Terms and Conditions for the Sale of Products

The Jersey Royal Company Limited

IMPORTANT INFORMATION  –  PLEASE READ
Please read the following important terms and conditions before you buy anything on our website. These terms and conditions set out your and our legal rights and responsibilities and provide key information about the basis on which we will sell products to you.  

By placing an order, you agree to be bound by these terms and conditions.

1. Information – About Us & How to Contact Us

1.1 We are The Jersey Royal Company Limited, trading as Jersey Fine Tea, a company registered in Jersey with registration number 101374.  Our registered office is at PO Box 437, 1st Floor Kensington Chambers, 46/50 Kensington Place, St Helier, Jersey JE4 0ZE.

1.2 As we are a Jersey company, we do not have a VAT registration number. Our GST (Goods and Services Tax) number is 0025009.

1.3 You can contact our customer service team by:

1.3.1 Telephone: 01534 850402  

1.3.2 Post: Southfork,  Rue du Trot,  St Saviour,  Jersey,  JE2 7JQ

1.3.3 Email:  customerservices@jerseyfinetea.com

1.4 If we need to contact you, for example if we need to provide any additional information about  your order, we will call you or write to you, using the contact details you provide in your order.

1.5 We may record calls for quality and training purposes.

2. About these Terms and Conditions

2.1 In these terms and conditions:

2.1.1 website means our website at www.jerseyfinetea.com

2.1.2 we, us or our means The Jersey Royal Company Limited, trading as Jersey Fine Tea

2.1.3 you or your means the person using our website to buy products from us

2.1.4 products means the tea products which we make available for purchase at any time on our website

2.2 When we refer to writing or written,  this includes email.

2.3 Any words following the terms includingincludein particularfor example or any similar expression is for illustration only and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

2.4 If you don’t understand any of these terms and want to talk to us about them, please contact us using the contact details above.

3. Our contract with you and the ordering process

3.1 The following explains the process you will go through to place an order and how the contract for the sale of products to you, will be formed.

Step 1 – Choosing your products

You can browse our products which are available for purchase. 

You can select products for purchase by clicking on the items you are interested in and then clicking “Add to basket”.

Step 2 – Reviewing your basket

You can review the products added to your basket and change the contents.  Simply click on “View basket”.  

You can also enter a coupon code by including the number and clicking on “Apply coupon”.  Entering a valid coupon code and clicking “Apply coupon” will update the total.  You can also enter a coupon on the checkout page.

Step 3 – The checkout page

Once you have finished browsing, you can proceed by clicking on “Proceed to Checkout”. 

You will then be asked to input your billing details and delivery details.

You also have the possibility of providing us with any special delivery instructions. 

On this page, you will also be given a summary of your order.  

Please check all details very carefully and correct any mistakes or change the products which you want to order if they are incorrect.  Any incorrect information such as an incorrect delivery address will be your responsibility and is likely to cause problems with or delay your order.

Step 4 – Accepting our terms, payment and placing the order

You will be asked to choose a payment method and then will be taken to the appropriate page depending on how you wish to pay.  Please enter all payment details correctly and check the information carefully before placing your order. 

We accept payment by most major credit and debit cards.

Before you place the order, you should read our terms and conditions carefully. If you are happy to proceed, click to confirm your acceptance of the terms. 

In order to place the order and proceed with the purchase, you will need to click “Place order”.

Step 5 – Order Confirmation

Once you have placed the order and we have confirmation that payment is authorised, we will send you an order confirmation email. Please retain a copy of the order confirmation email and keep it for your records.  

Our sending the order confirmation means that your order has been accepted and at that point, the contract between us will be formed

Finally, when the products have been dispatched to you, you will receive another email, confirming that your order is on its way to you.

4. Other important information about ordering

4.1 If we are unable to accept your order, we will inform you and will not charge you for the relevant products.  This is typically for the following reasons but there may be other reasons:

4.1.1 the products are unavailable or out of stock

4.1.2 we cannot authorise your payment

4.1.3 you have ordered too many products

4.1.4 there has been a mistake on the pricing or description of the products

4.2 We will assign an order number to your order and tell you what it is when we accept your order.  If you need to contact us about an order please quote the order number.

