Terms & Conditions
Introduction
These Terms apply to each person who wishes to access or use this Website ("User"). In order to access and use this Website, each User must accept these Terms and will be deemed to do so by accessing or using this Website.
Definitions
User Any person who accesses and uses the Philatelic Website to subscribe for or purchase Guernsey and/or Alderney philatelic products;
GPL Guernsey Post Limited containing the division "Guernsey Philatelic Bureau";
Website A site owned and operated by Guernsey Post Limited and accessible via www.guernseystamps.com and www.guernseypost.com
1. Basic Requirements
Each User must comply with the following basic standards:
(a) All information and activities must be legal, decent and honest (in terms of Guernsey's and the User's applicable law and standards);
(b) Data protection legislation within Guernsey and the User's applicable law must be adhered to in order that personal information is not traded or disclosed illegally;
(c) Each User must comply with generally accepted principles of Internet usage including (without limitation) refraining from sending or implanting mail bombs, Trojan horses, viruses or other disruptive programs or devices and refraining from violating the security of the Website;
(d) Each User must comply with any other applicable standards, laws and regulations as the same are created from time to time.
2. Specific Responsibilities of User
(a) Each User is solely responsible for maintaining the confidentiality of any logon ID applicable to this Website and for its use. As traffic on this Website and in any discussion groups may be monitored, evidence of use of any logon ID can be produced to support or defend any dispute or actionable cause or matter that arises in relation to the same;
(b) Where Users collaborate with one another as a result of use of this Website, they do so as independent contracting parties. Users acknowledge that GPL will not in any way be construed as a party to such collaboration nor be liable nor responsible in any way for the dealings of such collaboration or the parties to such collaboration.
3. Responsibilities of Guernsey Post Limited
(a) Where applicable to any service provided through this Website, GPL will check/confirm the identity of Users before a logon ID is given for any User utilising this Website;
(b) GPL may, at its absolute discretion, administer the Complaints Procedure specified in paragraph 4;
(c) In administering the Complaints Procedure, GPL will not act in the capacity of arbitrator, conciliator, judge or adviser to or between any User or third parties;
(d) GPL may, at its absolute discretion, suspend or discontinue the Complaints Procedure in whole or in part or in relation to any complaint.
4. Website Complaints Procedure
(a) GPL will deal with complaints as soon as practicable and where necessary, call upon evidence of the applicable Users or third parties in dispute;
(b) Sanctions available to GPL will include the following;
(c) Removing materials and hyperlinks from and to the Website and/or suspending or expelling any User from accessing or using this Website;
(d) referring the matter to the appropriate law enforcement agency, where the dispute is of a criminal or illegal nature;
(e) referring the matter or the Users or complainants to a court of competent jurisdiction if the dispute necessitates the same.
5. Indemnity and Waiver
(a) Each User agrees to indemnify and keep indemnified GPL, its successors and assigns, and each of their respective directors, officers, employees and agents (collectively "Associates") from and against any and all liability, damages, losses, claims (including reasonable legal fees) resulting in any way from the User's use of and from any material posted on this Website including but not limited to use of the information contained on this Website or arising from any introduction or collaboration resulting therefrom or otherwise arising from using this Website.
(b) Each User waives any right to bring any claim or action against GPL or its Associates for any loss, damage or injury arising from use of this Website or any material from this Website or from these Terms.
6. Exclusion of Warranties and Liability
(a) GPL does not warrant the content, accuracy or veracity of any material or other information on this Website, the responsibility for which rests with each User;
(b) Each User accepts this Website "AS IS" with any faults or failings and without any representation, warranty or guarantee whatsoever, express or implied, including without limitation any implied warranty of accuracy, completeness, quality, merchantability, fitness for a particular purpose or non-infringement. No warranty in respect of downtime is given or implied;
(c) Except as expressly provided in these terms and except in respect of personal injury or death caused by GPL's negligence, in no event will GPL 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 User's access to, or use of this Website, any material thereon or any goods, materials or services available therefrom, whether based in contract, tort and whether negligent or otherwise, even if GPL 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, GPL's aggregate total liability to any User for all such damages and losses shall be limited to the fees paid to GPL in connection with this Website by the User suffering loss during the twelve months preceding the event giving rise to liability.
7. Term and Termination
Each User agrees to remain bound by these Terms (as amended from time to time) for as long as they remain a User of this Website and wishes to use this Website unless GPL earlier terminates, suspends or otherwise limits access to this Website and/or discussion group in accordance with paragraph 4 or as it otherwise deems is appropriate.
8. Applicable Law
Each User agrees that these Terms and any dispute arising in any way in relation to this Website will be governed by and construed in accordance with the applicable laws of Guernsey and the Courts of Guernsey shall have exclusive jurisdiction in respect hereof.
9. Orders for Goods or Services
(a) If any User submits to GPL an order to buy goods and/or acquire services, his/her order will constitute an irrevocable offer by the User to buy goods and/or services from GPL subject to these terms;
(b) GPL may accept any User's order by e-mail. Until GPL expressly does so, no contract will exist between the User and GPL. Credit card payment by email will not be accepted and GPL will not take responsibility for any details sent in unencrypted form ;
(c) If GPL is unable to accept a User's order for goods due to insufficient stocks, GPL will notify the User and may suggest alternative goods. If the User wishes to purchase the alternative goods, the User will need to resubmit an amended order to GPL;
(d) GPL's e-mailed acceptance of an order will be effective at the time the acceptance is dispatched to a User from its offices in Guernsey (whether or not received). The resulting contract between GPL and any User will be deemed to be formed in Guernsey;
(e) These conditions may not be varied by Users unless such variations have been expressly agreed in writing by GPL;
(f) Once a User's order has been accepted by GPL it may not be cancelled by Users without GPL agreement. If Users do not wish to keep the goods ordered GPL may, at its absolute discretion, provide replacement goods or offer credits against future purchases provided that Users return the goods to GPL unused and undamaged within 28 days and bear any additional delivery costs;
(g) Online orders are automatically accepted and confirmation via email is sent to Users. A maximum order value of £200 and a minimum order value of £5.00 will be accepted against a credit card.
