Introduction

The following are the general Terms and Conditions (T&C) governing your access and use of the content and services offered to you on this internet site and constitute an agreement between you (also referred as “client”) and E. Ferris & Sons Ltd. (also referred as “EFSL”/ ”we”/ ”us”/ ”our”).

EFSL is the owner and operator of www.finoferramenta.com, (website). EFSL is a company which is registered in Malta and holds company registration number C-3384. Our registered address is Ferris Building, No.1 St. Luke’s Road, G’Mangia, Pieta, PTA 1020 our VAT registration number is MT10305104. We may be contacted on telephone number 21224812, or email by on info@finoferramenta.com.

By using, viewing, transmitting, caching, storing and/or otherwise utilising this website, the services or functions offered herein and/or contents or information on this website, you agree to each and all of the Terms and Conditions (T&C) set out herein, and waive any right to claim ambiguity or error in this Agreement. Should you not agree to each and every term and condition set out herein, you are asked not to use this website and to leave immediately.

By using the services you warrant to EFSL that you have the age and legal capacity to enter into transactions which are regulated by these T&C.

EFSL may amend these T&C from time to time, and place the new version on the website. Amended terms and conditions are operative as from moment of publication on the website. Users are encouraged to review the T&C prior to each and every purchase.

Description of Service/Product

Through this website, we provide general information about the company’s products and services and we also provide you with the possibility of purchasing our products online.

Prices

Any online purchases on this website shall be charged at the price advertised on this website at the date the order is placed. All prices shown on the website are indicated in Euro and are inclusive of VAT.

While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

Delivery Costs

Delivery costs shall be clearly indicated where applicable.

Payment Method and Security

All online purchases shall only be accepted against payment by credit/debit card. Your card details are received and processed directly by our payment gateway which details are transmitted from you to the payment gateway encrypted over high-strength SSL for maximum protection and confidentially. EFSL does not handle the card information at any point.

For additional security, your three digit security code found at the back of your card is never stored by the payment gateway (CVV/CVC2). Without this number, additional transactions attempted on your card, without your authorization, would be rejected.

The payment gateway is licensed and authorized by Visa, MasterCard and other card associations to act as a payment gateway and is fully audited and compliant with the Payment Card Industry Security Standards.

You undertake and agree to provide correct details to EFSL for the purpose of ordering or purchasing goods from this website.

You also undertake and warrant that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.

It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law.

Communication

You agree that e-mail (and other means of electronic communication such as notices on the site) will be used as the primary means of communication.

Conclusion of the Contract

The electronic contract between you and us shall be concluded as soon as you have received our electronic acknowledgement, hereby referred to as a confirmatory email, of your order. This confirmatory e-mail will contain all relevant statutory information concerning your contract.

The confirmatory e-mail will also contain a link to these T&C.

You must check that the details on this confirmatory e-mail are correct as soon as possible and you should print out and keep a copy of it.

All transactions/orders carried out on this website are concluded in English.

Delivery / Title / Risk

EFSL aims to arrange delivery of all ‘in stock’ items within a reasonable time, and in any case not later than thirty (30) days from the conclusion of the contract.

The current stock status is approximate and some items may be unavailable. In the case that items ordered are unavailable EFSL will inform you of this before the conclusion of the contract. EFSL is unable to provide dates and time-frames within which its suppliers may stock a product.  The period stated within which you will receive your order is approximate.

EFSL only delivers goods to Malta & Gozo and will be sent to the address given by you in your order and stated in the order confirmation. A signature is required upon delivery and from that instance client would be solely responsible for the product(s).

You must inspect all items and confirm on the delivery document if there are any shortages or damages. If you notice that the product is damaged after delivery has been made, without prejudice to your statutory rights, you are to notify us within 24 hours of the delivery being made. Such notice must be made by email and you must attach photos of the damaged goods.

Cancellations / Return Policy

You have the right to cancel your order at any time prior to your order being processed by clicking on the ‘cancel’ link next to the product ordered on the website.

You will be liable for any applicable bank charges when cancelling your order. Cancellation of order can be done for any reason within 14 calendar days from the date of delivery of the good(s). We will offer you a full refund for the good(s) purchased.

Client could cancel the purchase:

• by sending the notice of cancellation by email to sales@finoferramenta.com ensuring that you quote your name, address and order reference number; or
• if goods have been delivered, you return the goods to EFSL unopened, with all original tags and packaging together with the original invoice.

Either of the options selected above, we will refund you the purchase price of the goods (less any applicable bank charges).

If you exercise your right to return the good(s) after they have been delivered to you, you can either arrange to return the goods to us at your own cost or we can arrange re-collection of the order for a fee. This charge would be deducted from your refund.  Whichever method of returning good(s) you opt, you are to return the good(s) within fourteen (14) days.

You have a duty of care to ensure that items are not damaged whilst in your possession. All items must be returned to us in shop condition, including original labelling and packaging. You shall be liable for any diminished value of the goods. We reserve the right to withhold all or part of your refund if items are returned damaged.

We will then provide you with a refund within fourteen (14) days of recollection of your order, or should you return the good(s) to us yourself, we may withhold the reimbursement until we have received the good(s) back.

EFSL reserves the right to refuse to accept your request for an order for any reason. If we decide to cancel your order we will notify you as soon as possible and we will refund to you any sum paid by you to us in respect of the order within 14 days of the cancellation of your order. We will not be obliged to offer any additional compensation.

