Terms and Conditions

ACCEPTANCE OF TERMS

These Terms and Conditions (Terms), including the Privacy Policy together with any other documents referred to in these provisions, provide information about us and the legal terms and conditions on which we sell goods and services (Products, Services) on thetinkshop.com website (Website, Site) to you (Contract). Any references in these Terms to we or us refers to TinkTank Ltd, and any references to you refers to you, as the client.

 

We may update these Terms (and the documents referred to in them) and any aspect of the Service from time to time and will notify such changes to you by uploading details of them on the Site. You should review the Terms periodically for any changes. By using the Site you agree to be bound by these Terms. If you do not agree to these Terms then please do not use the Services or any part of them. These Terms and any Contract between us, are only in the English language. These Terms were most recently updated on September 2017

 

1 ABOUT US

1.1 This website is owned and operated by TinkTank Ltd, a company registered in Malta, EU under company registration Number C49218. Our registered office is: The Tink Shop, 70, Triq il-Pitkali, Ħ’Attard. Our VAT number is MT1991-6930.

 

Tel: +356 21422868

Email: [email protected]

 

2 GENERAL CONDITIONS

2.1 All orders are treated as placed and received in Malta. We currently do not accept orders to be delivered to countries outside Malta, Europe.

 

2.2 Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide through the Site without notice. We will not be liable if for any reason any of the Services are unavailable at any time or for any period.

 

2.3 From time to time, we may restrict access to any or all of the Services, to users who have registered with us. Any personal data and other information provided by you is processed by us in accordance with our Privacy Policy. By providing any such personal data or other information you agree to the terms of our Privacy Policy.

 

2.4 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user accounts, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provision of these Terms.

 

2.5 It is your responsibility to ensure that all information (including your name and address) you upload to the Site, is correct and accurate. Ensure that you check all information before making a purchase.

 

2.6 We reserve the right to refuse service to anyone for any reason at any time.

 

2.7 You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

 

2.8 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or Products, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

 

2.9 The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

2.10 You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register (See clause 6)

 

3 CONTACTING US

3.1 GENERAL CONTACT INFORMATION

If you wish to contact us for any reason, our contact details are as follows;

 

(i) Trading address: 70, The Tink Shop, Triq il-Pitkali, Ħ’Attard, ATD 2214 Malta, EU

 

(ii) Telephone Number: +356 2142 2868

 

(iii) Email: [email protected]

 

(iv) Facebook Messenger: facebook.com/TheTinkShop

 

(v) Our enquiry form at http://thetinkshop.com/contact/

 

3.2 To cancel a Contract in accordance with your legal right to do so please see the information in clause 11 below in relation to the options available to you.

 

3.3 IF we need to contact you, or give you notice in writing, we will do so by telephone, email or by post to the address you provide to us in your order. If you are emailing us or writing to us please include details of your order to help us to identify it.

 

3.4 Any references to “writing” or “written” in these Terms includes email.

 

4 OUR PRODUCTS

4.1 The images of the Products 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 Products. Your Products may vary slightly from those images.

 

4.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our Website may vary from the specification set out in the order.

 

4.3 The packaging of the Products may vary from that shown on images on our Website.

 

4.4 Colour tones of wooden items might vary from one item to the other due to the nature of the material. Same applies to the wood grain of wooden items. These are not imperfections.

 

5 CLOTHING

5.1 When trying on any Products which are clothing, please ensure that you are not wearing perfume / aftershave or a deodorant which may leave a scent or marks on the Product. We will be unable to accept the return of any Product where there is evidence that these instructions have not been followed. The Product should be returned with its original packaging.

 

6 REGISTRATION

6.1 To register with the Website you must be over 18 years of age.

 

6.2 Each registration is for a single user only. We do not permit you to share your username and password with any other person nor with multiple users on a network.

 

6.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.

 

6.4 We may suspend or cancel your registration immediately at our discretion or if you breach any of your obligations under these Terms.

