Terms & Conditions
1. Introduction
This document sets out the terms and conditions on which Isle of Man Stamps & Coins a business unit of the Isle of Man Post Office will process customer payments and orders.
2. Interpretation
2.1. In this document:
“Contract” means the contract between the IOMPO and the Customer for the sale and purchase of the Goods into which these Terms are incorporated and includes any Order;
"Customer" means a customer of the IOMPO;
"Goods" means the goods (or any part of them) set out in the Order;
"IOMPO" means the Isle of Man Post Office, a statutory board of the Isle of Man Government, whose registered office is at Post Office Headquarters Spring Valley Industrial Estate, Douglas, Isle of Man, IM2 1AA and includes any successors and assigns;
“Literature" means any and all documents produced or distributed by or on behalf of IOMPO and concerning in whole or in part the goods and/or services advertised, marketed, produced, provided or distributed by IOMPO, and for the avoidance of doubt includes, the Website;
"Order" means an order made by a Customer for Goods and/or services given in person, in writing, by telephone, by Standing Order or via the Website or any other ecommerce platform which IOMPO utilises for the Goods and/or services;
"Standing Order" means an instruction from a Customer to IOMPO requiring IOMPO to supply certain goods/services on the terms and subject to the conditions set out in the instruction or any associated IOMPO hard copy or digital format request
“Supplementary Order" means; a) in respect of a Customer who has a Standing Order in place, i.e. an order by that Customer which is additional to and separate from the said Standing Order; b) an order from a customer who does not have a standing order in place with IOMPO
"Terms" means this agreement and the terms and conditions set out herein;
“Website" means the internet site owned and operated by Isle of Man Post and accessible at the following URLs: iomstamps.com
2.2. Clause headings are for ease of reference only and shall not affect the interpretation of the Terms.
2.3. References to clauses and paragraphs are to be construed as references to clauses and paragraphs of the Terms.
2.4. Words importing the singular shall include the plural and vice versa.
2.5. Words denoting any gender shall include all genders.
2.6. A Customer who accepts these Terms shall be deemed to be signing and accepting for their self and their successors in title, and, if an individual, their heirs and estates.
2.7 Any words following the terms including, include, in particular, for example or any similar expression shall be interpreted as illustrative and shall not limit the sense of the words preceding those terms.
3. Applicability
3.1. These terms apply to any Customer who subscribes for or purchases Goods or services from Isle of Man Stamps & Coins a business unit of IOMPO.
4. Orders
4.1. If any Customer submits to IOMPO an Order, that Order will constitute an offer by the Customer to buy Goods and/or services from IOMPO subject to the Terms.
4.2. IOMPO may accept any Order by email or other written notification. Until IOMPO, expressly so accepts an Order, no contract will exist between the Customer and IOMPO.
4.3. If IOMPO is unable to accept an Order for Goods due to insufficient stocks, IOMPO will notify the Customer and may suggest alternative Goods. If the Customer wishes to purchase the alternative Goods, the Customer will need to submit an amended Order to IOMPO.
4.4. IOMPO will send an email confirmation if we have one on file, that it has received an order and that it is being processed and may include additional comment if it, in its absolute discretion, believes it is of benefit to the customer.
4.5. The Order shall only be deemed to be accepted when IOMPO issues a written acceptance of the Order, at which point and on which date the Contract shall come into existence. The Contract between IOMPO and any Customer will be deemed to be formed in the Isle of Man.
4.6. The Terms constitute the Contract for the purchase of Goods and/or services from IOMPO by any Customer who is bound by the Terms by virtue of clause 3, to the exclusion of any other terms and conditions.
4.7. The Terms may not be varied by the Customer unless such variation is expressly agreed in writing by IOMPO. IOMPO will act reasonably in such circumstances
5. Right to cancel an Order
5.1. The Customer has the right to cancel an Order up to 14 days after the date of delivery. To do this please write to IOMPO at: Isle of Man Stamps & Coins Customer Services, Post Office Headquarters, Douglas Isle of Man, IM2 1AA or email: stamps@iompost.com. If the Customer exercises such right, IOMPO will refund the value of the cancelled Order.
5.2. If the Customer cancels an Order in accordance with clause 5.1, the Customer must return the Goods that are or have been the subject of the relevant Order to IOMPO (a) at the Customer's own expense; (b) unused and in perfect condition and the Customer must ensure that the Goods are packaged adequately to protect against damage.
