TERMS & CONDITIONS
1.2 In addition, as a condition of your use of this Site, you represent and warrant to Pitre’ Hardware that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms and applicable notices and policies. Furthermore, you warrant that you will not use the Site in any way that causes, or is likely to cause interruption or damage to the Site in any way, or for fraudulent purposes. We fully reserve the right to refuse service, terminate accounts or remove or edit content if you are in breach of any applicable laws, these Terms or any other applicable terms and conditions, guidelines or policies. If you do not agree with the Terms set forth herein, we strongly recommend that you do not use this Site.
- USE LICENCE
2.1 is hereby granting you permission to view this Site and to use it for your own personal use, provided that you agree to and accept the Terms, as may be amended from time to time at our discretion. If you do not agree and accept the notices, terms and conditions set forth herein, do not use this Site. Other than this agreement and agreements between you and Pitre’. ltd relating to the sale of Products, Pitre’. ltd will not enter into any agreement with you or obligation to you through this Site and no attempt to create such an agreement or obligation will be effective.
- TRADEMARKS / OTHER INTELLECTUAL PROPERTY
3.1 Unless otherwise stated, the copyright and any and/or all trademarks and logos, including other intellectual property rights in and to any and/or all material use and displayed on the Site (including, without limitation, photographs and graphical images) are owned by either Pitre’. ltd or its licensors. For the avoidance of doubt, you are not permitted to use any and/or all of the materials on the Site for commercial purposes without our prior written consent. You may also not create and/or publish your own database that features substantial parts of any of our service (for instance, our prices and Product listings) without our express written consent. If you breach any of the Terms, your permission to use the Site will automatically be terminated.
3.2 Pitre’. ltd prohibits use of its logo as part of a link to or from any site unless establishment of such a link is approved in advance by Pitre’. ltd in writing. Other products and company names mentioned in this Site may be the trademarks of their respective owners.
3.3 No part of the Site may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
3.4 Any rights not expressly granted or referred to in these Terms are reserved.
- ABOUT US
4.1 The Site is operated by Pitre’ Limited, a company incorporated in Malta, Europe under Company Registration Number C 17569. The registered office of Pitre’ Limited is at Triq L-Mdina, Hal Qormi QRM 9011, Qormi, Malta QRM 2332. Our contact details are as follows:
- Telephone: +356 2746 3330
- e-mail: firstname.lastname@example.org
4.2 Please refer to the Contact Us page for further information and the location of our premises.
5.1 All orders are treated as placed and received in Malta. We currently do not accept orders from outside Malta, Europe.
- ACCESSIBILITY STANDARDS
6.1 Pitre’. Ltd are committed to providing a barrier-free, excellent customer service to everyone, including persons with disability in accordance with the principles of integrity, equality of opportunity, integration, independence and full accessibility. We strive to provide a Site that displays information in clear English in the written and auditory format, which can be easy to navigate and understand by persons using assistive technologies.
- YOUR STATUS
7.1 By placing an order for the provision of any of the Products through the Site, you warrant that you are legally capable of entering into binding contracts and that you are at least 18 years old.
- YOUR ACCOUNT
8.1 If you use any of the services available on the Site (e.g you register on the Site and create an account) you are solely responsible for ensuring that your account remains confidential and your password is safe and secure. To the extent permitted by applicable law, you agree to accept responsibility for all activities that occur under your account or password. You should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner. You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided. You can access and update much of the information you have provided us with, including your account settings, in the “My Account” area of the Site.
- THIRD PARTY SITE LINKS
9.1 This Site may contain links to other websites owned or operated by other individuals and companies. Such links are provided for your reference only and Pitre’. ltd is not responsible for their content nor their conformity to applicable laws, whether local or international.
9.2 We are unable to guarantee that any goods and/or services you purchase from individuals and/or companies to whose website we have provided a link on the Site, will be of satisfactory quality, and any warranties, statements and representations in this regard are disclaimed by us absolutely to the fullest extent permissible by law.
- ACCURACY OF COLOUR, INFORMATION & CONTENT
10.2 Whilst every reasonable effort has been made to ensure that colours on screen, information and content are as accurate as possible, we cannot guarantee:
(a) an exact colour match of the on screen colour to the colours of the actual Products and the colour appearing on screen should not be relied on as being such. Colours on screen may vary depending on your screen settings and resolution;
(b) the accuracy of all information and content provided on the Site, notwithstanding its accuracy at the time of inclusion;
(c) and make no representation or warranties of any kind whether express or implied about the information, and content provided through our Site, including any items used either directly or indirectly from our Site. We reserve the right to make changes and corrections at any time, without notice. We accept no liability for any inaccuracies or omissions in the Site and any decisions based on information and opinions contained in the Site are the sole responsibility of the user.
10.3 We strongly recommend that you use a colour tester on the actual surface to be painted before undertaking your decoration. A 250 ml paint colour tester may be purchased from our Site which will give you a reasonable indication of the appearance of the actual colour. Colours may vary due to the texture of the surface, and the shape, size and lighting of the room. Please note that colour testers indicate the colour of the product only, and are not representative of the quality or sheen of the eventual product purchased.
