Terms and Conditions
This page (together with any documents referred to on it) sets out the terms and conditions (“Conditions”) on which we supply any of the goods (“Goods”) listed on our website http://www.ouw.co.uk (“Our Site”) to you (the “Contract”). Please read these Conditions carefully before ordering any Goods from Our Site. You should understand that by ordering any of our Goods, you agree to be bound by these Conditions.
Separate terms and conditions apply to orders made by telephone, fax or in writing. Also, Our Site is not intended to be suitable for trade enquiries or orders, such as those from bookshops and distributors. Please contact us separately for all such trade enquiries and appropriate terms and conditions will be supplied.
Please read these Conditions carefully and if any of these are unclear ask us for an explanation.
1: INFORMATION ABOUT US
1.1: www.ouw.co.uk is a site operated by Open University Worldwide Ltd. We are registered in England and Wales under company number 01260275 and our registered office is at Walton Hall, Milton Keynes, United Kingdom. We are a wholly owned subsidiary of The Open University of the United Kingdom. Our VAT number is GB 650 7489 18.
2: YOUR STATUS
2.1: By placing an order through Our Site, you warrant that:
2.1.1: you are legally capable of entering into binding contracts;
2.1.2: you are at least 18 years old;
2.1.3: you are purchasing Goods as a natural person not acting in the course of business (“Consumer”);
2.1.4: you are resident in the United Kingdom; and
2.1.5: you are accessing Our Site from the United Kingdom.
3: APPLICATION OF TERMS
3.1: These Conditions apply to the provision of Goods to the exclusion of all other terms and conditions and shall prevail over all inconsistent terms including any that you seek to apply to the Contract under any purchase order, specification or other document and you waive any right which you otherwise might have to rely on such terms and conditions.
4: CONTRACT FORMATION
4.1: After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Each order for Goods placed by you with us shall be deemed to be an offer made by you to us to purchase Goods subject to these Conditions. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail or other written notification that confirms that Goods have been despatched (the “Acceptance Confirmation”) together with an invoice which confirms that we have charged your debit or credit card. The Contract will only be formed when we send you the Acceptance Confirmation or when we despatch the Goods to you.
4.2: This Contract will relate only to those Goods whose despatch we have confirmed in the Acceptance Confirmation or, if there is no Acceptance Confirmation, those Goods which we actually do despatch to you. We will not be obliged to supply any other Goods which may have been part of your order until the despatch of such Goods have been confirmed in a separate Acceptance Confirmation.
5: CONSUMER RIGHTS
5.1: This Condition 5 only applies only to Consumers
5.2: As a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Goods. In this case, you will receive a full refund of the price paid for the Goods in accordance with our money back guarantee (set out in Condition 9 below).
5.3: To cancel a Contract, you must:
5.3.1: inform us in writing at Open University Worldwide, Michael Young Building, Walton Hall, Milton Keynes, MK7 6AA, United Kingdom; and
5.3.2: return the Goods to us immediately at Open University Worldwide, Michael Young Building, Walton Hall, Milton Keynes, MK7 6AA, United Kingdom, in the same condition in which you received them, and at your own risk, and subject to Condition 10.1, your own cost.
5.4: You have legal obligations to take reasonable care of the Goods while they are in your possession and to see that they are not damaged in transit. If you fail to comply with these obligations, we may have a right of action against you for compensation.
5.5: Subject to Condition 9.1, you will not have any right to cancel a Contract for the supply of any of the following Goods:
5.5.1: audio or video recordings or computer software if they are unsealed; or
5.5.2: Goods made to your specifications or personalised Goods.
5.6: Nothing in these Conditions affects your statutory rights.
6.1: All prices are specified or quoted in Pounds Sterling.
6.2: Unless otherwise agreed by us in writing the price for the Goods ordered online shall be the price set out on Our Site from time to time, except in cases of obvious error.
6.3: Prices specified or quoted include VAT but exclude delivery costs, which will be added to the total amount due.