5.3. If the Customer fails to meet the conditions set out in clause 5.2, the IOMPO has the right to refuse any further Orders from the Customer and further: (a) if the Customer fails to return the Goods to IOMPO, IOMPO may collect the Goods and charge the Customer the direct cost of collection; and (b) if the Customer fails to take reasonable care of the Goods before they are returned to IOMPO and this results in damage or deterioration IOMPO will charge the Customer for the reduction in value to the Goods.
5.4. The cancellation policy set out in this clause 5 does not affect the Customer's legal rights.
6. Description of Goods or Services
6.1. The quantity, quality and description of any Goods and/or services to be provided by IOMPO hereunder will be those set out in the relevant Order (if accepted by IOMPO).
6.2. IOMPO makes every effort to display as accurately as possible the image and colours of its Goods that appear on and/or in IOMPO Literature or digital asset. However, IOMPO cannot guarantee that the display of any image and/or colour as set out in any item/s of IOMPO Literature or digital asset is or will be accurate.
6.3. IOMPO reserves the right to make any changes to the specification of its Goods and/or services where those changes are required to conform to any applicable statutory or regulatory requirements or which do not materially affect the quality or performance of the said Goods and/or services.
6.4. IOMPO may correct, at any time, without any liability on its part, any typographical, clerical or other error or omission on or in any IOMPO Literature or Digital Asset.
7. Price and Payment
7.1. Subject to clause 6.4 of these Terms, the price of Goods and/or services shall be the price listed in the relevant IOMPO Literature current at the date of acceptance of an Order.
7.2. The price is payable in pounds sterling including any applicable value added or other sales tax and duties which are payable in addition.
Any refunds will be made in pounds sterling. If the Customer wishes a refund in any other currency and IOMPO agrees, the Customer accepts all risk in exchange rate fluctuations and IOMPO will be entitled to deduct any costs incurred in converting the refund into the requested currency.
7.3. Customers who have Goods supplied to them by IOMPO: (a) pursuant to a Standing Order - IOMPO shall pay any costs of delivery associated with a Standing Order; Customers may request and will always be liable for any insurance of Goods supplied by IOMPO For the avoidance of doubt, the costs of delivery for Customers who have Goods supplied pursuant to a Standing Order will be met by IOMPO. Customers who place supplementary orders or ad hoc orders will be required to pay postage and packing charges which are in place at the time of placing an order.
7.4. Before IOMPO can process and accept any Orders, the Customer must give IOMPO their accurate and full name, address, telephone number (if any), and email address (if any) and valid payment card information (or some other means of payment that is acceptable to, and accepted by, IOMPO).
7.5. IOMPO may process payment card payments upon acceptance of Orders.
7.6. Any discount codes or promotional vouchers cannot be applied/redeemed against orders containing mint banknotes and coins unless otherwise stated.
7.6.1 Any discount codes or promotional vouchers cannot be applied/redeemed against 'Postal Shop' orders.
7.7. Any discount codes or promotional codes cannot be applied/redeemed against standing orders.
8. Delivery and Risk
8.1. Following payment, IOMPO will arrange delivery of Goods to:
(a) the location set out in the Order;
(b) at the absolute discretion of IOMPO, to such other address as the parties may
agree; or
(c) the location of a suitable carrier,
(each of (a), (b) or (c) is a “Delivery Location”).
8.2. Orders may be placed for Goods before the relevant issue date for those Goods. However, in such circumstances and subject to acceptance of the Order none of the Goods in the relevant Order, including those for which the issue date has already passed, will be despatched until after the relevant issue date. In all cases payment for the Goods will be taken at the time the Order is placed.
8.3. Subject to clause 8.2, delivery normally takes between 5 and 28 working days from acceptance of an Order, depending on location, method of payment and the availability of Goods. Any dates quoted for delivery of Goods are approximate only. IOMPO will not be liable for any delay in delivery of Goods howsoever caused. Time for delivery will not be of the essence.
8.4. The Customer may request IOMPO to despatch the Goods using a registered or other premium service at the Customer's expense, by making such request in writing to IOMPO.
