Last updated: __________________
These Terms and Conditions apply to the use of this website (the “Site”) and to purchases made through it. The Site is operated by a company incorporated in Malta. The company name, Malta Business Registry registration number, registered office, trading address and contact details will be inserted once the company has been incorporated and the relevant details are confirmed.
1. About These Terms
These Terms form a legally binding agreement between the customer (“you”, “your”) and the operator of the Site (“we”, “us”, “our”). By accessing the Site, creating an account or placing an order, you agree to these Terms.
Nothing in these Terms limits or excludes any mandatory rights that you have under applicable Maltese or European Union consumer protection law. If a mandatory consumer protection rule conflicts with these Terms, the mandatory rule will prevail.
We may update these Terms from time to time. The version published on the Site at the time an order is placed will normally apply to that order, unless a change is required by law.
2. Eligibility and Customer Accounts
You must have legal capacity to enter into a contract. Where a person under the age of 18 uses the Site, such use and any purchase must be made with the involvement and authorization of a parent or legal guardian, to the extent permitted by applicable law.
If an account is created, you must provide accurate and current information and keep login credentials confidential. You are responsible for activity carried out through your account unless the activity results from a security failure attributable to us.
We may suspend or restrict an account where reasonably necessary to prevent fraud, misuse, security incidents or breaches of these Terms or applicable law.
3. Products and Product Information
We sell and/or distribute consumer products through the Site. Product descriptions, specifications, images, availability and other information are provided in good faith and may be updated from time to time.
Images are illustrative and minor differences in colour, packaging or presentation may occur, provided that the goods remain in conformity with the contract and applicable consumer law.
If a material error is identified in a product description, price or availability before dispatch, we may contact you to correct the order or cancel it and issue any refund due.
4. Prices, Taxes and Payment
Prices are displayed in the currency indicated on the Site. Where required by applicable law, VAT and other applicable taxes will be included or clearly identified before the customer places the order.
Delivery charges, import duties or other charges, where applicable, will be disclosed or explained before completion of the order to the extent reasonably possible.
Payments may be accepted through major payment cards and/or other payment methods displayed at checkout. Payment is subject to authorization by the relevant payment service provider or financial institution.
We may carry out reasonable payment, identity, fraud and security checks before accepting or dispatching an order.
5. Orders and Contract Formation
Submitting an order constitutes an offer to purchase the selected goods. An automated acknowledgement of receipt does not necessarily constitute acceptance of the order.
A binding sales contract is formed when we expressly accept the order or dispatch the goods, unless the Site states otherwise at checkout.
We may decline or cancel an order before acceptance where there is a pricing or stock error, suspected fraud, payment failure, legal restriction, delivery limitation or other legitimate reason. Any amount already paid for a cancelled order will be refunded without undue delay.
6. Fulfilment, Shipping and Delivery
Orders may be fulfilled from our own facilities or directly by approved suppliers, distributors or logistics partners. The identity or location of a fulfilment partner does not reduce any mandatory rights you have against us as the seller where we are the contracting merchant.
Available shipping methods, charges and estimated delivery periods will be shown on the Site or during checkout. Delivery estimates are not guaranteed unless expressly stated.
Where goods are shipped internationally, customs duties, import taxes or local charges may apply. Responsibility for such charges will be communicated before purchase where required by law.
Risk in goods passes to a consumer when the consumer, or a third party designated by the consumer other than the carrier, acquires physical possession of the goods, except where applicable law provides otherwise.
7. Consumer Right of Withdrawal
Where you are a consumer and the statutory right of withdrawal applies, you generally have 14 days from the day on which you, or a third party designated by you, acquires physical possession of the goods to withdraw from the distance contract without giving a reason.
To exercise the right of withdrawal, you must communicate an unequivocal decision to withdraw before the withdrawal period expires. Contact details and, where appropriate, a model withdrawal form will be made available on the Site.
Following a valid withdrawal, refunds will be made in accordance with applicable law, normally using the same means of payment used for the original transaction unless otherwise agreed.
