of use for CruelyFreeMalta.com
GENERAL TERMS & CONDITIONS FOR USE OF THE ONLINE SITE JUNE 02, 2011
CRUELTYFREEMALTA.COM (‘we’) website (our ‘Site’) and related services are made available to you in accordance with the following Terms and Conditions (collectively known as ‘T&C’), and any other rules posted on our Site. Please read the T&C carefully before placing any orders on CRUELTYFREEMALTA.COM. By placing an order on the Site, you are agreeing to all of the T&C. We recommend that you should keep a copy of the T&C for future reference.
CRUELTYFREEMALTA.COM is an e-shop advertising and marketing beauty products, fragrances, body care products, products for babies and children, makeup, men products, skincare products, sun and tanning products and gifts & sets (collectively known as ‘Products’). These Products are then delivered and distributed by the particular Supplier of that product once an order is placed on the Site. Any complaints regarding the products or
the Site can be made in written form at the following business address:
CRUELTYFREEMALTA.COM, c/o “Solana del Ter,” 8, Triq il Bosfru, San Gwann, SGN1952, Malta. For general queries please contact CRUELTYFREEMALTA.COM at the following e-mail address: [email protected]
Orders can only be made by anyone over eighteen years of age, however, orders made by those under eighteen are accepted as long as there is the consent of the appropriate parent or legal guardian.
The T&C are subject to change from time to time without notice. It is recommended that you check the T&C regularly for any change that may occur. If you do not agree to the current T&C then you should stop using the Site and you should not place an order. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law. We are not liable if access to the Site is restricted or the Site is inaccessible at any given time.
The Site contains links to other websites such as the links provided under the Sponsor heading. These sites link to external sites which are not operated by the Site and the latter has no control over the external sites and thus cannot be liable or responsible for them or for any loss or damage which may occur through the use of those external sites.
1.1 To place an order on the Site you need to register, otherwise, without registration, you can only order products if you have a PayPal account, if not, you are only allowed to browse. Registration requires the giving of your personal details such as name, surname, address,
telephone number, date of birth, email and password for logging on to the Site. Should any of your registration information change, we should be notified immediately via e-mail or via post and we are not responsible for any liability if the details provided in the Registration form were filled out incorrectly.
1.2 Passwords should be unique and should not be given out to anyone who asks for your password. If you suspect that your password has become known to other persons than yourself, the Site should be notified immediately via e-mail or via post, otherwise, the Site will not be held responsible for any liability occurring through the misuse of your account.
1.3 We reserve the right to close the accounts of any registered user if such a user uses proxy internet protocol addresses, and/or has multiple accounts made for malevolent reasons and/or harms any of our services in any way while reserving the right to take any required legal action against you.
1.4 You are free to unsubscribe and/or de-register at any time by following the required instructions on the Site.
2.1 By Registration you agree to the use and processing of your personal information.
2.2 We are committed to protecting your privacy thus we will not disclose information about you to third parties except where it is part of providing a service to you.
2.3 We will not give out your name, address, e-mail address, credit card information or personal information to any third party without your permission unless required by law or unless required under any other provisions of these T&C.
2.4 If you have placed an order and/or registered as a user of our Site we will be able to update you on our latest products, news and special offers via e-mail, post and/or any other means of communication. You will also be given the opportunity to receive such communications from us and selected third parties if you so want to by following the required instructions on our Site.
2.5 We may use personal information provided by you in order to conduct appropriate anti-fraud checks. Personal information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information. We may also disclose or share your personal data in order to comply with any legal obligation.
2.6 Since the transmission of information via the Internet is not completely secure we cannot guarantee the security of data transmitted to our site. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access but if such access does take place without our knowledge we cannot be held responsible.
2.7 Our site may contain links to third parties and as such, they have their own privacy policies and terms and conditions. Please check these policies before you submit any personal data to these websites.
3.1 In order to make any purchase you must either have a PayPal account or you must be registered with the Site. However, registration with the site allows you to shop faster, track the status of your current orders, review your previous orders and take advantage of our other member’s benefits.
3.2 In order to place orders the rules regarding registration will be applicable or if you opt not to register with the Site, the rules applicable to PayPal will be applicable. As regards the latter we recommend that you read carefully the rules regarding PayPal.
3.3 By making an order you are permitting us to perform any necessary credit checks, any necessary checks regarding your credit/debit card number or credit reports, to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions.
3.4 We may use your personal information as provided by you in order to carry out the required anti-fraud checks, if necessary and any ancillary act thereto such as the disclosure of your personal information to a credit reference or to a fraud prevention agency.
- TERMS OF SALE
4.1 By placing an order you are accepting the T&C related to this Site and to purchasing the product. All orders are subject to availability and confirmation of the order price.
4.2 The purchase of any gift certificates is subject to the same T&C as when you are placing an order. For further information regarding the gift certificates please go on Gift Certificates.
4.3 Discount coupons are available on this site by simply inputting the coupon code at checkout and we automatically deduct the amount off the total balance according to the coupon.
