In these Terms and Conditions, the following words shall have the meaning set out below:-
"Contract" means the contract between you and Us formed as set out in Clause 4 (Purchase of Goods on Website), or Clause 5 (Purchase of Goods by telephone) (as applicable), subject always to the proviso in Clause 3.4 that a Contract shall not be formed until we dispatch the Goods you have ordered to you;
"Goods" means goods including, but not limited to, books and CDs, crystal/glassware, clothing, crested gifts, cards, associated items and general merchandise made available for sale by Us;
"Order" means a contractual offer by you to make a Purchase either by submitting the Order via the Website or by submitting an Order by telephone;
“Order Cancellation Email” means the email sent to you to confirm cancellation of your Order as defined in Clause 4.1.7;
"Order Confirmation Email" means the email sent to you to confirm receipt of your Order as defined in Clause 4.1.5;
"Order Confirmation Letter" means the letter sent to you to confirm receipt of your Order as defined in Clause 5.2;
"Personal Information" means information about you or a third party provided by you when submitting an Order or when using the Website;
"Price" has the meaning given in Clause 7;
"Purchase" means the acceptance by Us of an Order for the purchase of Goods placed either via the Website or by telephone;“Shopify” means the e-commerce website platform which powers Our Shop website;
“Shipping Confirmation Email” means the email sent to you in terms of Clause 4.1.6, 4.1.7, 5.2 or 5.3 to confirm that We have shipped your Order or part of your Order, and that your Order has been accepted and a Contract has been formed;
"Special Offer" means an offer or promotion advertised by Us;
"We", "Us" or "Our" means The Royal College of Surgeons of Edinburgh, a registered charity with charity number SC005317 and a Royal Charter company with company number RC000466, having its registered office at Nicolson Street, Edinburgh, EH8 9DW, United Kingdom
"Website" means the websites located at www.shop.rcsed.ac.uk or any subsequent URL which may replace them.
You are provided with access to the Website in accordance with our Terms and Conditions.
3 GENERAL CONDITIONS OF MAKING A PURCHASE
3.1 These Terms and Conditions shall apply to all Orders and Purchases.
3.2 By making an Order or Purchase you are hereby accepting these Terms and Conditions.
3.3 The advertisement of Goods on the Website or in our publications constitutes an "invitation to treat" and your Order constitutes a contractual offer.
3.4 Nothing that We do or say will constitute an acceptance of your Order until We dispatch the Goods that you have ordered to you, at which stage your Order in relation to that item will be accepted and a Contract will be formed.
3.5 Goods are supplied for domestic use only and we exclude to the fullest extent permitted by law any warranties and conditions regarding fitness for a particular purpose where you use the Goods for other than domestic use. Goods are not supplied for resale purposes. We reserve the right to refuse Orders that We consider are have been placed for commercial/non-domestic purposes or where We consider that the Goods are being purchased for resale/transmission to a third party. For stock level purposes, We may limit your Order to a maximum number of Goods.
3.6 We will not file a copy of these Terms and Conditions specifically in relation to your Purchase. We may update the version of these Terms and Conditions on the Website from time to time, and We do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these Terms and Conditions for your records.
3.7 The only language in which We provide these Terms and Conditions is English.
4 MAKING A PURCHASE OF GOODS ON OUR WEBSITE
4.1 To make a Purchase on our Website, you need to take the following steps:
4.1.1 Click on the Goods you wish to buy;
4.1.2 Input the quantity of the Goods selected that you wish to buy, then click "Add to Shopping Basket";
4.1.3 Once you have finished shopping, click on "Checkout", review your Order, make changes to your Order (if necessary), complete the delivery and payment details, indicate your preferred delivery method, then click on "Confirm Payment";
4.1.4 You will then be transferred to Shopify’s secure third party payment gateway Authorize.Net to process your payment details, at which point you will be subject to the terms and conditions of Our third party payment gateway provider. No changes to your Order will be possible once your payment has been processed, although you can cancel your Order as set out in these Terms and Conditions.
4.1.5 We will then send you an Order Confirmation Email to confirm we have received your Order.
4.1.6 Where We are able to meet your Order and payment has been successful, We will deliver the Goods in accordance with Clause 11. We will send you a Shipping Confirmation Email once We have posted your Goods to you, and a Contract will be formed for the purchase of the Goods at the time that the Goods are dispatched to you. Where Goods are dispatched separately, Our acceptance of your Order in respect of each item takes place when that item is dispatched.
