1. Introduction
This document sets out the terms and conditions
on which JPB is prepared to deal with Customers. An enlarged type
copy of these Terms is available to Customers upon request. 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. Interpretation 2.1 In this document:
“ Customer ” means any person who wishes
to subscribe for or purchase or otherwise avail of the services
and products of JPB or who does so subscribe, purchase or otherwise
avail of the services and products aforesaid;
“ Jersey Post Office ” means the undertaking known alternatively
as ‘Jersey Post' and ‘Jersey Post Office' and operated by the States
of Jersey Committee for Postal Administration (“ SJCPA ”) and includes
any successors and assigns and any incorporated body that succeeds
SJCPA as operator of the undertaking known alternatively as ‘Jersey
Post' and ‘Jersey Post Office';
“ JPB ” means The Jersey Philatelic Bureau, a division of Jersey
Post Office;
“ 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;
“ 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 Office and accessible at or via the following internet addresses: 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 are to be construed as references to
clauses 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. Applicability 3.1 Any Customer who accesses and uses the Website to subscribe
for or purchase or otherwise avail of the services and products
of JPB must accept the terms and conditions of the Website and
will be deemed to do so by accessing or using the Website and shall
not be bound by the Terms.
3.2 Any Customer who subscribes for or purchases or otherwise
avails of any and all services and/or products of JPB other than
via the Website shall be bound by the Terms.
3.3 By and upon requesting information from, or placing an Order
or otherwise treating or dealing with, JPB other than via the Website,
a Customer is deemed to have accepted and to be bound by the Terms.
4. Orders 4.1 If any Customer submits to JPB an Order, that Order will constitute
an irrevocable offer by the Customer to buy goods and/or services
from JPB subject to the Terms.
4.2 JPB may accept any Order by e-mail 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 e-mailed or other written acceptance of an Order
will be effective at the time dispatched 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 Once an Order has been accepted by JPB it may not be
cancelled without JPB's agreement. In the unlikely event that goods
that are the subject of an Order are despatched by JPB in a condition
that JPB, in its absolute discretion, deems to have been materially
damaged, JPB may, in the event that the Customer to whom the said
goods are despatched does not wish to keep them, at its absolute
discretion, provide such replacement goods or offer credits against
future purchases as JPB deems appropriate provided that: (i) the
Customer returns the goods that are or have been the subject of
the Order aforesaid to JPB; (ii) the goods so returned are (a)
unused, and (b) returned within 14 days of receipt of same by the
Customer; and (iii) the Customer bears any additional delivery
costs incurred by JPB under or pursuant to this clause 4.5.
4.6 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 hereof, 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. Description of Goods or Services 5.1 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).
5.2 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.
5.3 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.
5.4 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.
6. Price and Payment 6.1 Subject to clause 5.4 hereof, 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.
6.2 The price is payable in pounds sterling exclusive of any applicable
value added or other sales tax and duties. 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.
6.3 Customers who have goods supplied to them by JPB: (I) pursuant
to a Standing Order with JPB shall pay any costs of delivery associated
with a Supplementary Order; (ii) 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.
6.4 Before JPB can process and accept Customers' orders, Customers
must give JPB their accurate and full name, address, telephone
number (if any), e-mail address (if any) and valid credit card
information (or some other means of payment that is acceptable
to, and accepted by, JPB).
6.5 Upon acceptance of orders by JPB, JPB may process credit card
payments.
7. Delivery 7.1 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.
7.2 Delivery normally takes between 15 and 28 working days from
acceptance of 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.
7.3 If, following acceptance of an Order, JPB is unable to deliver
any or all goods to a Customer's address (or to such address as
a Customer may specify pursuant to clause 7.1 of the Terms) within
90 days of acceptance of the relevant Order (with the exception
of advance orders for goods due to be available or released at
a later date), JPB will, if the Customer who made the Order so
wishes, refund to that Customer the price of the goods that are
the subject of that Order less any costs incurred by JPB. JPB does
not accept any other liability for non-delivery.
7.4 Customers will bear the risk of damage to or loss of the goods
in transit and JPB
will insure the goods whilst in delivery at Customers' cost, if
requested in writing to do so.
8. Force majeure 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.
9. Warranties in respect of Goods 9.1 Subject to paragraph 5 of the Terms, JPB warrants that goods
will correspond with their specification at the time of delivery
and will be of a quality deemed by JPB, in its absolute discretion,
to be satisfactory quality at the time of their delivery.
9.2 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.
9.3 In the event of a breach of paragraph 9.1 hereof 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 free of charge and bear additional delivery charges incurred
by the Customer.
9.4 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.
10. Specific Responsibilities of Customer 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.
11. Exclusion of Warranties and Liability 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. In the event
that this exclusion of liability 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 to by the Customer during the twelve months preceding the
event giving rise to liability.
12. Data Protection and Privacy 12.1 JPB values Customer privacy. JPB will use Customer
personal data in the manner set out in its privacy policy (as amended
from time to time) (the " Privacy Policy ")
which is hereby incorporated into these Terms by reference. Customers
hereby consent to the collection and use of personal data by JPB
in the manner set out in the Privacy Policy . A single copy of
the Privacy Policy shall be provided by JPB to each Customer upon
written request by or on behalf of that Customer PROVIDED THAT
subject to the absolute discretion of JPB, only one copy of any
one version of the Privacy Policy shall be provided by JPB to each
Customer.
12.2 From time to time JPB may wish to share
information supplied by a Customer with other philatelic bureaux
and organisations that provide products and/or services that may
be of interest to that Customer. If you, a Customer, do not wish
us to share your Customer details and information with other philatelic
bureaux and/or organisations, please tick here:  .
PLEASE NOTE that JPB is a part of Jersey Post, and that by providing
information to JPB, you are providing and are deemed to consent
to the provision of information to Jersey Post.
12.3 JPB may be required to disclose information to third
parties for the purposes 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.
13. Copyright 13.1 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.
13.2 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: (iI
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); (ii) contravene the law/s of
Jersey or the law/s of any other jurisdiction; (iii) prejudice
in any way any or all rights of JPB in any respect whether under
copyright legislation or other legislation in Jersey or elsewhere.
14. Term and Termination Each Customer agrees to remain bound by these Terms unless JPB
earlier terminates, suspends or otherwise limits the Terms.
15. Applicable Law 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 hereof.
16. General 16.1 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.
16.2 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.
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