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These Terms and Conditions (“Conditions”) form a legal agreement between you and Abertay (defined below).
These Conditions, together with our Privacy Policy and Cookie Policy (each available on our Website), apply to your use of the Website and/or making a Purchase, and also provide outline terms for submitting a Study Application Form or an Alumni Update Form. We expect you to read them carefully before using the Website.
If you do not agree to these Conditions, you may not use the Website, make a Purchase, submit a Study Application Form or submit an Alumni Update Form.
We may update these Conditions from time to time. Where we make material changes, we will notify you by email (where we have your email address) or by displaying a prominent notice on the Website. We will always display the date the Conditions were last updated at the bottom of this page. Your continued use of the Website after any changes take effect will constitute your acceptance of the revised Conditions. If you do not agree with any changes, you should stop using the Website.
1.1 In these Conditions, the following words shall have the meanings set out below:
| "Abertay", "us", “we” or "our" | means The University Court of the University of Abertay Dundee, a charity registered in Scotland (Registered Number: SC016040) and having its main office at Kydd Building, Bell Street, Dundee;Telephone: +44 (0)1382 308 000. |
| "Alumni Update Form" | means the form on the Website for use by alumni in updating their details. |
| "Data Protection Legislation" | means the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018, and the Privacy and Electronic Communications Regulations 2003 (PECR), each as amended from time to time, together with any subordinate legislation and guidance issued by the Information Commissioner's Office (ICO) |
| "Goods" | means the goods advertised for sale on the Website. |
| "Intellectual Property" | means patents, rights to inventions, copyright and related rights, moral rights, trademarks and service marks, trade names, domain names, rights to goodwill, rights in designs, rights in computer software (including source code and object code), database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and similar or equivalent rights which subsist or will subsist now or in the future in any part of the world. |
| "Order" | means a request to purchase Goods submitted through the Website; |
| "Personal Information" | means personal data (as defined in the Data Protection Legislation) provided by you to us when submitting a Study Application Form, Alumni Update Form, making a Purchase or otherwise. |
| "Purchase" | means the purchase of Goods made by you submitting an Order and making payment for the Goods as detailed in Clause 4; |
| "Study Application Form" | means the application form that is available on the Website, which you can use apply to study one of the undergraduate courses or postgraduate course offered by us; |
| "Website" | means the website located at www.abertay.ac.uk and any subsequent URL which may replace it. |
1.2 References to any statute, enactment, order, regulation or other similar instrument shall be construed as a reference to the statute, enactment, order, regulation or instrument as amended, re-enacted or replaced from time to time.
1.3 All headings in these Conditions are for ease of reference only and shall not affect the interpretation or construction of the Conditions.
2.1 We reserve the right to modify or withdraw, temporarily or permanently, this Website or any part of it, with or without notice to you.
2.2 You must abide by all applicable laws and regulations in connection with your use of the Website.
2.3 You shall ensure that any Personal Information which you are required to submit is true, accurate, correct and complete in all respects.
2.4 You will notify us promptly of any changes to any Personal Information.
2.5 You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use when using this Website.
3.1 Goods can be purchased using an order form available at http://onlinestore.abertay.ac.uk.
3.2 Before placing an Order, you will have the opportunity to review and correct any input errors. The language of the contract is English.
3.3 Once we have received your Order and payment for the Goods, we will send you an acknowledgement email without undue delay. Please note that this acknowledgement does not mean your Order has been accepted. We will then send you a confirmation email, which will include confirmation of your Order, the price of the Goods, delivery details and your cancellation rights. A binding contract between you and Abertay is formed when you receive this confirmation email.
3.4 We will advise you in the confirmation email if the Goods ordered are out of stock. Under such circumstances we will provide you with an estimate of when the Goods will be in stock and when they will be delivered to you. If, for any reason, you do not wish to wait, we will refund any monies paid.
3.5 The Goods which have been ordered will generally be despatched by Royal Mail within 48 hours of receipt of payment by us. Alternative delivery options may be arranged at an additional cost, which will be clearly stated before you place your Order.
3.6 The Goods will be at your risk from the time of delivery to you. 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.
3.7 If you order Goods 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.
3.8 Please also note that you must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable for any breach by you of any such laws.
4.1 The price of any Goods will be as quoted on the Website from time to time, except in cases of obvious error. All prices include VAT (where applicable) but exclude delivery costs, which will be displayed clearly before you confirm your Order.
4.2 Prices are liable to change at any time, but changes will not affect Orders in respect of which we have already sent you a confirmation email in accordance with Clause 3.3.
4.3 The Website contains a number of Goods and it is always possible that, despite our best efforts, some of the Goods listed on the Website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where the correct price of any Goods is less than our stated price, we will charge the lower amount when dispatching the Goods to you. If the correct price of Goods is higher than the price stated on the Website, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject your Order and notify you of such rejection.
4.4 We are under no obligation to provide the Goods to you at the incorrect (lower) price, even after we have sent you a confirmation email in accordance with Clause 3.3, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing.
