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Terms and Conditions
About these Terms and Conditions
In these terms and conditions "we" and "us" mean Stephen Gatt, and "you" means you the customer. In these terms and conditions certain words spelt with initial capital letters are defined terms. For your ease of reference these defined terms are listed together at the end of the terms and conditions. These terms and conditions together with your Order Confirmation constitute the Contract between us and you for the supply of Products. No other terms and conditions shall apply. The Contract cannot be varied unless we agree to vary it in writing or by email.
By your continuous use of the Website you agree to be bound by these Terms and Conditions. The Terms and Conditions constitute a binding agreement between you and us.
You should read these Terms and Conditions carefully in their entirety before using the Website. If you do not agree with any provisions of these Terms and Conditions you must not use or continue to use the Website.
We reserve the right to amend these Terms and Conditions. Such amendments will become effective immediately upon being posted on the Website. It is your sole responsibility to review these Terms and Conditions and amendments each time you use the Website. For ease of reference Terms and Conditions shall be dated and contain a version number.
These Terms and Conditions may be published in a number of languages for information purposes and ease of access by you. However it is only the English version that is the legal basis of the relationship between you and us and in case of any discrepancy between a non-English version and the English version of the Website Terms and Conditions, the English version shall prevail.
Your Warranties and Responsibilities
You must be eighteen (18) years of age to place an Order on the Website. If you are under eighteen, you may only place an Order in conjunction with, and under the supervision of, a parent or guardian.
You declare and warrant that:
You possess the legal authority to enter into a binding legal obligation;
You will use the Website in accordance with these Terms and Conditions;
Any and all goods ordered by you are for your own private and domestic use only;
Any information provided by you to us is true, complete and correct, and that you shall immediately notify us of any change of such information.
You undertake that all details you provide to us for the purpose of ordering or purchasing Products are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the Products ordered.
Placing Your Order
You may place an Order by:
opening an Account on the Website; and
clicking on the “Checkout” and "Proceed" buttons.
You must choose a username and password on completion of registration. You are responsible for all actions taken under that username and password and shall only use the Website under your own username and password. You must make every effort to keep your password safe and should not disclose it to anyone. If it is compromised, you must change it by immediately contacting support and a new password will be issued. You may not transfer or sell your username to anyone, nor permit, either directly or indirectly, anyone to use your username or password. When you place your Order, we will issue you with a Web Order Number. Please note that such a Web Order Number is supplied for reference purposes only and does not constitute our acceptance of your Order.
By placing an Order, you make an offer to us to purchase a product you have selected on these terms and conditions. We may or may not accept your offer at our discretion.
If we accept your Order, we will notify you of our acceptance by issuing an Order Confirmation. We will send your Order Confirmation to you by e-mail to the email address linked to your Account, which Order Confirmation shall amount to an acceptance by us of your offer to purchase Products from our Website. If we cannot accept your Order we will attempt to contact you by email.
You must check that the details on this Order Confirmation are correct as soon as possible and you should print out and keep a copy of it.
Whilst we will make every effort to supply you with the product(s) listed on the Order Confirmation, there may be occasions where we are unable to supply these Products. If
such Products are no longer being manufactured or available or
if there was a pricing error on the Website.
we will contact you to inform you and may suggest alternative products that you might wish to purchase. If you do not accept our suggestions, or we are unable to contact you, we will cancel your Order in relation to those Products we cannot supply and provide you with a full refund.
Supply of Your Products
Subject to these Terms and Conditions, we will supply to you the Products indicated on your Order Confirmation.
Prices
The price for the Products will be the price indicated on your Invoice.
VAT is payable by you at the applicable rate as indicated on your Invoice.
Delivery costs, where applicable, are payable by you as indicated on your Invoice.
Paying for Your Products
You may pay for your Products by the methods of payment as displayed on the payment section of the Website from time to time.
You must pay in the currency as indicated on your Invoice.
If you are paying by credit card, then you must supply your credit card details when you place your Order. Your credit card will be charged when we issue your Invoice or on shipment of your Products. We will not commence the manufacture of your Products neither will we supply the Products to you until your credit card issuer has authorised the use of your card for payment of the Products ordered. If we do not receive such authorisation we shall let you know.
To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases including registered Credit Reference agencies and fraud prevention agencies, who may keep a record of that information. By accepting these terms and conditions you consent to such checks being made. We shall be entitled to process your data in accordance with the terms of our Privacy Policy. Please view this document for further information. All information provided by you will be treated securely and in accordance with the Data Protection Act.
If you are paying by cheque, or wire transfer a request for payment will be sent to you and your Products will be manufactured and supplied and Services provided after your payment is cleared. If we do not receive payment in cleared funds within 30 days after the date of your Order then your Order will be cancelled.
We will send request for payment, your Invoice, and Products to you at the email address linked to your Account.
Delivery of Your Products
We will execute the order within a maximum period of 30 days, unless otherwise advised, and we shall deliver your Products to the delivery address as shown on your Order Confirmation.
If you have ordered several Products at one time, we may deliver such Products on different days.
You may cancel your Order at any time prior to delivery of the Product ordered by email [info@stephengatt.com] and quoting your Web Order Number.
