This document sets out the terms and conditions on which JPB is prepared to deal with Customers. Subject to the absolute discretion of JPB, only one copy of any one version of these Terms shall be provided by JPB to each Customer.
2.1. In this document:
"Customer" means a customer of JPB;"Jersey Post" means Jersey Post Limited, registered in Jersey with company number 88764, whose registered office is at Postal Headquarters, La Rue Grellier, La Rue des Pres Trading Estate, St Saviour, Jersey and includes any successors and assigns;
"JPB" means The Jersey Philatelic Bureau, a division of Jersey Post;"JPB Literature" means any and all documents produced or distributed by or on behalf of JPB and concerning in whole or in part the goods and/or services advertised, marketed, produced, provided or distributed by JPB and, for the purposes of the JPB goods, includes the Website;
"Order" means an order made by a Customer for JPB goods and/or services done in writing or by telephone and other than to, through or via the Website;
"Standing Order" means an instruction from a Customer to JPB requiring JPB to supply certain goods/services on the terms and subject to the conditions set out in the instruction or any associated JPB Literature;"Supplementary Order" means, in respect of a Customer who has a Standing Order in place, an Order by that Customer that is additional to and separate from the said Standing Order;
"Terms" means this agreement and the terms and conditions set out herein;"Website" means the internet site owned and operated by Jersey Post and accessible at the following URLs: www.jerseypost.com; www.jerseystamps.com
2.2. Clause headings are for ease of reference only and shall not affect the interpretation of the Terms.
2.3. References to clauses and paragraphs are to be construed as references to clauses and paragraphs of the Terms.
2.4. Words importing the singular shall include the plural and vice versa.
2.5. Words denoting any gender shall include all genders.
2.6. A Customer who accepts these terms and conditions shall be deemed to be signing and accepting for herself and her successors in title, and, if an individual, her heirs and estates.
3.1. These terms apply to any Customer who subscribes for or purchases goods or services from JPB.
4.1. If any Customer submits to JPB an Order, that Order will constitute an offer by the Customer to buy goods and/or services from JPB subject to the Terms.
4.2. JPB may accept any Order by email or other written notification. Until JPB expressly so accepts an Order, no contract will exist between the Customer and JPB.
4.3. If JPB is unable to accept an Order for goods due to insufficient stocks, JPB will notify the Customer and may suggest alternative goods. If the Customer wishes to purchase the alternative goods, the Customer will need to submit an amended Order to JPB.
4.4. JPB's emailed or other written acceptance of an Order will be effective at the time despatched to a Customer from its offices in Jersey (whether or not received). The resulting contract between JPB and any Customer will be deemed to be formed in Jersey.
4.5. The Terms constitute the contract for the purchase of goods and/or services from JPB by any Customer who is bound by the Terms by virtue of clause 3, to the exclusion of any other terms and conditions. The Terms may not be varied by you unless such variation is expressly agreed in writing by JPB.
5. Right to cancel an Order
5.1. In accordance with the Distance Selling (Jersey) Law 2007, the Customer has the right to cancel an Order up to 7 days after the date of delivery. To do this please write to JPB at: Philatelic Bureau Customer Services, Jersey Post Limited, Postal Headquarters, JERSEY, JE1 1AB or email: email@example.com. If the Customer exercises such right, JPB will refund the value of the cancelled Order.
5.2. If the Customer cancels an Order in accordance with clause 5.1, the Customer must return the goods that are or have been the subject of the relevant Order to JPB (a) at the Customer's own expense; (b) unused and in perfect condition and the Customer must ensure that the goods are packaged adequately to protect against damage.
5.3. If the Customer fails to meet the conditions set out in clause 5.2 JPB has the right to refuse any further Orders from the Customer and further: (a) if the Customer fails to return the goods to JPB, JPB may collect the goods and charge the Customer the direct cost of collection; and (b) if the Customer fails to take reasonable care of the goods before they are returned to JPB and this results in damage or deterioration JPB will charge the Customer for the reduction in value to the Goods.
