SUPPLY OF SERVICES

TERMS AND CONDITIONS

 
Introduction

 

Please read all of these Terms and Conditions for the Supply of Services. As I can accept your order and make a legally enforceable agreement without further reference to you, you must read these Supply of Services Terms and Conditions to ensure they contain all you want and that there is nothing you are unhappy with.

Application

 

1. These Terms and Conditions will apply to the purchase of the services and any associated goods by you (the Customer or you) from me. I am James Paxton Priestley, trading as J.P. Priestley of Aberystwyth, Ceredigion, Wales, with the email address J.P.Priestley@pm.me (the Supplier or me, my, or I). These Supply of Services Terms and Conditions will be amended by me when my professional body, the Chartered Institute of Editing and Proofreading, have published their model terms and conditions, which are currently under review.

2. These are the terms on which I sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Services (and any associated Goods) from this Website if you are eligible to enter into a contract and are at least 18 years old. In using this Website and agreeing to these Supply of Services Terms and Conditions, you represent and warrant that you are at least eighteen years of age.

 

Interpretation

 

3. Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft, or profession.

4. Contract means the legally binding agreement between you and me for the supply of the Services.

5. Delivery Location means the Supplier’s premises or other location where the Services are to be supplied, as set out in the Order.

6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored.

7. Goods means any associated goods that I supply to you with the Services (as applicable), of the number and description set out in the Order.

8. Order means the Customer’s order for the Services from the Supplier as submitted following the step-by-step process set out on this Website.

9. Privacy and Cookie Policy means the terms which set out how I deal with confidential and personal information received from you via this Website.

10. Services means the services advertised on this Website, including any associated Goods (as applicable), of the number and description set out on the Order.

11. Website means my website https://www.jppriestley.com/ on which the Services are advertised.

 

Services

 

12. The description of the Services and any associated Goods is as set out on my Website, or in catalogues, brochures, or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of any associated Goods supplied.

13. In the case of Services and any associated Goods made to your requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

14. All Services which appear on this Website are subject to availability.

15. I can make changes to the Services which are necessary to comply with any applicable law or safety requirement. I will notify you of these changes.

 

Customer Responsibilities

 

16. You must co-operate with me in all matters relating to the Service, provide me and my authorised employees and representatives (if any) with access to any premises under your control as required, provide me with all information required to perform the Services and obtain any necessary licenses and consents (unless otherwise agreed).

17. Failure to comply with the above is a Customer default which entitles me to suspend performance of the Services until you remedy it or if you fail to remedy it following my request, I can terminate the Contract with immediate effect on written notice to you in a Durable Medium.

 

Personal Information and Registration

 

18. When registering to use this Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.

19. I retain and use all information strictly under the terms of my Privacy and Cookie Policy.

20. I may contact you by using email or other electronic communication methods and by pre-paid post and you expressly agree to this.

 

Basis of Sale

 

21. The description of the Services and any associated Goods on my Website does not constitute a contractual offer to sell the Services or associated Goods. When an Order has been submitted on this Website, I can reject it for any reason, although I will try to tell you the reason without delay.

22. The Order process is set out on this Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.

23. A Contract will be formed for the Services ordered only when you receive an email from me confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform me immediately of any errors. I am not responsible for any inaccuracies in the Order placed by you. By placing an Order, you agree to me giving you confirmation of the Contract by means of an email with all the information in it (i.e., the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any associated Goods supplied under the Contract, and before performance begins of any of the Services.

24. Any quotation or estimate of Fees (as defined below) is valid for a maximum of 28 days unless I expressly withdraw it at an earlier time.

25. No variation of the Contract, whether about description of the Services, Fees, or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier using a Durable Medium of communication.

26. I intend that these Supply of Services Terms and Conditions apply only to a Contract entered into by you as a Customer. If this is not the case, you must tell me, so I can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g., by giving you rights as a business.

 

Fees and Payment

 

27. The fees (Fees) for the Services, the price of any associated Goods (if not included in the Fees) and any additional or other charges is that set out on this Website at the date I accept the Order, or such other price as I may agree with you using a Durable Medium of communication. Prices for Services may be calculated on a fixed price or on a standard daily rate basis.