Title to and risk of loss in your Products will pass to you on delivery of the Products.
Upon delivery of the Products to our carrier we will send you a confirmation of shipment by e-mail on the e-mail address linked to your Account.
If you have ordered a downloadable Product upon, once payment is received you will receive instructions to begin downloading your Product. If, during download, the transmission is interrupted in any way, you should begin the downloading process again. Should you be unable to complete the download, you may within 14 Calendar Days of receiving the download instructions request a refund in writing. Refund requests should be communicated to support.
Orders will not be accepted and Products will not be delivered to any Excluded Jurisdiction.
Your Right to Return the Products
If the Product you have purchased from us is not what the Product listed in the Order Confirmation Form or which is damaged or defective or of a different quantity as stated in the Order Confirmation Form, you may return the Product to us and obtain a refund of the price of the Product returned if you contact us within 14 Calendar Days of delivery of the Product to you. However, you may not return a Product to us and claim a refund if the Product concerned is software which we supplied to you sealed and unused and you have broken the seal, or the Product concerned is newspapers, periodicals and/or magazines, or a product by reason of their nature, cannot be returned or are liable to deteriorate or expire rapidly.
In order to exercise your option to return a Product, you must contact support to make arrangements for return. You must return the Products in their original packaging and the Products must be undamaged.
Provided the Products are returned to us undamaged we will refund in full the price paid for the Products you have returned. Any expenses which you shall incur to return the Product shall be borne by you.
Reservations:
We reserves the right, to be exercised at our own discretion, to:
Decline to open an Account and/or to close an existing Account, without providing any explanation whatsoever;
Decline an Order, whenever we are of the opinion that there are legitimate concerns that an Account is, has been or may be used for illegal, fraudulent or dishonest practices or that information provided by You is false or incorrect.
Request information and, or documents from any Account Holder for the purpose of verifying the identity, age or other relevant personal information relating to you or your authority to make use a card.
Manage and transfer, without prior notice, data in respect to you to any Group Company, subject to our obligation to ensure that the said data at all times is transferred and managed in accordance with applicable legislation, in particular with that relating to data protection.
Transfer and, or license, without prior notice, your rights and the liabilities to any other Group Company, subject to us guaranteeing that such liabilities will be honoured.
Disclaimer:
Unless specifically stated in the Terms and Conditions, we shall not in any event be liable to any party for direct, indirect, special, incidental, or consequential damages including for loss of earnings, time or data, that arises from the use of the Website or from any act or omission of us, our officers and employees, or from the unavailability of service due to any cause whatsoever.
Without prejudice to Clause 10.1, we do not acknowledge or accept any liability whatsoever for damage to you and/or a third party caused directly and, or indirectly due to any:
mistake, misprint, misinterpretation, mishearing, misreading, mistranslation, fault in reading, transaction error, technical hazard, registration error, manifest error, Force Majeure and, or any other similar event;
violation of these Terms and Conditions;
criminal actions;
advice provided by us;
variances in exchange rates; and, or
legal actions and/or other remedies.
We will make every effort to perform our obligations under the Terms and Conditions. However, we cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond our reasonable control. In the event of a delay, we will perform our obligations as soon as reasonably possible. Every effort is made to keep the website up and running smoothly. We take no responsibility for, and will not be liable for, the Website being temporarily unavailable due to technical issues beyond our control.
We and/or Group Companies make no representations about the suitability of the information contained on the Website for any purpose. All such information is provided “as is” without warranty of any kind. We and/or Group Companies disclaim all warranties and conditions that the Website, and Products or any email sent from us and/or Group Companies are free of viruses or other harmful components. We and/or Group Companies hereby disclaim all warranties and conditions with regard to this information including all implied warranted and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
You shall hold harmless and shall indemnify us for any and all damages of losses suffered by us or our officers or representatives due to any breach of this Agreement.
Intellectual Property
The Website contains intellectual property owned by or licensed to us. Any reproduction of intellectual property is prohibited unless otherwise expressly provided in the Terms and Conditions. For the purposes of this provision intellectual property shall includes, but is not limited to, the design, layout, look, appearance and graphics.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Security Rules:
We uphold strict confidentiality regarding all relations with an Account Holder. Data relating to an Account or an Account Holder will only be disclosed as may be required by an authority established by law, such as in the course of an investigation.
All telephone and internet communications between you and us may be recorded for security, training purposes and/or accounting purposes.
Card deposits may, from time to time, be partially and, or fully declined subject to certain security systems managed in collaboration with a Payment Solution Provider and, or a Financial Institution. Such security measures may decline legitimate Cards, which nevertheless, at a particular time, may not be possible to process. We do not control the said systems, nor do they have any knowledge of the reasons for any deposits being declined.
We may request you documents to verify your identity and, or authorisation to use a specific Card, and, or other facts provided by you before confirming an Order. This may cause slight delays. From time to time, chargebacks are received and these will be treated as per our internal procedure.
The use and abuse of a malfunction in our Website is illegal. If you detect a software malfunction you must inform us as soon as the malfunction is discovered, by contacting our support. In the event you use and/or abuse of a malfunction on the Website we shall take all necessary measures to block the Account, freezing funds and/or taking legal action.