4.1.7 Where We are unable to process your Order in accordance with Clause 11.1 due to the requested Goods being out of stock or unavailable, We will advise you by email that We are unable to meet your Order. We will aim to advise you when We expect the requested Goods to be in stock/available and you will be given the opportunity to proceed with the Order or to cancel the Order. If you wish to cancel the Order, We will send you an Order Cancellation Email which will decline your Order and prevent the formation of a Contract between us. If you want to proceed with the Order notwithstanding that there will be a delay in delivery of the Goods due to them being out of stock or unavailable, We will deliver the Goods in accordance with Clause 11 and We will send you a Shipping Confirmation Email once We have posted your Goods to you.
5 MAKING A PURCHASE BY TELEPHONE
5.1 To submit an Order and make a Purchase by telephone please call +44 (0)131 527 1698 (Standard Geographical Rates apply). You will be asked what you would like to purchase and to provide your name, address, email address and payment details. Telephone lines are open from 9.00am-5.00pm Monday-Friday (UK time) although these opening times may be varied from time to time at Our discretion.
5.2 Where We are able to meet your Order and payment has been successful, We will deliver the Goods in accordance with Clause 11. We will send you a Shipping Confirmation Email (where possible) once We have posted your Goods to you. If We do not have your email address, We will include written confirmation of your Purchase ("Order Confirmation Letter") when delivering the Purchase in accordance with Clause 11.
5.3 Where We are unable to process your Order in accordance with Clause 11.1 due to the requested Goods being out of stock or unavailable, We will advise you orally that We are unable to meet your Order. We will aim to advise you when We expect the requested Goods to be in stock/available and you will be given the opportunity to proceed with the Order or to cancel the Order. If you wish to cancel the Order, We will send you an Order Cancellation Email (where possible) which will decline your Order and prevent the formation of a Contract between you and Us. If you want to proceed with the Order notwithstanding that there will be a delay in delivery of the Goods due to them being out of stock or unavailable, We will deliver the Goods in accordance with Clause 11 and We will send you a Shipping Confirmation Email (where possible) once We have posted your Goods to you. If We do not have your email address, We will send you an Order Confirmation Letter when delivering the Purchase.
5.4 A Contract will be formed for the purchase of the Goods under Clause 5.2 or 5.3 (as applicable) at the time that the Goods are dispatched to you. Where Goods are dispatched separately, our acceptance of your Order in respect of each item takes place when that item is dispatched.
6 AGE OF CONSENT
6.1 Where Goods may only be purchased by persons of a certain age, you will be asked when placing an Order to declare that you are of the appropriate legal age to purchase the Goods. By submitting an Order, you are confirming to Us that you are of an appropriate legal age to purchase the Goods requested.
6.2 If We discover or are of the opinion (as to which We shall have sole discretion) that you are not legally entitled to order certain Goods, We shall be entitled to cancel the Order immediately, without notice.
7 PRICE AND PAYMENT
7.1 The price of the Goods shall be that stipulated on the Website or as otherwise advised by Us to you via an advertisement or when placing an Order by telephone, or as notified by Us to you in accordance with Clause 7.2. The price is quoted in pounds Sterling and is inclusive of VAT ("Price").
7.2 The Website contains a large number of Goods and it is always possible that some of the Prices on the Website and/or on Our advertisements may be incorrect. If We have mis-priced any Goods, We will not be liable to supply the Goods to you at the stated price, provided that We notify you of the change prior to dispatching the Goods to you. In those circumstances, We will advise you of the correct price so that you can opt whether to order the Goods at that price or whether to cancel your Order, and if we are unable to contact you then We will treat the Order as having been cancelled.
7.3 When making a Purchase of Goods, you will have to pay a delivery charge in addition to the Price. We will inform you of this during the ordering process and before the Contract between you and Us is concluded.
7.4 Payment must be made prior to your Order being accepted and a Contract being formed.
7.5 When making a Purchase via our Website or by telephone, payment must be made in Sterling either by credit or debit card. Debit card payments can be accepted from UK bank accounts only. All card transactions are processed through a secure payment gateway. All credit/debit card Purchases are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not for any reason authorise payment to Us for a particular Order, We will not complete your Order.
9 OUR RIGHTS
9.1 We reserve the right to withdraw any Goods from the Website at any time.
9.2 We shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to accept an Order.
9.3 We have a right to revise and amend these Terms and Conditions (including Price) without notice; however, any changes will not affect Contracts which have already been concluded in accordance with Clause 3.4 and Clauses 4 or 5.