6.4: Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Acceptance Confirmation.
6.5: Our Site contains a large number of Goods and it is always possible that, despite our best efforts, some of the Goods listed on Our Site may be incorrectly priced. We will normally verify prices as part of our despatch procedures so that, where the correct price of any Goods is less than our stated price, we will charge the lower amount when despatching the Goods to you. If the Goods correct price is higher than the price stated on Our Site, we will normally, at our discretion, either contact you for instructions before despatching the Goods, or reject your order and notify you of such rejection.
6.6: We are under no obligation to provide the Goods to you at the incorrect (lower) price, even after we have sent you a Acceptance Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
6.7: Payment for all Goods must be by credit or debit card. We accept payment with Mastercard, Visa, Discovery and American Express, full details of which must accompany the order.
7: DELIVERY PROPERTY AND TITLE
7.1: Your order will be fulfilled by the delivery date set out in the Acceptance Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Acceptance Confirmation, unless there are exceptional circumstances.
7.2: Subject to the availability of Goods, we reserve the right to deliver the Goods in instalments.
7.3: The Goods are at your risk from the time of delivery.
7.4: Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of the Goods, including delivery charges.
7.5: You shall not obtain any proprietary title in the copyright relating to the material contained in or on the Goods.
8: MONEY BACK GUARANTEE
8.1: We will refund to you the full price you paid for the Goods (including any cost of delivering the Goods to you which is included in the price) provided that you cancel this Contract in writing to us within 7 days of the date that the Goods were received by you, in accordance with Condition 5.3
8.2: We will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given written notice of your cancellation.
8.3: This Condition 8 only applies only to Consumers.
9: DAMAGED AND DEFECTIVE GOODS
9.1: OUW warrants that (subject to the other provisions of these Terms and Conditions)
9.1.1: upon delivery, and for a period of 30 days from the date of delivery, the Goods will not be defective; and
9.1.2: upon delivery the Goods will not be damaged.
9.2: OUW shall not be liable for breach of the warranties in condition 9.1 unless:
9.2.1: in the case of the warranty at 9.1.1, the Customer gives written notice of the defect to OUW within 90 days of delivery and in the case of the warranty at 9.1.2, the Customer gives written notice of the damage to OUW within 7 days of receipt of the Goods either by completing and returning the fault card enclosed with the Goods or by email to our email address given on Our Site; and
9.2.2: the Customer, if asked to do so by OUW, returns such Goods to OUW at the Customer's cost.
9.3: Nothing in these Conditions shall affect your statutory rights.
9.4 Where we are liable for breach of any applicable warranty, we will make you a refund or supply you with replacement Goods. The refund will be in full including of the delivery charges for sending the item to you and the reasonable cost incurred by you in returning the item to us.
9.5: We may refuse to refund you in accordance with Condition 9.1 if:
9.5.1: you make any use of the Goods after giving notice of cancellation;
9.5.2: the defect/damage arises because you failed to follow our oral or written instructions as to the installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice;
9.5.3: the defect arises from normal wear and tear; or
9.5.4: the defect/damage arises from accidental damage.
9.6: We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
10.1: The following provisions of this Condition 10 set out our entire financial liability to you (including our liability for the acts or omission of our employees agents and sub-contractors) in respect of:
10.1.1: any breach of these Conditions; and
10.1.2: any representation, statement or tortious act or omission including negligence arising under or in connection with this Contract.
10.2: Nothing in these Conditions excludes or limits our liability:
10.2.1: for death or personal injury caused by our negligence;
10.2.2: under section 2(3) of the Consumer Protection Act 1987;
10.2.3: for fraud or fraudulent misrepresentation; or
10.2.4: for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
10.3: Subject to conditions 10.1 and 10.2:
10.3.1: OUW shall not be liable to you for any loss of bargain, loss of profit, loss of anticipated savings, loss of production, loss of business, loss of business opportunity, loss of revenue, loss of use, loss of goodwill, loss of anticipated saving, loss or corruption of data or information or for any losses that were not reasonably foreseeable to you and us when the Contract was formed, and
10.3.2: our 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 shall be limited to the value of the Goods to which any claim relates.
