Staff and Student Space Booking and Equipment Loan and Sale Terms & Conditions
These Terms and Conditions ("Terms", "Terms and Conditions", “Conditions”) are important. Please read them carefully before using the Falmouth Stores (the "Service" or the “Site”) operated by Falmouth University ("University", "us", "we", or "our"). These Terms apply to all online transactions for the supply of Goods and payments made using the Service. These Terms, together with the Student Terms and Conditions, establish the basis of an agreement between the University and its students as to the rights, roles and responsibilities of both parties. If you do not accept these Terms and Conditions, please do not use this Service. Your continued use of this Service confirms your acceptance of these terms.
The definitions and rules of interpretation in this condition apply in these Terms:
Falmouth University whose VAT number is 526732051.
Any contract between the University and the Customer for the supply of Goods or Service.
The person who acquires the Goods or Service from the University.
Any circumstance not within a party’s reasonable control including, without limitation:
(a) Acts of God, flood, drought, earthquake or other natural disaster;
(b) Epidemic or pandemic;
(c) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations
(d) nuclear, chemical or biological contamination or sonic boom
(e) any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition
(f) collapse of buildings, fire, explosion or accident;
(g) any labour or trade dispute, strikes, industrial action or lockouts
(h) non-performance by suppliers or subcontractors; and
(i) interruption or failure of utility service.
Any goods agreed in the Contract to be supplied to the Customer by the University.
The online payment facility provided on the Site.
The loan and sale system provided on the Site.
Store, Stores, or Store area:
The relevant departmental Store that you are loaning or buying Goods from.
Value added tax chargeable under English law for the time being and any similar additional tax.
The person making a Payment.
1.1 Only registered users of the Falmouth Stores system can access equipment and facilities from the Stores.
1.2 Loans and sales are subject to course requirements, availability and appropriate inductions including Health and Safety inductions and any required Risk Assessments being signed off.
1.3 You are fully responsible for the health and safety of yourself and others in relation to your use of the equipment or facilities loaned or bought, should only use the equipment or facilities for their intended purpose, and should be aware of the relevant Store’s Health and Safety Guidelines and any Health and Safety information including on Risk Assessments and Safe Systems of Work provided in inductions, demonstrations or workshops, or that is provided from time to time in relation to the equipment and facilities.
1.4 Equipment cannot be loaned, sold, or returned by you without you personally presenting your current University ID card at the appropriate Store. Equipment loan and sale collections or returns can only be carried out by the user who booked them.
1.5 You are fully responsible for equipment loaned to you for the duration of the loan and therefore must not allow anyone to borrow anything from you.
1.6 Loan equipment must be returned and facilities left in the same state as when issued.
1.7 Loan equipment must be returned to the Store area it was collected/accessed from.
1.8 Loans and use of facilities are only available in connection with both course related and non-course related work or University business and for no other purpose and may be subject to the production of an acceptable risk assessment where either required or applicable.
1.9 As a buyer of materials and items from Falmouth Stores you agree to dispose of any waste, or completed items, in an appropriate and responsible manner, recycling where possible, and considering the environmental impact of your actions.
2.1 Standard loan sessions are controlled by each Store and depend on the individual equipment item restrictions and the number of bookings per week allocated to the user. The standard loan sessions for all equipment and facilities are as published in each Store, as are the opening times.
2.2 Standard loans are available during study blocks only (as defined by the published dates for each course).
3.1 Under exceptional circumstances, non-standard loans, loans outside of study blocks and loans to travel with University equipment aboard may be arranged by prior application. Details of exceptional loans are available from each Store area.
3.2 Please inform the relevant Store area in advance of any intended use of University equipment abroad. Failure to do this will mean the equipment is not covered by the University insurance policy.
3.3 Trips to the following countries (and those where the Foreign and Commonwealth Office (FCO) advise against travel) are not covered by University insurance: Afghanistan, Chechnya, Iraq, North Korea, Somalia. Users should check up-to-date travel advice from the FCO website before travel.
3.4 Equipment travelling in the hold of an aircraft is not covered by University insurance. All items should therefore be carried as hand luggage.
4.1 Equipment and facilities may be pre-booked but if you fail to utilise the booking within fifteen minutes of the agreed time of collection the booking will be automatically deleted and made available to other users.
4.2 Failure to utilise equipment or facility bookings may result in a fine (please refer to penalties section or details published in each Store area).
