These terms and conditions together with the order form, our order acknowledgement are the basis on which we will supply to you our goods (“Goods”) and thus form our contract with you and are binding on you. These conditions shall govern the agreement between Us and You to the exclusion of any other terms or conditions unless we have expressly agreed to vary these conditions in writing. These conditions supersede all previous terms and conditions and shall replace any terms and conditions previously notified to You by Us.
Please read these terms carefully and ensure that they only contain conditions you are prepared to agree to, before ordering any Goods from us.
By ordering any of the Goods, you agree to be bound by these terms. In particular we highlight clause twenty (20) hereunder where we limit our liability in your regard.
1 INFORMATION ABOUT US
1.1 The Goods are provided by Euro Sport Limited (“we/us/our”).
1.2 We are registered in Malta, with company number C 32991 and have our registered office at Catalunya House, Catalunya Buildings, Psaila Street, Birkirkara
2 YOUR STATUS
2.1 You acknowledge that Clause 5 does not apply unless you are purchasing Goods from our website as a consumer (in other words, other than in the course of a trade, business, craft or profession) (“Consumer”);
2.2 By placing an order with us, you warrant that:
2.2.1 You are legally capable of entering into binding contracts;
2.2.2 If you are a Consumer, you are at least 18 years old;
2.2.3 The information you provide to us during the process of placing an order for Goods is accurate, complete and not misleading.
3.1 These terms and conditions apply to all sales of Goods provided by us to you.
3.2 If you are purchasing Goods via our website, Subject to clause 5, no contract for the supply of Goods (“Contract”) will come into existence until we despatch the Goods, send you an email confirming that your Goods have been despatched (whichever is the earlier).
3.3 If you purchase Goods by any means other than via our website, the Contract will not come into existence until either your order (however given) is accepted by the earliest of our written acknowledgement of order or delivery of the Goods.
3.4 Each order for Goods by you to us will be deemed to be an offer by you to purchase Goods subject to these terms. Each order placed by you to us for Goods and accepted by us will constitute a separate contract.
3.5 You must ensure that the terms of your order and any applicable specification are complete and accurate.
3.6 These terms will be incorporated in the Contract to the exclusion of all other terms and conditions. They supersede all prior dealings, negotiations, representations or agreements between us in respect of the subject-matter of the Contract whether written or oral.
3.7 No variation or amendment of this Contract will be valid unless in writing and signed by you and our authorised representative.
4.1 All brochures, specifications, drawings, catalogues, particulars, shapes, descriptions and illustrations, application guides and information, price lists and other advertising matter are intended only to present a general idea of the Goods described in them and the images of the Goods on the website or otherwise are for illustrative purposes only.
4.2 We reserve the right to deliver Goods of a modified design provided that any difference does not make the Goods unsuitable for any purpose you have made known to us.
4.3 The Goods will conform in all material respects to any sample provided to and accepted by us. The Goods will conform in all material respects with any specification provided to and accepted by us. We reserve the right to amend any design or specification without prior notification provided that it does not adversely affect the performance of the Goods.
4.4 We cannot guarantee that the appearance and/or colours of Goods (including without limitation paint) shown on the website or otherwise exactly reproduces the appearance and/or colours of the physical Goods themselves.
4.5 All Goods supplied by us are subject to availability. We reserve the right in the event that we cannot supply you with the Goods that you have ordered, to supply you with substitute goods of equivalent or matching quality.
4.6 We retain all copyright and title to all documentation relating to Goods delivered to you by us. This documentation may only be used for the purposes intended in the Contract and not for any other purpose without our permission. It must be returned on demand.
4.7 Technical specifications are approximations unless specifically stated otherwise.
4.8 You will not remove, alter, deface, obfuscate or tamper with any of the trade marks, names or numbers affixed to or marked on the Goods nor allow anyone else to do so.
4.9 If the Goods are manufactured in accordance with any design or specification provided or made by you, you will compensate us in full on demand for all claims, expenses and liabilities of any nature in connection with them, including any claim, whether actual or alleged, that the design or specification infringes the rights of any third party.
5 CONSUMER RIGHTS
Clause 5 only applies if you are a Consumer AND purchasing Goods from our website.