4.5 Payment can be made by credit or debit card through our secure online payment system. The accepted card types are displayed at the point of checkout. All credit/debit card payments are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to, or does not for any reason, authorise payment to us, we will not accept your Order.
Your statutory right to cancel
5.1 Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel your Order at any time from the moment you place it and for a period of 14 calendar days after the day on which you (or a person you nominate) receive the Goods. You do not need to give a reason for cancelling.
5.2 If your Order consists of multiple Goods delivered on different days, the 14 calendar day cancellation period runs from the day after you receive the last item.
5.3 To exercise your right to cancel, you must inform us of your decision to cancel by a clear statement. You may use the Model Cancellation Form set out in Schedule 1 below, but this is not compulsory. You can contact us by post at Abertay University, Bell Street, Dundee, DD1 1HG, or by telephone on +44 (0)1382 308 000.
5.4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
5.5 If you cancel your Order, we will reimburse all payments received from you, including the cost of standard delivery (but not any supplementary delivery costs arising if you chose a type of delivery other than the least expensive standard delivery offered by us). We will make the reimbursement without undue delay, and not later than 14 calendar days after the day on which we receive the returned Goods, or (if earlier) 14 calendar days after the day you provide evidence that you have returned the Goods.
5.6 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement.
5.7 We may withhold reimbursement until we have received the Goods back or you have supplied evidence of having sent back the Goods, whichever is earliest.
Returning Goods
5.8 You must send back the Goods without undue delay and in any event not later than 14 calendar days from the day on which you communicate your cancellation to us. The deadline is met if you send back the Goods before the 14 calendar day period has expired.
5.9 You will bear the direct cost of returning the Goods, unless we have agreed otherwise or we failed to inform you that you must bear this cost.
5.10 We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you. You may handle the Goods to the extent necessary to establish their nature, characteristics and functioning, in the way you might in a shop.
Faulty or misdescribed Goods
5.11 Your right to cancel does not affect your statutory rights under the Consumer Rights Act 2015. If Goods are faulty, not as described, or not fit for purpose, you may have additional rights including the short-term right to reject (within 30 days), the right to a repair or replacement, and the right to a price reduction or final right to reject. We will refund the cost of returning any Goods which are faulty or misdescribed.
6.1 To apply for a full-time undergraduate course, you should apply via UCAS.
6.2 To apply for a part-time undergraduate course or any post-graduate course you can download a Study Application Form from the Website and submit it directly to Abertay. On receipt of a Study Application Form in accordance with this Clause 6.2, we will assess whether you are deemed as an "overseas" applicant in accordance with the Education (Fees and Awards) Regulations 1997. Any Study Application Form received from an overseas applicant will be subject to a non-refundable application fee. Abertay will contact overseas applicants directly in this regard.
6.3 You must read the full terms and conditions applicable to studying at Abertay as both an undergraduate and post graduate student. Please email registry@abertay.ac.uk to receive a copy of these terms and conditions.
6.4 Once we have received your UCAS application, Study Application Form and, in relation to Clause 6.2 the application fee, we will consider your application and will respond to you in writing confirming whether (i) we will offer you a place on the requested postgraduate or undergraduate course, (ii) any other conditions attached to the offer and (iii) information as to the enrolment process. For the avoidance of doubt, it is at our discretion whether we offer you a place on the requested course.
If you are a member of Abertay's Alumni, you can update your details by submitting a Alumni Update Form. Upon receipt, we will confirm by email: (i) whether your details have been updated; and (ii) any other information applicable to Alumni members.
8.1 We take the protection of your Personal Information seriously. Any and all Personal Information you provide will be processed lawfully and in accordance with the Data Protection Legislation, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
8.2 Full details of how we collect, use, store and protect your Personal Information, the lawful bases on which we rely, your rights as a data subject (including your rights of access, rectification, erasure, restriction, data portability and objection), and how to contact us or the Information Commissioner’s Office (ICO) if you have a concern, are set out in our Privacy Policy, which is available on our Website.
8.3 By using the Website, making a Purchase, or submitting a Study Application Form or Alumni Update Form, you acknowledge that you have read and understood our Privacy Policy.
9.1 Our Website uses cookies and similar technologies. Some cookies are strictly necessary for the operation of the Website. Other cookies help us improve the Website, personalise your experience, or provide analytics. We will not place non-essential cookies on your device without your prior consent.
9.2 When you first visit our Website, you will be presented with a cookie consent banner which allows you to accept or reject different categories of cookies. You can change your cookie preferences at any time through our Cookie Settings, accessible from the footer of every page.
9.3 Full details of the cookies we use, their purpose and duration, and how to manage your preferences are set out in our Cookie Policy, available on our Website.
10.1 You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored, or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you may commit a criminal offence under the Computer Misuse Act 1990.
10.2 While we take every reasonable precaution, we cannot guarantee that any material which you download from or access on the Website will be free from infection, viruses and/or other code that has contaminating or destructive properties, and we shall have no liability if the same are transmitted during the course of using the Website. You should ensure that you have appropriate protection against viruses and other security arrangements in place whilst using the internet.