 

7 HOW WE USE YOUR PERSONAL INFORMATION

7.1 We only use your personal information in accordance to our Privacy Policy. Please make sure to read our Privacy Policy, as it includes important terms.

 

8 LEGAL REQUIREMENTS TO ORDER FROM US

8.1 If we discover that your are not legally entitled to certain Products, we reserve the right to cancel your order and will not be obliged to complete the order. We also reserve the right to cancel your account facilities immediately.

 

9 ORDERING FROM US

9.1 When making an order through our Website, the web pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each webpage of the order process.

 

9.2 You are deemed to place an order with us by ordering any of the Products which we sell by following the steps on our web pages and entering your payment details. We will then send you an email acknowledging that we have received your order, which details the Products you have ordered. However, this does not mean that your order has been accepted by us.

 

9.3 Our acceptance of an order takes place when we send you an email confirming that the Products have been sent to Production. The Contract between us will only be formed when we send you the ‘In Production’ confirmation status, even if your payment has been processed at an earlier stage, unless we have notified you that we do not accept your order or you have cancelled your order. However, in limited circumstances we may be unable to provide you with an ‘In Production’ confirmation.

 

9.4 If we are unable to accept your order, for example because a Product is out of stock or no longer available or we cannot meet your requested delivery date or there was an error in price on our Website, we will inform you of this by email and we will not continue to process your order. If you have already paid for your order, we will refund you the full amount including any delivery costs charged as soon as is reasonably possible. For the avoidance of doubt, if there are two or more Products in your order and one or more of those Products is delivered, we will not refund the delivery charge. We will only refund the delivery charge if we are unable to accept your order as a whole and no Products are delivered to you at all. If you have ordered a Product and you have paid a specialised delivery charge and we cannot deliver that Product, we will refund the specialised delivery charge irrespective of whether or not that Product is part of a larger order. Please note if a specialised delivery charge applies to a Product this will be made clear to you on the shopping basket page of our Website.

 

9.5 We may refuse to accept an order:

 

(a) where Products are not available;

(b) where we cannot obtain authorisation for your payment;

(c) if there has been a pricing or product description error;

(d) if we cannot meet your requested delivery date;

(e) if you do not meet any eligibility criteria set out in these Terms;

(f) if the order is to be delivered outside of Malta, EU;

(g) if your order for Products which we have personalised or customised for you (Personalised Products) contains content which is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence or in breach of privacy; and/or

(h) if we believe your order is for commercial or other non-domestic concerns.

 

9.6 We reserve the right to brand all of our Personalised Products

 

10 OUR RIGHT TO MAKE CHANGES TO THESE TERMS

10.1 We may amend these Terms at any time by updating this webpage. Please look at the top of this webpage to see when these Terms were last updated.

 

10.2 Every time you place an order with us the Terms on our Website, being those in force at the time of your order, will apply to the Contract between you and us.

 

10.3 Certain provisions of these Terms may be superseded by expressly designated legal notices or terms and conditions located on particular webpages of this Website.

 

10.4 If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.

 

11 CHANGING OR CANCELLING AN ORDER FOR PERSONALISED PRODUCTS

11.1 If you have placed an order for a Personalised Product, you will only be able to change or cancel your order if you still haven’t received the ‘In Progress’ status confirmation, you should be able to make amendments to your order. Once a Personalised Product will be sent for production, you will not be able to cancel or change that order (see clause 12.2(a)).

 

11.2 To change an order for a Personalised Product, please follow the instructions and link provided to you in the email acknowledging that we have received your order which will allow you to amend the personalisation and/or delivery address. Please note you will only be able to change the personalisation within the time periods specified in clause 11.1 above.

 

11.3 To cancel an order for a Personalised Product, please contact us within the time periods specified in clause 11.1 above using one of the methods detailed in clause 12.5 below.

 

11.4 Please check the spelling and accuracy of any Personalised Products on screen before you place your order as you will not be entitled to a refund in respect of any Personalised Products which contain a misspelling that you are responsible for and which you fail to amend in accordance with clause 11.1 above.

