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Terms and Conditions

Simark Supplies - Consumer Terms & Conditions of Sale


PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND KEEP A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE.



Definitions


"Conditions" means these terms and conditions: "Personal Information" means any personal details provided by you via the Website;"User(s)" means (a) user(s) of the Website either collectively or individually, as the context requires; "We/Us/Our/Supplier" means Simark Supplies, "Website" means the website located at http://www.simarksupplies.com or any subsequent URL which may replace it; and "You/Your/Yourself" means you as a user of the Website.



1. Contracts of Sale


1.1 The following steps need to be followed to process an online order.


1.2 Choose the product and add it to the shopping cart, by pressing ADD to cart .You can do this for several products.Each added item will be included in the shopping cart.To remove items or proceed with the order,press View Cart.At this stage , you can modify your order.To calculate the shipping cost, press shipping calculator, and choose country and town (available only for locals).For international orders, the shipping cost will be calculated by the seller upon receipt of the order depending on the weight of the product, who in turn will notify the customer of the shipping cost by email.The customer can either confirm or decline the order.For residents in the Maltese Islands, they can choose the type of delivery.Prices are listed according to the type of delivery chosen.Pick up is free of charge and no processing fees are charged.Once the type of shipping is chosen, press Update Total, and the shipping charge is updated in the total value.Then, press Check Out, to continue the next step, where again you have the possibility to confirm or change shipping method.The next step is the payment method , with available options depending on the shipping method chosen.The last step is to confirm the order.Before confirming the order, please read the terms and conditions and confirm that you agree with these terms and conditions .The order can be then confirmed.You will be notified by email when the order has been verified.The supplier will inform you whether the order has been accepted or not, and will give an estimated time of arrival if the item is not in stock.The supplier is not bound by the indication of arrival.Upon receipt of confirmation from the supplier, the client can decline the order if the estimated time of arrival is too long.All transactions carried out on this website are concluded in English.However,further communication is accepted in both English and Maltese language.We regret to inform you that communication in other languages is not accepted.


1.3 No contract exists between you and us for the sale of any goods until we have received and accepted your order and received payment in full (in cleared funds). Once the Supplier does so, there is a binding legal contract between us. For orders requesting delivery or pickup, the legal contract starts as soon as the supplier accepts and confirms the order.


1.4 By way of clarification, an acknowledgement of your order will be sent to you via e-mail when you place your order, but acceptance of your offer to buy the goods will not take place until after your payment is taken.It is at this point that a binding legal contract is created.. For orders requesting delivery or pickup,the legal contract starts as soon as the supplier confirms and processes the order. You can see the order status in your account. Any contract is subject to these Terms and Conditions.


1.5 The contract is subject to your right of cancellation (see below).


1.6 Ownership of the goods shall not pass to you until we have received in full (in cash or cleared funds) all sums due to it in respect of:

  • the goods, and

  • all other sums which are or which become due to us from you on any account.


1.7 The Supplier may change these terms of sale without notice to you in relation to future sales.





2. Description and price of the goods.


2.1 The description and price of the goods you order will be as shown on the Supplier's website at the time you place your order. Images shown are for reference purposes only and may differ from the actual product.


2.2 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, we will inform you as soon as possible.


2.3 Every effort is made to ensure that prices and descriptions shown on our website are accurate at the time you place your order. If an error is found, we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or description, or cancelling your order. If the Supplier does not receive an order confirmation within 5 days of informing you of the error, the order will be cancelled automatically.


2.4 We may deliver goods of a different description or specification from those shown in our website andas may be required to comply with any applicable safety or statutory requirements, which do not materially affect the quality or fitness for purpose of the goods or if the specifications or features have been changed by the manufacturer. However, we will notify you before the delivery is effected.


2.5 In addition to the price, you may be required to pay a delivery charge for the goods.



3. Discounts

 

3.1 Customers who register in our website are entitled to discounts as specified by the Supplier.These discounts are valid only for online orders,or along with an online order.


