Terms & Conditions
A) Price and Payment Procedure
•MaltaPost p.l.c (hereinafter referred to as ‘MaltaPost’ or ‘Company’) shall only be bound to deliver the goods once the client has made the relative payment. Payment shall become due when the agreement between the parties is concluded, the goods are available for delivery and have been invoiced. Time and method of payment may be contractually agreed to between the parties. The price due is inclusive of value added tax (VAT).
•Prices (unless otherwise expressly stated) shall be inclusive of VAT at the rate indicated on the Company’s invoice.
•Where the price is expressed to be inclusive of VAT it may be adjusted at any time before delivery to reflect any increase in the VAT rate.
•Authorisation through the client’s credit card (via Paypal or other online payment methods) of the price of the good shall be effected once an order is confirmed.
•If the client fails to make the payment on the due date then, without prejudice to any of the Company’s other rights, MaltaPost may:
-suspend or cancel deliveries of any article/s due to the client; and/or
-appropriate any payment made by the client to such of the goods (or goods supplied under any other contract) as MaltaPost may in its sole discretion think fit.
•Other charges may be applicable to orders required to be sent through courier service.
•Same or next day delivery service excludes Sundays and Public Holidays.
•MaltaPost endeavours to deliver the goods to the client within the time specified.
•In the event that MaltaPost is unable to deliver the goods to the client within the times specified:
oMaltaPost shall inform the client by e-mail;
oMaltaPost will make a further offer to the client via e-mail to sell the goods of the specification and description at the price stated and will indicate the period for which the offer or the price remains valid;
oShould the client reject the proposal, MaltaPost will reimburse any sum paid by the client or by a third party on the client’s behalf in relation to the agreement within a period of thirty (30) days commencing from the day following when the period for delivery expired.
C) Right of Cancellation
Prior to the conclusion of any purchase, MaltaPost shall provide the client with:
i.the full name and the permanent address of its trade or business;
ii.a description of the main characteristics of the goods or services provided;
iii.the price of the goods or services including any taxes and/or any charges due;
v.the arrangements for payment, delivery or performance;
vi.the existence of the right of cancellation by the consumer, except in the cases referred to in the forthcoming section;
vii.the cost of using the means of distance communication, where it is calculated at a rate higher than the basic rate;
viii.the period during which the offer or the price remains valid;
ix.where appropriate, the minimum duration of the contract in the case of the supply of products or services which are to be performed permanently or recurrently;
x.written information on the conditions and procedures for exercising the right of cancellation;
xi.information on after-sales services and commercial guarantees which exist, where applicable;
xii.the conditions applicable to cancel the contract, where this is of an unspecified duration or of a duration exceeding one year.
This information shall be given in accordance with the principles of good faith in commercial transactions, and MaltaPost commits itself not to take improper advantage of any inability of the consumer arising due to age, infirmity or otherwise. MaltaPost shall in any case always make clear the commercial purpose of the information given.
The rights of cancellation set out below apply to any agreement between the client and MaltaPost. The consumer may not exercise his right to cancel in respect of contracts:
i.for the provision of services, if performance has begun, with the consent of the consumer before the end of the fifteen day period;
ii.for the supply of goods or services the price of which depends on fluctuations in the financial market which are not in the specific control by MaltaPost;
iii.for the supply of goods made-to-measure to the specifications of the consumer and are clearly personalized and which, by reason of their nature, cannot be returned or are liable to deteriorate or expire rapidly;
iv.for the supply of audio or video recording equipment or computer software which are unsealed by the consumer;
v.for the supply of newspapers, periodicals and magazines.
•The client has a right to cancel the agreement and return the product at any time before the expiry of a period of fifteen (15) days from the day on which the client receives the goods.
•The client may cancel by giving MaltaPost notice in any of the following ways:
oby a notice in writing which the client leaves at the Company’s address (see below);
oby a notice in writing which the client sends by registered post to MaltaPost’s address (see below);
oby electronic mail to MaltaPost’s electronic mail address (see below);
and the notice shall operate to cancel the agreement between the parties .