10.4 The packaging of the Products may vary from that shown on images on the site.
10.5 All Products on our site are subject to availability. We will inform you by email as soon as possible if the Products ordered are not available and we will not be able process any orders. If you have already paid for the Product, we will refund you as soon as reasonably possible.
- PRODUCT ORDERS
11.1 Your order is an offer to Pitre’. ltd to buy the Product/s in your order. After placing and paying for your order, you will receive an email from Pitre’. ltd and/or PayPal, confirming that you have paid. The contract between us will be formed when you have successfully paid for the relevant Products (“Contract”). The Contract will only relate to those Products for which you have paid. We will not be obliged to supply any other Product until you have paid for such Product.
11.2 While we use our best efforts to fulfil all orders, Pitre’. ltd cannot guarantee the availability and specification of any product displayed on this Site. Pitre’. Ltd reserves the right to discontinue the sale of any product listed on this Site at any time without notice. All descriptions, drawings and specifications on the Site are published for illustration purposes only and are not binding on us. Please refer to the Product description under each displayed Product before you proceed with your order.
11.3 While we strive to provide accurate information and an error-free site. However, we do not guarantee that any content is fully accurate or complete, including price information and product specifications. If we discover any errors, they will be corrected and the corrected price will apply to your order. Pitre’. ltd reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted).
12.1 The prices quoted on the Site are quoted in Euro inclusive of VAT at the standard rate. Please note that the price is exclusive of shipping, handling and delivery charges and are valid and effective only within Malta, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and taxes that may apply to your order.
12.2 Any variation in the Product prices offered on this Site from other advertised prices may be due to geographic markets differentiations.
12.3 The price of any Products will be as quoted on the Site from time to time, except in cases of obvious error. Prices are liable to change at any time, but changes will not affect orders in respect of which you have already paid.
NOTE – I would add a section here concerning minimum cart values for free delivery, e.g. minimum €50 purchase for a free delivery.
You may pay for the relevant Products by using PayPal. In order to have an account with PayPal, you must register with PayPal and accept its terms and conditions in order to be able to pay for the Products. Pitre’. ltd is not responsible in any way for any loss that you may suffer as a result of using PayPal.
14.1 Your order will be fulfilled usually within 3-5 working days of the date you make a cleared payment for the relevant Products, but no later than within 10 days of such date. Paint samples may be delivered separately from other goods.
- RISK AND TITLE
15.1 Ownership of the Products shall not pass to you until we have received in full all monies owed by you to us under this contractual arrangement and any other contract with us.
15.2 All risk of loss of or damage to the Products shall pass to you upon delivery.
- CANCELLATION OF ORDER
16.1 Unless one of the exceptions listed in Clause 18 applies, you can cancel your order without giving any reason within 14 days from the day on which you or a third party other than the carrier and indicated by you, received the Products purchased (or last of the purchased Products or lot or piece if your order relates to multiple Products delivered separately). You must inform us of your decision to cancel your order by e-mail on email@example.com or on telephone number +356 2746 3330 during opening hours or by using the Withdrawal Form below. To meet the cancellation deadline, it is sufficient for you to send your communication (Form or e-mail) or by telephone before the 14 days’ cancellation period has expired and then return the Product(s), unused and in their original packing and at your own cost and risk to Pitre’.ltd at the address found here.
16.2 Unless Pitre’.ltd has offered to collect the Products themselves, you shall send back the Products or hand them over to us or to a person authorised by us to receive the goods, without undue delay and in any event not later than 14 days from the day on which you communicated your decision to cancel your order.
16.3 The right of cancellation applies only if you are a “consumer” (“the Consumer”) as defined in the Consumer Rights Regulations, 2013 (“the Regulations”) as may be amended from time to time. “Consumer” means any natural person who, in contracts covered by these Regulations, is acting for purposes which are outside his trade, business, craft or profession.
- EFFECTS OF CANCELLATION OF ORDER & REFUND
17.1 We will reimburse all payments received from you for the goods purchased and will also reimburse delivery charges incurred, no later than 14 days after the cancellation of the Contract. We may withhold the reimbursement until we have received the Products back, or until you have supplied evidence of having sent back the Products, whichever is the earliest. We will use the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. You will not incur any fees as a result of such disbursement. We may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent back the goods, whichever is the earliest.
17.2 You will be responsible for the cost of returning the relevant Products to us.
17.3 You shall only be liable for any diminished value of the Products resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
Note – to consider the situation of refunds for small orders/deliveries
- EXCEPTIONS TO THE RIGHT OF CANCELLATION
18.1 The right of cancellation DOES NOT apply to:
- CANCELLATION OF ORDER BY PITRE’.LTD
19.1 Pitre’.ltd reserves the right to cancel the order at any time by giving you not less than 15 days written notice if it has reasonable grounds to suspect that the order is a fraudulent transaction.