8.5 Delivery is completed on the completion of unloading of the Goods at the Delivery Location.
8.6 The risk and title to the Goods shall pass to the Customer on completion of delivery.
9. Force majeure
9.1 Notwithstanding any provision to the contrary in the Terms, although IOMPO will use all reasonable endeavours to discharge its obligations under and/or pursuant to the Terms in a prompt and efficient manner, it does not accept any responsibility for any failure to discharge its obligations or delay in the discharge of its obligations caused by circumstances wholly or partly beyond its control.
10. Warranties in Respect of Goods
10.1. Subject to clause 5 of the Terms, IOMPO warrants that Goods will, at the time of delivery, correspond with their description and that they will be of satisfactory quality. For the purposes of this clause 'satisfactory quality' shall mean the standard that a reasonable person would regard as satisfactory taking into account the description of the Goods, the price for them and all relevant circumstances including any purpose for which the Goods might be designed.
10.2. All other warranties, conditions or other terms as to quality or fitness for purpose implied by statute or common law are excluded to the fullest extent permitted by law.
10.3. In the event of a breach of clause 10.1 then, upon return of the relevant Goods within 28 days, IOMPO shall, at its option, replace the defective Goods, or refund the price of the defective Goods in full including any delivery charges. There may be occasion where there is no requirement to return goods given the low value of the defect this will be decided on a case-by-case basis. IOMPO will reimburse the reasonable cost of returning the items to IOMPO.
10.4. In any event, IOMPO shall not be liable to a Customer or be deemed to be in breach of the Terms by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the Goods and/or services, if the delay or failure was due to any cause beyond its reasonable control.
10.5 The IOMPO shall not be liable for the Goods' failure to comply with the warranty set out in Clause 10.1 if:
(a) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
(b) the Goods differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
10.6 Except as provided in this Clause 10, the IOMPO shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in Clause 10.1.
11. Specific Responsibilities of each Customer
11.1. Each Customer is solely responsible for the accuracy, legality, currency and compliance of any material submitted by it to IOMPO and will be solely liable for false, misleading, inaccurate, infringing or other actionable material contained or referred to therein.
12. Exclusion of Liability
12.1. Except as expressly provided in these terms and except in respect of personal injury or death caused by IOMPO’s negligence, in no event will IOMPO be liable for any injury, loss, claim, damages or any special, incidental, consequential, exemplary or punitive damages of any kind arising out of or in connection with any Customer's access to, or use of the Goods and/or services of IOMPO, whether based in contract, tort and whether negligent or otherwise, even if IOMPO has been advised of the possibility of such damages.
12.2. If the exclusion of liability in clause 12.1 is held by a court of competent jurisdiction to be unlawful, but that liability may be lawfully limited, IOMPO’s aggregate total liability to any Customer for all such damages and losses shall be limited to the fees paid by an affected Customer to IOM S&C in connection with any Goods and/or services of IOMPO during the 12 months preceding the events giving rise to liability.
13. Data Protection and Privacy
13.1. IOMPO values Customer privacy. IOMPO will use Customer personal data in the manner set out in its privacy policy (as amended from time to time) (the "Privacy Policy") which is hereby incorporated into these Terms by reference. A copy of the Privacy Policy is available at www.iomstamps.com. Customers hereby consent to the collection and use of personal data by IOMPO in the manner set out in the Privacy Policy. A single copy of the Privacy Policy shall be provided by IOMPO to each Customer upon written request by or on behalf of that Customer.
PLEASE NOTE that by providing information to IOMPO, you are providing and are deemed to consent to the provision of information to Isle of Man Post Office.
13.2. The IOMPO may wish to send you, a Customer under the principle of legitimate interest, details of Isle of Man Stamps & Coins stamp products, promotions, services and other philatelic related items. If you, a Customer, do not wish to receive this information, please inform IOMPO Customer Services here: stamps@iompost.com or in writing to: Isle of Man Stamps & Coins Customer Services, Isle of Man Post Office , Post Office Headquarters, Douglas Isle of Man IM2 1AA
13.3. IOMPO may be required to disclose information to third parties for the purpose of providing and administering the billing/payment and other Goods and services, resolving disputes, analysis, and as required by law or government agencies, regulators or courts in any relevant jurisdiction and the Customer hereby consents to such necessary disclosures.
14. Copyright
14.1 The Terms and IOMPO Literature and Digital assets and their contents and any Goods advertised and/or marketed and/or distributed and/or sold and/or provided by IOMPO to Customers are copyright of IOMPO and/or its associates, or their content and/or technology providers. All rights are reserved.