4.3 These terms and conditions apply solely to the sale of our products in the UK.  If you are in one of the other countries to which we ship products, then other, country specific terms and conditions may  apply which are relevant to your country.

4.4 We reserve the right to impose limits at any time, on the volume of products which may be included in any one order and we may also restrict the number of orders any one customer may place.  We supply products for domestic and private use only and you should not purchase products with a view to resale as a business or similar.

5. Information on our website

5.1 Product images on our website are for illustration.  Your product may vary slightly from those images, bearing in mind in particular, that tea is a natural product.

5.2 The packaging of the product may also vary slightly from that shown in images on our website, including as to colour shades.

5.3 The information provided about our product range, including the brewing guide on the website is provided for general guidance only and you should refer to the product packaging when you receive the product for more detailed information.

6. Changes to your order that you might wish to make

6.1 If you wish to make a change to an order you have placed, you can contact us using the contact details referred to above.  We will let you know if the change is possible.

6.1.1 If we are able to make a change, we will tell you about any effect on price, delivery and any other matters which we reasonably consider are relevant to any change requested and you can then decide whether you wish to change your order or keep it as it is.  We can usually accommodate changes to an order prior to the point at which we send the fulfilment email to you. You may be able to cancel if you prefer, in accordance with the process in clause 9 below.

6.1.2 If we are not able to change your order but you don’t wish to proceed, you may be able to cancel it in accordance with the process explained in clause 9 below but this will depend on timing as further explained below.

7. Our product – variations and changes

7.1 We reserve the right to make changes to the products we offer for sale on our website at any time (though this will not affect any order you have already placed).

7.2 Tea is a natural product and the exact qualities arising from and nature of any given crop will vary.

7.3 We provide no guarantee that any product will continue to be made available and we reserve the right to withdraw any of our products at any time.

7.4 We may also suspend the supply of a product in some circumstances such as if a crop has not grown or is not available in sufficient volume or quantity. We may also modify the product to reflect changes in relevant laws and regulatory requirements, for example food labelling requirements or the rules relating to weights and measures.

7.5 Where we suspend the supply of a product and this will affect an order you have already placed with us but which we have not yet dispatched, we will tell you that we need to suspend that particular product.  You may contact us to cancel the contract for a product if we suspend or tell you we will suspend its supply for longer than thirty days and we will refund any sums you have paid in advance for the product which is no longer being supplied.

8. Delivery arrangements

Cost

8.1 The costs of delivery will be as displayed on our website.

8.2 If at any time, we make offers available on product, prices or delivery charges, we reserve the right to withdraw those offers at any time.

Timing and delivery arrangements

8.3 We will let you know during the order process when you should expect to receive the products but those timelines are indicative only.

8.4 If product supply is unduly delayed by an event outside our control, we will contact you as soon as possible to let you know and will take reasonable steps to minimise the effect of the delay. In such circumstances we will not be liable for delays caused by the event.   If the delay is or risks becoming substantial, you may contact us to end the contract and we will issue a refund for any products you have paid for but not received.

8.5 If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you how to rearrange delivery or collect the products from a local depot.  If following a failed delivery, you fail to rearrange delivery or collect them from the local depot, we will contact you for further instructions and may charge you for any further delivery costs.

8.6 If despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection within a reasonable period, we may end the contract and clause 11.1 will apply.

8.7 Other than from a designated depot in the case of failed delivery, customer collection is not possible.

8.8 When you place an order, you may provide particular instructions to us including as to delivery.    Any such instructions you provide should be reasonable and we do not guarantee that we can always follow or allow for those instructions.

8.9 We use third party service providers to handle delivery on our behalf.   This is usually Jersey Post, Royal Mail and their partners but we may change our delivery partners at any time and without notice to you provided that our service to you is not substantially affected.

8.10 We aim to dispatch your order within 1-2 working days for orders placed before 2pm GMT Monday to Thursday. Orders placed after 2pm GMT on a Thursday or on a Friday, Saturday or Sunday will be dispatched  by the following Wednesday at the latest. Orders placed on a Jersey public holiday will usually be dispatched the next working day.

Late delivery

8.11 We will deliver the products to you as soon as reasonably possible and in any event no later than 30 days after the day on which we accept your order.