 

12 YOUR CONSUMER RIGHTS OF RETURN AND REFUND

12.1 Consumers have a legal right to return an item unless it falls within the non-returnable items (refer to section 12.2) during the first 14 day period after pruchase. The 14-day period starts once you place your order, not when you receive the order. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Further advice about your legal right to cancel the Contract is available from Malta Competition and Consumer Affairs Authority (http://www.mccaa.org.mt/).

 

12.2 However, this cancellation right does not apply in the case of:

(a) any Personalised Products that have been sent for production (see clause 11.1) – Personalised items cannot be returned or refunded, unless they are defected;

(b) any perishable Products;

 

12.3 To cancel a Contract, you must contact us using one of the methods set out in clause 12.5 and let us know (before any Personalised Products have gone into production – see clause 11.1) that you have decided to cancel and provide us your full name and Invoice number.

 

12.4 If you would like to cancel a Contract, there are a few options available to you:

 

(a) Contact our Customer Services team by telephone on +356 2142 2868 between shop hours 0900 – 1300 and 1600 – 1900 on Monday to Friday; or

(b) email us at [email protected]

 

12.5 If you cancel your Contract within the cancellation periods set out in clause 12.1 above, we will refund you the price you paid for the Products (excluding any applicable delivery charges). Please be aware that if you have ordered Products in accordance with a promotion or discount offer on our Website and your cancellation of part of that order means that you no longer qualify for that promotion, we may reduce your refund to reflect this;

 

12.6 If you have returned the Product to us in accordance with this clause because it is faulty or does not match its description, we will refund the price of the Product in full, together with any applicable delivery charges paid when purchasing the Product. All items are to be returned to The Tink Shop, Triq il-Pitkali, Ħ’Attard, Malta, EU. You will be liable for any charges incurred in returning the goods to The Tink Shop.

 

Our right to cancel

 

11.9 We reserve the right to cancel any order at any time and issue a full refund.

 

Returns and exchange

 

11.10 If a Product has already been delivered to you before you decide to cancel your Contract (which must be done in accordance with clauses 11.1–11.8 above), then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract.

 

11.11 Unless the Product is faulty or not as described (please see clause 11.7), you will be responsible for the cost of returning the Products to us.

 

11.12 Subject to you contacting us in accordance with clauses 11.3–11.5 above, we will contact you by email to advise whether you have satisfied our cancellation terms and are eligible for a refund and, if necessary, provide further information detailing how to proceed with your return.

 

12 Delivery

 

12.1 The Delivery dates marked on each Product page are indicative only. We will deliver orders within a maximum of 30 days after the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order) unless the product requires a longer time to be produced, in which case this will be clearly visible in the product’s description. Occasionally our delivery to you may be affected by an Event Outside Our Control – please see clause 22 for further details of our responsibilities in such an event.

 

12.2 We will deliver the Products ordered by you to the address which you give for delivery when you make your order. You may specify a delivery address which is different from your billing address, if, for example, you would like us to deliver the Products directly to a friend, a relative, or to your place of work.

 

12.3 If any of the details you have given us in your delivery address are incorrect, we accept no liability for any items which have not been received.

 

12.4 If no one is available at the delivery address given to accept the delivery, one of our carriers will leave you a card that the Products have been returned to our premises or the premises of any carrier which we use, in which case, please follow the instructions on the card to rearrange delivery / collect your order. Additional charges might apply for rearranged delivery by our third party suppliers.

 

12.5 Delivery of an order shall be completed when we deliver the Products to the delivery address given in the order process or to any other location nominated by you. The risk and responsibility in the Products will sit with you from that time.

 

12.6 You own the Products once we have received payment in full (including all applicable delivery charges) and the delivery of the Products is completed in accordance with clause 12.5.

 

12.7 If Products are not delivered within 30 days of the order being received as set out in clause 12.1 above (unless such delivery is delayed by an Event Outside Our Control or unless this product requires a longer production time, in which case it would be stated in the product description), then you may cancel your order straight away if any of the following apply:

 

(a) we have refused to deliver the Products;

(b) delivery within the delivery period was essential (taking into account all the relevant circumstances); or

(c) you told us before we accepted your order that delivery within the delivery period was essential.

