Terms and conditions
The University of York Clothing and Gifts Store (‘the Store’) is operated and managed by York Commercial Ltd (‘YCL’). YCL is a wholly owned subsidiary of the University of York (‘University) whose Registered Number is 023838054 and its registered address is Heslington, York YO10 5DD.
Any contract arising out of the use of the Store will be between YCL and you.
By using the Store you agree to be bound by these Standard Terms and Conditions.
1. Standard Terms and Conditions
These Terms and Conditions shall apply to all purchases from the Store both in person and online.
YCL may change these Terms and Conditions from time to time without notice. Changes will apply to any subsequent transactions with YCL. You will be bound by the new Terms and Conditions. You are advised that you should read the Terms and Conditions each time an online Store is used and immediately prior to placing any orders.
Nothing in these Terms and Conditions excludes or limits the liability of YCL for death or personal injury or damage or property caused by YCL’s negligence, or for fraudulent misrepresentation. Subject to the preceding sentence, Condition 9 constitutes the entire financial liability of YCL (including any liability for the acts or omissions of its employees, agents and subcontractors) to you in respect of: (i) any breach of these Terms and Conditions; and (ii) any representation, statement or negligent act or omission, including negligence arising under or in connection with the Contract.
Nothing in these Terms and Conditions shall give you any right or other licence to use, copy or otherwise use or exploit in any way any intellectual property contained in any Goods provided to you in accordance with these Terms and Conditions, unless expressly agreed prior to the acceptance of an order.
The acknowledgement of the order and these Terms and Conditions together constitute the entire agreement between the parties relating to the Contract.
Each right or remedy of YCL under the Contract is without prejudice to any other right or remedy of YCL whether under the Contract or not.
2. Online Payments
Please read these Terms and Conditions carefully before using the online payment facility. Using the online payment facility on this website indicates that you accept these Terms and Conditions. If you do not accept these Terms and Conditions please do not use this facility. All payments are subject to the following conditions.
Your payment will normally reach the University Bank Account into which payments will be made the following working day. (Whilst the Store is operated and managed by YCL all financial transactions are performed through the University Bank Account.).
YCL cannot accept liability for any payment not reaching the correct University Bank account due to your errors.
Neither can YCL accept liability if payment is refused or declined by the Debit/Credit Card provider for any reason.
If the card provider declines payment, YCL is under no obligation to bring this fact to your attention. You should check with your Bank/Debit/Credit Card provider that payment has been deducted from your account.
The data that you provide for your account and during any transaction is securely held by YCL and the University under the terms of the Data Protection Act 1998 and will only be used for the purpose of recording your payment, your request for Goods, registration, communications regarding the Goods, to directly provide the information you have requested and to enable the University’s e-commerce provider to process and manage your payment, for security, administrative and legal purposes, to update and enhance the shopping experience provided, to evaluate the performance of our marketing activities and for marketing purposes. In such cases where YCL asks you for personal information, it will be kept secure and confidential. Any personal information will only be used in accordance with current Data Protection legislation. Our e-commerce provider will retain some personal information so that we can access payment records in the event of queries or incomplete payment information. Any credit or debit card details given by you will not be retained in their entirety. Information will only be retained for a reasonable period and then destroyed securely.
Refunds, if applicable, will only be made to the Debit/Credit Card used for the original transaction.
Under no circumstances will YCL be liable for any damages whatsoever arising out of the use, inability to use, or the results of use of this site, any websites linked to this website, or the materials or information contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages.
YCL’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise arising in connection with the performance or contemplated performance of the Contract will be limited to the price of the Goods; and
YCL will not be liable to the Buyer for loss of profit, loss of data, loss of business or depletion of goodwill nor for any indirect or consequential liability, loss or damage which arises out of or in connection with the Contract.
3. University Merchandise
Images
Images displayed are for guidance purposes only and may not portray an accurate copy of the final product.
Availability
All products are subject to availability, in the event that a product ordered is unavailable in the specified colour or size, you will be contacted for further advice regarding the transaction. If a suitable alternative cannot be arranged, a full refund will be provided.
Errors in Pricing
We are under no obligation to fulfil your order, particularly if there is an error in the system that causes the wrong prices to be displayed. In such an event we will contact you for further advice regarding the transaction. If it is agreed that the transaction is cancelled a full refund will be provided.
4. Faulty/Damaged/Incorrectly Supplied Items
We will replace or provide a refund, including where applicable, for any faulty/damaged/incorrectly supplied goods.
You should reject the goods within 30 days of purchase or receiving the goods.
You may return such items personally or by post.
For in store purchases where a refund is to be provided the refund will be issued against the original payment method.
Where returns are being made by post the Returns Section of the Job Ticket that will be included within the delivery package should be completed and included within your return package. You should use the prepaid postage label that is included within your delivery package.
5. Returns & Exchanges Policy
In Store Purchases
YCL is happy to exchange or provide a refund any item returned in a saleable condition, in its original packaging with a proof of purchase within 30 days. A refund will be issued against the original payment method, to the value of the item printed on the proof of purchase which will normally be the till receipt.
For Debit/Credit Card refunds, the card and the cardholder must be present. If you have no proof of purchase we are happy to offer an exchange at the last till price. Any personalised items are excluded from the exchange and refund policy.
Any clearance or sale items are excluded from the exchange and refund policy.
Online Purchases
YCL will offer you a refund if you return the goods within 30 days of the date that you received the goods.
YCL is happy to exchange or provide a refund for any item returned in a saleable condition, in its original packaging within 30 days of you receiving the goods. A refund will be issued against the original payment method, to the value of the item printed on the Job Ticket. Where returns are being made by post the Returns Section of the Job Ticket that will be included within the delivery package should be completed and included within your return package. UK returns should use the prepaid postage label that is included within your delivery package. You should obtain ‘proof of posting’.
If you want a different item and the item you want is sold under a different product code, or the item you want is a different price to the price at which you bought the original product, then you'll need to return the unwanted item for a refund and place a new order.
You will be responsible for any delivery charges that will apply with respect to the replacement item.
YCL will inspect all items that are returned and will contact you in the event that there is a problem with the return.
YCL will not be responsible for any items that are returned in error and will contact you if such an event takes place.
You should note that if the item was part of a multi-buy promotion (like ‘buy one, get one free’) you must return all items that form part of the promotion to obtain a full refund.
International
You should use a postal service that insures you for the value of the items you are returning and also obtain proof of posting. The prepaid postage label does not apply to international returns, which you are responsible for the cost of returning.
The Contract will be governed by and construed in accordance with English Law. The English Courts will have exclusive jurisdiction to deal with any dispute which may arise out of or in connection with the Contract.