The term ‘Jersey Oak’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is Jersey Oak, La Rue de la Forge, Grouville Jersey JE3 9BH. The term ‘you’ refers to the user or viewer of our website.
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
- Any information you submit to us will only be used by Jersey Oak Ltd will not be passed on to a 3rd Party without your prior consent.
In these Conditions:
“Contractor” means Jersey Oak Ltd;
“Contract Price” means the price payable by the Client to the Contractor for the Works, as varied in accordance with these conditions;
“Client” means the person named as such in the Quotation;
“Quotation” means the Contractor’s Quotation referring to these Conditions;
“Works” means the Works as described in the Quotation.
2. CONTRACT FORMATION
Acceptance of the Contractor’s Quotation by the Client constitutes a Contract for the Contractor to carry out the Works in accordance with these Conditions and all terms and conditions inconsistent with these Conditions are excluded.
3. GENERAL OBLIGATIONS
3.1 The Contractor will exercise reasonable skill and care in the performance of the Works.
3.2 The Client will give the Contractor access to its premises (and where required mains water and electricity) as reasonably required by the Contractor to enable it to carry out and complete the Works without interference by the Client or by other contractors of the Client.
3.3 The Contractor will take every reasonable precaution to minimise damage to the ground whilst working. The Client must accept that if there is minor damage under these circumstances that it is not the responsibility of the Contractor to finance the repairs.
4.1 If the Client wishes to vary any of the Works it will inform the Contractor who will, as soon as practicable, notify the Client of the estimated cost of the variation and the effect on the Contract period.
4.2 Unless the Client withdraws his request for a variation when he receives the Contractor’s estimate, the Contract Price will be adjusted in accordance with the Contractor’s estimate (or as otherwise agreed between the Client and the Contractor) and an appropriate extension of time for completion of the Works shall be agreed. Or, the Contractor will complete the works on a fixed hourly rate of £28 per hour of site work, £50 per hour of workshop work.
4.3 If a variation is made orally, either the Contractor or the Client must confirm it in writing, and both must give assent to it and validate this in writing.
4.4 The Contractor will notify the Client if it encounters any difficulties which it could not have reasonably foreseen when submitting the Quotation and in those circumstances, a fair and reasonable adjustment to the Contract Price and/or Contract period will be made.
Unforeseen encounters include the following:
- Changing weather conditions preventing or restricting working hours.
- Delays caused by other contractors on the clients premises.
- Delays caused by theft or damage to equipment or materials by a third party.
4.5 The Contractor reserves the right not to comply with any requests for a variation which would increase the value of the Works by more than 25% of the original Contract Price.
4.7 Where variations necessitate additional time or an extension of time to the original programme, unless otherwise agreed, the extension of time will be established on a pro-rata bases of variation cost against the original contract cost and contract duration
5. CONTRACT PRICE & PAYMENT
5.1 The Contract Price is stated in the Quotation and it may be varied in accordance with these Conditions.
5.2 The Client shall pay the Contractor the Contract Price in accordance with the payment terms in the Quotation or as set out below
- The client will pay the Contractor a deposit of an agreed percentage of the contract value prior to the commencement of the contract, and this amount will be confirmed in writing to the client prior to the commencement of the contract. This deposit will be deducted from the last interim payment
- The agreed valuation and interim payment dates will be confirmed in writing prior to the commencement of the contract and attached with the quotation.
- The client will pay the contractor on a fortnightly basis with payments being made no later than seven days on issue of the detailed valuation or invoice.
- The agreed valuation and interim payment dates will be confirmed in writing prior to the commencement of the contract and attached with the quotation.
- The valuation issued for interim payment will include the percentage of works complete, material on site and any deposit paid by the contractor for materials and services not yet on site but that will be required to carry out the contract.
- The first valuation will include the set up costs that has been allocated within the prelims section, this will equate to 50% of the total preliminary items, with the remaining prelims will be valued equally throughout the contract duration or unless previously agreed otherwise and confirmed in writing between the client and the contractor.
- If the client wishes to query the amount of the requested valuation and interim payment, they must do so in writing so not to delay the payment as per the agreed payment dates.
5.3 Late payment entitles the Contractor to interest at a rate calculated daily from the due date until the date of actual payment.
6.1 The Contractor shall take out and maintain the following insurances (except as otherwise agreed or stated in the Quotation):
- Joinery insurance for the full reinstatement value of the value of specific properties and as outlined by the terms of the insurance policy.
- Public Liability Insurance
- Employer’s Liability Insurance
6.2 The Contractor will provide the Client upon request during the Contract period evidence that the insurances are in place.