8.12 You have legal rights if we deliver products late.  If we miss the delivery deadline for any products,  you may treat the contract as at an end straight away if any of the following apply:

8.12.1 we have refused to deliver the products

8.12.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances), or

8.12.3 you told us before we accepted your order that delivery within the delivery deadline was essential

8.13 If you do not wish to treat the contract as at an end straight away, or do not have the right to do so, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet it.

8.14 If you do choose to treat the contract as being at an end for late delivery under clause 8.12, or clause 8.13, you can cancel your order or reject some or all of the products that have been delivered in which case we will refund any sums you have paid to us for the cancelled products and for their delivery charges you have paid. Where the products you are rejecting have been delivered to you, you must return them to us and we will pay the costs of postage. Please speak to customer services for further details or instructions.

Items damaged on delivery

8.15 You should inspect the products when you receive them for obvious damage. Items delivered by courier which are clearly damaged on delivery must be signed for as such or refused and returned to us.  Where products have been damaged in transit, please let us know as soon as possible.  All such damaged products should be returned to us, should be in their original packaging (even if damaged) and must not be used.

Incorrect items delivered

8.16 If we have dispatched an incorrect item and you wish to exchange it, please let us know and we will exchange it for the correct item and pay your costs of returning the item to us.

Ownership and responsibility

8.17 You will become responsible for the product from the time we deliver the product to the address you gave to us. 

8.18 You own a product once we have received full payment.

9. Your Rights to End the Contract

Summary

9.1 You have rights to end the contract with us in certain circumstances including:

9.1.1 if we deliver beyond a reasonable deadline – see clause 8 (late delivery);

9.1.2 because of something else we have done  – see clause 9.2;

9.1.3 because you change your mind BUT this is subject to timelines and certain deductions we may make – see clauses 9.3 and 9.4;

9.1.4 if the product is defective or not as described – see clause 12.  In those circumstances, you may also have a right to a replacement product or to get some or all of your money back.

Ending the contract because of something we have done

9.2 If you are ending a contract for a reason in the list below, the contract will end immediately when you tell us you wish to end the contract and we will refund you in full for any products which have not been provided.  The reasons are:

9.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to

9.2.2 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed

9.2.3 we have suspended supply of the products, or

9.2.4 there is a risk that supply of the products may be significantly delayed because of events outside our control (see in particular, clause 8.4)

9.2.5 you have a legal right to end the contract because of something else we have done wrong

Changing your mind – your cooling off rights in the Consumer Contracts Regulations 2013.

9.3 For  the products bought from us online, you have a legal right to change your mind and receive a refund.  This right lasts for 14 days following the date of receipt of the products. This right is often referred to as your “cooling off right”.

9.4 This period is extended if we send your order in a number of deliveries in which case you have until  14 days after the day you receive the last delivery, in which to change your mind about the products and cancel the contract by telling us that you wish to do so.

9.5 You do not have a right to change your mind in respect of any products which have been used (whether in whole or in part).

10. How to end the contract with us

10.1 To end the contract with us for any reason (including where you have changed your mind and wish to exercise your cooling off rights), please let us know by doing one of the following:

10.1.1 Email our customer service team at customerservices@jerseyfinetea.com, or

10.1.2 Write to us by post at Customer Services, Contract Cancellations Team, Southfork,  Rue du Trot,  St Saviour,  Jersey,  JE2 7JQ, or

10.1.3 Complete the cancellation form at the end of these terms. Either copy and paste the contents into an email, add the required details and email to customerservices@jerseyfinetea.com, or print and send to Customer Services, Contract Cancellations Team, Southfork, Rue du Trot, St Saviour, Jersey JE2 7JQ.

However you choose to contact us, please provide details about the products you purchased, when you ordered or received it and your name and address.  Please also provide your order reference number.

10.2 If you end the contract for any reason after products have been dispatched to you, you must return them to us. You must post them back to us at Customer Services, Contract Cancellations Team, Southfork,  Rue du Trot,  St Saviour,  Jersey,  JE2 7JQ.

10.3 If you are exercising your right to change your mind (your cooling off right) you must send  the products back to us within 14 days of telling us you wish to end the contract.

10.4 We will pay the costs of you sending the products back to us if:

10.4.1 the products are faulty or misdescribed, or

10.4.2 you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

10.5 In all other circumstances (including where you are exercising your right to change your mind i.e. exercising your cooling off right), you must pay the costs of return.

