This Online Intermediary Agreement (the “Agreement”) establishes the terms and conditions (“T&Cs”) on which Plait (“we”, “us” and “our) offer you (the End-User) access to and use of the services that we have made available to you through our website (the “Website ”), which is accessible at http://www.plait.com.mt, including the browsing for and purchase of item categories which have been listed for sale (together, the “Services”).
Any End-User must agree to abide by the T&Cs contained in this Agreement in order to engage the use of our Services.
We reserve the right to modify and/or revise any of the T&Cs set out in this Agreement, including any policies referred to hereto; which right may be exercised by us at our sole discretion and at any point in time. By continuing to use our Website or Services after these T&Cs have been updated, you are indicating that you agree to be bound by the modified T&Cs.
You are, therefore, responsible for your own continued monitoring of the Website, and for reviewing any changes to these T&Cs which may, from time to time, be implemented by us. If you do not consent to the changes effected by us, you must immediately refrain from continuing to make use of our Website and Services. Your continued use thereof will constitute your acceptance of such changes.
- 1.1 For the purpose of this Agreement, the term “Applicable Law” shall, as far as possible, be taken to solely refer to the laws of Malta
1.2 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
1.3 Clause and paragraph headings have been inserted for the sake of convenience, and shall not affect the interpretation of this Agreement.
1.4 Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
1.5 Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
- 1.6 References to “clauses” and “parts” are to the clauses and parts of this Agreement.
2. Eligibility and Information Required
2.1 Use of our Services is limited to End-Users that can lawfully enter into and conclude contracts under Applicable Law. This excludes, amongst others, minors or persons who have been interdicted or incapacitated pursuant to a Court order.
2.2 Upon confirming an order you have placed for an item listed on our Website (Check-Out), you will then be asked by to supply your billing information, including valid credit card information, and delivery details for our contracted third party payment gateway operator Checkout.com.
2.3 The information you supply pursuant to Clause 2.2 must be accurate and complete, failure of which will result in the order being rejected.
2.4 Purchase of alcoholic beverages is not allowed through the Website unless you are a person of legal age under the Applicable Law. By purchasing any such items or packages containing such items through the Website you are confirming that you are of legal age. Upon delivery of the item, you will need to present an adequate means of identification as proof of your age, if required, and failure to do so may lead us not to provide you with the alcoholic beverage which you purchased.We will require the presentation of suitable identification of a person of legal age when delivering such items.
3. Our Role
3.1 We provide an online functionality which, via our Services, enables you, the End-User, to browse the listings found on our Website and to directly purchase items expertly selected by Plait.
3.2 By entering into this Agreement, you agree to perform your obligations arising hereto, as established by these T&Cs, including the payment of the total price upon checkout. Thus, you acknowledge that your failure to fulfil the obligations imposed on you under this Agreement may be legally actionable. This may include, but is not limited, to effecting a fraudulent payment once you have placed an order for a listed item.
4. Use of the Services
4.1 You agree that you are making use of the Services at your own risk and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. In addition, you agree that following your indication of your preferred item, the item will be chosen by us, after engaging expert opinion in the relevant field.
4.2 You also warrant that your use of the Services for your private, non-commercial use and that you will not link the Website and/or the Services to any other website or activity, or exploit the information available through the Website and/or the Services, in any way whatsoever, whether for your commercial or other gain, or otherwise.
4.3 You accept that, as a precondition to your use of the Services, you will not and will not allow others to:
a. violate any laws, these T&Cs and any policies which have been incorporated by reference into this Agreement;
or otherwise attempt to carry out any of the above.
b. manipulate the price of or interfere with the placement of any listed item found on the Website;
c. circumvent or bypass any technical measures which we use to provide the Website and Services;
d. carry out any framing, mirroring or data mining through the Website or Services, or carry out any activity which in our view could or does restrict the use of the Website or the Services by others;
e. use any robot, spider, scraper or other automated means to access our Website or Services for any purpose;
f. distribute viruses or other technologies that may harm our interests, such as functioning of the Website; and
g. post on any media, including the Website, any false, deceptive, slanderous or otherwise misleading content, in the form of comments, feedback, reviews or otherwise, regarding the Website or the Services.