28. Fees and charges include VAT at the rate applicable at the time of the Order, subject only to the Supplier being VAT Registered, in which event I will show my VAT Registration Number in the footer of this Website.

29. You must pay by submitting your credit or debit card details with your Order and I can take payment immediately or otherwise before delivery of the Services.

 

Delivery

 

30. I will deliver the Services, including any associated Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement:

(a) in the case of Services, within a reasonable time, and

(b) in the case of associated Goods, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.

31. In any case, regardless of events beyond my control, if I do not deliver the Services on time, you can require me to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.

32. In any case, regardless of events beyond my control, if I do not deliver any associated Goods on time, you can (in addition to any other measures) treat the Contract at an end if:

(a) I have refused to deliver the associated Goods, or if delivery on time is essential considering all the relevant circumstances at the time the Contract was made, or you said to me before the Contract was made that delivery on time was essential, or

(b) after I have failed to deliver on time, you have specified a later period which is appropriate to the circumstances, and I have not delivered within that period.

33. If you treat the Contract at an end, I will (in addition to other remedies) promptly return all payments made under the Contract.

34. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any associated Goods or rejecting the associated Goods that have been delivered and, if you do this, I will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected associated Goods. If the associated Goods have been delivered, you must return them to me or allow me to collect them from you and I will pay the costs of this.

35. If any of the associated Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those associated Goods without also cancelling or rejecting the Order for the rest of them.

36. I do not generally deliver to addresses outside England, Wales, Scotland, Northern Ireland, the Isle of Man, and the Channel Islands. If, however, I accept an Order for delivery outside those areas, you may need to pay import duties or other taxes, as I will not pay them.

37. You agree I may deliver any associated Goods in instalments if I suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.

38. If you or your nominee fail, through no fault of mine, to take delivery of the associated Goods at the Delivery Location, I may charge the reasonable costs of storing and redelivering them.

39. The associated Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the associated Goods before accepting them.

 

Risk and Title

 

40. Risk of damage to, or loss of, any associated Goods will pass to you when the associated Goods are delivered to you.

41. You do not own the associated Goods until I have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, I can choose, by notice to cancel any delivery and end any right to use the associated Goods still owned by you, in which case you must return them or allow me to collect them.

 

Withdrawal and Cancellation

 

42. You can withdraw the Order by telling me before the Contract is made, if you simply wish to change your mind and without giving me a reason, and without incurring any liability.

43. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply to a contract for the following goods and services (with no others) in the following circumstances:

(a) goods that are made to your specifications or are clearly personalised.

(b) goods which are liable to deteriorate or expire rapidly.

 

Right to Cancel

 

44. Subject as stated in these Supply of Services Terms and Conditions, you can cancel this Contract within 14 days without giving any reason.

45. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier, indicated by you, acquires physical possession of the last of any associated Goods. In a contract for the supply of services only (without goods), the cancellation period will expire 14 days from the day the Contract was entered into. In a contract for the supply of goods over time (i.e., subscriptions), the right to cancel will be 14 days after the first delivery.

46. To exercise the right to cancel, you must inform me of your decision to cancel this Contract by a clear statement setting out your decision (e.g., using a Durable Medium of communication). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form I have provided.

47. You can also electronically complete and submit the model cancellation form or any other clear statement of the Customer’s decision to cancel the Contract on my website https://www.jppriestley.com/. If you use this option, I will communicate to you an acknowledgement of receipt of such cancellation in a Durable Medium (e.g., by email) without delay.

48. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

 

Commencement of Services in the Cancellation Period

 

49. I must not begin the supply of a service (being part of the Services) before the end of the cancellation period unless you have made an express request for the service.

 

Effects of Cancellation in the Cancellation Period

 

50. Except as set out below, if you cancel this Contract, I will reimburse to you all payments received from you, including the costs of delivery (except for supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by me).