5.4. The cancellation policy set out in this clause 5 does not affect the Customer's legal rights.
6. Description of Goods or Services
6.1. The quantity, quality and description of any goods and/or services to be provided by JPB hereunder will be those set out in the relevant Order (if accepted by JPB).
6.2. JPB makes every effort to display as accurately as possible the image and colours of its goods that appear on and/or in JPB Literature. However, JPB cannot guarantee that the display of any image and/or colour as set out in any item/s of JPB Literature is or will be accurate.
6.3. JPB reserves the right to make any changes to the specification of its goods and/or services where those changes are required to conform with any applicable statutory or regulatory requirements or which do not materially affect the quality or performance of the said goods and/or services.
6.4. JPB may correct, at any time, without any liability on its part, any typographical, clerical or other error or omission on or in any JPB Literature.
7. Price and Payment
7.1. Subject to clause 6.4 of these Terms, the price of goods and/or services shall be the price listed in the relevant JPB Literature current at the date of acceptance of an Order.
7.2. The price is payable in pounds sterling exclusive of any applicable value added or other sales tax and duties which are payable in addition. Customers will be responsible for the payment of any applicable value added or other sales taxes and duties payable upon importation of goods into any member state of the European Union or any other country of destination. Any refunds will be made in pounds sterling. If the Customer wishes a refund in any other currency and JPB agrees, the Customer accepts all risk in exchange rate fluctuations and JPB will be entitled to deduct any costs incurred in converting the refund into the requested currency.
7.3. Customers who have goods supplied to them by JPB: (a) pursuant to a Standing Order with JPB shall pay any costs of delivery associated with a Supplementary Order; (b) other than pursuant to a Standing Order with JPB shall pay any costs of delivery. All Customers may request and will always be liable for any insurance of goods supplied by JPB to those Customers pursuant to an Order by those customers. To avoid doubt, the costs of delivery for Customers who have goods supplied pursuant to a Standing Order will be met by JPB.
7.4. Before JPB can process and accept any Orders, the relevant Customer must give JPB their accurate and full name, address, telephone number (if any), and email address (if any) and valid credit card information (or some other means of payment that is acceptable to, and accepted by, JPB).
7.5. JPB may process credit card payments upon acceptance of Orders.
8.1. Following payment, JPB will arrange delivery of goods to Customers' addresses or, at the absolute discretion of JPB, to such other address as a Customer may specify.
8.2. Orders may be placed for goods before the relevant issue date for those goods. However, in such circumstances and subject to acceptance of the Order none of the goods in the relevant Order, including those for which the issue date has already passed, will be despatched until after the relevant issue date.
8.3. Subject to clause 8.2, delivery normally takes between 15 and 28 working days from acceptance of an Order, depending on location, method of payment and the availability of goods. Any dates quoted for delivery of goods are approximate only. JPB will not be liable for any delay in delivery of goods howsoever caused. Time for delivery will not be of the essence.
8.4. The Customer may request JPB to despatch the goods using a registered or other premium service at the Customer's expense, by making such request in writing to JPB.
9. Force majeure
9.1 Notwithstanding any provision to the contrary in the Terms, although JPB will use all reasonable endeavours to discharge its obligations under and/or pursuant to the Terms in a prompt and efficient manner, it does not accept any responsibility for any failure to discharge its obligations or delay in the discharge of its obligations caused by circumstances wholly or partly beyond its control.
10. Warranties in Respect of Goods
10.1. Subject to clause 5 of the Terms, JPB warrants that goods will, at the time of delivery, correspond with their description and that they will be of satisfactory quality. For the purposes of this clause 'satisfactory quality' shall mean the standard that a reasonable person would regard as satisfactory taking into account the description of the goods, the price for them and all relevant circumstances including any purpose for which the goods might be designed.