- 4.4 You understand and accept that you will be held liable for damages if you commit or attempt to pursue any of the activities mentioned in Clause 4.3
- 4.5 You will be informed of your exact monthly delivery date the week before delivery, unless the delivery date is otherwise chosen by you.
4.6 You also agree that your reliance on any content accompanying or relating to a listed item, including the manner in which it affects your use of the Services, is entirely at your own risk and you hereby agree to defend, indemnify and hold us harmless for any damages that you may suffer as a consequence of such reliance.
5. Intellectual Property
5.1 You acknowledge and agree that the availability of our Services does not authorise you to make use of any content or material (irrespective of its form or media) found on the Website or as otherwise made available to you via the Services, in breach of either third-party or our intellectual property rights, or other proprietary rights (collectively, “IPRs”).
For the purposes of this Agreement, the term “IPRs” shall be construed in its widest possible terms and shall include, without limitation, copyright, neighbouring and related rights, moral rights, patents, utility models and rights to inventions, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill, and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
5.2 Your failure to abide by this Clause 5 will expose you to damages and, in the case of a breach of any third-party IPRs, you agree to defend, indemnify and hold us harmless against any claims, actions or suits which may be brought by such third parties in connection with your breach of this aforesaid Clause 5
6. Disclaimers and Liability
6.1 We cannot guarantee continuous, error-free access to and use of our Website and Services, or that defects emerging therefrom will be corrected immediately. Whilst we shall use reasonable efforts to ensure your uninterrupted, error-free access to and use of our Website and Services, we cannot guarantee this and do not hereby give any promises or warranties (whether express or implied) to this effect.
6.2 In view of Clause 6.1 above, we expressly disclaim, to the fullest extent permitted under Applicable Law, all warranties and representations relating to the Services, including, without being limited to, those pertaining to quality, durability, fitness for a particular purpose.
6.3 In addition to the above, we assume no responsibility and you also accept that neither we, nor any of our officers, directors, employees, representatives, affiliates or agents, shall be liable to you any damages of whatever kind or nature, including special, indirect or consequential damages, or damages sustained to your computer equipment, or the degree thereto, that you may suffer in connection with your access to the Website or use of the Services.
6.4 Further to Clause 6.3, you also accept that we shall not be responsible to you for any defects (as construed in its widest possible sense) relating to a listed item found on our Website that you have ordered.
6.5 If, notwithstanding this Clause 6, we are still found to be liable to you, then, by way of pre-liquidated damages, our maximum liability to you (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise), or that of our officers, directors, employees, representatives, affiliates or agents, is hereby being set in respect of any one claim to the lesser of
- the amount of actual damages suffered, or
- €100 (Euros).
6.6 Without prejudice to the aforesaid, nothing in this Clause 6 shall exclude or in any way limit our liability for (i) death or personal injury, (ii) fraud, (iii) fraudulent misrepresentation or (iv) any liability that cannot be excluded or limited in terms of Applicable Law.
6.7 Without prejudice to the other relevant provisions of this Agreement, you shall be solely responsible for compliance with the relevant laws in your jurisdiction relating to imports including, but not limited to, the payment of any tolls, taxes or other expenses that may be incurred.
7. Return policy
7.1 If you are not satisfied with an item purchased through the Website, you, the End-User, may have the right under Applicable Law, or the law otherwise applicable to your jurisdiction, domicile or residence, to return the item and be reimbursed the amount paid, and this may be carried out by following our Return Policy set out in this Clause 7.
7.2 You are invited to contact us directly at http://www.plait.com.mt. to find out whether our Return Policy applies to your particular jurisdiction, domicile or residence and, in particular, to you.
7.3 If you wish to invoke our Return Policy, and obtain a reimbursement of the payment supplied, then you are required to inform us of your decision by an unequivocal statement, such as by means of a letter sent by post or via electronic mail, using the appropriate contact details set out below:
- 7.4 Upon receipt of your notice, whether issued in the manner set out in Clause 7.3, we will then provide you with an acknowledgement via the contact details you have designated for this purpose
- 7.5 In respect of our Return Policy, you are not obliged to provide any reasons for returning the item, and may demand the appropriate refund without the obligation to provide reasons thereto, subject to the same being applicable to you and your purchase concerned.
