TERMS AND CONDITIONS OF SUPPLY

This page (together with the documents referred herein) tells you the terms and conditions on which The University of Edinburgh (“the University”) supply any of the products (“the Products”) listed on our website www.eurostemcell.org (“the Site”) to you (“the Terms and Conditions of Supply”). Please read the Terms and Conditions of Supply carefully before ordering any Products from the Site. You should understand that by ordering any of the Products, you agree to be bound by the Terms and Conditions of Supply.

Your Status

By placing an order through the Site, you warrant that:

Formation of the Contract

After placing an order, you will receive an email from film@eurostemcell.org acknowledging that we have received your order and with payment instructions. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. Once we receive confirmation of your payment (this is automatically sent to us when the payment is received) we will dispatch your Product.

The Contract will relate only to those Products we dispatch.

Links

The University may provide links on the Site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through the Site, or from companies to whose website we have provided a link on the Site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.

Consumer Rights

If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy.

To cancel a Contract, you must inform us in writing and return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk.

Availability and Delivery

Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within thirty days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.

Risk and Title

The Products will be at your risk from the time of delivery.

Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

Price and Payment

The price of each Product will be as quoted on the Site from time to time, except in cases of obvious error.

Prices are liable to change at any time, but changes will not affect orders where we have already accepted payment.

The University accepts Switch, Solo, Delta, Visa Electron MasterCard, Eurocard, Visa, or cheques denominated in pounds sterling (GBP) and drawn on a U.K. bank.

Refunds

You may return most Products within thirty days of delivery for a full refund. When you return a Product to us we will examine the returned Product and will notify you of your refund via email within a reasonable period of time. Please note that we will not refund you in relation to any Product that is not returned in its original condition, is damaged, or is missing parts. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will usually process the refund due to you as soon as possible and, in any case, within thirty days of the day we received your cancellation or the day we confirmed to you via email that you were entitled to a refund for delivery of the defective Product.

Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.

Products returned by you within the seven-day cooling-off period (see “Consumer Rights” above) will be refunded in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.

Packing and Sending Returns

You should pack and send your return to us as follows:

We warrant to you that any Product purchased from us through the Site is of satisfactory quality.

Our liability in connection with any Product purchased through the Site is strictly limited to the purchase price of that Product.

This does not include or limit in any way our liability:

We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Import Duty

If you order Products from the Site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

Written Communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using the Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the 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.

Notices

All notices given by you to us must be given to info@eurostemcell.org. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in Written Communications above. Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

Transfer of Rights and Obligations

A Contract is binding on you and us and on our respective successors and assignees.

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.

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 the Contract.

Events Outside Our Control

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”).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

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 bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

Waiver

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of the Terms and Conditions of Supply, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of the Terms and Conditions of Supply shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Notices above.

Severability

If any of the Terms and Conditions of Supply or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Entire Agreement

The Terms and Conditions of Supply and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in the Terms and Conditions of Supply.

Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in the Terms and Conditions of Supply.

Changes

We have the right to revise and amend the Terms and Conditions of Supply from time to time.

You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or the Terms and Conditions of Supply is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or the Terms and Conditions of Supply before we dispatch your goods (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

Law and Jurisdiction

Contracts for the purchase of Products through our site will be governed by and construed in accordance with the Laws of Scotland and any disputes that may arise will be subject to the jurisdiction of the Scottish courts.