10. Description of Goods and Price
(a) The quantity, quality and description of the goods and/or services will be those set out in the User's order ( if accepted by GPL );
(b) GPL has made every effort to display as accurately as possible the colours of its goods that appear on this Website. However, as the actual colours Users see will depend on their monitor and other factors, GPL cannot guarantee that the display of any colour on the User's equipment will be accurate;
(c) GPL reserves the right to make any changes to the specification of the goods and/or services that may be required to conform with any applicable statutory or regulatory requirements or which do not materially affect their quality or performance;
(d) GPL may correct, at any time, without any liability on its part, any typographical, clerical or other error or omission in this Website or any sales literature, price list, acceptance or other information issued by GPL.
11. Price of and Payment
(a) The price of the goods and/or services shall be the price listed in the Website's price list current at the date of acceptance of any User's order;
(b) The price is payable in pounds sterling exclusive of any applicable value added or other sales tax. Users will be responsible for the payment of any applicable value added or other sales taxes and duties payable upon importation of goods into the European Union or any other country of destination;
(c) The cost of delivery is identified and added to the price of the goods on the on-line order form;
(d) Before GPL can process and accept User's orders, Users must give GPL their accurate and full name, address, telephone number, e-mail address and valid credit card information ;
(e) Upon online acceptance of orders by GPL, credit card payments are automatically processed through a secure payment provider. No other payment methods will be accepted by GPL.
12. Delivery
(a) Following payment, GPL will arrange delivery of goods by post to Users' addresses provided that they accord with credit card details;
(b) Delivery normally takes between 5 and 10 working days from acceptance of order, depending on location, method of payment and the availability of goods; up to 28 days should be allowed for new issue orders. Any dates quoted for delivery of the goods are approximate only. GPL will not be liable for any delay in delivery of the goods howsoever caused;
(c) If GPL is unable to deliver the goods to Users for any reason within 30 days of acceptance of orders, GPL will, if requested by the User, refund to the User the price of the goods. GPL does not accept any other liability for non-delivery.
(d) Once an Order has been accepted by GPL it may not be cancelled without GPL's agreement. In the unlikely event that goods that are the subject of an Order are despatched by GPL in a condition that GPL, in its absolute discretion, deems to have been materially damaged, GPL 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 GPL deems appropriate provided that: (i) the Customer returns the goods that are or have been the subject of the Order aforesaid to GPL; (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 GPL under or pursuant to this clause 4.5.
13. Warranties in respect of Goods
(a) Subject to Section 10 of these Terms, GPL warrants that goods and/or services will correspond with their specification at the time of delivery and will be of satisfactory quality at the time of their delivery;
(b) 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;
(c) In the event of a breach of paragraph 13(a), upon return of the goods, GPL will refund to Users the price of the goods and/or services. GPL shall have no further liability to Users;
(d) In any event GPL shall not be liable to Users or be deemed to be in breach of its contract by reason of any delay in performing, or any failure to perform, any of GPL's obligations in relation to the goods and/or services, if the delay or failure was due to any cause beyond GPL's reasonable control.
14. General
(e) In the event that any provision in these Terms is determined to be unenforceable or invalid, such provision shall be severed and the remaining provisions shall be enforceable to the fullest extent permitted by the applicable Law;
(b) These Terms supersede any prior understanding or agreements regarding this Website.
15. Data Protection
GPL will use your personal data in the manner set out in its data protection registration (as amended from time to time). Users hereby consent to the collection and use of personal data by GPL in the manner set out in its data protection registration (as amended from time to time).
16. Copyright
This Website and its contents are protected by copyright and Users may use this Website and its contents only in the manner set out in the copyright notice (as amended from time to time) which is hereby incorporated into these terms by reference. Users should check the copyright notice frequently for changes.
(a) All Website design, text, graphics, the selection and arrangement thereof, and all software compilations, underlying source code, software (including applets ) and all other material on this Website ("the Materials") are copyright to GPL and its Associates, or their content and technology providers. All rights reserved;
(b) You may not download, store and use the Materials for your own personal or non-commercial use. You may not republish, retransmit, redistribute or otherwise make the Materials available to any other person or make the same available on any Website, on-line service or bulletin board of your own or of any other person or make the same available in hard copy or on any other media to any other person without GPL's express prior written consent.
17. Feedback
(a) All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to GPL by Users through, on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website ("Comments") shall be and remain GPL's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to GPL of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments;
(b) Users agree that no Comments submitted to this Website will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). Users further agree that no Comments submitted by Users to this Website will be or contain libelous or otherwise unlawful, abusive or obscene material. Users are and shall remain solely responsible for the content of any Comments.
18. Links
To the extent that this Website contains links to outside Websites' services and resources, the availability and content of which GPL does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.
19. Privacy
We value your privacy. We will not share customer information with any unaffiliated third parties for marketing purposes.
In order for us to provide a complete online service we must collect a certain amount of your personal information. However, we protect your account information by placing it on a secured portion of our Website . Please note we are not responsible for the security of data residing on your or third party servers.
Please note we may be required to disclose information for the purposes of providing the billing/payment service, resolving disputes, analysis, required by law or government agencies, regulators or courts in any relevant jurisdiction.