Terms & Conditions
Terms & Conditions
Welcome to the Middlesex University Student Union website shop (“the Shop”). The MDXSU web shop is provided to MDXSU by Initial Incentives Ltd. The following terms and conditions will apply when you access our Shop and use our on-line ordering service. Before proceeding to use our Shop or placing an order, we ask that you read these terms and conditions carefully. You will also find that they contain some useful advice on how to use our on-line ordering service. If you find yourself unable to agree to these terms and conditions, then you must not use either this Shop or our ordering service and we ask that you do not proceed to purchase any of our products.
Initial Incentives Limited trading (“we”) is the owner and operator of the Shop. We are a company registered in the United Kingdom (company no. 02183201; VAT no. GB544 5721 41) and our Registered Office is at 729 Capability Green Business Park, New Airport Way, Luton, LU1 3LU.
USING THE SHOP
- You agree not to post or transfer to the Shop (nor include in any message) any material which is obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of our or any other parties’ computer system. You agree to indemnify us in respect of any liabilities, losses, expenses, or other costs whatsoever incurred as a result of a breach of your obligation under this condition 3(2), including, but not limited to, any claims made against us by any third party.
- In consideration of agreeing to your use of the Shop, you acknowledge that the ownership in any intellectual property rights (including, for the avoidance of doubt, copyright, database rights and trade marks) in the Shop belongs to us and/or the manufacturers of goods featured. Accordingly, no part of the Shop (or its source code) may be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilising the Shop meaning that you may only display it on your computer screen and print it out on your printer for the sole purpose of viewing its content and placing orders.
- You may not link the Shop to any other website without our express authority in writing. Furthermore, we do not make any warranties, representations or undertakings about the content of any other website which may be referred to or accessed by hypertext link with the Shop, and we do not endorse or approve the content of such third party websites.
- Please be aware that to the extent permitted by law, and except as expressly provided for elsewhere in these terms and conditions, we do not accept liability in respect of the Shop, your use of it or our on-line ordering service.
- We reserve the right to refuse access to the Shop, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
PURCHASING GOODS AND THE ON-LINE ORDERING SYSTEM
- You are solely responsible for restricting access to your computer to prevent unauthorised purchases on your account.
- You agree to accept responsibility for all activities that occur under your account.
- You should inform us immediately if you have any reason to believe that your account details are being, or are likely to be, used in an unauthorised manner.
- Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering.
- In order to conclude a legally binding contract with us you must first agree unconditionally to these terms and conditions before completing and submitting our online Order Form by clicking on the “Confirm” button which appears at the end of the form. Your order represents an offer to us to purchase a product or products which will be acknowledged as received by us in a confirmatory electronic mail (“your Order Confirmation”).
- For the avoidance of doubt, your Order Confirmation is for your convenience only and does not constitute an acceptance of your order. Please note that whilst we guarantee to send an Order Confirmation of every valid order we receive from you, you will understand that we cannot equally guarantee that the Order Confirmation we send will be received by you, nor that, if it is received by you, it is legible and uncorrupted.
- We reserve the right not to process your order for any reason and accordingly, we will notify you as soon as reasonably possible by electronic mail if this is the case.
- These terms and conditions shall override any contrary terms or conditions published by us or appearing on the Shop in relation to any order placed by you with us. However, these terms shall be deemed to incorporate (and you agree to be bound by) any additional terms and conditions which may apply to offers and promotions appearing on the Shop from time to time.
- We reserve the right to change our terms and conditions from time to time at our sole discretion without liability to you. The latest terms and conditions will be made available on the Shop.
Description and availability
- Every effort will be made to ensure that the goods you receive match the description and images (if any) set out on this Shop as far as reasonably possible. However, you acknowledge that some variation may occur and we reserve the right to substitute goods within your order with goods of an equivalent nature. If you do not wish to accept the substituted goods then you must return them to us within 7 days of their receipt.
- The listing of a product on the Shop is not an indicator of its availability. As we process your order, we will inform you by e-mail if any products you order turn out to be unavailable.
- Products advertised on the Shop will be priced in pounds sterling as the primary currency with other currencies offered at set currency conversion rates.