10.6 If you are responsible for the costs of return and we collect the product from you (for example, if you fail to return it to us), we will charge you the direct cost to us of collection. Collection costs will be the same as our charges for standard delivery.

10.7 We will refund any sums due to you by the method you used for payment. However, we may make deductions from the price refunded if you are exercising your right to change your mind i.e. exercising your cooling off right:

10.7.1 we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if caused by your handling them in a way which would not be permitted in a shop.   If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way or otherwise caused product damage you must pay us an appropriate amount. You must therefore take reasonable care of the products within the cooling off period;

10.7.2 the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, we will not refund a higher amount if you paid for a method of expedited delivery.

10.8 Please note that if you are exercising your cooling off right we will  refund your delivery costs if you tell us that you wish to cancel the contract and so exercise your statutory cooling off rights, within the first 14 days after you receive the products.  This is in line with your statutory rights.

10.9 Refunds will be made as soon as possible. If you are exercising your right to change your mind i.e. exercising your cooling off right, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.

11. Our rights to end the contract

11.1 We may end the contract at any time by writing to you if:

11.1.1 for any reason we accept your order before you have made payment and you do not make any payment to us when it is due and you still do not make payment within fourteen days thereafter;

11.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, such as your delivery information;

11.1.3 you do not, within a reasonable time, allow us to deliver the products to you.

If we end the contract in any of these situations, we will refund any money you have paid in advance for products which we have not provided but we may deduct or charge reasonable compensation for the net costs we incur as a result of your breaking the contract.

12. Defective products

12.1 If you have any questions or complaints about the product, please contact us using the same customer service details set out in clause 10.1.

12.2 We are under a legal duty to supply products that are in conformity with this contract, as described and which are fit for purpose and of satisfactory quality. Nothing in these terms will affect your statutory rights.  

12.3 To exercise your legal rights to reject defective products you must post them back to us.   We will pay the costs of postage (or collection if we agree to collect the products instead).  Please email our customer service team at  customerservices@jerseyfinetea.com if you require further information.

13. Price and Payment

13.1 The price of the product (which includes any relevant taxes) will be the price indicated on the checkout page when you placed your order.

13.2 If any taxation rate changes between your order date and the date we supply the product, we will adjust the rate that you pay in respect of tax, unless you have already paid for the product in full before the rate change takes effect.

13.3 We use our best efforts to ensure that the price of the product advised is correct.  However, if we discover an error in the price of the product you order;

13.3.1 where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount;

13.3.2 where the correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order;

13.3.3 where we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as  mispricing, we may end the contract, refund  any sums you have paid and require the return of any products provided to you.

13.4 We accept  most major credit cards and debit cards.

13.5 All payments by credit card or debit card need to be authorised by the relevant card issuer. You may also be required to complete extra security steps, such as:

13.5.1 Verified by Visa: https://www.visaeurope.com/making-payments/verified-by-visa/

13.5.2 Mastercard®SecureCodeTM: https://www.mastercard.co.uk/en-gb/consumers/features-benefits/securecode.html

13.6 We will do all that we reasonably can to ensure that all of the information you give us when paying for the products is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

13.7 You must pay for the products before we dispatch them. Payment is taken at the point of purchase.

13.8 If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of   the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

13.9 If you think an invoice is wrong please contact us promptly to let us know.

13.10 If your payment is not received by us and you have already received the products, you must:

13.10.1 pay for them within 14 days of receipt; or

13.10.2 return them to us as soon as possible. If so, you must keep the products in your possession, take reasonable care of them, and not use them before you return them to us.

13.11 If you do not return any products when you should have done (e.g. you have not paid for them) we may collect the products from you at your expense. We will try to contact you to let you know if we intend to do this.

13.12 All prices and payments shall be in pounds sterling (£)(GBP) unless otherwise stated.

14. Discount codes

14.1 Valid discount codes may be used to reduce the price of the products.

14.2 The total price must be equal to or exceed the value of the discount codes. No change can be given.

14.3 Discount codes may not be exchanged for cash.

15. Our liability to you

15.1 We do not in any way exclude or limit our liability to you where it would be unlawful to do so. This includes liability for:

15.1.1 death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;

15.1.2 fraud or fraudulent misrepresentation;

15.1.3 breach of your legal rights in relation to the products; and

15.1.4 defective product under the Consumer Protection Act 1987.

