3.
We will not be liable for or in connection with any defect or deterioration in goods caused by or
arising from:
11.3.1. fair wear and tear;
11.3.2. damage to the goods caused by you or any third party (other than third parties under our
control), whether deliberately or by accident;
11.3.3. use of the goods other than in the manner instructed or recommended by us or the
manufacturer;
11.3.4. any alteration or repair made to the goods without our prior written approval.
12.
YOUR WARRANTIES
12.1.
By placing an Order using the site, you warrant that:
12.1.1.
you are legally capable of entering into binding contract;
12.1.2.
you are at least 18 years old; and
12.1.3.
any personal information you provide to us will be complete and accurate.
13.
THIRD PARTY SALES
13.1.
Please note that in some cases the College accepts Orders as agents on behalf of third party sellers. In
these cases, Contract will be between you and the third party and will be subject to the terms and
conditions of that third party seller (and not these terms of sale), which they will advise you of
themselves.
13.2. The College may provide links on the site to the websites of other companies, whether affiliated with
the College or not. The College cannot give any guarantee as to the quality or suitability of any
products or services you purchase from third party sellers through the site, or from companies to
whose website we have provided a link through the site, and we accept no liability for any defect in
any such products or services.
14.
LIABILITY
14.1.
Where we have been negligent and/or breached a contractual obligation to you, we will be liable for
any loss or damage you suffer as a result, as long as the loss and/or damage is foreseeable. Loss or
damage is foreseeable if it is an obvious consequence of our negligence or breach of contract, or
would have been considered by you and us to be a likely consequence of it at the time we entered into
the Contract.
14.2. We do not accept any liability for the following types of loss, whether caused by breach of contract,
tort (including negligence) or otherwise, even if the loss is foreseeable:
14.2.1. loss of income or revenue;
14.2.2. loss of business;
14.2.3. loss of profits;
14.2.4. loss of anticipated savings;
14.2.5. loss of data; or
14.2.6. waste of management or office time.
14.3.
We do not exclude or limit our liability for death or personal injury arising from our negligence,
for fraud or fraudulent misrepresentation, or for any other liability which cannot be excluded or
limited under applicable law.
15.
15.1.
IMPORT DUTY
If you Order goods from the site 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 paying any such import duties and taxes. Please note that the College has no
control over these charges and cannot predict their amount.
15.2.
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.
16.
PRIVACY POLICY
The College will process information about you in accordance with its privacy policy, a copy of which
is available at www.newham.ac.uk by using the site, you consent to such processing and warrant that
all data provided by you is accurate.
17.
EVENTS BEYOND OUR CONTROL
17.1.
We will not be liable for any breach of our obligations in any circumstances where our failure to
perform our obligations is caused in whole or in part by your failure to perform any of your
obligations under these terms of sale, including but not limited to any failure or delay in making
payment or accepting delivery.
17.2. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our
obligations under these terms of sale that is caused by events outside our reasonable control, such as
strikes, lock-outs or other industrial action;
terrorist attack or threat of terrorist attack, war
(whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake,
subsidence, epidemic or other natural disaster or impossibility of the use of public or private
transport. We will notify you as soon as we can, if any such event arises, and our obligations under
these terms of sale will be suspended for the period that the event continues. We will take reasonable
steps to bring any such event to a close or to find a means of performing our obligations despite the
occurrence of the relevant event.
18.
NOTICES AND COMMUNICATION
18.1.
All communications and notices from you must be sent to the College by email at
internetpayments@newham.ac.uk.
18.2. 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 site, 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.
19.
VARIATION
19.1.
Your Contract will be made on the terms of sale in force at the time that you place your Order,
subject to the following provisions of this paragraph 19.
19.2. Occasionally we may be required to change these terms of sale by law or governmental authority. In
such cases the amended terms of sale will apply to Orders previously placed by you but not yet
fulfilled.
19.3. We also reserve the right to revise and amend these terms of sale 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.
Where we notify you the change to these terms of sale before sending you the Dispatch or Purchase
Confirmation, we will assume that you have accepted the change to the terms of sale unless you
notify us to the contrary within seven working days of receipt by you of the relevant Dispatch or
Purchase Confirmation.
19.4. If you are a consumer, you have the right to cancel any Order without charge if we change our terms
of sale and the change is likely to be materially detrimental to you. You must exercise this right
within 30 days of being advised of the relevant change to our terms.
20.
THIRD PARTY RIGHTS
No person other than a party to a Contract under these terms of sale will be entitled to enforce any
provision under these terms of sale.
21.
GENERAL
21.1.
If we fail at any time to insist that you perform any of your obligations under these terms of sale, or if
we do not exercise any of our rights or remedies under these terms of sale, that will not mean that we
have waived such rights or remedies and will not mean that you do not have to comply with those
obligations. If we do waive a default by you, this does not mean that we will automatically waive any
subsequent default by you. No waiver by us of any of these terms of sale will be effective unless we
expressly say that it is a waiver and we tell you so in writing.
21.2. If any of these terms of sale 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.
21.3. These terms of sale will be governed by and construed in accordance with the laws of England. You
and we each agree that the English courts will have non-exclusive jurisdiction over any claim or
dispute arising from, or related to, the ordering and/or supply of goods, services or events via the
site.