The right to cancellation shall not apply in the case that the good(s) you have ordered fall within the below exceptions:

• Non-stock item, where item has been ordered from supplier specifically for you.

Refund of Faulty Items

If you have any problems with your purchase we will be happy to offer help and assistance. Please contact us for assistance.

In the unlikely event that you receive goods which were not what you ordered we shall make good for any shortage, non-delivery, or replacement.

If you inform us that your product is damaged or defective, or are of a different quantity to that stated on your order form and we accept this, we can arrange for a replacement or for the item to be repaired at no extra cost to you. In the case that the item cannot be repaired or replaced, we will provide you with a full refund.

You are to inform us within two (2) months from when you notice such defect, you will be required to send a copy of the invoice which accompanied delivery. Failure to show that you have purchased the item from us may result in the refusal of exchange or in the repair becoming chargeable. This is in line with your statutory rights which are to remain in force for a period of two (2) years.

We will be able to replace an item depending on our stock and the repair time may vary. We will not accept any claims for losses you suffer during this time or any other incidental or consequential damages you may suffer.

All products sold via our website are covered by the relevant statutory manufacturer warranties. If a fault is caused by accident, misuse or negligence, it will not be covered by the manufacturer’s warranty.

There may be a commercial guarantee, depending on whether this is subscribed for/provided, in which case the terms and the conditions of the specific commercial guarantee would be provided to you accordingly.

Liability

This section applies only to the extent permitted by law.

While endeavouring to ensure that all the information we provide on this website is correct, we do not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services.

If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. We shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price if the item(s) has been charged and not dispatched we will cancel and refund your order.

EFSL will do its best to correct errors and omissions as quickly as practicable after being notified of them.

TO THE FULLEST EXTENT PERMITTED BY LAW, EFSL IS PROVIDING THIS WEBSITE AND ITS CONTENTS ON AN ‘AS IS’ BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS WEBSITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, EFSL DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEBSITE IS ACCURATE, COMPLETE OR CURRENT.

We reserve the right to make changes to the material, detail or to the products and services and prices described in it at any time and without any notice. We reserve the right to modify, terminate and/or discontinue (temporarily or permanently) the products and services from time to time, for any reason, and without notice. In any such case, we shall not be held liable for any such modification, discontinuance or termination.

If our website contains links to other websites and third-party materials, said links are provided for information purposes only and we have no control whatever over the content of those websites or materials. Therefore, we shall not accept any liability for any damage or harm deriving from their use.

We provide no further warranties other than the ones specifically agreed to in these T&C, which T&C do not adversely affect your statutory and other legal rights.

You and EFSL will only be liable under these T&C for losses which are a reasonably foreseeable consequence of the relevant breach of contract.

The products sold on the website are provided for private domestic and consumer use only. Accordingly, EFSL does not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the website or for any products or services purchased from EFSL.

We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, sabotage, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.

We shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.

Privacy Policy

We are committed to protecting your privacy and we will not collect any personal information about you unless you provide it voluntarily. Any personal information you communicate to us is kept by EFSL itself in accordance with the Data Protection Act, 2001 (Chapter 440 of the Laws of Malta).

Your usage of our services provided through this website constitutes confirmation that you have read and understood our privacy policy and your agreement to the provisions contained therein.

Intellectual Property

Content found on the website is the exclusive property of EFSL and is governed accordingly by intellectual property laws and no part of the site may be copied, reproduced or used in any way.

In these Terms & Conditions, ‘Intellectual Property Rights’ means patents, database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights, together with the right to apply for the protection of any such rights. All Intellectual Property Rights on the website shall be owned by us absolutely.

Subject to the right granted to you to use the website, EFSL reserves all rights, title and interest in its Intellectual Property Rights on the website. Any goodwill accruing from use of EFSL and its affiliates’ trademarks, trade and business names and service marks under this agreement will vest in EFSL and its affiliates, as appropriate.

Applicable law and jurisdiction

This is a Maltese website and is subject to the laws of the Republic of Malta.

Every purchase you make shall be deemed to be a transaction contracted, performed and executed in Malta. Maltese law shall govern every aspect of the electronic contractual agreement between you and EFSL concerning purchases made from the website.

All disputes arising from the use of this website and/or and electronic contractual agreement between you and EFSL shall be subject to the exclusive jurisdiction of the Courts of Justice of Malta.

Miscellaneous

No waiver by us of any breach of these T&C shall be considered as a waiver of any subsequent breach of the same or any other provision.

You may not permit, create unauthorized framing of, or deep linking to, the website or the creation of derivative works thereof from any other website under your management or control.

We reserve the right to terminate this agreement immediately and without notice to you if:

• you fail to make any payment to us when due;
• you breach the T&C of this agreement (repeatedly or otherwise);
• when requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you or your identity;
• we suspect you have engaged, or about to engage, or have in any way been involved, in fraudulent or illegal activity on the website.

These T&C supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between EFSL and you relating to your purchase. EFSL advises that you print off and keep safe a copy of these T&C once your order has been accepted by EFSL. You are advised to read (and are responsible for reading) fully all information on this website.

If any provision of these T&C shall be held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining parts of these T&C and the remainder of the affected provision shall be unaffected.