10.1 We cannot describe every detail of the Goods on the Website and each description is therefore abbreviated. We endeavour to ensure that descriptions are correct at the time of their input. Please note that the colours and appearance of Goods may vary from how they appear on screen, and, in particular, we are not responsible for ensuring that your monitor will accurately display the colour of the Goods. Any measurements and sizes are approximate, although we endeavour to ensure that they are as accurate as possible.
10.2 We expressly exclude warranties, conditions, or terms whether implied by Statute, common law or otherwise to the fullest extent permitted by law. Any recommendation or suggestion relating to any of the Goods made by us is given in good faith, but it is for you to satisfy yourself as to the suitability of the Goods for your purposes.
10.3 You warrant and undertake to Us that: (a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these Terms and Conditions; (b) the information provided in your Order is accurate and complete; and (c) you will be able to accept delivery of the Goods.
11.1 Unless We agree otherwise with you, Goods supplied within or outwith the UK will be delivered within 30 days of conclusion of the Contract.
11.2 We shall use our reasonable endeavours to meet any date agreed for delivery. Notwithstanding the foregoing, We shall not be liable for any losses, costs, damages or expenses incurred by you or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
11.3 Delivery of the Goods shall be made to the delivery address specified in the Order and you shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
11.4 We shall not be responsible for goods lost or damaged in transit.
11.5 Our courier will make all reasonable efforts to deliver the Goods to you, but where delivery of the Goods requires arrangements to be made to take delivery of the Goods and you do not make such arrangements or the courier is unable to contact you for this purpose, your Purchase will be cancelled and payment refunded.
11.6 Where We are unable to deliver because the size of the Goods requires someone to be present at your address for delivery and you or your representative are not present for a scheduled delivery time, we reserve the right to charge you for re-delivery, storage, or both.
11.7 Where the size of the Goods requires someone to be present at your address for delivery and you are not present, your placement of an Order authorises Us to accept the signature of another person present at your address and deliver the Goods to them on your behalf or to leave the Goods in a safe place or with a neighbour.
11.8 We deliver within the United Kingdom; Northern Ireland; the Channel Islands; the Isle of Man; Orkney, Shetland and Scottish Islands; BFPO addresses; and delivery addresses overseas.
12 TITLE AND RISK
12.1 The Goods will be at your risk from the time of dispatch.
12.2 Ownership of the Goods will only pass to you upon the later of: (a) delivery of the Goods; and (b) receipt by Us of full payment of all sums due in respect of the Goods (including delivery charges). Delivery of the Goods to you will include leaving the item in a safe place or with a neighbour, or delivering them to your representative.
12.3 We will be entitled to recover payment for the Goods where the Goods have been delivered to you even where ownership has not passed to you.
13 CANCELLATION AND RETURNS
13.1 This Clause does not apply to any CDs which are supplied sealed to you if the CD has been unsealed, unless you are returning the Goods because they are defective or in any other circumstances you are entitled to reject the Goods under law.
13.2 Subject to Clause 13.4, you may cancel a Contract for Goods, without cause, and receive a full refund of the Price and any delivery charge paid by you in accordance with Clause 7.3, provided You notify Us in writing by post, fax, or email of said cancellation within a period of 7 working days commencing the day after you receive the Goods. In the case where Goods have been delivered to a third party on your behalf, the cancellation period shall apply as if you received the Goods on the day that they were received by the third party. All cancellation notices should be directed to the contact details set out in Clause 23.
13.3 In the event that you serve a valid notice of cancellation in accordance with Clause 13.2, We shall provide you with a full refund of the Price plus delivery charges (if appropriate) within 30 days of receipt of notification of cancellation. It is your responsibility to return any Goods to us within twenty-one (21) days of cancellation. Returned Goods must clearly show the order number obtained from Us on the package and sent to the address noted below in Clause 23. You will be responsible for the costs in returning the Goods to Us and, should you fail to return the Goods to Us within the timeframe or should you return the Goods to Us at Our expense, We are entitled to deduct from the money we are obliged to refund you, an amount not exceeding the direct costs of recovering the Goods from you, unless you are returning the Goods because they are defective or in any other circumstances where you are entitled to reject the Goods under law. On cancellation, the Goods shall remain at your risk until returned to Us and you are required to retain possession of and take reasonable care of the Goods until they are returned to Us. Where returned Goods are found to be damaged due to your acts or omissions, you will be liable for the cost of remedying such damage or the replacement cost of the relevant Goods.