4.4 In order to make an order on our Site you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to PayPal since all payments must be made through PayPal. We retain the right to refuse any request made by you. Since payment is made through PayPal we suggest that you look at the terms and conditions regulating PayPal before proceeding to make an order with us.
4.5 Where making an order the order is made on this Site, but payment is made through PayPal and delivery is effected not by us but by the Supplier of the particular product and such particular products may be subject to the terms of sale which the Supplier might at his/her discretion impose. When placing an order you undertake that all details you provide to us are true and accurate. All prices advertised are subject to such changes.
4.6 The prices on the Site are inclusive of VAT however, they do not include delivery costs.
4.7 If any error occurs from our part regarding any of the product details, descriptions and/or prices we will allow a time period for which you may re-confirm or rescind your order. If you cancel your and you have already paid for the goods, you will receive a full refund. For further information please check Article 6. Refunds.
4.8 Once the service is paid for, we cannot make changes to it. Therefore, if you wish to amend the address, you will need to cancel the collection and pay for a new one.
- TERMS OF DELIVERY
5.1 Delivery of the products ordered is affected by the Supplier of the particular product and not by us. Dispatch times may vary according to availability and it depends upon the Supplier of the particular product and not on us. As soon as an order is made on our Site we will immediately contact the Supplier with the Order request.
5.2 Delivery costs are measured by the weight of the product ordered. They are included in the price of the product.
5.3 Worldwide deliveries are not carried out. Only deliveries to the Maltese Islands, that is Malta and Gozo are carried out.
6.1 Returns are only accepted within 15 days of receipt of the product purchased and only if such product is unused and returned in an acceptable saleable condition. The price of the product purchased will be reimbursed.
6.2 Returns can be sent by mail – however, the delivery costs associated with the return of the product purchased are to be taken care of and borne by you.
6.3 We do not accept returns of personalised products or products that are made made-to-measure or products which by their reason cannot be returned such as perishable products. In the interests of personal hygiene we do not offer refunds on pierced earrings.
6.4 If we have made a mistake on an item sent to you, that is sent the wrong item or it is damaged or not of satisfactory quality or unfit for purpose, we will refund the delivery charges you have made to receive that item unless it was sent to you with other items which
you are not returning.
6.5 In addition to our returns policy, under the Distance Selling Regulations you have seven working days cooling-off period (beginning the day after receipt) in which you can cancel your purchase (limited only to non-perishable products and not to made-to-
measure/personalised/perishable products). This will apply only if the product is returned in an acceptable saleable condition.
6.6 Refunds will be affected within 30 days of the cancellation.
7.1 You cannot misuse this Site in such a way that it amounts to any kind of criminal offence including but not limited to cyber-crime. We will report any such offence and in so doing we will be disclosing your identity to the relevant authorities.
7.2 We will not be held liable for any loss or damage caused by any criminal offence committed by a third party while using our Site such as any damage caused by a worm or a Trojan virus which may infect your computer equipment, computer programmes, data or other proprietary material due to your use of this Site or to any ancillary use of this Site.
- INTELLECTUAL PROPERTY RIGHTS
8.1 The intellectual property rights in all software and content including the name CRUELTYFREEMALTA.COM and which are made available to you on or through this Site is our property or of the particular licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by us and the respective licensors. Thus any kind of storage, printing and displaying must be for personal use only and not for other commercial purposes.
8.2 You are not allowed to modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by us or the respective licensors only and not to anyone else.
8.3 You may link or share our Site provided it is done without breaching any legal provision be it international law or the Laws of Malta. You cannot link or share our Site to damage our reputation or take advantage of it and you cannot suggest any form of association, approval or endorsement on our part with you where none exists. If this does occur legal action will be taken against you.
9.1 We do not provide a commercial guarantee and we expressly exclude any form of commercial guarantees from our end. Unless expressly stated by the Laws of Malta we are not liable for any damages whatsoever arising out of the products purchased.
9.2 The information displayed on this Site is provided without any guarantees, conditions or warranties as to its accuracy. We seek to provide the utmost correct information, however, unintentional errors might occur and for such we are not liable. Unless expressly stated by the Laws of Malta and we abide by any liabilities provided by the Laws of Malta, we are not liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Site and any materials posted thereon.
10.1 Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and images of third party products, featured on this Site are not produced by us and do not belong to us. We are simply offering the products produced and manufactured by external third-parties, who said third-parties have entered into a private agreement with us to allow us to sell their products on our Site.
10.2 We reserve the right to change, amend, remove, delete or vary any information and/or products and/or information pertaining to such products on our Site from time to time.
10.3 These T&C are governed by the Laws of Malta including but not limited to the Consumer Affairs Act, Chapter 378 of the Laws of Malta, the Distance Selling Regulations, Subsidiary Legislation 378.08 of the Laws of Malta, thus the exclusive jurisdiction governing any dispute/claim which might arise belong to that of the Maltese Courts.
10.4 These T&C constitute the agreement between you and CRUELTYFREEMALTA.COM therefore before placing any order make sure that you agree with all the articles listed in our T&C. We will not be held liable for any uninformed decision you might have taken regarding our Site.