6.3 Where the Works are to be carried out in an existing building, the Client will be responsible for insurance of the Works with the Contractor named as co-insured.
7. HANDOVER & DEFECTS LIABILITY
7.1 The Contractor will give the Client notice of its intention to hand over the Works and give the Client the opportunity to inspect the Works prior to handover. The Contractor will confirm the date of handover to the Client.
7.2 The Contractor will be responsible for remedying defects in the Works which appear within 12 months from the date of handover and which are promptly notified to the Contractor by the Client who will give the Contractor full access to carry out any remedial works.
7.3 The Contractor will have no liability to the Client, in contract or in tort, for any indirect or consequential loss incurred by the Client, including but not limited to loss of use or loss of profit. The sole responsibility of the Contractor will be to remedy defects for which it is responsible and which are notified to it during the 12 months defects liability period.
8.1 The Contractor may give notice to terminate the Contract if the Client fails to make any payment becoming due within 7 days of the due date or commits any other material breach of the Contract.
8.2 The Client may give notice to terminate the Contract if the Contractor commits a material breach and, in the case of a breach capable of remedy, fails to take steps to remedy the breach within 28 days of being requested to do so in writing.
8.3 Either party may terminate the Contract if the other party becomes insolvent or has a receiver, manager or administrative receiver or liquidator appointed.
8.4 Termination will not affect the accrued rights and liabilities of the parties at the termination date.
All notices shall be in writing and effective when delivered to the address for service of the recipient as shown on the Quotation, or to another address of which notice has been given under this clause. Notices sent by post shall be treated as delivered 2 working days after posting.
Neither party will assign any of its rights or obligations under the Contract without the prior written consent of the other.
Every dispute shall be finally determined by the courts of [Jersey].
9.4 Governing Law
The Contract shall be governed by the laws of [Jersey].
9.5 Entire Agreement
The Quotation and their contents constitute the only agreement between the parties and supersede any previous arrangements, agreements or understandings relating to the Works.
JERSEY OAK E-COMMERCE T&Cs
“Product” means any item including vouchers which are displayed for sale or are sold on the Site.
“Purchaser” means anyone purchasing one or more products the Site
“the Site” means www.Jersey Oak.com
2. ACCEPTANCE OF TERMS
These Terms and Conditions govern the use of this Site. By using this Site you agree to these Terms and Conditions and the Terms and Conditions of any Sellers’ that you purchase from.
These provisions set out the terms and conditions on which you may use the Site. The T&Cs may alter from time to time which you will see by looking on the Site.
By using the Site you agree to be bound by these Terms and if you do not agree to be so bound then you should not use the Site.
3. ABOUT US
Jersey Oak is a Jersey based private limited company registered with the Jersey Financial Services Commission, Registered Number 111264 under the Companies (Jersey) Law 1991.
4. CONTENT OF JERSEY OAK
The content on each product page is the responsibility of the Seller. If there are any inaccuracies please contact the Seller directly. Every effort has been made to ensure the accuracy of the content on Jersey Oak but no liability is accepted by Jersey Oak for the information provided.
5. THE LAW
It is the Seller’s responsibility to comply with all relevant legislation pertaining to the sale of goods on the Site including but not limited to The Supply of Goods and Services (Jersey) Law 2009, The Distance Selling (Jersey) Law 2007 and the Goods and Service Tax (Jersey) Law 2007. Jersey Oak assumes no liability in this regard. Any actions taken by Jersey Oak to help Seller’s comply with relevant laws or provide a system that aims to comply does not alter the Seller’s obligations or mean that Jersey Oak assumes any liability.
6. ACCESS TO OUR SERVICES
Access to our Services is permitted on a temporary basis. We reserve the right to withdraw or amend the services we provide without notice. We will not be liable if any of the Services are unavailable at any time or for any period, for any reason.
If you have a user ID code, password or other information as part of our security procedures, you must treat this as confidential and must not disclose it to anyone. We have the right to disable any such passcode if in our opinion you have failed to comply with any of the provisions of these Terms.
The contract price for any goods and services on Jersey Oak is the price as advertised on Jersey Oak at the time of acceptance of your order. Postage may be additional to this, please see the product description or contact the seller directly to clarify. At the date of the soft launch all prices include any relevant taxes for sale in Jersey. If items are available for delivery outside of Jersey they may be subject to additional charges and/or taxes. Information about the taxes and charges are available from the Sellers.
Jersey Oak is not liable for the payment of any Sales taxes due on the products for sale on Jersey Oak, all such responsibility and liability remains with the Sellers.