4.3 Continued failure to take up bookings will result in the loss of the privilege to make bookings in advance and / or restrictions on future bookings.
5.1 Late return is defined as fifteen minutes after the agreed return time. You must ensure that you return items whilst the store is open and it is your responsibility to ensure your equipment has been handed to the Store area assistant and marked as returned by them in good time.
5.2 Late return results in an automatic initial penalty of £5.00 each day that equipment or the facility is retained, including weekends and closure days.
5.3 Late return penalties will only stop accruing when the equipment is returned. It is your responsibility to ensure your equipment has been marked as returned by the Store area assistant.
5.4 Until such time as incurred penalties or charges are cleared, you will only be able to sign in to the Falmouth Stores and pay your fines. Loans and sales are suspended until such time as incurred penalties or charges are cleared.
5.5 Continuation of late loan returns may ultimately result in suspension of use of all or some of the facilities and equipment.
5.6 Refusal to return equipment long term will be treated as theft.
5.7 Failure to arrive and check out a studio (Institute of Photography) within 30 minutes of the session start time will result in a £20.00 fine and the cancellation of the whole session.
5.8 Failure to arrive and check out an enlarger or scanning facility (Institute of Photography) within 30 minutes of the session start time will result in a £5.00 fine and the cancellation of the whole session.
5.9 Any incurred debts owed should be cleared with the appropriate Stores before the completion of your course. Failure to do so may prevent you from being able to attend a graduation ceremony.
6.1 Equipment is covered by University insurance for course-related and non-course related work and a risk assessment may be required at the time of hire. If so, the hirer will be advised of this requirement before the hire commences.
6.2 The user is responsible for the care of the equipment for the duration of the loan; consequently you will be held responsible for any damage.
6.3 Currently, the University’s contents insurance policy has an excess set at £500 for property. You may be charged in part or in full to repair or replace damaged, spoiled or missing items.
6.4 As is professional practice, please check all equipment on collection at the Store and report any problems immediately to the member of staff. Failure to do so may result in you being held responsible for any damage noted on return at the end of your loan period.
6.5 You should take all reasonable security precautions to ensure safekeeping of the equipment at all times (i.e. do not leave equipment unattended unless in locked rooms or premises and do not leave equipment in unattended vehicles because insurance cover will not apply).
6.6 In the event of the loss of, or damage to, the equipment, up to the full cost of the equipment replacement or repair will be charged to users where there is evidence of contributory negligence or where the equipment is not covered by insurance. If the equipment is stolen you must report this theft to the police and obtain a reference number for University insurance purposes.
6.7 In all cases of loss or damage, a loss and damage report form must be submitted to the relevant Stores area, who must then notify the insurance coordinator.
7.1 Your online order constitutes an offer to buy Goods on these Terms. No offer placed by you shall be accepted other than: by an email acknowledgement issued by the University through the Falmouth Stores system; or (if earlier) by you collecting the Goods from the University, when a Contract for the supply of the Goods will be formed.
7.2 Your online payment constitutes an acceptance of these Terms. Payments must be in Sterling. Any currency conversion costs or other charges incurred when making a payment will be borne by the Payer and will not be deductible from the amounts due to the University.
7.3 The quantity and description of the Goods shall be as set out in the email acknowledgement of order issued by the University through the Falmouth Stores system.
7.4 Payments can only be made online, no cash will be accepted.
7.5 Stores will retain uncollected Goods for 28 days. If you do not collect Goods within this time the Store will attempt to contact you. Once this time has elapsed, if you remain uncontactable, the Store may re-stock the Goods for resale in which case any refundable items will be refunded.
8.1 The Goods are at the risk of you from the time of collection.
8.2 Ownership of the Goods shall not pass to you until the University has received in full all sums due for the Goods.
8.3 The University shall be entitled to recover payment for the Goods if ownership has not passed.
9.1 The price for the Goods will be as set out on the Site next to the Goods.
9.2 Payment of the price for the Goods is due in pounds sterling when you place the order without any deduction.
10.1 The University confirms that (subject to the other provisions of these Terms) on delivery the Goods shall be of satisfactory quality within the meaning of the Sale of Goods Act 1979.
10.2 It is your responsibility to inspect Goods for quality on collection.
10.3 If you have bought Goods marked as non-refundable and have inspected them as damaged on collection, they will be promptly exchangeable at the point of collection.