5.1 In accordance with the Consumer Rights Regulations 2013 (LEGAL NOTICE 439 of 2013 as subsequently amended) you may withdraw from a Contract at any time within forteen (14) days from delivery of Goods. If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such 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 such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
5.2 The right of withdrawal at clause 5.1 does not apply to:
(a) the supply of goods or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by the trader and which may occur within the withdrawal period;
(b) the supply of goods made to the specifications of the consumer or where these are clearly personalised;
(c) the supply of goods which are liable to deteriorate or expire rapidly;
(d) the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
(e) the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items;
(f) contracts where the consumer has specifically requested a visit from the trader for the purpose of carrying out urgent repairs or maintenance. If, on the occasion of such visit, the trader provides services in addition to those specifically requested by the consumer or goods other than replacement parts necessarily used in carrying out the maintenance or in making the repairs, the right of withdrawal shall apply to those additional services or goods;
5.3 To withdraw from a Contract, you must:
5.3.1 Inform us explicitly in writing using the model withdrawal form set out in Part B of the Schedule of LN 439 of 2013;
5.3.2 Return the Goods to us, in the same condition in which you received them with the original packaging and the product documentation, and at your own cost and risk. The Goods must not have been used and, where applicable, must not have been removed from the sealed clear packaging. This includes electrical items, which are supplied in sealed clear packaging; and
5.3.3 Provide proof of purchase in the form of our invoice for the original supply of such Goods. If in the event an invoice is unavailable, a bank or credit card statement may suffice at our sole discretion.
6 DIRECT COST OF RETURNING THE GOODS
If you, as a Consumer, decide to exercise you right to return the Goods as per Clause 5, you will be charged the direct cost of such cancellation.
7.1 Subject to clause 7.2, the prices of the Goods will be as quoted in our marketing literature from time to time except in cases of error (see clause 7.2.1). The prices may be altered at any time without notification to take into account any increase in our costs (including but not limited to the cost of materials, labour, transport or other overheads, any tax, duty or variation in exchange rates).
7.2 For Goods purchased via our website, the price you pay is the price displayed on this website at the time we receive your order apart from the following exceptions:
7.2.1 While we try and ensure that all our prices on our website are accurate, some prices may be incorrectly listed. If we discover an error in the price of the Goods you have ordered we will inform you as soon as possible and offer you the Goods at the correct price. We are under no obligation to provide Goods to you at an incorrect, lower price, even after we have acknowledged your order or despatched the Goods. If we cannot contact you, we will treat the order as cancelled. If payment has been made and you wish to cancel your order, you will receive a full refund of the price paid;
7.2.2 Please note that the prices payable for Goods in-store may vary from those stated on our website
7.3 Where there is no error in our pricing as per clause 7.2.1 or otherwise, the prices that you pay for the Goods will be those ruling (in the case of Goods) at the date of despatch of the Goods.
7.4 We list prices as both inclusive of VAT, unless otherwise stated.
7.5 Unless otherwise specified, if you are a Business Customer, prices quoted include delivery to destinations in Malta and we will select the mode of transport. The entire cost of any other mode of transport which you may specify will be borne by you, as will delivery to locations outside of Malta. If you are a Consumer, the delivery costs will be quoted at the time you place your order for Goods.
7.6 In case of small orders we will be entitled to make a minimum order charge or to add a surcharge for delivery, details of which will be provided to you at the time of order acknowledgement.
7.7 No allowance will be credited for Goods collected from our premises by you rather than delivered by us.
8.1 Unless otherwise stated all quotations are valid only for 30 days from their date of publication.
9.1 If you hold a credit account with us, payment of invoices will be made in full to us without deductions or set-off in accordance with the payment terms notified by us to you or if no such terms are advised, not later than the 30th day of the following month after the invoice date. You guarantee your creditworthiness in placing an order. If after confirmation of the order by us, doubts arise as to your creditworthiness, then all payments will become due immediately unless adequate security can be offered by you.
9.2 Where you do not hold a credit account with us, payment of invoices will be made in full to us without deductions or set-off by credit or debit card when order is placed.
