TERMS & CONDITIONS OF SERVICE (the “T&Cs”)
Effective Date: 27/06/2019
These T&Cs apply when you order any goods via this website. Please read these T&Cs carefully before making any purchases from this website.
We may update these T&Cs at any time in our sole discretion as a result of a change in applicable law.
This website is operated by Attard & Co Food Ltd (C25937) (the “Company”, “We”, “Us” and “Our”) having its registered office at Canter Business Centre, Triq Patri Felicjan Bilocca, Marsa, MRS 1524, Malta.
We may be contacted by email at [email protected] or by telephone on 21237555.
Our Trading License Number is A1284/2013 and Our VAT Registration number is MT15713908.
- Age Restriction
You must be or over to purchase alcoholic products from this website. If you are buying any alcoholic products on behalf of or for another individual, the recipient must also be over 17 years old.
By creating an account and placing an order on this website, you confirm that both you, as well as the recipients of the alcoholic products are at least 17 years old. Should We require further confirmation of age, We reserve the right to request relevant identity documents from you. Please be aware that orders may be suspended until satisfactory proof of age is submitted and accepted by Us.
- Your order
Following successful creation of an account on Our website, you are able to order goods from Our Website. Your order is considered to be an offer to buy goods from Us and a binding contract with respect to the supply of the goods shall only be deemed to have been created between you and Us upon successful dispatch of the goods.
Before submitting your order to Us, kindly ensure that you have checked your order carefully. Y
All orders and transactions executed on this website are deemed to be concluded in English.
Acknowledgement from Us following a placement of an order or following payment of the goods shall not be tantamount to an acceptance of the offer. Your order is accepted when We provide you with confirmation of dispatch of the goods.
- Unavailability of Goods
If any goods forming part of your order are unavailable prior to dispatch, We will notify you of the unavailability as soon as possible. In such a scenario, you will have the opportunity to (i) substitute the unavailable product for another similar product as indicated by Us or (ii) be provided with a refund (in Euros) equal to the amount of the unavailable goods.
- Payment Confirmations
Payment must be received by Us together with the placement of an order. We will only process payments if we obtain authorisation from Our payment partner to do so. We shall not dispatch any order until We have received payment in full. Payment is final unless one of the conditions set out above subsists; those being (i) amendment of order; (ii) cancellation of order by you; (iii) unavailability of goods; or (iv) cancellation of the order by Us prior to dispatch of the goods.
Note that payment and/or receipt of payment shall not be considered to be tantamount to the conclusion of a binding contract between you and Us or Our acceptance of your offer to buy goods from Us.
We shall not be held liable to you or any other third party for any direct, indirect, incidental, special, or consequential damages or losses sustained as a result of late despatch and/or delivery due to unsettled funds insofar as permitted under applicable law.
- Price of the goods
All prices on Our website are stated in Euros and are inclusive of Value Added Tax (“VAT”).
In the event that a product has been incorrectly priced on Our website, We will contact you prior to dispatch in order to liaise the way in which We shall receive the difference in price or to provide you with a refund of the difference in price, as applicable. In the event that a product has been incorrectly priced on Our website We shall be entitled to cancel the order.
Delivery costs are charged at the price shown on Our website upon checkout.
We will only arrange for delivery following successful receipt of full payment. Delivery will be to the address which you specify when ordering and you hereby guarantee that the address details provided to Us are correct and final.
We reserve the right to refuse delivery if We are of the view that the recipient receiving the delivery may be under 18 years of age. In such a scenario, We shall not deliver the goods unless and until We have received proof of age demonstrating that the recipient is 18 years of age or older. If no such proof of age is presented, We reserve the right to refuse the delivery of the goods and shall provide you with a full refund (in Euros).
We shall not be held liable to you or any other third party for any direct, indirect, incidental, special, or consequential damages or losses sustained as a result of late or no delivery to the extent that this is due to circumstances beyond our reasonable control.
- Damaged or incorrectly described goods
In the case of delivery of damaged goods or where the goods delivered are incorrectly described, please contact Us (quoting your order number) within twelve of delivery with details on the extent of the damage to the goods. Please return the goods to Us immediately at your own cost in a safe manner and in the state that they were received at the point of delivery and We will provide you with a full refund or a substitution of the damaged or incorrectly described good as soon as possible (subject to stock availability). Should the good not be available in stock, you will have the opportunity to receive another similar good as indicated by Us.
Goods are to be returned to the following address: Canter Business Centre, Triq Patri Felicjan Bilocca, Marsa, MRS 1524, Malta.
