Terms & Conditions

1. General

1. These terms apply whenever we agree to sell our goods to the exclusion of any other or inconsistent terms unless otherwise agreed in writing by a Director.
2. No order placed by you shall be deemed to be accepted by us until a written acknowledgement of the order is issued by us or (if earlier) we deliver the goods to you.
3. We reserve the right, for reasons of continuous improvement, to make changes to the items shown in this catalogue.
4. In order for us to update and improve our range, we reserve the right to remove selected styles at the end of each catalogue year.
5. We do our best to limit variations in colour, but owing to technical constraints there may be appreciable differences in colour between our products and the images of them in the catalogue. There may also be appreciable variations in colour between different batches of the same products.
6. We make every effort to ensure that the descriptions of items are accurate, but in the event of an error being made, this will be notified to you at the time of ordering.
7. We are a business-to-business supplier and therefore this catalogue, and these terms, are addressed to business customers only.

2. Delivery and Carriage

1. Delivery is made at your premises. At our discretion we may deliver the goods in reasonable instalments. Each instalment is to be treated as a separate contract, and you must accept and pay for instalments accordingly.
2. You must pay our delivery charges in addition to the quoted price.
3. You must notify us in writing of any claim for nondelivery or late delivery of or damage to the goods in transit within 7 days of the date of the invoice for them. Our liability in respect of any such claim notified to us within 7 days is limited to replacement of the goods or refund of the price, at our discretion, and does not extend to any indirect or consequential loss.

3. Prices

1. The price of the goods will be the current price in force at the date of despatch. All prices exclude delivery charges, VAT and, where applicable, for deliveries to Jersey, States of Jersey Goods and Services Tax (GST). Any delivery charges, VAT and GST (if applicable) are payable in addition to the contract price.
2. If you are a Consumer (as defined in the Consumer Protection (Distance Selling) Regulations 2000), you may treat the prices in this catalogue as offers valid for 12 months from 1 September in the first year to which this catalogue relates. For business customers, current prices will be communicated by telephone on enquiry.
3. You must pay our reasonable extra charges in respect of (a) any special arrangements made at your request in order to expedite delivery; (b) any costs, expenses and liabilities we may incur because you have given inadequate or inaccurate instructions.

4. Time Estimates

1. Subject to availability, we aim to despatch goods within 2 working days of order and delivery by our chosen carrier usually takes a further 5 working days, but this is only an estimate and time is not of the essence.

5. Payment

1. We may invoice you for the goods together with any applicable delivery charges and VAT when they, or any instalment of them, is dispatched to you or to your designated recipient.
2. Payment is due and you become liable to pay for goods on delivery of our invoice, unless agreed credit terms apply, in which case you must pay in accordance with them.
3. Despite any agreed credit terms all payments for goods supplied, whether or not invoiced, become immediately due if anything in paragraphs 7.2(a) to (c) happens.
4. We will exercise our stautory right to claim interest and compensation for debt recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998 (as amended) if you do not pay amounts due to us by the due date.

6. Risk

1. The risk in the goods passes to you when the goods are delivered to you or to your designated recipient.

7. Ownership

1. We retain ownership of the goods until the price of them has been paid in full. Until ownership of the goods has passed to you, you must:
   (a) hold the goods on a fiduciary basis as our bailee;
   (b) store the goods (at no cost to us) separately from all other goods of yours or any third party in such a way that they remain readily identifiable as our property;
   (c) not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; and (d) maintain the goods in satisfactory condition and keep them insured on our behalf for their full price against all risks to our reasonable satisfaction. On request you must produce the policy of insurance to us.
2. If you:
   (a) do not pay any invoice of ours within 7 days after it has become due or
   (b) pass or call a meeting to pass a resolution for liquidation, or a petition for liquidation, administration or bankruptcy is presented against you, or
   (c) become subject to a liquidation, administration or bankruptcy order, or to any distress or execution on or receivership over any of your assets or make an arrangement with your creditors. Then you must cease at once to use any of our goods not then paid for and must return to us any of them remaining in your possession on request. On asking for them in writing we are entitled, without incurring any liability to you, to enter your premises and remove and re-sell such of our goods as are to be found there.
3. Nothing in paragraphs 7.1 or 7.2 gives you the right to return the goods without our consent, except in accordance with our returns policy referred to in paragraph 10.