 

Payment for Services Commenced During the Cancellation Period

 

51. Where a service is supplied (being part of the Service) before the end of the cancellation period in response to your express request to do so, you must pay an amount for the supply of the service for the period for which it is supplied, ending with the time when I am informed of your decision to cancel the Contract. This amount is in proportion to what has been supplied in comparison with the full coverage of the Contract. This amount s to be calculated on the basis of the total price agreed in the Contract or, if the total price were to be excessive, on the basis of the market value of the service that has been supplied, calculated by comparing prices for equivalent services supplied by other traders. You will bear no cost for supply of that service, in full or in part, in this cancellation period if that service is not supplied in response to such a request.

 

Deduction for Goods Supplied

 

52. I may make a deduction from the reimbursement for loss in value of any associated Goods supplied, if the loss is the result of unnecessary handling by you (i.e., handling the associated Goods beyond what is necessary to establish the nature, characteristics, and functioning of the associated Goods, e.g., it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay me the full amount of that loss.

 

Timing of Reimbursement

 

53. If I have not offered to collect any associated Goods, I will make the reimbursement without undue delay, and not later than:

(a) 14 days after the day I receive back from you any associated Goods supplied, or

(b) (if earlier) 14 days after the day you provide evidence that you have sent back the associated Goods.

 

54. If I have offered to collect any associated Goods or if no associated Goods were supplied or to be supplied (i.e., it is a contract for the supply of services only), I will make the reimbursement without undue delay, and not later than 14 days after the day on which I am informed about your decision to cancel this Contract.

 

55. I will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

 

Returning Associated Goods

 

56. If you have received associated Goods in connection with the Contract which you have cancelled, you must send back the associated Goods or hand them over to me at a mutually agreed location in Aberystwyth, Ceredigion, Wales, without delay and in any event not later than 14 days from the day on which you communicate to me your cancellation of this Contract. The deadline is met if you send back the associated Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the associated Goods.

 

57. For the purposes of these Cancellation Rights, these words have the following meanings:

(a) distant contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded.

(b) sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

 

Conformity and Guarantee

 

58. I have a legal duty to supply any associated Goods in conformity with the Contract and will not have conformed if it does not meet the following obligation.

 

59. Upon delivery, the associated Goods will:

(a) be of satisfactory quality.

(b) be reasonably fit for any particular purpose for which you buy the associated Goods which, before the Contract is made, you made known to me (unless you do not actually rely, or it is unreasonable for you to rely, on my skill and judgment) and be fit for any purpose held out by me or set out in the Contract, and

(c) conform to their description.

 

60. It is not a failure to conform if the failure has its origins in your materials.

 

61. I will supply the Services with reasonable skill and care.

 

62. I will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the manufacturer of any associated Goods. Details of the guarantee, including the name and address of the manufacturer, the duration and territorial scope of the guarantee, are set out in the manufacturer’s guarantee supplied with the associated Goods. This guarantee will take effect at the time the associated Goods are delivered and will not reduce your legal rights.

 

63. In relation to the Services, anything I say or write to you (using a Durable Medium), or anything someone says or writes to you (using a Durable Medium) on my behalf, about me or about my Services, is a term of the Contract (which I must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by me or on behalf of me on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).

 

Duration, Termination, and Suspension

 

64. The Contract continues as long as it takes me to perform the Services.

 

65. Either you or I may terminate the Contract or suspend the Services at any time by a written notice (using a Durable Medium) of termination or suspension to the other if that other:

(a) commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice, or

(b) is subject to any step towards its bankruptcy or liquidation.

 

66. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.

 

Successors and My Sub-Contractors

 

67. Either party can transfer the benefit of this Contract to someone else and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

 

Circumstances Beyond the Control of Either Party

 

68. In the event of any failure by a party because of something beyond its reasonable control:

(a) the party will advise the other party as soon as reasonably practicable, and

(b) the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery (and the right to cancel below).