 

12.8 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 11, you can contact us to give us a new reasonable deadline for delivery. If we fail to meet this new deadline, which must be reasonable, you may cancel your order.

 

12.9 If you wish to cancel your order for late delivery under clause 12.7 or clause 12.8 above, you may cancel the order for some or all of the Products, unless splitting the Products would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them (the cost of which we will pay). After you cancel your order we will refund any sums you have paid to us for the cancelled Products and their delivery.

 

12.10 Our workshop and studio’s normal working hours are Monday to Friday 9.00am-6.00pm and we only dispatch orders during these timescales. All delivery and dispatch timescales quoted on the Website do not include weekends or public holidays.

 

13 Our liability in relation to delivery

 

13.1 Provided that we take the steps outlined in this clause, we will not be liable for out of pocket expenses or other costs incurred due to failed or delayed deliveries. If there is a substantial risk of delay, you may contact us to end the Contract and receive a refund for any Products you have paid for but not received.

 

13.2 If the Products you have ordered do not arrive within 30 days of placing the order we accept no liability, so far as permitted by law, unless you have contacted us via email within this period.

 

MaltaPost

 

13.3 The majority of our Products are dispatched by MaltaPost p.l.c.. Therefore please be aware that:

(a) allow 1-2 working days from date of Email notifying dispatch.

(c) If you have not received your Products, you must check with your local sorting office, even if you have not received notification from your postman that they are holding Products for you.

 

13.5 In the event that we reproduce a Product for you and subsequently the original is returned as undelivered by MaltaPost, we reserve the right to charge an administrative fee up to 100% of the sales price of the reproduced product.

 

No international delivery

 

13.6 We do not deliver to addresses outside of Malta.

 

Pickup from The Tink Shop

 

13.7 You may choose to pickup your order yourself, rather than opting for delivery. Pickup is subject to the following:

 

(a) Pickups are available only once you’ve received Email notification that your order is ready to be collected.

(b) You are requested to the email notification as a proof of purchase, together with your ID upon pickup.

(b) Pickups are available Monday – Friday from 0900-1300 and 1630-1900, Saturdays from 0900-1300. This does NOT include Public Holidays and days of company shutdown / vacations.

 

14 Delivery charges

 

14.1 All marked prices do not include delivery charges. Our delivery charges are as set out during the check-out process (before you confirm your order). You are responsible for the payment of any shipping and handling charges and taxes that may apply to your order. To check relevant delivery charges, please refer to our Delivery Information page

 

15 Price of Products

 

15.1 The price of the Products will be the price indicated on the order webpages when an order is placed. We will take all reasonable care to ensure that the price advised to you is correct. However, please see clause 15.4 for what happens in the event we discover an error in the price of any Products ordered.

 

15.2 All prices are marked in Euro (€) and inclusive of VAT (where applicable) at the current rates. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price.

 

15.3 Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this website.

 

15.4 Our Website contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our Website may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.

 

15.5 Prices are liable to change at any time, but changes will not affect orders in respect of which you have already paid.

 

16 Discounts

 

16.1 If a discount was applied to your original order, the amount refunded will be adjusted to allow for the revised order value and appropriate discount level. Please note you can only use one discount code per order.

 

17 Licence

 

17.1 You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without written permission from us.

 

17.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these Terms, any use of extracts from this Website other than in accordance with clause 17.1 for any purpose is prohibited. If you breach any of these Terms, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.

 

17.3 No part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

 

17.4 Any rights not expressly granted in these Terms are reserved.

 

18 Service access

 

18.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.

 

18.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

 

19 Your material and conduct

 

19.1 Other than personally identifiable information, which is covered under the Privacy Policy any material you transmit or post to this Website will be considered non-confidential and nonproprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

 

19.2 In using the Personalisation Tool and the Photo Upload facility on the Website, you agree not to design, upload or print any images and designs that will cause distress or offence to any person or which contains material as set out in clause 19.5. It is your responsibility to ensure that express permission for any images you use has been granted by the owner of any image.