- FAULTY PRODUCTS
20.1 If any Product you purchase is damaged or faulty upon receipt, or if a fault becomes apparent within a reasonable time of your receipt of the Products (providing such fault is not a result of your negligence, or if a Product has been miss-described), we may offer a replacement product or refund as appropriate, in accordance with the applicable legislation.
- CONSUMER LEGAL GUARANTEE
21.1 Sellers of products are obliged to guarantee to consumers that products are in conformity with the relevant contract of sale for a period of 2 years after the delivery of the product.
21.2 If you are a Consumer, and your Product has a defect which existed at the time of delivery and that defect becomes apparent within 2 years from the delivery of the product, you are entitled to ask:
(a) For the product to be repaired or replaced free of charge within a reasonable period and without major inconvenience to you; or
(b) For an appropriate reduction made to the price or for the contract to be rescinded, if the product cannot be repaired or replaced, or if the repair or replacement of the product cannot be done within a reasonable time or without a significant inconvenience to you
21.3 Unless proved otherwise, any lack of conformity which becomes apparent within six months from delivery of the product shall be presumed to have existed at the time of delivery unless this presumption is incompatible with the nature of the product or the nature of the lack of conformity.
21.4 A commercial guarantee is independent, complementary to and does not affect in any way the Legal Guarantee, which you are entitled to and receive from us based on your Contract.
21.5 For further information about your legal rights you may visit the European Consumer Centers’ website.
- LIMITED WARRANTIES
22.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
22.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
22.3 To the maximum extent permitted by applicable law and subject to Section 22.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
- LIMITATIONS AND EXCLUSIONS OF LIABILITY
24.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
24.2 The limitations and exclusions of liability set out in this Clause 22 and elsewhere in these terms and conditions:
(a) are subject to Section 22.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
24.3 To the extent that our Site and the information and services on our Site are provided free of charge, we will not be liable for any loss or damage of any nature.
24.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
24.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
24.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
24.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
24.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
24.9 We warrant to you that any Products purchased from us through the Site are of satisfactory quality and reasonably fit for all the purposes for which goods of such kind are commonly supplied.
24.10 If you are contracting as a consumer, our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Products you purchased.
25.1 You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us arising out of any breach by you of any provision of these Terms, or arising out of any claim that you have breached any provision of these Terms.
- SITE ACCESS
26.1 While we endeavour to ensure that the Site is normally available 24 hours a day, we shall not be liable if, for any reason, the Site is unavailable at any time or for any period.
26.2 Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Pitre’. ltd.’s control. We reserve the right to withdraw or amend, without notice, any of the Products we provide on or through the Site.
26.3 You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of the Terms and that they comply with them.
- FRAUDULENT MISSTATEMENTS
27.1 We may terminate the Contract at any time and/or claim damages for breach of contract if we suspect that you have made a fraudulent misstatement to us, whether orally or in writing, prior to or after entering into the Contract.
28.1 We welcome the opportunity to investigate any concerns or complaints you have about our products (or related services) and are committed to handling complaints fairly, thoroughly and promptly. If you have a complaint, you should first contact us via our site or using either the address, telephone number or email address shown on the Contact Us page.
28.2 We assure you that we manage all complaints promptly, aiming to resolve in a reasonable timeframe, as determined on a case by case basis depending on the nature and complexity of the complaint.
- WRITTEN COMMUNICATIONS
29.1 When using the Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This does not affect your legal rights.
30.1 All notices given by you to us must be given to Pitre’ Limited at the postal address given in Clause 4 or to the email address firstname.lastname@example.org We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in Clause 25 above. Notice will be deemed received and properly served 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
- TRANSFER OF RIGHTS AND OBLIGATIONS
31.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
31.2 You may not transfer, assign, charge or otherwise dispose of this Contract, or any of your rights or obligations arising under it, without our prior written consent.
- FORCE MAJEURE
32.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms or any related contract between us that is caused by any act, event, non-happening, omission or accident beyond our reasonable control (“Force Majeure Event”), including (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, cyber-attack, terrorist attack or threat of terrorist attack war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of any means of public or private transport;
(e)interruption or failure of utility service; including the impossibility of the use of public or private telecommunications networks; and/or
(f) the acts, decrees, legislation, regulations or restrictions of any government.
32.2 Our performance under any Terms and Conditions or any related contract between us is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance during that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Terms and Conditions or any related contract between us may be performed despite the Force Majeure Event.
33.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of the Terms, or if we fail to exercise any of the rights and/or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights and/or remedies and shall not relieve you from compliance with such obligations.
34.1 If any conditions of the Terms and/or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such condition or provision will, to that extent, be severed from the remaining Terms and/or Contract, as applicable, which will continue to be valid to the fullest extent permitted by law.
- ENTIRE AGREEMENT
- VARIATION OF THE TERMS
36.1 We have the right to revise and amend the Terms from time to time for any reason whatsoever.
36.2 You will be subject to the policies and Terms in force at the time that you order the Products from us, unless any change to those policies or the Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).
- LAW AND JURISDICTION
37.3 Contracts for the purchase of the Goods through the Website will be governed by Maltese Law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of Malta, Europe.