We shall not be required to maintain login details. We shall not be responsible for any abuse or misuse of your Account by third parties due to your disclosure, whether intentional or accidental, whether active or passive, of the login details to any third party.
Miscellaneous:
All references in the Terms and Conditions to the singular shall include the plural and vice versa, and all references to "the" shall include "a/an" and vice versa.
In the event that any provision of the Terms and Conditions is or becomes illegal, invalid or unenforceable, that provision shall be ineffective to the extent of such illegality, invalidity or unenforceability only, without in any way affecting the validity or enforceability of the remaining provisions of the Terms and Conditions.
The Terms and Conditions constitute the entire agreement between You and us with respect to the use of the Website and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between You and Us.
Neither our failure or your failure to enforce any term of the Contract constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such term.
The invalidity or unenforceability of any provision of the Contract shall not adversely affect the validity or enforceability of the remaining provisions.
Applicable Law:
We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within Malta and Maltese law will apply.
Privacy Policy:
General
We are registered with the Office of the Data Protection Commissioner, and manage data in respect of you in accordance with the Data Protection Act, other relevant regulations, legal notices and/or similar at the Place of the Contract taking account of the Data Protection Directive (EC Directive 95/46/EC) and the Electronic Communications Privacy Directive (EC Directive/2002/58/EC).
Personal Information
Your Personal data collected will not be disclosed to third parties, unless such disclosure is necessary for processing in accordance with these Terms and Conditions or unless it is required by law. We reserve the right to disclose your personal data to relevant recipients when we have reasonable grounds to suspect irregularities that involve your Account.
Personal data is collected by us when you register with the Website for and each time you use the Website.
You have the right to require access to your personal data and/or have the right to correct and/or erase wrong and/or inappropriate data.
Data Sharing, Processing and Disclosure
Personal Data shall be:
processed in accordance with the rights of the Account Holder concerned;
processed fairly and lawfully;
obtained only for a specific and lawful purpose;
adequate, relevant and not excessive to its purpose;
accurate and updated;
kept in a secure manner;
not kept longer than is necessary for its purpose;
not transferred to jurisdictions not adhering to the aforementioned Directives; and
only utilised for marketing purposes based on the opt-in principle.
We reserve the right to process personal data:
to communicate with you and improve our overall performance
to enable third parties to process payments, carry out technical or commercial support services
to provide a safe shopping environment
for customer support purposes and resolution of disputes;
to prevent potential prohibited or illegal activities;
to enforce the Terms and Conditions.
Only if you have agreed to receive marketing material you will receive any direct marketing communications.
We will not rent, sell, or share your personal information except with Group Companies and in performance of the obligations under the Terms and Conditions or when we have explicit consent.
Cookies:
The Website works by using cookies for the following purposes:
To identify your preferences when you return to the Website
For analysis of our Website traffic to allow us to make suitable improvements
Interpretation:
In these terms and conditions:
“Account” means an account held by an user of the Website with the strict purpose of purchasing Products.
“Card” refers to all types of cards with a function of "payment", "charge", "debit", "credit", and, or similar functions.
"Consumer" means a customer who purchases Products otherwise than in the course of a business;
“Excluded Jurisdiction” includes:
Orders from Afghanistan, Iran, Iraq, Pakistan, Syria, Sudan, Bulgaria, China, Egypt, Ghana, Indonesia, Lithuania, Malaysia, Russia, Nigeria, Romania, Vietnam, Turkey, Serbia, North Korea are not accepted
“Financial Institution” means any licensed bank or similar institution.
“Force Majeure Event” means any occurrence or condition beyond one's reasonable control which leads to a delay or default in the performance to the affected party's contractual obligation and shall include Acts of God, Government restrictions, wars, insurrections and, or any other cause beyond the reasonable control of the party whose performance is affected.
“Group Company” in relation to any company means anybody corporate which is that company’s subsidiary or parent company or a subsidiary of that company’s parent company, as defined in article 2 of the Companies Act, 1995, Chapter 386 of the Laws of Malta, and the term ‘Group’ shall be construed accordingly;
"Invoice" means the invoice issued by us to you for the price of the Products;
"Order" means an order placed by you in accordance with these terms and conditions;
"Order Confirmation" means the order confirmation issued by us to you indicating acceptance of your Order;
"Order Form" means the electronic order form on the Website;
“Payment Solution Provider” means an intermediary acting as a payment agent between you and us.
"Product" means any product listed on the Website which we agree to supply to you on these terms and conditions;
"Software" means any Product which is software including without limitation operating systems, bundled software, stand alone software and downloadable software;
“Terms and Conditions” are these terms and conditions relating to the use of the Website.
“Website” means our internet portal, accessible through the internet address www.stephengatt.com or any other website operated by us where all current and relevant information regarding the Products is published.
"Web Order Number" means the order number issued by us to you;
"Working Day" means any day other than a Saturday, a Sunday or a public holiday in Malta.
Stephen Gatt is a sole trader with its registered office at 215, Main Street, Mosta, Malta and with VAT Number MT16724525