Online Purchase of Goods Terms and Conditions
In proceeding with your purchase, you agree to these terms and conditions regulating the purchase (“Terms and Conditions”)
These terms and conditions constitute a binding relationship between you as Customer or Business Customer and us, Shapelamp, a joint venture between Altern Limited, a company registered in Malta with registration number C 45287 and having its registered address at KW17A, Corradino Industrial Estate, Paola PLA300, Malta (“Altern”) and Sean Co Limited, a company registered in Malta with company registration number C 86056 and having its registered address at 15, Lyrae, Triq il-Frawli, Attard, ATD1812, Malta (“SeanCo”). The joint venture is referred to in this privacy notice as “Shapelamp”, You and us may be referred to in these Terms and Conditions individually as ‘Party’ or collectively as ‘Parties’.
1.1. In this document the following words shall have the following meanings:
1.1.1. “Business Customer” means any person who, in purchasing Goods from this Website, is acting in the course of his trade, business, craft or profession;
1.1.2. “Customer” means any natural person who, in purchasing Goods from this Website, is acting outside his trade, business, craft or profession;
1.1.3. “Force Majeure” means any event which was not reasonably foreseeable by the Parties and which is beyond the Parties’ control which causes delay or failure of a party to perform its obligations under these Terms and Conditions and which is not due to the Parties’ actions or omissions and the parties had acted diligently and prudently and in accordance to the standard of the bonus paterfamilias.
1.1.4. “Goods” means the articles specified on the Website available to you for sale and/or on the Order;
1.1.5. “Order” means a confirmed request by the Customer or Business Customer to purchase the Goods;
1.1.6. “Price” means the consideration paid by you for the acquisition of the Goods or Services as described in Clause 5, exclusive of taxes, delivery charges, and related expenses, but inclusive of VAT where applicable.
1.1.7. “Total Price” means the Price of the Goods inclusive of applicable taxes other than VAT, delivery charges and any other related expenses.
1.1.8. “Shapelamp” means the joint venture between between Altern Limited, a company registered in Malta with registration number C 45287 and having its registered address at KW17A, Corradino Industrial Estate, Paola PLA300, Malta and Sean Co Limited, a company registered in Malta with company registration number C 86056 and having its registered address at 15, Lyrae, Triq il-Frawli, Attard, ATD1812, Malta .
1.1.9. “Terms and Conditions” means the terms and conditions set out in this document and any special terms and conditions agreed in writing by Shapelamp.
1.1.10. “Website” means the web page operated by Shapelamp for the purpose of selling Goods, namely www.shapelamp.com.
2.1. These Terms and Conditions shall govern the sale and purchase of Goods through our Website.
2.2. You will be asked to give your express agreement to these Terms and Conditions before you place an Order on our Website.
2.3. Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by Shapelamp.
2.4. Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Shapelamp or the Customer or Business Customer may be entitled in relation to the Goods by virtue of any law, subsidiary legislation, or regulation.
3. ORDER PROCESS
3.1. Any advertisement on our Website or any other magazine or catalogue shall constitute an invitation to treat and shall in no case be considered to be a contractual offer.
3.2. A contract for the purchase of Goods will only come into force upon the acceptance of the Order by Shapelamp in accordance to the procedure set out in Clause 3.3.
3.3. The Order shall be made and the contract for the purchase of Goods shall be deemed to be entered into through our Website when the procedure laid herein is followed.
3.4. You accept and agree that in placing the Order for the Purchase of Goods and accept the Order pursuant to these Terms and Conditions, which Terms and Conditions define the terms and conditions of the contractual relationship entered between the Parties.
3.5. You acknowledge and accept that placing the Order entails the obligation by the Customer or Business Customer to pay the Shapelamp the price of the Goods and expenses relative to the Goods.
4. AVAILABILITY OF GOODS
4.1. You understand that certain Goods on our Website may be unavailable from time to time.
4.2. We may change the Goods available on our Website, but this will not affect any purchase contracts which have previously come into force.
4.3. If the Product becomes unavailable following an Order or transaction but prior to delivery, your sole remedy is a refund equal to the Price or Total Price paid for the Good in question.
5.1. The Price of the Goods shall be the Price stated on the Website, and will include, where applicable, Value Added Tax (“VAT”).
5.2. The Price of Goods referred to in Clause 5.1 is exclusive of delivery charges. Before completing your Order, you will have the opportunity to see a breakdown of the Price, including delivery charges.
6. PAYMENT METHOD
6.1. Once an Order is placed, a checkout window will appear and you will be required to pay the Total Price of the Goods.
6.2. Payments shall only be made online by means of a credit card payment procedure. You will be requested to fill in all the necessary credit card information requested in order for the payment to be accepted.
6.3. If you fail to pay us any amount due under these Terms and Conditions in accordance with the provisions of these Terms and Conditions, then we may withhold the Goods ordered and/or by written notice to you at any time cancel the contract of sale for the Goods.
6.4. In the event that an amount on your credit card is blocked, we shall notify you by means of a written notice or via electronic mail and you will have a period of seven (7) days to remedy the situation and pay us the Total Price or any pending balance.