If the client cancels the agreement:
•He/she must return the goods to MaltaPost at the address given below in the same condition that these have been received; the goods must be returned to MaltaPost in their entirety;
•the client is responsible for the cost of returning the goods to MaltaPost at the address given above unless the goods are defective or not in conformity with the contract of sale;
•the client is duty-bound to take reasonable care of the goods (including reusable packaging, manuals etc, where applicable) until they are returned to MaltaPost;
•the client is under a duty to ensure that the goods are received by MaltaPost and are not damaged in transit;
•MaltaPost will charge the client the direct costs incurred in order to recover any goods supplied by it if the client fails to return such goods.
D) Procedure Following Cancellation
In the event of return of product during the fifteen (15) day ‘cooling off’ period as mentioned above, the client should:
•notify his/her intention of cancellation in writing by e-mail to firstname.lastname@example.org - ensuring that he/she quotes his/her name, address, contact details and order reference number; and
•in the event where the client has already received the goods, he/she must contact the Sales Department on email@example.com or on the telephone number (+356) 2596 1720 (office hours Monday to Friday) to arrange date and time of collection. Goods must be returned with the original receipt. Products returned within this fifteen (15) day ‘cooling off’ period must be in perfect re-saleable condition, unused and with the original packaging with no broken seals.
Once the goods are received by the company in the condition that they were in when delivered, MaltaPost will refund the client the purchase price of the goods according to his/her method of payment. Any sum debited to MaltaPost from the client’s debit/credit card in relation to his/her order will be re-credited to that debit/credit card account as soon as possible and in any event, within thirty (30) days of receipt of goods returned. In the case of prepaid credit cards, a charge may be imposed by the client’s bank. In the case of payment by cash upon delivery, MaltaPost will refund the amount upon verification in cash. The client’s statutory rights will not be affected.
E) MaltaPost’s Right of Cancellation
•If for reasons beyond MaltaPost’s reasonable control, including but not limited to an inability or failure on the part of the manufacturers or suppliers of the goods to supply the goods to MaltaPost, it is unable to supply the goods to the client, it may cancel the agreement at any time before the goods are delivered by giving notice to the client. MaltaPost shall promptly repay the client any sums paid by him/her or on his/her behalf in relation to the agreement. MaltaPost shall not be liable for any other loss or damage whatever arising from such cancellation. F) Statutory Rights
•The right of cancellation is in addition to the client’s other statutory rights.
•The after-sales service and warranties for the return of goods by the client to MaltaPost as mentioned above do not affect the client’s statutory rights.
G) Warranties and After-Sales Service
•MaltaPost guarantees that the goods shall conform with the stated description and specification in the contract of sale.
•MaltaPost guarantees that the goods shall be of the agreed quality when delivered by its carrier.
•The terms of any manufacturer’s warranty and after-sales service will be included together with the documents accompanying the goods.
•MaltaPost guarantees its products according to the legal warranty of two (2) years.
•The warranty period commences from the date of delivery of the goods following a purchase with a valid invoice. This period shall be suspended for the duration of negotiations carried on between MaltaPost and the consumer with a view to reaching an amicable settlement.
•All warranties will only be valid upon presentation of the invoice/cash sale and fiscal receipt together with manuals, and any other items including the original packaging.
•MaltaPost encourages its clients to seek assistance or direct any queries to its Sales Department:
Website:by completing our online contact form on www.maltapost.com
Telephone:(+356) 2596 1720 (office hours)
In person:MaltaPost p.l.c. Head Office, 305, Triq Hal Qormi, IL-MARSA • MTP 1001 • MALTA (office hours)
Reg. Mail:Sales Department, MaltaPost p.l.c., 305, Triq Hal Qormi, IL-MARSA • MTP 1001 • MALTA
Monday – Friday:07:30 – 16:00;
H) No Set-Off
The client may not withhold payment of any invoice or other amount due to MaltaPost by reason of any right of set-off or counterclaim which the client may have or claim to have or for any other reason whatsoever.