10.2. All other warranties, conditions or other terms as to quality or fitness for purpose implied by statute or common law are excluded to the fullest extent permitted by law.
10.3. In the event of a breach of clause 10.1 then, upon return of the relevant goods, JPB will refund to the Customer who ordered the said goods the price of the goods including any delivery charges. If JPB requires the goods to be returned then JPB will reimburse the reasonable cost of returning the items to JPB.
10.4. In any event, JPB shall not be liable to a Customer or be deemed to be in breach of the Terms by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the goods and/or services, if the delay or failure was due to any cause beyond its reasonable control.
11. Specific Responsibilities of each Customer
11.1. Each Customer is solely responsible for the accuracy, legality, currency and compliance of any material submitted by it to JPB and will be solely liable for false, misleading, inaccurate, infringing or other actionable material contained or referred to therein.
12. Exclusion of Liability
12.1. Except as expressly provided in these terms and except in respect of personal injury or death caused by JPB's negligence, in no event will JPB be liable for any injury, loss, claim, damages or any special, incidental, consequential, exemplary or punitive damages of any kind arising out of or in connection with any Customer's access to, or use of the goods and/or services of JPB, whether based in contract, tort and whether negligent or otherwise, even if JPB has been advised of the possibility of such damages.
12.2.If the exclusion of liability in clause 12.1 is held by a court of competent jurisdiction to be unlawful, but that liability may be lawfully limited, JPB's aggregate total liability to any Customer for all such damages and losses shall be limited to the fees paid by an affected Customer to JPB in connection with any goods and/or services of JPB during the 12 months preceding the events giving rise to liability.
13. Data Protection and Privacy
13.2. The JPB and/or Jersey Philatelic Design & Marketing may wish to send you, a Customer, details of Jersey stamp products, promotions, services and other philatelic related items. If you, a Customer, do not wish to receive this information, please inform JPB Customer Services here: firstname.lastname@example.org or in writing to: Philatelic Bureau Customer Services, Jersey Post Limited, Postal Headquarters, JERSEY, JE1 1AB
13.3. JPB may be required to disclose information to third parties for the purpose of providing and administering the billing/payment and other goods and services, resolving disputes, analysis, and as required by law or government agencies, regulators or courts in any relevant jurisdiction and the Customer hereby consents to such necessary disclosures.
14.1 The Terms and JPB Literature and their contents and any goods advertised and/or marketed and/or distributed and/or sold and/or provided by JPB to Customers are copyright JPB and/or its associates, or their content and/or technology providers. All rights are reserved.
14.2 To the extent that it is lawful for JPB to do so, JPB hereby consents to all reasonable uses by
Customers and prospective Customers of JPB Literature PROVIDED THAT such use does not (a) contravene any particular requirement/s that JPB may set out within any item of JPB Literature regarding the use of any one or more items of JPB Literature (including but not limited to the reproduction of such item(s) of JPB Literature); (b) contravene the law/s of Jersey or the law/s of any other jurisdiction; (c) prejudice in any way any or all rights of JPB in any respect whether under copyright legislation or other legislation in Jersey or elsewhere.
15. Term and Termination
15.1 Each Customer agrees to remain bound by these Terms unless JPB earlier terminates, suspends or otherwise limits the Terms.
16. Applicable Law
16.1 Each Customer agrees that these Terms and any dispute arising in any way in relation to the Terms, an Order, and/or any goods and/or services provided and/or sold and/or to be provided and/or sold by JPB to that Customer will be governed by and construed in accordance with the applicable laws of Jersey and the Courts of Jersey shall have exclusive jurisdiction in respect thereof.
17.1. To the extent that any provision in these Terms is determined to be unenforceable or invalid, such provision shall be severed and the remaining provision shall be enforceable to the fullest extent permitted by the applicable law.
17.2. These Terms represent the entire agreement between the Customer and JPB relating to the subject matter hereof, and supersede any prior understanding or agreements between the Customer and JPB regarding the said subject matter.