9.3 We reserve the right to charge a credit card surcharge if you elect to pay us by credit card.
9.4 Payments by credit or debit card will only be accepted where the card in question has been verified on our website.
10.1 The Goods are delivered to you when we make them available to you at a delivery point agreed by us.
10.2 Time of delivery will not be of the essence and any delivery date is an estimate only. We will use all reasonable endeavours to avoid late deliveries. You will have the right to cancel any order without liability to us if delivery is more than 30 days late. This clause 10.2 sets out your only remedy for such delay.
10.3 The quantity of any consignment of Goods as recorded by us upon despatch from our place of business will be conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary.
10.4 Our liability for non-delivery of the Goods will be limited to, at our discretion, replacing the Goods within a reasonable time, issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods or a refund of the purchase price paid.
10.5 Any claim that any Goods have been delivered damaged or do not materially comply with their description will be notified by you to us and (where appropriate, to the carrier) within 24 hours of their delivery. Provided that you return such Goods to us in accordance with clause 15, we will at our sole discretion replace such Goods, issue you with a credit note for the price of such Goods or refund the price paid for such Goods. The provisions of this clause 10.5 set out your sole remedy in such circumstances.
10.6 Any claim that any Goods have not been delivered to you by us or our appointed carriers where we claim we have delivered the same to you, or left the Goods in a safe place or delivered the Goods to your neighbour and/or our appointed carriers have obtained a signature for the delivery of the Goods (from any of the above (where applicable), such claim must be notified by you to us within 7 days of their expected delivery. We shall then liaise with our carrier and/or our driver and we may require copies of two forms of personal identification documents from you (such as passport, driving licence, bank card etc) or any third party. Once we have reviewed all documentary evidence and statements from the relevant drivers we shall then come back to you within a reasonable timescale of our decision (to replace such Goods, issue you with a credit note for the price of such Goods, refund the price paid for such Goods or to not provide any of the aforementioned) which shall be final and binding. The provisions of this clause 10.6 set out your sole remedy in such circumstances.
10.7 We may at our discretion deliver the Goods by instalments in any sequence. Where the Goods are delivered by instalments, no default or failure by us in respect of any one or more instalments will vitiate the Contract in respect of the Goods previously delivered or undelivered Goods.
10.8 If you fail to take delivery of the Goods or any part thereof at the time agreed for delivery then we will be entitled to cancel or suspend such delivery and all other outstanding deliveries and to charge you for the loss suffered.
11.1 It is your responsibility to provide the means for unloading Goods on delivery unless agreed by us in writing otherwise. We will inform you in advance if any special means will be required to unload the Goods at your premises.
12 STORAGE AND DISPOSAL
12.1 If you fail to take delivery of the Goods when they are ready for delivery we may, at our option, either store them ourselves or have them stored by third parties on such terms as we may in our own discretion think fit. In any event the cost of storage will be borne by you.
13 RISK AND TITLE
13.1 Risk in the Goods passes when they are delivered to you.
13.2 You will insure the Goods against theft or any damage howsoever caused until their price has been paid in full.
13.3 We will transfer only such title or rights in respect of the Goods as we have and if the Goods are purchased from a third party will transfer only such title or rights as that party had and has transferred to us.
13.4 Notwithstanding clause 13.3, passing of title in the Goods will remain with us and will not pass to you until the amount due under the invoice for them or any other outstanding invoice from us to you (including interest and costs) has been paid in full.
13.5 We may maintain an action for the price of any Goods notwithstanding that title in them has not passed to you.
14.1 Where and if stated, Goods are supplied with the benefit of a warranty given by the Goods’ manufacturers (details of which will be provided to you with the Goods or otherwise on request (“the Warranty”)) provided that you comply with the conditions set out in clause 14.2 as well as any provided with the Warranty (“Warranty Conditions”).