Our responsibility towards you
Nothing in these T&Cs shall exclude Our liability for Our bad faith, wilful misconduct, gross negligence, personal injury or death. You must give Us reasonable opportunity to remedy any matter for which We are liable before you incur any costs in remedying the matter yourself.
We are not responsible for any loss or damage where:
- There is no breach of a legal duty of care owed to you by Us or by any of Our employees or agents;
- Such loss or damage was not reasonably foreseeable by both parties;
- Such loss or damage is caused by you, for example by not complying with these T&Cs; or
- There has been an abuse or misuse of our goods by you.
If, for any reason, a competent court or authority finds Us liable for damages notwithstanding the foregoing, in no event shall Our total liability for all damages exceed the amount paid by you to Us for your use or receipt of the goods.
- Your responsibility towards Us
You are aware of and understand the responsibilities and risks associated with the consumption of alcohol.
You shall indemnify and hold Us and Our members, affiliates, employees and agents harmless against all claims, associated costs, damages or expenses, demands, actions, or liability of whatsoever description, including disbursements, losses or cost of defence of a claim, made by any third party (instituted or threatened) arising from and/or directly or indirectly related to:
- breach of these T&Cs;
- your breach of applicable laws;
- your breach of guidance, directives or orders by a supervisory authority or body; and/or
- your breach of any court order.
- Ownership of the goods
Ownership of the goods as well as the risk of damage or loss of the goods shall pass onto you upon dispatch of the goods. Until such time, We shall remain the owner of the goods in terms of applicable law and the risk of damage or loss of the goods shall lie with Us.
- Website Disclaimer
Whilst We seek to ensure that the information on Our Website is complete and accurate, We do not warrant the accuracy and/or completeness and/or availability of any information on Our Website. We also make no commitment to keep the information on Our Website up to date.
We cannot guarantee how users or other third parties will make use of Our Website and We shall assume no liability in your favour in relation to such third party use.
Third party websites may be linked to Our Website. We have no control over and assume no liability for the content, privacy practices, and actions of any third party websites, services or resources. You hereby agree that We shall not be held liable or responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with third party websites or services.
- Availability of Our Website
We strive to implement all necessary technical and organisational measures to ensure that Our Website is safe. However, We do not guarantee that Our website will be secure or free from bugs or viruses.
You are responsible for configuring your information technology systems, computer programmes and platforms to access Our Website and you should use your own virus protection software and/or other forms of security.
You must not misuse Our Website including by knowingly introducing viruses, Trojans, worms, logic bombs or other material that is malicious or harmful. You must not attempt to gain unauthorised access to Our Website, the server on which Our Website is stored or any other server, computer or database connected to Our Website. You must not attack Our Website via a denial-of-service attack or distributed denial-of-service attack.
- Force Majeure
Neither you nor We are to be held liable for failure to perform or for a delay in performing any obligation (excluding payment) under these T&Cs if the failure or delay is caused by acts, events, omissions, happenings or non-happenings beyond each party’s reasonable control, unless such events are a direct or indirect consequence of such party’s act or omission.
For the purposes of these T&Cs, We shall be considered to be the data controller of your personal data. You hereby acknowledge that you have been provided with Our privacy notice, available here [link]. Should you require further clarification on Our privacy notice, please contact Us prior to submitting an order on Our website
In the event that you shall be providing Us with personal data relating to third party individuals, you shall be solely responsible to ensure that:
- you immediately bring Our privacy notice to the attention of such third party data subjects and direct them to it;
- the collection, transfer, provision and any processing of such personal data by you fully complies any applicable laws;
- you remain fully liable towards such data subjects and shall adhere to the applicable data protection laws;
- you collect any information notices, approval, consents or other requirements that may be required from such data subject before providing Us with their personal data; and
- you remain responsible for making sure the information you give Us is accurate and up to date, and you must tell Us if anything changes immediately.
You hereby fully indemnify Us and shall render Us completely harmless on first written demand against all costs, damages or liability of whatsoever nature resulting from any claims or litigation (instituted or threatened) against Us as a result of your provision of said personal data to Us.
The clause headings do not form part of these T&Cs and shall not be taken into account in their construction or interpretation.
Any failure by either party to exercise or enforce any right or provision of these T&Cs shall not be interpreted as being a waiver of such right or provision.
If any of the provisions of these T&Cs become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remainder of these T&Cs shall not be affected.
- Suspension or Withdrawal
We do not guarantee that the Service or the Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Website at any time. We may try to give you reasonable notice of any such suspension or withdrawal.
If any of the provisions of these T&Cs becomes illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remainder of these T&Cs shall not be affected.
- Governing Law and Jurisdiction
These T&Cs and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be regulated by the laws of Malta.