8. Force Majeure

1. If we are unable to perform due to any circumstances beyond our control we may suspend performance while those circumstances subsist, and subject to paragraph 9.1, any agreed date or period for delivery is to be regarded as extended accordingly.

9. Suspension and Cancellation

1. If any period of suspension of deliveries under paragraph 8 lasts for more than three months, either of us may cancel the contract by written notice without penalty, but you will still have to pay us for any goods actually delivered.
2. If any payment due to us from you under this or any other contract is in arrears, we may suspend further deliveries under any of those contracts, and if payment is not made within 7 days, after we have served a demand in writing on you referring to this paragraph, we may cancel any of those contracts and re-sell the goods concerned without incurring any liability to you. Your failure to comply with a demand for payment under this paragraph is to be regarded as a repudiation of the contract, and we shall be entitled to damages accordingly.

10. Returns Policy

1. You may return unused goods for full credit up to 30 days after delivery, so long as they are not made to order, tabbed or personalised in any way, have not been worn, or altered in any way, are still in the original packaging and otherwise fit to be returned to stock.
2. Where faulty goods are returned to us for replacement, we reserve the right to credit or refund their price instead of replacing them.
3. Subject to paragraph 10.4, Consumers (see paragraph 3.2) have the additional right to cancel any order without charge at any time up to the eighth working day after they have received the goods. This right may be exercised by informing us in writing within that period that the Consumer does not wish to proceed with the order, and returning any goods delivered.
4. Paragraph 10.3 does not apply to any goods which have been made to order or personalised in any way.

11. Training Policy

1. Telephone conversations may be monitored or recorded as an aid to training, so that we can enhance the performance of our customer service staff.

12. Limitation on Liability

1. We will refund or credit the price of faulty goods, or replace them (at our discretion) but we will not be liable to you for any other loss or damage, direct or indirect, consequential or otherwise, whether or not we have been negligent, but subject to paragraph 12.2.
2. Nothing in these terms affects our liability for death or personal injury resulting from our own negligence.

13. Samples

1. Samples will be invoiced to you on despatch and will be repaid or credited in full provided they are returned to us carriage paid, unused and within 30 days of delivery otherwise the price, including any applicable carriage and VAT becomes immediately payable.

14. Intellectual Property

1. You acknowledge that all intellectual property rights (including patents, trade marks, trade secrets, copyright, database rights, designs, inventions, know how and any other industrial or intellectual property rights of any nature whatsoever, whether registered, registrable or not, whether present or future, in any part of the world) in all items created by, or provided to you by, Simon Jersey (including goods described in Simon Jersey's catalogue; bespoke goods ordered by you; and images, designs and other materials in Simon Jersey's catalogue and on Simon Jersey's website) shall (as between you and Simon Jersey) belong to and vest in Simon Jersey absolutely to the fullest extent permitted by law.
2. You are permitted to use Simon Jersey�s intellectual property for the sole purposes of ordering goods from Simon Jersey and using such goods for your own business purposes.
3. Other than as set out in paragraph 14.2 above, you are not permitted to use, reproduce, copy or distribute Simon Jersey's intellectual property without Simon Jersey's prior written consent.

15. Set Off

1. You are not entitled to set off any debt or claim against payment of the contract price or other amounts owing to us.

16. English Law

1. Subject to paragraph 16.2 this contract is governed by and is to be construed and interpreted exclusively in accordance with English Law and both parties submit to the non-exclusive jurisdiction of the English Courts.
2. Alternative terms, for outside UK, may apply if goods are purchased through a Simon Jersey agent/distributor. Please contact your agent/distributor for details. Imprint: Simon Jersey Limited. Chris Claydon-Butler, Managing Director. Syke Side Drive, Altham, Accrington, Lancashire. BB5 5YE.