14.2 In cases where Goods are covered by a Warranty, if Goods become faulty during the period of the Warranty for reasons unconnected with your acts, omissions or misuse of the Goods, you must notify us in writing and/or by completing a warranty claim form (including a description of the fault) and return such Goods to us. Such Goods shall be returned to the manufacturer for review and testing. Based on the manufacturers’ opinion and further subject to clause 14.5 and 14.6, we will repair, (or at our sole option) replace such Goods with the same or superior Goods, without charge or not provide any of the aforementioned. The manufacturer’s opinion shall be final and binding and we shall have no further liability to you. If Goods become faulty after expiry of the Warranty, and you request that we replace or repair such Goods, then we shall charge our then standard list price for such repair or replacement.
14.3 Your sole remedy in respect of a failure of the Goods to comply with the Warranty is as set out in the Warranty Conditions.
14.4 We will be afforded reasonable opportunity and facilities to investigate any claims made under the Warranty and you will if so requested in writing by us promptly return any Goods the subject of any claim and any packing materials securely packed and carriage paid to us for examination.
14.5 We will have no liability with regard to any claim in respect of which you have not complied with the claims procedures in the Warranty Conditions.
14.6 The above warranty is given by us subject to us having no liability in respect of any defect arising from wear and tear, wilful damage, negligence, tampering of the Goods, incorrect fitting of the Goods by you and/or a third party, abnormal working conditions, failure to follow our and/or the Goods’ manufacturers’ instructions (whether oral or in writing), misuse or alteration or repair of the Goods without our approval.
15 REFUNDS POLICY
15.1 When you return Goods to us:
15.1.1 Because you cancelled the Contract in accordance with clause 5 (Consumer Rights), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case we will refund the price of the Goods to be returned in full, including the cost of sending the Goods to you. However, you will be responsible for the cost of returning the Goods to us as per clause 6;
15.1.2 Which are incorrectly supplied and/or are returned as new in their original packaging, these items shall be refunded, exchanged or replaced if they are returned within 30 days of date of purchase of the Goods and proof of purchase (as provided at clause 5.3.3) is supplied; and
15.1.3 For any other reason, we will examine the returned Goods and will notify you in writing or via e-mail within a reasonable time of the refund (if any at all) to which you are entitled. We will usually process the refund due to you as soon as possible thereafter. For any entitlement of a refund to be due to you, the returned Goods must be in the same condition in which you received them with the original packaging and the product documentation. The Goods must not have been used (such as any smell of without limitation fuel, toxins or rubber shall invalidate any refund due to you) and, where applicable, must not have been removed from the sealed clear packaging. Goods returned to us because they fail to comply with the Warranty will be refunded in accordance with the provisions of the Warranty Conditions.
17.1 If the Goods include installation services we will provide detailed instructions to you about site preparation and other requirements required during the installation.
17.2 If you fail to fully comply with the requirements in clause 17.1, we reserve the right to charge you for any additional work required as a result or if we are unable to complete the installation.
18.1 Where a Good or Goods supplied consist of or include software ("Software"), this Software is licensed, not sold, by us or by the relevant licensor/owner subject to the relevant end-user license agreement or other licence terms included with Software ("License Terms") and/or the Product. In addition:
18.1.1 Such Software may not be copied, adapted, translated, made available, distributed, varied, modified, disassembled, decompiled, reverse engineered or combined with any other software, save to the extent that the (i) License Terms or (ii) applicable law expressly grants such rights (which right under applicable law cannot be excluded by contract).
18.1.2 Save to the extent provided for in any applicable License Terms, your rights of return and/or to a refund under these Conditions and any applicable Returns Policy do not apply in the event that you open the Software shrink-wrap and/or break the license seal and/or use the Software.
18.1.3 Except to the extent expressly provided by us in writing or a licensor under relevant License Terms, Software is provided 'as is' without any warranties, terms or conditions as to quality, fitness for purpose, performance or correspondence with description and we do not offer any warranties or guarantees in relation to Software installation, configuration or error/defect correction. You are advised to refer to any License Terms with regards to determining your rights against a manufacturer, licensor or supplier of the Software.
19 LIMITATION OF LIABILITY
19.1 Subject to the provisions of these terms, the following provisions set out the entire financial liability of us (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of:
19.1.1 Any breach of these terms; and
19.1.2 Any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
19.2 All warranties, conditions and other terms implied by law (including any warranty against latent defects or warranty for fitness of purpose) are, to the fullest extent permitted by law, excluded from the Contract.