 

19.3 We reserve the right to refuse to process any order that may cause offence or distress to others and in such a case we will refund any payment made. We will not be responsible for any copyright infringement by the customer.

 

19.4 We will not be responsible or liable to you for any loss of material uploaded or transmitted through our Website.

 

19.5 You are prohibited from posting, creating or transmitting to or from this Website any material:

 

(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence or in breach of privacy;

(b) for which you have not obtained all necessary licences and/or approvals;

(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in Malta or any other country in the world; or

(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

 

19.6 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of the clauses of above.

 

20 Links to and from other websites

 

20.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

 

20.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:

 

(a) you do not remove, distort or otherwise alter the size or appearance of this Website;

(b) you do not create a frame or any other browser or border environment around this Website;

(c) you do not in any way imply that we are endorsing any products or services other than our own;

(d) you do not misrepresent your relationship with us nor present any other false information about us;

(e) you do not otherwise use any trade marks displayed on this Website without our express written permission;

(f) you do not link from a website that is not owned by you; and

(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

 

20.3 We expressly reserve the right to revoke the right granted in clause 23.2 at any time and to take any action we deem appropriate.

 

21 Disclaimer

 

21.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the Products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.

 

21.2 The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these Terms might have effect in relation to this Website.

 

21.3 All information, materials and opinions contained on our Site are for general information purposes only and do not under any circumstance constitute professional advice. Specific professional advice must always be sought by you which will be relevant for your specific circumstance.

 

22 Events Outside Our Control (Force Majeure)

 

22.1 We will not be liable or responsible for the failure to perform or delay in performance of any of our obligations under a Contract that is caused by an Event Outside Our Control (as defined below in clause 22.2).

 

22.2 An Event Outside Our Control (Force Majeure Event) means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties (other than you or your affiliates), civil commotion, riot, cyber-attack, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

 

22.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

 

(a) we will contact you as soon as reasonably possible to notify you; and

(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be suspended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

 

22.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us in accordance with clause 11 above. If you decide to cancel, you will have to return any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.

 

22.5 This also applies to Products sent direct from our manufacturers.

 

23 Our liability

 

23.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.

 

23.2 We only supply the Products for domestic and private use. By entering into this Contract, you agree not to use the Product for any commercial, business or resale purposes.

 

23.3 To the extent that our Site and the information and services on our site are provided free of charge, we will not be liable for any loss or damage of any nature.

 

23.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

 

23.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

 

23.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

 

23.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

 

23.8 We warrant to you that any Products purchased from us through the site are of satisfactory quality and reasonably fit for all the purposes for which goods of such kind are commonly supplied.

 

23.9 If you are contracting as a consumer, our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the products you purchased.

 

23.10 Nothing in these Terms and Conditions will exclude or limit our liability for:

 

(a) death or personal injury resulting from our negligence;

(b) fraud or fraudulent misrepresentation;

(c) in any way that is not permitted under applicable law; or

(d) exclude any liabilities that may not be excluded under applicable law.

 

23.11 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of these Terms by you, or your use of this Website, or the use by any other person using your registration details.

 

24 Advertising and sponsorship

 

24.1 Part of the Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.

 

25 Governing law and jurisdiction

 

25.1 These Terms are governed by Maltese law. This means a Contract for the purchase of Products through our Website and any dispute or claim arising out of or in connection with it will be governed by Maltese law. You and we both agree to that the courts of Malta, Europe will have non-exclusive jurisdiction.

 

25.2 We do not warrant that Products on the Website are appropriate or available for use outside Malta. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside Malta, you do so at your own risk and you are responsible for compliance with local laws.

 

26 Miscellaneous

 

26.1 You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

26.2 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

 

26.3 All rights reserved No parts of this website may be reproduced in any form or transmitted to any person without the prior written consent from us. Please contact us on [email protected] with any requests.