For Mainland UK customers, VAT is added during purchase.
Payment will be taken through Paypal, SagePay and other outlets. Jersey Oak may keep any of your payment details and all payments are secured by our payment providers.
Please see the individual product page information for delivery details or contact the relevant seller. Jersey Oak is not responsible for the delivery of any of the goods available for sale on the Site. Delivery schedules are 6 to 8 weeks. These can vary depending on availability of stock. If you have a specific date an order is needed by please contact us before placing your order to ensure that these dates can be met. We are unable to provide refunds once a product has been ordered from our suppliers.
Most orders can be cancelled for up to 7 days of being ordered in accordance with Distance Selling (Jersey) Law 2007.
It is the responsibility of the Purchaser to notify Jersey Oak Ltd immediately if there is a problem with a product. The Purchaser is responsible for returning the product, whether in person or by post and for proof of postage if relevant.
Gift vouchers. These are not eligible for refund.
Non-cancellable purchases. Unless an item is faulty returns are not usually available.
Should you have any problems resolving an issue regarding a refund or return, please contact us at info@JerseyGardens.com
11. AGE RESTRICTIONS
You must be 18 years or older to purchase items on the Site.
12. LIMITATION OF LIABILITY
Our liability to you for our breaking these terms and conditions is limited to refunding any money you have already paid for the Products which you have not received from the Supplier or that the Supplier deems due to you in the event of the return of the goods.
We do not accept liability for any errors and omissions however will endeavour to do our best to correct any errors and omissions as soon as practicable after we become aware of them.
13. SUMMARY OF JERSEY OAK’S SERVICES
When you purchase goods and/or services the resulting contract is between you Jersey Oak Ltd. That contract comprises of these Customer Terms, the e-mail confirmation of your order and the applicable details on the product page, and you agree to be bound by all such provisions.
You should carefully review the Customer Terms, the e-mail confirmation of your order and the applicable details on the product page in relation to the order. If there is any conflict or inconsistency between these Customer Terms and the email confirmation for your order or the applicable details on the product page, these Customer Terms shall prevail to the extent of the conflict or inconsistency.
Efforts have been taken by Jersey Oak to ensure that items sold on the Site are of a high standard and quality. However we cannot give any confirmation that goods and/or services you purchase from Jersey Oak Ltd from third parties or retailers will be of satisfactory quality, and this and any other such warranties (whether express or implied) are disclaimed by us absolutely to the fullest extent permitted by law. Where you order goods and/or services through the Site we may disclose your customer information related to that transaction to the relevant third party/retailer.
Information on the site is subject to change and items are sold as seen.
14. CONTRACT TERMS
14.1 In accordance with Distance Selling (Jersey) Law 2007 Jersey Oak Ltd must define when a distance selling contract begins and ends. A ‘contract’ is formed when the item has been dispatched. The customer will receive two confirmation emails; the first outlines their order and provides them with an opportunity to cancel, the second confirms a dispatch and allows us to review the order and take payment. Payment is not taken until the item is dispatched. The contract is formed from receipt of the second email.
14.2 A contract terminates when the item has been delivered. The client must contact Jersey Oak Ltd. if an item has not arrived.
14.3 Exemptions and further stipulations relating to the terms of contracts and their cancellation are subject to articles 11-19 of the aforesaid Law.
14.4 If cancellation by the customer takes place; the customer has 7 days from the start of the contract, the sending of a dispatch note from Jersey Oak Ltd to the customer, to cancel the contracts as stated in the aforesaid Law. The customer will be refunded by Jersey Oak Ltd price of goods and the cost of delivery. The customer must return the goods at their own expense.
15.7 Jersey Oak is PCI DSS compliant. You can access our Web site home page and browse our site without disclosing your personal data. We collect the personal data that you may volunteer while using our services. We do not collect information about our visitors from other sources, such as public records or bodies, or private organizations.
15.8 You may choose to register yourself, giving us your e-mail address to enable us to identify you. You may optionally elect to have us send you email using that address. This email falls into two categories. One is information on orders (for example, updating you about your purchases, or sending you a receipt etc. The second category is informational, low volume marketing information – in particular we send out a periodic newsletter or new products, and very occasionally send out information about sales.
15.9 In order to purchase things at our online store, you will need to give us certain personal information (name, e-mail address, telephone number, address(s), credit card type, number, expiration, and CVV2 value). We store your contact information in our order entry system. We do not store your credit card details. In fact, your credit card information never passes through our site—it is captured directly by our payment gateway.