10.3 You must not misuse the Website by knowingly introducing any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
11.1 You acknowledge and agree that all Intellectual Property rights in the Website and in all material or content supplied as part of the Website shall remain at all times vested in us and/or our licensors. You are permitted to use this Website and the material and content contained therein only as expressly authorised by us.
11.2 You acknowledge and agree that the material and content contained within the Website is made available to you for your own personal reference purposes, to enable you to make a Purchase, or to submit a Study Application Form or an Alumni Update Form. You may print off or download from the Website for these purposes only. Any other use of the material and content of the Website is strictly prohibited.
11.3 You agree not to assist or facilitate any third party to copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. You may not utilise any data mining, robots, or similar data gathering and extraction tools to extract for re-utilisation any substantial parts of this Website.
12.1 The information, material and services provided on the Website are provided on an “as is” and “as available” basis. Although every reasonable effort has been made to ensure that the information and material on our Website was complete and accurate at the time of publication, it is subject to change at any time without notice and we give no warranty that it will be accurate or complete at any particular time.
12.2 We warrant to you that any Goods purchased from us through our Website will be of satisfactory quality, reasonably fit for their purpose, and as described, in accordance with the Consumer Rights Act 2015.
12.3 Nothing in these Conditions shall exclude or limit our liability for: (a) death or personal injury resulting from our negligence or that of our representatives, agents or employees; (b) fraud or fraudulent misrepresentation; (c) any breach of the terms implied by sections 9, 10, 11 and 12 of the Consumer Rights Act 2015; or (d) any other liability which cannot be excluded or limited by applicable law.
12.4 Subject to Clause 12.3, we will not be liable to you for any indirect or consequential loss or damage arising out of or in connection with your use of the Website or the purchase of Goods, to the extent permitted by law. Nothing in this Clause affects your statutory rights as a consumer.
12.5 Subject to Clause 12.3, our total aggregate liability to you in relation to any matters arising under these Conditions shall be limited to the purchase price of the Goods in question.
12.6 We have not reviewed any of the sites that may be linked to this Website and are not responsible for the content of any linked pages or other sites linked to this Website.
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract with you that is caused by events outside our reasonable control (“Force Majeure Event”).
13.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control, and includes (without limitation): strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster; impossibility of the use of public or private transport or telecommunications networks; and the acts, decrees, legislation, regulations or restrictions of any government.
13.3 Our performance under any contract with you 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.
If any part of these Conditions shall be deemed unlawful, void or for any reason unenforceable, that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
No failure to exercise and no delay in exercising on our part of any right or privilege under these Conditions shall operate as a waiver thereof. A waiver by us of any breach of the Conditions shall not prevent the subsequent enforcement of that provision and shall not be deemed to be a waiver of any subsequent breach of that or any other provision.
These Conditions, together with our Privacy Policy and Cookie Policy, govern our relationship with you in respect of your use of the Website and any Purchases made through it, and represent the entire understanding of the subject matter. You confirm that in agreeing to accept these Conditions you have not relied on any prior representation or communications.
These Conditions are personal to the parties and you are not entitled to assign, transfer or otherwise deal in any of your rights and/or obligations under these Conditions without our prior written consent. We may assign these Conditions at our discretion.
18.1 If you have a complaint about the Website, our Goods or our service, please contact us in the first instance by email, by telephone on +44 (0)1382 308 000, or by writing to: Abertay University, Bell Street, Dundee, DD1 1HG. We will do our best to resolve any complaint promptly and fairly.
18.2 If we are unable to resolve your complaint to your satisfaction, you may wish to use an alternative dispute resolution (ADR) service. In accordance with the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015, we are required to inform you of a certified ADR provider. The relevant ADR provider is: [NAME OF CERTIFIED ADR PROVIDER], whose website is [URL OF ADR PROVIDER].
18.3 [We are willing / We are not currently willing] to use this ADR provider to resolve disputes with consumers. [Please note that if we are not willing to use ADR, you retain the right to pursue your claim through the courts.]
These Conditions shall be governed by and construed in accordance with Scots law and the parties hereby submit to the non-exclusive jurisdiction of the Scottish courts. If you are a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Conditions affects your rights as a consumer to rely on such mandatory provisions of local law.
These Conditions do not affect your statutory rights under the Consumer Rights Act 2015 or any other applicable legislation. For more information on your statutory rights, you may contact your local Citizens Advice Bureau or visit www.citizensadvice.org.uk.
Abertay University is committed to making our Website and online services accessible to all users, including those with disabilities, in line with the Equality Act 2010 and the Public Sector Bodies (Websites and Mobile Applications) (No. 2) Accessibility Regulations 2018. Our Accessibility Statement is available on our Website. If you experience any difficulty accessing our Website or these Conditions, please contact us.
In the event of a query or complaint about the Website, our Goods or our service, please contact us:
Abertay University
Bell Street,
Dundee, DD1 1HG,
United Kingdom
Telephone: +44 (0)1382 308 000