- 7.6 Nevertheless, in all cases where you wish to invoke our Return Policy, and such is applicable to you and your purchase, this intention will need to be communicated to us within the applicable fourteen (14) day period or otherwise granted to you, the End-User, under statutory law.
7.7 In most cases, the applicable period mentioned above in Clause 7.6 will begin to from the date you, or the person indicated by you, acquires physical possession of the item concerned. As regards a single order for multiple items, this cooling-off period shall generally commence to run from the date you, or the person indicated by you, acquires physical possession of the last item. You are advised to contact us at email@example.com in order to verify if and when your statutory cooling-off period begins to run.
- 7.8 You shall have exercised your right to invoke our Return Policy within the cooling-off period applicable to you if your notice of withdrawal is sent by you (electronic or conventional mail) before the relevant expiration date
- 7.9 Once we have processed and verified a notice of withdrawal which you have issued to us, we will then proceed to inform you, by contacting you via the details you have provided for this purpose, as to the location where you are to deliver the item(s) concerned
- 7.10 In respect of Clause 7.11, you shall be responsible for bearing the direct costs of delivering the item to this location.
- 7.11 In any event, you are to deliver the item to the location which we have communicated to you by no later than fourteen (14) days from the date of our relevant communication. Given this, we also reserve the right to withhold from remitting the refund to your designated bank account until the item(s) have been received by us at this specified location.
- 7.12 You should note that:
perishable products are not returnable;
items which have been spoiled or used and as a result may not be resold are not returnable
8.1 The Website might contain links to other independent third-party websites. These links are only provided by way of convenience to you. We are not responsible and have not checked and approved their content or privacy policies.
8.2 You will thus need to make your own independent judgement regarding your interaction with any of these independent third-party websites, including the purchase and use of any products or services that are accessible through them.
9.3 When you subscribe to use our Services, you accept that some personally identifiable information about you, including your order history and/or browsing history or keyword searches may be processed by us, and can be used to, amongst others, recommend items listed on our Website to you.
10.1 We may suspend, terminate and/or permanently block your access to and use of our Website and/or Services, at any time for any valid reason, including due to improper use of Website or Services or, in particular, your failure to comply with the T&Cs contained herein, without prior notice.
10.2 You accept that, where we have taken any or all of the actions described under Clause 10.1, this shall not affect any right to relief and/or damages that we may be entitled to against you under Applicable Law or otherwise.
11. Other Important Terms
11.1 We may transfer our rights and obligations under this Agreement to another entity or organisation. This Agreement, however, is personal to you. You may only transfer your rights or obligations arising under this Agreement to another person if we agree to this in writing. Furthermore, this Agreement is between you and us. No other person shall have any right to enforce any of its terms.
- 11.2 If any court or authority finds any clause of this Agreement, or part thereof, to be illegal, the rest of this Agreement, including the unaffected part of the clause concerned, will continue to apply in full force and effect.
- 11.3 If we do not insist immediately that you do anything you are required to do under this Agreement, or if we delay in taking steps against you in respect of your breach of this Agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
- 11.4 This Agreement does not confer any rights onto any third party to enforce any of the T&Cs set out herein or part thereof.
11.5 This Agreement, including the provision of the Services, and any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes) or the provision of the Services, shall be governed by and construed in accordance with the laws of Malta.
11.6 You and we both agree that any dispute or claim arising out of or in connection with this Agreement and / or the provision of the Services shall be exclusively referred to arbitration in Malta. The number of arbitrators shall be one (1) and the arbitrator shall be appointed by mutual accord of the Parties. Should the Parties fail to reach an agreement within fifteen (15) days from notice of arbitration being given, the Malta Centre for Arbitration shall appoint an arbitrator at its own discretion. The language of the arbitration shall be English and the arbitration procedure shall be regulated by the rules regulating the Malta Arbitration Centre in the Arbitration Act (Chapter 387 of the Laws of Malta).