 

Privacy

 

69. Your privacy is critical to me. I respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

 

70. These Supply of Services Terms and Conditions should be read alongside, and are in addition to my other policies, including my Terms and Conditions Policy (https://www.jppriestley.com/terms-conditions-policy) and Privacy and Cookie Policy (https://www.jppriestley.com/privacy-cookie-policy).

 

71. For the purposes of these Supply of Services Terms and Conditions:

(a) ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.

(b) ‘GDPR’ means the UK General Data Protection Regulation.

(c) ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning in the GDPR.

 

72. I am the Data Controller of the Personal Data I Process in providing the Services and any associated Goods to you.

 

73. Where you supply Personal Data to me so I can provide Services and any associated Goods to you, and I Process that Personal Data in the course of providing the Services and associated Goods to you, I will comply with my obligations imposed by the Data Protection Laws:

(a) before or at the time of collecting Personal Data, I will identify the purposes for which information is being collected.

(b) I will only Process Personal Data for the purposes identified.

(c) I will respect your rights in relation to your Personal Data, and

(d) I will implement technical and organisational measures to ensure your Personal Data is secure.

 

74. For any enquiries or complaints regarding data privacy, email J.P.Priestley@pm.me.

 

Excluding Liability

 

75. The Supplier does not exclude liability for: (i) any fraudulent act or omission, or (ii) death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, I m not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (e.g., loss of profit) to your business, trade, craft, or profession which would not be suffered by a Consumer – because I believe you are not buying the Services and any associated Goods wholly or mainly for your business, trade, craft, or profession.

 

Governing Law, Jurisdiction, and Complaints

 

76. The Contract (including any non-contractual matters) is governed by the law of England and Wales.

 

77. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland and Northern Ireland.

 

78.

I manage disputes/complaints as follows:

(a) I will devise a Complaint Handling Policy for this Website (currently being crafted). In the meantime:

(b) Customers are entitled to send one or more complaints concerning any aspect of this Website and its operation by email to J.P.Priestley@pm.me, ensuring they keep a copy of their email submission for future reference. I will send an acknowledgment (encrypted email receipt) by return at the earliest opportunity (see (c) below) following the arrival of the Customer’s initial complaint via my email provider, ProtonMail.

(c) I aim to respond to emails from Customers within two business days, and to propose any remedy, as appropriate, within ten business days. Business days are Monday to Friday, 9 a.m. to 5 p.m. excluding public holidays.

(d) I will provide the Customer with one or more progress reports, as appropriate, following my formal response to their initial complaint.

(e) Where a Customer believes I might have contravened one or more conditions of the Code of Conduct of my professional body (see 79 below), they are also at liberty to contact that professional body to make a formal complaint about my conduct. Information may be found here.

(f) Customers are reminded that points 76 and 77 (above) may be relied upon as a remedy, as appropriate to the circumstances.

(g) Adherence to one or more of the above remedies does not affect the Customer’s statutory (legal) rights.

 

It is my aim to achieve a mutually beneficial outcome to any dispute/complaint.

 

79. I follow a Code of Conduct for the supply of services and general professional conduct, a copy of which you can obtain from the Chartered Institute of Editing and Proofreading on their website at https://www.ciep.uk/standards/code-of-practice/.

 

Changes to These Supply of Services Terms and Conditions

 

80. I reserve the right to change these Supply of Services Terms and Conditions, as I may deem necessary from time to time or as required by law. I will post any changes immediately on this Website, and I will deem you to have accepted these Supply of Services Terms and Conditions on your first use of this Website following the alteration(s).

 

I, James Paxton Priestley, trading as J.P. Priestley of Aberystwyth, Ceredigion, Wales, operate this Website found at https://www.jppriestley.com/.

 

To discuss any part of these Supply of Services Terms and Conditions, please email J.P.Priestley@pm.me. I aim to respond to emails from site users within two business days, and to propose any remedy, as appropriate, within ten business days. Business days are Monday to Friday, 9 a.m. to 5 p.m. excluding public holidays.

Signed this 13th day of September 2022.

(Version 1.0. - 13 September 2022)

(These Supply of Services Terms and  Conditions were created

with the legal assistance of Rocket Lawyer)