4. Payment.


4.1 Payment for the goods and delivery charges can be made by any method shown on our website at the time you place your order.


4.2 There will be no delivery until cleared funds of online payments are received.


4.3 Payments to be settled upon delivery or pickup are strictly by methods shown on our website.


4.4 Payments by PayPal are not accepted automatically. The Supplier reserves the right to decline the payment if for any reason the order cannot be accepted as is, supplied or delivery cannot be effected.


4.5 Payments shall be made by you without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you. In such cases,you are obliged to inform the supplier by email immediately after you have placed the order.



5. Delivery


5.1 The goods you order will be delivered to the address you give when you place your order and the risk in the goods shall pass to you upon such delivery taking place.


5.2 We reserve the right to change the method of the requested delivery. However, no increase in charges will apply.


5.3 No deliveries are effected by Simark Supplies or any other subcontracted courier, other than on working days. Same or next day delivery service excludes weekends (Saturday & Sunday) and public holidays. However, deliveries by Maltapost may be effected during the weekends upon the descretion of Maltapost.


5.4 If delivery cannot be made to your address for reasons under the Supplier's control, we will inform you as soon as possible. Your online payment will then be declined if no agreement is reached.


5.5 If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then, without prejudice to any other right or remedy available to the supplier, the supplier may:

  • store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or

  • sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay forthe goods.


5.6 If you fail to take delivery because you have cancelled your contract under the clause of "Your Right for Cancellation", we shall refund or re-credit you within 30 days for any sum that has been paid by you, less any expenses incurred .


5.7 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, we will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery.


5.8 Time for delivery shall not be of the essence. The goods may be delivered in advance of the quoted delivery date.


5.9 Upon receipt of your order you will be asked to sign for the goods received in good condition. If you are unable to check the contents of the package at that moment in time we urge you to do so as soon as possible and inform us of any damages within 24hours. Failure to do so may affect any warranty claims that you make thereafter.



6. Your right of cancellation.


6.1 You have the right to cancel the contract at any time up to the end of the 14 working days after you receive the goods .


6.2 To exercise your right of cancellation, you must give written notice to the supplier by letter or email, giving details of the goods ordered and (where appropriate) their delivery and with an explanation for the cancellation. Notification by phone is not sufficient.


6.2.1 If an order is cancelled claiming the product is defective, and it is estabilished that no defect exists after it is inspected and tested, we reserve the right to reject your right of cancellation and charge you a contribution for the inspection and testing. A report of the testing will be provided to you.


6.3 If you exercise your right of cancellation after the goods have been delivered to you, you must return the goods to us in the original packaging. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. If so, we reserve the right not to accept the goods.


6.4 Once you have notified us that you are cancelling the contract, we will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods.


6.5 If you do not return the goods as required, we may charge you a sum not exceeding the direct costs of recovering the goods. All goods must be returned in their original packaging.


6.6 You do not have the right to cancel the contract if the order is for computer software which has been unsealed by you, or for consumable goods which, by their nature, cannot be returned.


6.7 Your right of cancellation is in addition to your other statutory rights.



7. Warranty


7.1 All goods supplied by the Supplier are warranted free from defects as from the date of supply (unless otherwise stated).


7.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier's instructions, or any alteration or repair carried out without the Supplier's approval.


7.3 If the goods supplied to you are damaged on delivery, you should notify the Supplier in writing via the e-mail address or by means of a letter within 24 hours. We reserve the right to be supplied with proof that the goods are damaged on delivery.


7.4 If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify us personally, in writing via the e-mail address or by a letter, as soon as possible, but in any event within 60 days of the date you discovered or ought to have discovered the damage, defect or complaint, which however shall not exceed the 24 months legal guarantee.


7.5 It is your responsibility to ask for the RMA no when returning any product to us.


7.6 If an item is claimed to be faulty by yourself (CID-consumer induced damage) even during the warranty period, and after inspection and testing it is estabilished that no defect exists, we reserve the right to charge you a contribution for the inspection and testing.


