1 WHO WE ARE
1.1 St John Commercial Services T/A St John Healthcare (“SJCS”, “we” or “us”) is a limited company registered in Guernsey with company number 46097. Its registered office is St John Commercial Services T/A St John Healthcare, Ambulance Station, Rohais, Guernsey, GY1 1YN.
1.2 To contact us, telephone our sales team on 01481 729 268, or please email firstname.lastname@example.org or you can write to us at: St John Healthcare, Ambulance Station, Rohais, Guernsey, GY1 1YN. Details of how to give us formal notice under the Contract are set out in Clause 18 below.
2.1 These terms and conditions (“Terms”) apply when you order any goods from us via our website www.stjohnshop.gg or in person at our retail premises at Rohais, GY1 1YN. We supply those Goods to you (“Contract”). You should print a copy of these Terms or save them to your computer for future reference. No other terms are implied by trade, custom, practice or course of dealing.
2.2 Unless you have a separate written agreement with us which sets out different terms for the order and supply of Goods between you and SJCS which specifically amends or disapplies these Terms:
(a) this Contract is the entire agreement between you and SJCS in relation to the purchase and supply of goods to you; and
(b) no terms, conditions or specifications included with your order will form part of the Contract.
2.3 By submitting an order for Goods on our website, via retail shop, or by email or phone, you agree to the Terms of this Contract.
3 PLACEMENT OF ORDER AND ACCEPTANCE
3.1 Please follow the prompts on our website to place an order. You can also telephone us or email us to place your order using the contact information set out in Clause 1.2 above. Each order is an offer by you to buy the Goods specified in your order subject to these Terms.
3.2 Please check the order carefully before confirming. You should take similar care when submitting your order by telephone or email. You are responsible for ensuring that your order is complete and accurate.
3.3 After you place an order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. We will confirm our acceptance to you by sending you an email that confirms that the Goods have been dispatched (“Dispatch Confirmation”). The Contract between you and us will only be formed when we send you the Dispatch Confirmation.
3.4 If we are unable to supply you with the Goods for any reason, we will inform you of this by email or telephone and we will not process your order. If you have already paid for the Goods, we will refund you the full amount via your original payment method including any delivery costs charged as soon as possible.
4 OUR GOODS
4.1 The images of the Goods on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Goods. The colour of your Goods may vary slightly from those images.
4.2 The packaging of the Goods may vary from that shown on images on our website or any other documentation featuring the Goods.
4.3 Details contained on our website or within our flyers (including, without limitation, descriptions, illustrations, specifications and technical information) are as supplied by manufacturers and should be used as guidance only. SJCS relies on the information provided by the manufacturers and provides no guarantee that any Goods will conform exactly as described in such catalogues and on the website. You must satisfy yourself in relation to the suitability of any goods ordered.
4.4 Unless stated otherwise, nothing on our website shall be taken as a representation of the origin of manufacture or production of any item (or any part thereof).
4.5 We reserve the right to amend the specification of the Goods or withdraw the Goods from sale at any time, including if required by any applicable statutory or regulatory requirement.
5 PRICES AND DELIVERY COSTS
5.1 The prices of the Goods will be as quoted on our website at the time you submit your order and are exclusive of VAT for Guernsey residents with GY postcodes. SJCS reserves the right to amend the prices without notice and any change in price will not affect Goods already ordered by you.
5.2 The prices of the Goods do not always include delivery charges and you are responsible for these costs. For more information about delivery costs, please refer to the shipping and delivery page on our website at www.stjohnshop.gg
6.1 Unless otherwise agreed in writing with SJCS, you can only pay for Goods using a debit card or credit card via Worldpay. We accept payment by Visa and MasterCard. SJCS has 30-day payment terms (SJ Bacs) in place for special businesses and account holders. If you wish to apply for an account on a 30-day payment term. Please email email@example.com or call the Commercial Manager on 01481 729268 to apply this to your business/individual account.
6.2 Payment for the Goods and all applicable delivery charges is in advance, unless you are a SJ Bacs customer. We will not charge your debit card or credit card until we dispatch your Goods. Upon submission of your order we will contact your debit or credit card company to process a pre-authorisation in an amount equal to the total price of your order. By placing an order you consent to us doing so. For further information please contact us using the contact information set out in Clause 1.2 above.