6.5. In the event provided in Clause 6.4, upon the lapse of seven (7) days, if no payment is made, the Order for purchase shall be deemed to have been cancelled and revoked and you shall not be entitled to the Good or Product ordered whilst Shapelamp shall not be entitled to the payment of any sum.
7.1. Once the Order is confirmed You will receive an order confirmation which shall contain an estimated date of delivery.
7.2. We shall use reasonable endeavours to deliver the Goods on or before the date for delivery set out in the order confirmation or if no date is set out in the order confirmation, within thirty days (30)days following the date of the order confirmation, however we do not guarantee delivery by these dates.
7.3. We do guarantee that unless there are exceptional circumstances, all deliveries of Goods will be delivered within sixty (60) days following the date of the order confirmation.
7.4. For the Purpose of Clause 7.3, exceptional circumstances shall include all instances falling within the meaning of Force Majeure.
7.5. For the purpose of Clause 7.3, if the Goods are not delivered within the time stipulated in this clause, the Customer shall have the right to terminate the agreement. However, before exercising such right, the Customer shall first call upon Shapelamp to make delivery and if delivery is not made within seven (7) days from date that Shapelamp has been called upon, the Customer shall be entitled to terminate the purchase Order.
7.6. Clauses 7.3, 7.4 and 7.5 shall apply only if you contract with us as a Customer. and shall not apply to Business Customers.
7.7. We only deliver to Countries within the European Union.
8. RIGHT OF WITHDRAWAL
8.1. This section 8 applies only if you contract with us as a Customer, and shall not apply to Business Customers.
8.2. You have the right to withdraw from this Agreement or cancel the Order, without giving any reason, within fourteen (14) days beginning from the day of Order confirmation and ending at the end of fourteen (14) days after the day on which the Goods came into your physical possession or the physical possession of a person identified by you to take possession of them.
8.3. If the contract is for the delivery of multiple Goods, the fourteen (14) days shall expire after fourteen (14) days after the day on which the last Good comes into your physical possession or the physical possession of a person identified by You.
8.4. To exercise the right of withdrawal, you must inform us of your decision to withdraw from this Agreement by an unequivocal statement either a letter sent by post or electronically via mail.
8.5. To meet the withdrawal deadline as stated in Clause 8.6, it is sufficient for you to send your communication concerning the right to withdraw before the withdrawal period has expired.
8.6. In the event of cancellation of the Order as described in Clause 8, you must send the Goods back to us at our address a Shapelamp, Altern Limited, F9, Bologna Centre, Mosta Technopark. Mosta. MST3000. Malta You must comply with your obligations referred to in this Section without undue delay and in any event not later than fourteen (14) days after the day on which you inform us of your decision to cancel the contract.
8.7. If you cancel the Order in accordance with this Section, you will receive a full refund of the amount you paid to us in respect of the Order including the costs of delivery to you, except:
8.7.1. If you chose a delivery costing more than the least expensive delivery that we offer, we reserve the right to retain the difference in cost between the kind of delivery you chose and the least expensive kind of delivery that we offer; and
8.7.2. As otherwise provided in this Section 8.
8.8. If the value of the Goods returned by you is diminished by any amount as to the result of the handling of those Goods by you beyond what is necessary to establish the nature, characteristics and functioning of the Goods, we may recover that amount from you up to the Total Price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount directly to us. For the purpose of this Clause, handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be “beyond what is necessary to establish the nature, characteristics and functioning of the Goods” for these purposes.
8.9. We will carry out the 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.
8.10. The right to withdraw and cancel a contract as described in this Section shall not apply insofar as the contract relates to:
8.10.1. the supply of goods which are liable to deterioration or expire rapidly;
8.10.2. the supply of non-prefabricated goods that are made on the basis of individual choice of or decision by you or goods that are personalised;
8.10.3. the supply of goods which, according to their nature are inseparably mixed with other items after delivery.
9.1. The risk of loss of or damage to the Goods shall pass to you when you or a third party indicated by you other than the carrier has acquired the physical possession of the Goods.
10. WARRANTIES AND REPRESENTATIONS
- You warrant and represent to us that you are legally capable of entering into binding contracts and have full authority, power and capacity to agree to these Terms and Conditions.
- All Goods sold via our Website are covered by the relevant statutory manufacturer’s warranty, valid for two (2) years from the date on which the Goods are delivered to you. This warranty entitles you to ask us to repair or replace any of the Goods free of charge if these are found to be defective or not made to Your specifications.
- The warranty referred to in the last preceding clause shall not apply to:
- Any maintenance or repairs necessitated by improper use of the Goods;
- Any maintenance or repairs caused by reasonable wear and tear;
- Consumables and components (such as light bulbs or LEDs) that are expected to require periodic replacement during the lifetime of the Goods;
- Damage or defects resulting from misuse, abuse, accidents, alterations, operation, treatment, or improper installation of the Goods, whether such damage or defects are caused by You or successive owners of the Goods.
- Corrective work necessitated by repairs made by anyone other than a person approved by us;
- Damage or defects caused by neglect, accident, fire, liquids, chemical, other substances, water intrusion, flooding, vibrations, improper ventilation, power surges, excess, incorrect supply or input voltage, and other forces and impacts including damage or defects caused or affected by the weather.