- Unless otherwise stated all prices of goods advertised in pounds sterling on this Shop are exclusive of VAT. You may view your total charge (including VAT and delivery) at the shopping basket page.
- Despite our careful attention to pricing, an item could be priced incorrectly. If an item's correct price is lower than our quoted price, we will charge the lower (correct) amount and deliver the item to you. If an item's correct price is higher than our quoted price, we shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. However, we might at our discretion decide to honour the lower (incorrect) price and send the item in order not to cause you inconvenience.
- In an effort to provide our customers with the most current information, price and availability information is subject to change without notice.
- Ownership/Risk The risk of damage to or loss of goods supplied by us will pass to you when the goods are dispatched from our premises. We will not despatch goods to you until we are in receipt of payment in full (including VAT) in cleared funds and ownership in the goods remains with us until that point.
- Unless otherwise agreed, orders are dispatched by standard courier – whether that be domestic (UK) or International, although we reserve the right to use an equivalent or better service operated by Royal Mail or another carrier.
- We will dispatch your order within normal working hours (9am to 5pm) within seven business days (i.e. excludes weekends and bank holidays) from receipt of your order provided it is received by us before 5pm on a business day. If your order is received on a weekend or bank holiday or after 5pm it will be deemed to be received by us on the following business day.
- If for any reason we cannot dispatch your order within our time period you may at your option cancel your order and we will provide you with a full refund.
- Delivery times are dependent on the carrier and our liability for non-delivery shall be limited to replacing the contracted goods within a reasonable time or issuing a credit note against any invoice raised for such goods.
- Please check your items for any loss or damage before signing for your goods. If a fault has been found then please let the Courier know and contact customer services immediately. If you fail to do this, then we will not be held liable.
Warranties and liability
- This shop is provided by on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, as to the operation of this shop or the information, content, materials, or products for sale on this shop, you expressly agree that your use of this shop is at your own risk.
- To the full extent permitted by the applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, satisfactory quality and fitness for a particular purpose. We do not warrant that this shop, its servers, or e-mails which may be sent from us a free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of this shop or the on-line ordering system, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
- Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. If you are dealing as a consumer, your statutory consumer rights are unaffected.
- Our entire liability under or in connection with this agreement, your order, the goods supplied or otherwise shall not exceed the value of your total payments to us.
- Nothing in this agreement shall serve to exclude or limit our liability in respect of death or personal injury caused by our negligence.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
We reserve the right to terminate this agreement immediately on notice to you in the event that you are deemed to be in material breach of any term of this agreement.
We aim to provide you with a quality service. If, however, you feel that you have cause to complain, you can contact us either by e-mail to email@example.com or by writing to the address given above. We will try to do our best to solve any problems that arise.
Events beyond our control
We do not take responsibility for any event which is outside our reasonable control nor for any losses arising directly or indirectly from such an event.
This agreement supersedes any prior agreements or arrangements which may have subsisted between us, provided the information you have given to us is not incorrect or fraudulent.
Interpretation in this agreement
- reference to any statute or statutory provision includes a reference to that statute or statutory provision as from time to time amended, extended or re-enacted;
- words importing the singular include the plural, words importing any gender include every gender and words importing persons include bodies corporate and unincorporate; and (in each case) vice versa;
- any reference to a party to this agreement includes a reference to his successors in title and permitted assigns;
- the headings to the Clauses are for ease of reference only and shall not affect the interpretation or construction of this agreement.
Notwithstanding that the whole or any part of any provision of this agreement may prove to be illegal or unenforceable the other provisions of this agreement and the remainder of the provision in question shall remain in full force and effect.
The parties confirm their intent not to confer any rights on any third parties by virtue of this agreement and accordingly the Contracts (Rights of Third parties) Act 1999 shall not apply to this agreement.
Communications and notices
When you visit the Shop or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the Shop. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Law Use of this Shop and any contract for the sale of goods entered into by you with us is subject to the laws of England and Wales. Where permitted by the law governing your jurisdiction, you agree to submit to the exclusive jurisdiction of the English Courts.