7 DELIVERY, RISK AND TITLE OF THE GOODS
7.1 Very rarely, our delivery to you may be affected by a Force Majeure Event. See Clause 12 for our responsibilities when this happens.
7.2 Delivery is complete once the Goods have been unloaded at the address for delivery set out in your order and the Goods will be at your risk from that time.
7.3 It may not be possible to dispatch all the Goods ordered at the same time. SJCS reserves the right to dispatch separate items in instalments. SJCS will use its reasonable endeavours to advise you of the anticipated dispatch dates of the instalments and to deliver in accordance with those anticipated dispatch dates. However, SJCS shall not be liable for the consequences of any failure to notify you of anticipated dispatch dates or any delay beyond the anticipated dispatch date. Any failure by SJCS to notify you of a delay shall not, on its own, entitle you to terminate the Contract or withhold payment.
7.4 You own the Goods once we have received payment, including payment of all applicable delivery charges, in full.
7.5 If the Goods are not delivered, you must notify us as soon as possible following the anticipated dispatch date and in any event within 5 days of the invoice date. If the Goods are not delivered, our liability will be limited to providing you a full refund, via your original payment method, of the cost you paid for the Goods. However, we will not be liable to the extent that any failure to deliver was caused by a Force Majeure Event, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of Goods.
8.1 The Goods are intended for use only in the Bailiwick of Guernsey. We do not warrant that the Goods comply with the laws, regulations or standards outside of the Bailiwick of Guernsey.
8.2 We provide a warranty that the Goods are of satisfactory quality and are fit for the purpose held out by us.
8.3 Some of the Goods we sell to you come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Goods.
9 REFUNDS, REPAIRS AND REPLACEMENTS OF GOODS
9.1 If the Goods supplied are in breach of the warranty in Clause 9.2, you are entitled to compensation as follows:
(a) Within 30 days of delivery of the Goods, you may:
(i) reject the faulty Goods and request a refund; or
(ii) request that we repair or replace faulty Goods.
(b) If the repair or replacement (i) does not work, (ii) is impossible;(iii) cannot be provided by us within a reasonable time or (iv) is not provided, you may, within 6 months from the date of the first delivery of the Goods:
(i) reject the defective goods and claim a refund; or
(ii) retain the defective Goods and receive a price reduction.
This obligation will not apply where:
(a) the Goods have been improperly altered in any way whatsoever, or have been subjected to misuse or unauthorised repair; or:
(b) in the case of their fitness for purpose, the Goods were produced in accordance with any particular specification provided by you;
(c) the damage is due to reasonable wear and tear, wilful damage, negligence or abnormal working conditions; or
(d) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or good trade practice (if applicable).
9.2 If you reject faulty Goods, you must return the faulty Goods to us within 14 days of exercising your right to reject the Goods or request that the Goods are repaired or replaced. All returns must be accompanied by the original receipt. Before attempting to return the Goods to us you must contact our customer services team using the contact information set out in Clause 1.2 above to obtain information on how to return the Goods. We will pay the costs of returning Goods that we consider to be faulty.
9.3 If you request a repair or replacement, we will use our reasonable efforts to provide the repair or replacement within a reasonable time and without significant inconvenience to you. If we cannot do that, or it is disproportionate for us to repair and/or replace the Goods, we will offer you a refund via your original payment method.
9.4 If we provide you with a replacement of any faulty Goods received by you, the replacement Goods will belong to you and the faulty Goods will belong to SJCS and must be returned to SJCS. Any replacement Goods will be subject to these Terms following delivery.
1O CANCELLATION BY CONSUMERS
10.1 Contracts with Consumers are governed, in part, by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”). Guernsey does not have the equivalent to this law (Consumer Contract) until implementation in the future, therefore SJCS follows set UK legislation. Under the Regulations, if you are a Consumer who purchases Goods from our website, by telephoning us or by emailing us you are entitled to change your mind about your purchase and, subject to the terms set out in this Clause 10, cancel this Contract within 14 days without giving any reason and receive a refund via your original payment method.