14.2 To the extent that it is lawful for IOMPO to do so, IOMPO hereby consents to all reasonable uses by Customers and prospective Customers of IOMPO Literature PROVIDED THAT such use does not (a) contravene any particular requirement/s that IOMPO may set out within any item of IOMPO Literature and Digital assets regarding the use of any one or more items of IOMPO Literature and Digital Assets (including but not limited to the reproduction of such item(s) of IOMPO Literature and Digital Assets); (b) contravene the law/s of the Isle of Man or the law/s of any other jurisdiction; (c) prejudice in any way any or all rights of IOMPO in any respect whether under copyright legislation or other legislation in the Isle of Man or elsewhere.
15. Term and Termination
15.1 Each Customer agrees to remain bound by these Terms unless IOMPO earlier terminates, suspends or otherwise limits the Terms.
15.2 Without limiting its other rights or remedies, the IOMPO may terminate a Contract with immediate effect by giving written notice to the Customer if:
(a) the Customer commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 28 days of that party being notified in writing to do so;
(b) the Customer takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), obtaining a moratorium, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
(c) the Customer suspends, threatens to suspend, ceases or threatens to cease to carry on all or a substantial part of its business;
(d) the Customer (being an individual) is the subject of a bankruptcy petition, application or order or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction; or
(e) the Customer's financial position deteriorates so far as to reasonably justify the opinion that its ability to give effect to the terms of the Contract is in jeopardy.
15.3 Without limiting its other rights or remedies, the IOMPO may suspend provision of the Goods under the Contract or any other contract between the Customer and the IOMPO if the Customer becomes subject to any of the events listed in Clause 15.3(b) to Clause 15.3(e), or the IOMPO reasonably believes that the Customer is about to become subject to any of them, or if the Customer fails to pay any amount due under this Contract on the due date for payment.
15.4 Without limiting its other rights or remedies, the IOMPO may terminate the Contract with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under the Contract on the due date for payment.
15.5 Without affecting any other right or remedy available to it, the IOMPO may terminate a Contract on giving not less than 1 month written notice to the Customer.
15.6 On termination of the Contract for any reason the Customer shall immediately pay to the IOMPO all of the IOMPO's outstanding unpaid invoices and interest and, in respect of Goods supplied but for which no invoice has been submitted, the IOMPO shall submit an invoice, which shall be payable by the Customer immediately on receipt.
15.7 Termination of the Contract, however arising, shall not affect any of the parties' rights and remedies that have accrued as at termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.
15.8 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination of the Contract shall remain in full force and effect.
16. Applicable Law
16.1 Each Customer agrees that these Terms and any dispute arising in any way in relation to the Terms, an Order, and/or any Goods and/or services provided and/or sold and/or to be provided and/or sold by IOMPO to that Customer will be governed by and construed in accordance with the applicable laws of the Isle of Man and the Courts of the Isle of Man shall have exclusive jurisdiction in respect thereof.
17. General
17.1. To the extent that any provision in these Terms is determined to be unenforceable or invalid, such provision shall be severed and the remaining provision shall be enforceable to the fullest extent permitted by the applicable law.
17.2.
(a) These Terms represent the entire agreement between the Customer and IOMPO relating to the subject matter hereof, and supersede any prior understanding or agreements between the Customer and IOMPO regarding the said subject matter.
(b) Each party acknowledges that in entering into the Contract it does not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.
17.3 The IOMPO may at any time assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with all or any of its rights or obligations under the Contract. The Customer may not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract without the prior written consent of the IOMPO.
17.4 The Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 2001 to enforce any term of the Contract.
17.5
(a) A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy
(b) A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
17.6
(a) Any notice given to a party under or in connection with the Contract shall be in writing and shall be delivered by hand or by pre-paid post or other next working day delivery service at (i) its registered office (if a company), (ii) its address set out in the Order (if an individual); or (iii) its principal place of business (in any other case).
(b) Any notice shall be deemed to have been received:
(i) if delivered by hand, at the time the notice is left at the proper address;
(ii) if sent by pre-paid post or other next working day delivery service, at 9.00 am on the second Business Day after posting.
(c) This clause does not apply to the service of any proceedings or other documents in any legal action.