11.1: The Goods are subject to copyright laws and protection and are sold to you on the basis that you comply with the provisions of any copyright notices thereon and therein. Under no circumstances shall we be liable to, or indemnify, you for any of your actions which are in breach of such copyright laws and provisions.
11.2: Any programmes or other material contained in any video, DVD, compact disc, multimedia or other electronic, magnetic recording medium may not be broadcast or copied in any way except by the grant of specific written licence by us, The Open University, or under the terms of The Open University Off-Air Recording Scheme, details of which are available upon request.
11.3: Where the supply of Goods to you would otherwise constitute a breach of copyright provisions we reserve the right not to supply the Goods, even after a Acceptance Confirmation has been sent, and will notify you accordingly.
11.4: Your use of software and multimedia is subject to the terms and conditions of our standard licence [insert link to licence] that will accompany the software and multimedia on delivery. You may additionally obtain a copy of the licence by request from us.
12: FORCE MAJEURE
12.1: We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
12.2: A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) acts of God, governmental actions, war or national emergency, riot, civil commotion, terrorist attack or threat of terrorist attack, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or public or private telecommunications networks, or inability or delay in obtaining supplies of adequate or suitable materials.
12.3: Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to find a solution by which our obligations under this Contract may be performed despite the Force Majeure Event.
13.1: This Contract between you and us is binding on you and us and on our respective successors and assigns.
13.2: You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent, such consent not to be unreasonable withheld or delayed.
13.3: We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of this Contract.
14.1: All notice given by this Contract must be in writing which shall include communication by electronic means:
14.1.1: in the case of notices to us to Open University Worldwide Ltd., Walton Hall, Milton Keynes, MK7 6AA, United Kingdom, or such other address as shall be notified to you by us; or
14.1.2: in the case of notices to you to any address, e-mail address or fax number of yours which you gave us when you placed the order or such other address, email address or fax number as shall be notified to us by you in writing.
14.2: Notices shall be deemed to have been received:
14.2.1: if sent by prepaid first class post, 2 days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting);
14.2.2: if delivered by hand on the day of delivery;
14.2.3: if sent by fax on a working day prior to 4.00 p.m. at the transmission and otherwise on the next working day;
14.2.4: if sent and received by means of an electronic communication system, when the addressee acknowledges receipt of such communication, such acknowledgement to take the form of a return receipt. Any notice given by e-mail shall be deemed to have been duly given when the recipient of the said return receipt is able to access it.
15: WRITTEN COMMUNICATIONS
15.1: Applicable laws require that some of the information or communications we send to you should be in writing. When using Our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on Our Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
16: OTHER COMMUNICATIONS
16.1: As part of the sales process, you may be contacted by us, or one of our partners acting on our behalf, to verify your customer experience. Any information you give us will be protected in accordance with our data protection policy.
17.1: If any provision of these Conditions is declared wholly or partly illegal, invalid, void, voidable unenforceable or unreasonable by any Court, tribunal or administrative forum of competent jurisdiction, it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of this Contract and the remainder of such provision shall continue in full force and effect.
17.2: If we fail, at any time during the term of this Contract, to insist upon strict performance of any of your obligations under this Contract or any of these Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under this Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
17.3: A waiver by us of any default shall not constitute a waiver of any subsequent default.
17.4: No waiver by us of any of these Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Condition 14.
17.5: Nothing in these Conditions shall confer on any third party any benefit or the right to enforce any terms of this Contract.
17.6: We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
18: LAW AND JURISDICTION
18.1: The formation, existence, construction, performance, validity and all aspects of this Contract shall be governed by the laws of England and the parties submit to the exclusive jurisdiction of the English Courts.