10.2 The cancellation period will expire after 14 days from the day on which you (or someone you nominate) receives delivery of the Goods unless:
(a) your Goods are split into several deliveries over different days: In this case, you will have 14 days after the day you (or someone you nominate) receives the last delivery; or
(b) your Goods are for regular delivery over a set period: In this case, you will have 14 days after the day you (or someone you nominate) receives the first delivery of the Goods.
1O.3 Your right as a Consumer to change your mind does not apply in respect of: (a) products sealed for health and hygiene purposes once these have been unsealed after you receive them; and (b) any products which become mixed inseparably with other items after their delivery.
10.4 To end the Contract with us, please email our customer services team at firstname.lastname@example.org. You can also write to us at the address given above. Please provide your name, address, details of the order and your contact details phone number and email address.
10.5 You must return the Goods within 14 days of telling us you wish to end the Contract. Before attempting to return the Goods to us you must contact our customer services team using the contact information set out in Clause 1.2 above to obtain information on how to return the Goods and a returns authorisation number. You must pay the cost of returning the Goods to us (unless the Goods are considered by us to be faulty or you have received the incorrect Goods). You will receive a refund for the Goods returned to us without undue delay and not later than 14 days after the day we receive back from you any Goods supplied or (b), if earlier, 14 days after the day you provide evidence that you have returned the Goods. We will make the refund using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise.
11 CANCELLATION BY SJCS
11.1 We may end the Contract for a Good at any time by writing to you if: (a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due; (b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Goods, for example, supplying a correct delivery address; or (c) you do not, within a reasonable time, allow us to deliver the Goods to you or collect them from us.
12 FORCE MAJEURE
12.1 SJCS will not be liable or responsible for any failure or delay or for the consequences of any failure or delay in performance of any of our obligations under this Contract if it is due to any event beyond our reasonable control, including, without limitation, acts of God, war, industrial disputes, protests, fire, flood, storm, tempest explosion, an act of terrorism, national emergencies and pandemics (“Force Majeure Event”).
12.2 If a Force Majeure Event takes place that affects the performance of our obligations under the Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Force Majeure Event. Where the Force Majeure Event affects our delivery of Goods to you, we will arrange a new delivery date for the Goods with you after the Force Majeure Event is over.
12.3 If the Contract is affected by a Force Majeure Event which has continued for more than 60 days, either you or SJCS may cancel the Contract by giving notice in writing to the other. Both you and SJCS must take all reasonable steps to mitigate any loss caused by the Force Majeure Event.
13.1 Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or in respect of the implied warranties contained in the Consumer Rights Act 2015 or any other liability that cannot be limited or excluded by law. Guernsey does not have the equivalent to this law (Consumer Rights Act 2015) until implementation in the future, therefore SJCS follows set UK legislation.
13.2 Subject to Clause 13.1, under no circumstances will SJCS be liable, whether in contract, tort (including negligence, breach of statutory duty, restitution or otherwise) for any damage or direct, indirect, or consequential loss (all three of which terms include, without limitation, pure economic loss or loss of profits, sales, business, revenue, depletion of goodwill and like loss) howsoever caused.
13.3 Subject to Clauses 13.1 and 13.2, SJCS total liability to you for all losses arising under or in connection with the Contract will be limited in all circumstances to the amount paid for the Goods concerned.
14.1 Please contact us as soon as possible if you have a complaint. If you do have a complaint, both you and SJCS shall use their reasonable endeavours to resolve it as soon as practicable.
14.2 You can contact us using the contact details below if you have a complaint: Customer Services St John Healthcare, Ambulance Station, Rohais, GY1 1YN. Telephone: 01481 729268 Email: email@example.com
14.3 If we cannot resolve the complaint within 30 days of it being received, then you and SJCS shall act in good faith to agree on and implement a method of alternative dispute resolution.
14.5 If the parties fail to agree on an alternative dispute resolution method within 60 days, the parties confirm that the dispute will then become subject to the exclusive jurisdiction of the Guernsey/Jersey Courts.
15 DATA PROTECTION
15.1 Please read our Privacy Notice.
SJCS reserves the right to update these Terms from time to time. We will publish the updated Terms on our website in the case of any amendments.
Cancellation notice: If you are a Consumer and you wish to cancel the Contract, you may email us or write to us.
To: Customer Services, St John Healthcare, Ambulance Station, Rohais, Guernsey, GY1 1YN firstname.lastname@example.org