7.7 We do our best to replace faulty items within the least possible time.We shall not be held liable for any delay , if this delay is notdue to our negligence.


7.8 We also strive to replace faulty items with the same product. However, we may sometimes offer a replacement of a similar product in terms of specifications or price accordingto the current market value of the original item. If an item is listed as EOL (end of life), we shall replace with a product closest to its specifications or current market value.


7.9 Software is not covered by any warranty. It is your responsibility to ensure that any software installation meets your expectation before leaving our outlet if the installation is carried out by our technicians.


7.91 Warranty on products is as declared in the website / stated in the invoice. The original invoice must always be presented.


7.92 The legal guaranteeprotects the consumer against latent defects on purchases andnon-conformity with the contract of sale for two years from the date ofpurchase. Claims made within the first six months after purchase under alegal guarantee are considered to have already existed on the date of purchase,unless the seller can prove otherwise. Thereafter, the seller will only beliable under the legal guarantee in the case of a lack of conformity which canbe shown to have existed from the date of purchase and did not occur due tomisuse or any other reason. The legal guarantee applies also where nocommercial guarantee is provided.  



8.0 User’s Obligations and Responsibility.


8.1.1 You agree not to use the Website (or any part of) for any illegal purpose and agree to use it in accordance with all relevant laws


8.1.2 You agree not to upload or transmit through the Website any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer.


8.1.3 You will not upload or transmit through the Website any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety.


8.1.4 You will not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired.


8.1.5 You will not use the Website in any manner which violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy)


8.1.6 You agree that in the event that you have any right, claim or action against any users arising out of that user's use of the website, then you will pursue such right, claim or action independently of and without recourse to us.


8.2 It is your responsibility to ensure compatibility of any goods ordered by you from our website, both with the existing components within your system and with any other goods offered for sale by us.


8.2.1 If any ordered goods are to be installed into your system by our technicians, it is your responsibility to ensure proper installation.


8.2.2 It is your responsibility to download any manuals, drivers ,and firmware upgrades etc from the manufaturers’s website or any other software downloads.



9.0 Indemnity.


9.1 You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of any breach of the conditions by you or any other liabilities arising out of your use of the website, or the useby any other person accessing the website using your PC or internet access account.



10.0. Limitation of Liability.


10.1 The Supplier's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the goods.


10.2 Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier's negligence or fraudulent misrepresentation.


10.3 We shall not be liable to you for any indirect or consequential loss or damage (whetherfor loss of profit, loss of business, loss of electronic information and data, physical damage to property, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement and whether they are directly or indirectly caused by any breach of contract or by negligence by us or by any servant or agent of ours .



11.0 Third Party Links.


11.1 In an attempt to provide increased value, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.



12.0 Data Protection.


12.1 We respect your personal information and undertake to comply with applicable Malta Data Protection legislation from time to time in place.


12.2 You should be aware that:

  • if we are requested by the police or any regulatory or government authority investigating suspected illegal activities, or upon receipt of a court order, to provide your Personal Information and/or information concerning your activities whilst using the website we shall do so; and

  • We reserve the right in our reasonable discretion to disclose details of your use of the Website in relation to any, or any threatened, Court Proceedings in connection with your use, or the use of anyone under your control, of the Website whether in connection with the matters set out in these Conditions or otherwise.


12.3 We will take all reasonable precautions to keep the details of your order and payment secure but unless the supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.



13.0 Applicable Law.


13.1 These terms of sale and the supply of the goods will be subject to Maltese law and the Courts of the Republic of Malta will have jurisdiction in respect of any dispute arising from the contract.



14.0 Notices.


14.1 You may send us notices under or in connection with these Conditions:

  • by post to Simark Supplies, Techstore Ltd, Church Street, Tarxien.
  • by email to: info@simarksupplies.com

We suggest to have all letters registered.



15.0 Entire Agreement.


These Conditions (as amended from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these Conditions.


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