I) Delivery and Non-Delivery of Goods
•The goods shall be delivered to the client at his/her address. Any risk or benefit in the goods shall pass to the client as soon as the price and the object have been agreed upon even though the goods have not yet been delivered nor the price paid.
•Provided further that a sale is deemed to be in bulk when the goods are sold for one and the same price, irrespectively of the weight, number or measure of such things.
•MaltaPost shall arrange for carriage of the goods to the client’s address. The costs of carriage and any insurance which the client reasonably directs MaltaPost to incur shall be reimbursed by the client without any set-off or other withholding whatsoever, and shall be due on the date for payment of the total price. Any third-party carrier shall be deemed to be the client’s agent.
•MaltaPost shall not be liable for any consequential loss or damage whatsoever due to failure by it to deliver the goods or any of them promptly or at all.
•Notwithstanding that MaltaPost may have delayed or failed to deliver the goods, or any of them promptly, the client shall be bound to accept delivery and to pay for the goods in full provided that delivery shall be tendered at any time within three (3) months of the agreement, unless the client shall have cancelled the sale within the fifteen (15) day ‘cooling-off’ period, or following the set deadline, if delivery has not been effected by such date.
•In spite of delivery having been made, property in the goods shall not pass to the client until:
1.he/she has paid the price plus value added tax in full and final settlement; and
2.no other sums whatever shall be due from the client to MaltaPost.
•Until property in the goods passes to the client, the goods shall be held by the client on a fiduciary basis as depositary for MaltaPost.
•The client shall store the goods (at no cost to MaltaPost) separately from all other items in the client’s possession and marked in such a way that they are clearly identifiable as the Company’s property.
J) Variations in Description or Specification
•MaltaPost may deliver goods of a different description or specification from that agreed as may be required in compliance with any applicable safety or statutory requirements or which do not materially affect the quality or fitness for use of the goods.
•Images shown are for reference purposes only. Actual item may differ.
•Manufacturers may alter features & specifications of a product. MaltaPost will notify the client should it become aware of any change in specifications. If the client notices a change in specifications which is not satisfactory to him/her, he/she is entitled to a refund of the purchase price within the fifteen (15) day ‘cooling off’ period.
K) Limitations of MaltaPost’s Liability
•MaltaPost’s liability to the client for any breach of contract or negligence shall be limited to the price of the goods together with any expenses incurred by the client in notifying MaltaPost and returning the goods.
•MaltaPost shall not be liable for any consequential loss including, without limitation, any loss caused by interruption of the client’s business, loss of electronic information or physical damage to property and whether directly or indirectly caused by any breach of contract or by negligence by MaltaPost or by any servant or agent of the company.
L) Choice of Law, Dispute Resolution and Jurisdiction
•This contract is subject to the Laws of the Republic of Malta.
•Though an amicable settlement is always preferred, any disputes that may arise, shall, where applicable, be first referred to the Malta Arbitration Centre or the Consumer Claims Tribunal, as applicable.
•All disputes arising out of this agreement shall be subject to the exclusive jurisdiction of the courts of the Republic of Malta.
M) Severability of these Terms & Conditions
•If any part of these terms and conditions shall be found to be unlawful, it shall not affect the validity or enforceability of the remainder of the conditions.
N) Entire Agreement Clause
•The above constitutes the full agreement on Online Purchases & Returns Policy applicable between MaltaPost p.l.c. and its clients. It may be subject to change without notice and it is incumbent on the clients to read carefully this document before entering into any contract. Any variation to these Conditions (including any special terms and conditions agreed between the client and MaltaPost) shall be inapplicable unless agreed in writing by the Company.
•These conditions shall apply to all contracts for the sale of goods between MaltaPost and the client to the exclusion of all other terms and conditions.
•Acceptance of delivery of the goods shall be deemed conclusive evidence of the client’s acceptance of these conditions.