11.Cancellations, refunds and returns
11.1 The University observes the terms of the Consumer Contracts Regulations 2014. You will be entitled to cancel the contract at any time before 14 days after collecting the Goods.
11.2 After informing the relevant Store that you wish to cancel the Contract in accordance with condition 11.1, you must then return the Goods to the relevant Store, unused and in the original packaging, within 30 days of notification.
11.3 Goods will be marked as refundable or non-refundable. Goods marked as non-refundable cannot be returned unless inspected and noted as faulty on collection, in which case an exchange will be offered where appropriate.
11.4 If you cancel the contract and return the Goods in accordance with these Terms, the University will refund the price of any Goods marked as refundable (using the same method originally used by you to pay for the Goods). You will be responsible for the cost of returning the Goods to the relevant Store.
11.5 Refunds will be provided to you as soon as possible, and, in any case, within 30 days of the day the Goods are returned to the relevant Store.
12.1 The Payer confirms and undertakes that:
(a) the data input into the Site for payment is true and accurate;
(b) the Payer is authorized to make relevant payments;
(c) the payer when making the payment is not breaching any third party rights and is not acting fraudulently or in breach of any laws or regulations;
(d) the data input by the Payer will not contain any computer viruses, macro viruses or anything else designed to interfere or disrupt the normal operating procedures of a computer.
13.1 The University cannot accept liability if payment is refused or declined by the credit or debit card supplier. If the credit or debit card supplier declines payment, the University is under no obligation to bring this to your attention. You should check with your credit or debit card supplier that payment has been processed.
13.2 No payment shall be deemed to have been received until the University has received cleared funds.
13.3 You shall make all payments due under the Contract in full without any deduction.
14. Data Protection
14.1 To provide access to Falmouth Stores the following personal details will be processed in order to provide the correct service to you:
(a) Your full name
(b) Your address
(c) Your telephone numbers
(d) Your payment details
14.2 This data is provided by Falmouth University from your central student record in line with the data sharing statements in our privacy notice here: https://www.falmouth.ac.uk/data-privacy/current-students
14.3 Further to this the Falmouth Stores will store details about payments you have made, equipment you have loaned and materials you have purchased.
14.4 Data will only be stored for as long as is necessary to provide the service and comply with any audit or legal requirements. You can find out more about how long we store your data for here: https://www.falmouth.ac.uk/data-privacy
14.6 For more information about how Falmouth University controls or processes data, please visit https://www.falmouth.ac.uk/data-privacy
14.7 If you are concerned about your data or privacy, please contact firstname.lastname@example.org or call 01326 255775 and ask to speak to the Data Protection Officer.
15. Variations to these terms and conditions
15.1 The University reserves the right to change these Equipment Loan and Sale Terms and Conditions at any time. We will do this by amending these Terms and Conditions on the Falmouth Stores website and this alteration will then be of immediate effect. For this reason, you should regularly review these Terms and Conditions when loaning or buying equipment from the Falmouth Stores website as the current version will be binding on you.
In all instances the decision on loan and sale availability and penalties are at the discretion of the relevant Stores manager and are final. Failure to comply with any of the above will be considered by the University as negligence and may result in the loss of access of equipment or facilities
16.Limitation of Liability
16.1 Subject to condition 10, the following provisions set out the entire financial liability of the University (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Customer in respect of:
(a) Any breach of these conditions;
(b) Any use made by the Customer of any of the Goods or Services; and
(c) Any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
16.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 7 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
16.3 Nothing in these conditions purports to exclude or limit the liability of the University otherwise than as permitted by law.
16.4 Subject to condition 16.2 and condition 16.3:
(a) The University's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price; and
(b) the University shall not be liable to the Customer for loss of profit, loss of business, or depletion of goodwill in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
17.1 The Customer shall not be entitled to assign the Contract or any part of it without the prior written consent of the University.
18.1 Neither party shall be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed. If the period of delay or non-performance continues for twelve weeks, the party not affected may terminate this agreement by giving seven days' written notice to the affected party.
19.1 Any notice may be served by either party upon the other by sending it by post in a prepaid envelope or by email addressed to such other party at the last address notified to the other party, and any such notice so sent shall be deemed in the absence of proof to the contrary to have been received 5 days after posting or in the case of email at the time of transmission, provided a confirmatory copy is sent by pre-paid first-class post or by personal delivery before the end of the next day.
20.1 The Contract, and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the law of England and Wales.