- The warranty referred to in this section shall not be effective and shall not apply if we are not notified of any defect, malfunction, or nonconformity promptly upon discovery. Where delay on Your part or any subsequent owner to report a defect, malfunction or nonconformity promptly results in aggravated or additional defects, malfunctions or nonconformity, You or any subsequent owners, shall be liable to pay for the cost of repair or replacement.
- Goods or parts thereof may sometimes be sourced from third-party manufacturers or suppliers (‘Third-Party Goods’). To the extent that any warranties from third-parties (‘Third Party-Warranties’) are still in effect with respect to such Goods and have not been extinguished for any reason whatsoever, we hereby assigns, without further action, any and all existing assignable Third-Party Warranties, including any and all rights and benefits, arising out of, or in connection with any Third-Party Warranty applicable to the Goods. Furthermore, we hereby grant You and any subsequent owner rights of subrogation relating to any claim which we may have under such warranties (if any) concerning the Goods.
- Notwithstanding anything in these Terms and Conditions concerning the availability and applicability of the warranty, You hereby undertakes to release, and releases, us from any liability in respect of any defect or lack of conformity of any kind whatsoever in any Good, whether arising before or after delivery thereof, if the Good is covered by a Third-Party Warranty, in which case You shall seek any remedial action directly against issuers of said Third-Party Warranties.
- If any subsequent owner of a Good is a consumer within the meaning of the Consumers Affairs Act, Chapter 378 of the Laws of Malta, the provisions of such act shall apply and the provisions of these Terms and Conditions shall be without prejudice to such applicable legislation.
11. LIMITATIONS AND EXCLUSIONS OF LIABILITY
11.1. Nothing in these Terms and Conditions will:
11.1.1. limit or exclude any liability for death or personal injury resulting from negligence;
11.1.2. limit or exclude any liability for fraud or fraudulent misrepresentation;
11.1.3. exclude any liabilities that may not be excluded under applicable law;
11.2. While we endeavour to ensure that all the information, we provide in the Website is correct, we do not accept liability for any error and omissions and reserve the right to change information, prices, specifications and descriptions of listed goods and products.
11.3. We will not be liable for any losses arising out of any event or events beyond our reasonable control.
11.4. We will not be liable to you in respect of any business losses, including loss of or damage to profits, income, revenue, use, production, savings, business or goodwill.
11.5. Our aggregate liability to You in respect of any Contract to purchase Products/Goods form us under these Terms and Conditions shall not exceed the greater of the Total Price you paid for the Products.
12. ORDER CANCELLATION FOR BUSINESS CUSTOMERS
12.1. If you are a Business Customer, we may cancel your Order under these Terms and Conditions by written notice to you or electronically via mail if:
12.1.1. you cease to trade;
12.1.2. you become insolvent or unable to pay your debts;
12.1.3. the ability of your creditors to take any action to enforce their debts is suspended, restricted or prevented, or some or all of your creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums;
12.1.4. any process for winding up has commenced.
13.1. We may revise these Terms and Conditions from time to time by publishing a new version on our Website.
14.1. You hereby agree that we may transfer, sub-contracts, assign or otherwise our rights and obligations under these Terms and Conditions provided that if you are a Customer such transfer, sub-contracting or assignment shall not serve to reduce the guarantees provided to you under this Agreement.
14.2. You may not without our prior consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these Terms and Conditions.
15.1. No waiver of any part of any of the provisions of these Terms and Conditions shall be effective unless explicitly set forth in writing and signed by the Party so waiving.
15.2. No waiver of any breach of any provision of these Terms and Conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision under this Agreement.
16.1. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Further, all such terms shall be applied to the extent allowed by applicable law.
17. ENTIRE AGREEMENT
17.1. These Terms and Conditions, shall constitute the entire agreement between You and Us in relation to the purchase of our Products and shall supersede all previous agreements between You and Us in relation to the sale and purchase of our Products.
18. LAW AND JURISDICTION
18.1. This is a Maltese website and is subject to the laws of the Republic of Malta.
18.2. Every purchase you make shall be deemed performed in Malta. Maltese law shall govern every aspect of the contractual agreement between you and Shapelamp concerning purchases made from the website.
18.3. All disputes arising from the use of this website and/or and electronic contractual agreement between you and Shapelamp shall be subject to the exclusive jurisdiction of the Courts of Justice of Malta.
19. OUR DETAILS
19.1. This Website is owned and Operated by Shapelamp.
19.2. We are a joint venture under Altern Limited which is registered in Malta under registration number C 45287 and our registered office is at KW17A, Corradino Industrial Estate, Paola PLA 3000, Malta.
19.3. Our principal place of business is at KW17A, Corradino Industrial Estate, Paola, PLA3000, Malta.
19.4. You can contact us:
19.4.1. By post, using this postal address:- Shapelamp, Altern Limited, KW17A, Corradino Industrial Estate, Paola, PLA3000, Malta
19.4.2. By using our website’s contact form
19.4.3. By telephone on +356 2099 6465 or email [email protected]