You may be responsible for the direct cost of returning goods where this was disclosed before purchase. You may also be responsible for any diminished value resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods.
The statutory right of withdrawal does not apply in circumstances excluded by law, including certain sealed goods that are not suitable for return for health protection or hygiene reasons once unsealed, personalized goods and other legally exempt categories.
8. Returns, Defective Goods and Legal Guarantee
The statutory withdrawal right is separate from your rights where goods are defective, damaged, incorrectly supplied or otherwise not in conformity with the sales contract.
Consumers benefit from the legal guarantee and remedies provided by applicable Maltese and European Union consumer law. These statutory rights cannot be excluded by a commercial return policy or manufacturer warranty.
If goods are not in conformity with the contract, available remedies may include repair or replacement and, where the legal conditions are met, a proportionate price reduction or termination of the contract/refund.
Any additional commercial or manufacturer warranty is supplementary to, and does not replace or restrict, statutory consumer rights.
Return instructions and any return authorization procedure may be used for operational purposes, but such procedures will not unlawfully restrict mandatory consumer rights.
9. Cancellations Before Dispatch
If you request cancellation before an order has been dispatched, we will use reasonable efforts to stop fulfilment. Where dispatch has already occurred, the statutory withdrawal and return rules may apply instead.
10. Intellectual Property
Unless otherwise stated, the Site and its original content, layout, graphics, text, logos and other materials are owned by or licensed to us and are protected by applicable intellectual property laws.
You may use the Site for personal and lawful purposes only. You may not reproduce, distribute, commercially exploit or systematically extract Site content without authorization, except as permitted by law.
11. Acceptable Use
You must not misuse the Site, attempt unauthorized access, introduce malicious code, interfere with Site operation, use the Site for unlawful or fraudulent purposes, or infringe the rights of other persons.
We may take proportionate steps to protect the Site, customers, payment systems and third parties from abusive, fraudulent or unlawful activity.
12. Liability
Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law, including liability for fraud or fraudulent misrepresentation and any mandatory consumer rights.
Subject to mandatory law, we are not responsible for losses that were not reasonably foreseeable when the contract was formed, or for losses arising from events outside our reasonable control.
If you use the Site or purchase goods wholly or mainly for business purposes, additional limitations of liability may apply to the maximum extent permitted by law.
13. Events Outside Our Reasonable Control
We will not be responsible for delay or failure caused by circumstances outside our reasonable control, including major transport disruption, natural disasters, war, civil disturbance, government action, widespread telecommunications failure or other force majeure events, provided that this does not remove rights that cannot legally be excluded.
14. Privacy and Cookies
Personal data is processed in accordance with our Privacy Policy and applicable data protection law, including Regulation (EU) 2016/679 (GDPR) and the Data Protection Act, Chapter 586 of the Laws of Malta.
Information about cookies and similar technologies will be provided through the Site’s Privacy Policy and/or Cookie Policy and consent mechanism, where required.
15. Complaints and Customer Support
If you have a complaint or require assistance, please contact us using the contact details published on the Site. We will aim to resolve complaints fairly and within a reasonable period.
Nothing in this section prevents a consumer from contacting a competent consumer protection authority, alternative dispute resolution body or court where entitled to do so.
16. Governing Law and Jurisdiction
These Terms and any non-contractual obligations arising out of or in connection with them are governed by the laws of Malta, subject to any mandatory protections granted to consumers by the law applicable to them.
The courts of Malta shall have jurisdiction to the extent permitted by law. If you are a consumer resident in another jurisdiction, you may also have rights to bring proceedings in, or benefit from mandatory protections of, the courts and laws applicable to your place of residence.
17. Severability
If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be interpreted or limited to the minimum extent necessary, and the remaining provisions will continue in effect.
18. Contact Information
The following details will be completed once the Maltese company is incorporated and the relevant operational details are confirmed:
- Company name: ______________________________
- Malta Business Registry number: ______________________________
- Registered office: ______________________________
- Trading/returns address (if different): ______________________________
- Email: ______________________________
- Telephone: ______________________________
- Website/domain: ______________________________