14 LIMITATION OF LIABILITY
14.1 If We breach these Terms and Conditions, we shall be liable to you only for losses which are reasonably foreseeable consequences to both of us at the time you placed your Order, and shall be subject to the terms of this Clause and these Terms and Conditions. We shall not be liable to you for any indirect or consequential losses whatsoever or howsoever arising including (but not limited to) loss of anticipated savings, wasted expenditure, loss of privacy or data, business interruption and any business losses.
14.2 The Website is provided by Us on an “as is” basis without any warranties or guarantees of any kind, express or implied. In particular, but without limitation, We shall not be liable to you for any incompatibility of the Website with your equipment, software, or internet connection, nor for any technical difficulties which may arise, including errors with the Website or interruptions in the availability of the Website or lack of suitability of the Website, and no warranties are given as to merchantability or fitness for a particular purpose.
14.3 Subject to Clause 14.4, our entire and aggregate liability to you shall in no circumstances exceed the Price of the Purchase giving rise to the claim.
14.4 Nothing in these Terms and Conditions shall exclude or limit your or Our liability for death or personal injury caused by negligence or breach of statutory duty.
15.1 No failures to exercise and/or delay by Us (whether express or implied) in enforcing any of Our rights under this Contract shall operate as a waiver thereof.
15.2 A temporary waiver by Us of any breach of the Terms and Conditions shall not prevent the subsequent enforcement of Our Rights and shall not be deemed to be a waiver of any subsequent breach of that or any other provision of these Terms and Conditions.
16 INDEMNITY AND INTELLECTUAL PROPERTY
16.1 You may not use the Website for transmitting material that is or which encourages conduct which constitutes a criminal offence, results in a civil liability, or otherwise breaches any laws, regulations, or codes of practice. You agree to indemnify and keep Us indemnified against all liabilities, claims and expenses that may arise out of the content you submit, post or transmit via the Website, or from the use or misuse of the Website or the violation (in whole or in part) of any of the Terms and Conditions by you or by any person for whom you are responsible. You agree that your dealings (if any) with any third party suppliers identified or found on or through the Website are solely between you and the third party and you agree not to hold Us liable for any disputes you may have with the third party supplier.
16.2 The content of the Website is protected by copyright, trade marks and other intellectual property rights. You may store, retrieve and display the content of the Website on a monitor, store it in electronic form (other than on a server or other storage device connected to a network) or print copies for your own personal, non-commercial use, but must keep intact all and any copyright or proprietary notices. Subject to that, you may not reproduce, copy or distribute, use for commercial purposes, or modify any of the content of the Website without Our prior written consent.
17 ENTIRE AGREEMENT
These Terms and Conditions and any other document referred to herein constitute the entire and only agreement between the parties in relation to its subject matter and replaces and extinguishes all prior or simultaneous agreements, undertakings, arrangements, understanding or statements of any nature made by the parties or any of them whether oral or written (and, if written, whether or not in draft form) with respect to such subject matter.
18 FORCE MAJEURE
We shall not be liable for any delay or failure to perform any of Our obligations if the delay or failure results from events or circumstances outside Our reasonable control, including but not limited to acts of God, lock outs, accidents, war, fire, terrorism, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, telecommunications failure, epidemic, perils of the sea or air, flood, drought, explosion, sabotage, accident, embargo, riot, civil commotion or civil authority, including acts of local government and parliamentary authority; disputes of whatever nature and for whatever cause arising including (but without prejudice to the generality of the foregoing) work to rule, overtime bar, strikes and walkouts. We shall endeavour to notify you as soon as possible should any such events or circumstances occur.
You are not allowed to assign, novate, delegate or sub-contract any of your rights and obligations under these Terms and Conditions. We may assign, novate, delegate or sub-contract any of our rights and obligations under these Terms and Conditions at Our discretion.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed to the minimum extent necessary and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
21 YOUR LEGAL RIGHTS
Nothing in these Terms and Conditions affect your rights at law (including your right to receive a refund in respect of any defective Goods We sell to you).
22 OTHER LEGAL RIGHTS
For more information about your other statutory rights, please visit the Department of Trade and Industry's Consumer Gateway Website at: http://www.consumerdirect.gov.uk/before_you_buy/online-shopping
23 CUSTOMER SERVICE
In the event of a query or complaint about the Website or Us, please email email@example.com or contact Us at the addresses noted below.
Address for Orders
General Correspondence & Returns Address
The Royal College of Surgeons of Edinburgh is registered in Scotland for VAT.
The VAT number is 859 9471 54.
24 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of Scotland and the parties hereby submit to the exclusive jurisdiction of the Scottish courts.
I understand and accept these Terms and Conditions.