15.2 If we fail to comply with these terms or are negligent, we are responsible only for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.  This means that our liability to you will be limited to the reasonable losses which are foreseeable as a direct consequence of something we do (or fail to do).

15.3 We will not be liable to you in respect of any indirect or special losses which means that we will not be responsible or liable for any loss or damage you incur as a side effect or consequence of the direct, main loss or damage or for anything which we could not reasonably anticipate or which you incur without first allowing us a reasonable opportunity to remedy any default which we are responsible for, within an appropriate and reasonable period.

15.4 We only supply the products for domestic and private use.  If, despite this restriction, you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

15.5 Nothing in this clause or elsewhere affects your statutory rights including the rights which you have under the Consumer Rights Act 2015.

16. Complaints and disputes

16.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the products, our service to you or any other matter, please contact us as soon as possible.

16.2 If  after our customer service team has investigated your complaint, it has not been resolved, you may refer the dispute to an Alternative Dispute Resolution (ADR) provider.  ADR is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court.   While we are not a member of any ADR scheme, an example of an ADR provider which you could choose is The Retail Ombudsman. You can find more information about this provider at www.theretailombudsman.org.uk.  If you are not satisfied with the outcome, you may still bring legal proceedings in a court.  You can also choose to go to court and do not have to seek to resolve a dispute via ADR.

16.3 For further information, consumers can also contact a local Citizens Advice office.

17. Your Personal Information

17.1 In order to process your order, deliver your products, handle payments and deal with any after sales matters, we will need to collect and hold certain personal information about you such as you name, address and payment information.  Doing this is necessary for the proper performance of our contract with you.   We may also send information on news and offers once you become a customer or if you subscribe.

17.2 We will use your personal information as set out in our privacy policy which you can access at www.jerseyfinetea.com/privacy

18. Other Important Terms

18.1 We may transfer our rights under our contract with you to another business or company where we reasonably believe your rights will not be negatively affected.  If you are unhappy with the transfer you may contact us to cancel any orders you have placed which we are yet to fulfil at the time of the transfer.

18.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

18.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms except where we specifically agree.

18.4 Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unenforceable, all other clauses will remain in full force and effect.

18.5 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not later have to do those things and it will not prevent us taking steps against you at a later date.

18.6 These terms are governed by English law and (without affecting your other rights and remedies for example, in relation to ADR as explained above) you can bring legal proceedings in respect of the products or this contract in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products or this contract in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products or this contract in either the Northern Irish or the English courts.  If you live in the Channel Islands, you can bring legal proceedings in respect of the products or this contract in either the English courts or your local court in the Channel Islands.

18.7 We reserve the right to appoint any third parties to assist us in performing our obligations or providing products, as we decide.

18.8 The contract is the entire agreement and understanding between us regarding its subject matter and all other statements and terms whether written or verbal are excluded to the fullest extent that the law permits.

19. COVID-19 and other events beyond our reasonable control

19.1 From time to time, we may be affected by circumstances beyond our reasonable control.  This means that we may need to vary or delay the performance of our obligations under the contract if we are unable to perform or delayed in performing any of our obligations due to any reason beyond our reasonable control including (without limit) legislation, government acts or restrictions, pandemic or epidemic, fire, flood, failure of power supply, inclement weather, storm, crop failure, strike, employee or contractor stoppages, trade embargo or restrictions or similar or closure of a transport network.

The provisions in clause 19.1 also apply specifically to the Covid-19 pandemic, epidemic and its effects including any Government actions, rules, laws, advisories, sanctions, guidance or other actions of Government (whether central or local and in any jurisdiction) arising as a result of the Covid-19 pandemic, including, a lockdown, partial lockdown, social distancing requirements, quarantine or self-isolation requirements.

Model Cancellation Form

(Complete and return this form only if you wish to withdraw from the contract)

To:

Jersey Royal Company Limited, trading as Jersey Fine Tea

Southfork

Rue du Trot

St Saviour

Jersey  JE2 7JQ

I/We [*] hereby give notice that I/We [*] cancel my/our contract of sale of the following products:

Ordered on:

Received on:

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate

© Crown copyright 2013

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