19.3 Nothing in these terms excludes or limits our liability:
19.3.1 For death or personal injury caused by our negligence;
19.3.2 For matters clearly identified in the Consumer Affairs Act (Chapter 378 of the Laws of Malta);
19.3.3 For fraud or for fraudulent misrepresentation; or
19.3.4 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
19.4 Subject to clause 19.3, we will not be liable to you for:
19.4.1 Any indirect or consequential, special or punitive loss, damage, costs or expenses;
19.4.2 Loss of profit;
19.4.3 Loss of business;
19.4.4 Loss of income or revenue;
19.4.5 Loss or corruption of or damage to data;
19.4.6 Waste of management or office time; or
19.4.7 Depletion of goodwill.
19.5 Subject to clause 19.3, our total liability to you under or connected with these terms will not exceed the price payable for the Goods for any one event or series of connected events.
20 TERMINATION AND SUSPENSION
20.1 We may at our discretion suspend or terminate the supply of any Goods if you fail to make any payment when and as due or otherwise defaults in any of your obligations under the Contract or any other agreement with us.
20.2 On the termination of the Contract for any reason:
20.2.1 we will not be obliged to supply any Goods ordered by you unless already paid for; and
20.2.2 All payments payable to us under the Contract will become due immediately upon termination of this Contract despite any other provision.
20.3 The termination of this Contract will not affect the respective rights and liabilities of each of the parties thereto which accrued prior to such termination nor any provisions which either expressly or impliedly are to remain in operation after termination.
20.4 Orders accepted by us are cancellable only at our discretion and we may charge for all work carried out or expenses incurred in relation to the order before our acceptance of cancellation.
21. DATA PROTECTION
21.1 We observe applicable data protection and privacy laws and will not use your Personal Data without your consent or other than as set out below.
21.2 By submitting an order, you consent to us processing your account information and personal details submitted by you ("Personal Data") for the purposes of processing and fulfilling your order. We may also ask for additional Personal Data if reasonably necessary for the purposes of verification of your identity or fraud prevention purposes.
21.3 You also acknowledge and agree that we are permitted to use this Personal Data and may disclose this Personal Data to credit or debit card companies and the third party manufacturer, licensor or supplier of the Products, in each case for the purposes of processing and fulfilling your order or (if necessary) dealing with any contractual or after-sales issues that you have.
21.4 We may occasionally use or disclose anonymous customer information for the purpose of statistical analysis or other business purposes. This will not include Personal Data that identifies you.
21.6 In relation to security of Product orders that you place with us:
21.6.1 We use secure-server software such as PCI Gateway which will encrypt your Personal Data including credit or debit card number and name and address. This means that the characters that you enter are converted into pieces of code that are then securely transmitted over the Internet.
22 FORCE MAJEURE
22.1 We will not be liable for any failure in the performance of any of our obligations under the Contract caused by factors outside our control.
23 LAW AND JURISDICTION
23.1 This Contract will be governed by Maltese law and you consent to the jurisdiction of Maltese Courts and competent Maltese Courts and Tribunals in all matters regarding it.
24.1 Any notice given under this Contract will be in writing and may be served personally, by registered or recorded delivery mail, by email or by any other means which any party specifies by notice to the other.
24.2 Each party's address for the service of notice will be:
24.2.1 Us - the address specified in clause 1.2 or such other address and email address as we specify by notice to you (currently being: [email protected]); and
24.2.2 You – the address and email address given to us at the time an order is placed with us.
24.3 A notice will be deemed to have been served: if it was served in person, at the time of service, if it was served by post, 48 hours after it was posted and if via email once it has been transmitted.
24.4 Our office hours are: Mon – Fri (excl. public holidays) from 09:00 – 16:00hrs.
25.1 Each of our rights or remedies under the Contract is without prejudice to any other right or remedy that we may have whether under the Contract or not.
25.2 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it will to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision will continue in full force and effect.
25.3 Failure or delay by us in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of our rights under the Contract.
25.4 Any waiver by us of any breach of, or any default under, any provision of the Contract by you will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract.
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