eCommerce Terms
Last updated 2 October 2023
Communications and Billing Information
Applicable Law and Jurisdiction
Conditions of Use
Through the online store of the Website (defined below) the purchasing of items is subject to the terms and conditions set out in this document (the “eCommerce Terms”). These eCommerce Terms form part of the more comprehensive Terms of Service. By purchasing items through the Website you agree to be legally bound by these eCommerce Terms, as well as the Terms of Service, Privacy Policy and Cookie Policy (collectively referred to as the “T&Cs”). Should you not agree to each and every term and condition set out in the T&Cs, you are asked not to use the Website, or the services offered over the Website and leave immediately.
Oval Brands Limited, with company number C-46065, and registered office address: Canter Business Centre, Triq Patri Felicja Bilocca, Marsa, MRS 1524, Malta (“Art Store Malta”) is the owner and the operator of the Art Store Malta website (the “Website”). Art Store Malta’s VAT registration number is MT19644104.
Your continued use of the Website constitutes your agreement to be bound by the prevailing T&Cs. You are advised to read the T&Cs carefully. It is your responsibility to check this page regularly to ensure you are conversant with any changes.
Art Store Malta reserves the right to refuse, suspend or terminate our service and access to the Website.
Product Information
The Website seeks to promote and sell art-related products.
All attempts are made to be as accurate as possible and eliminate errors on the Website; however, no warrant is made that any product, service, description, photograph, price or other information is accurate, complete, reliable, current or error-free.
If an item you order is not received as described on the Website it can be returned, as new, as described in the Returns Policy below.
In the event of an error, whether on the Website, in an order confirmation, in processing an order or the delivering of a product, the right is reserved to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund. We shall not be responsible to you or to any third party for any amendment, suspension or cessation of our service or any variation in the price of our products.
User
To place an order on the Website you must be over the age of 18 years. By using the information, services and products available through this Website, you warrant that you are of age and have legal capacity to enter into agreement with Art Store Malta.
Prices
All prices shown on the Website are displayed including sales tax / VAT where applicable. Any other fees incurred, such as shipping for example, are calculated at checkout, unless stated differently on our Website. All costs are made explicit prior to the payment stage to eliminate hidden costs. Pre-sale prices may be subject to change and the right is reserved to raise or lower prices.
Payment Terms
When purchasing an item through the Website, payment is made in full prior to orders being dispatched. Payment includes any shipping or handling costs and any applicable VAT, based on the applicable VAT / sales tax rate of the location to which the order is being shipped.
The right is reserved to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. Only valid credit cards or other acceptable payment methods may be used. By submitting your order, you represent and warrant that you are authorised to use the designated card or method and authorise your order to be charged (including taxes, shipping, handling and any other amounts described on the Website) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended, cancelled automatically or may not be processed to begin with.
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 the order.
Communications and Billing information
You agree that you will provide accurate and current purchase and account information in relation to any and all purchases through the Website. You agree to maintain all information and ensure it is kept up to date, so that we may process your transactions.
When purchasing items through the Website you will be asked to provide your email address, contact number (preferably mobile number) and other contact details, primarily to facilitate the delivery process, but also so that you can be contacted for any other reason relating to your order. In providing these contact details, you verify that you own these contact details that you provide. You agree that the contact details provided can be used as means of communication and you consent to receive emails, pre-recorded voice messages and/or auto-dialled calls (including text messages) by or on behalf of Art Store Malta relating to these eCommerce Terms, any transaction with Art Store Malta, and any matters related to your account for the duration of these eCommerce Terms.
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Your Order
As soon as we receive notification from our online system of an order you will receive an order confirmation email stating the particulars of that order and containing all relevant information.
Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually dispatch an item to you, at which point a contract will be concluded between us.
All items are subject to availability and the right is reserved to: (i) reject or cancel all or part of an order at Art Store Malta’s sole discretion; (ii) discontinue products or services without notice, even if you have already placed your order; (iii) limit quantities ordered by an individual or entity, this may relate to orders under the same name, user account, credit card, billing or shipping address and to orders which appear to be made by other resellers or distributors; (iv) change prices without notice; and (iv) refuse or cancel any orders placed for products and/or services which the sale or use of such product and/or service in your location or jurisdiction is restricted or prohibited. Should these occur, you will be contacted using the contact details you have provided.
Should any product which you have included in your order be out of stock, you will be notified and will be given the option of either replacing the product with another product or removing the product from your order.
If we refuse/reject/decline to supply an item to you; or cancel/limit your order; or your order is out of stock, and you have already paid for it, we will give you a full refund of any amount already paid for. We shall not be liable to you except to ensure that you are not charged for that item/order.
Collection and Delivery
The options for transportation of your online order are shown at checkout. Here you will be prompted to input your address. You can choose between COLLECTION and DELIVERY.
Collection and Delivery
Collection
You can collect your item in person free of charge from reception at the Canter Business Centre, Patri Felicjan Bilocca Street, Marsa, MRS 1524, Malta. Collection times are 9am-4.30pm on weekdays.
Collect your package after you have received an email form us that your package is ready. Please allow at least two-five working days for your order to be processed before you collect. Working days are Monday to Friday only, i.e. weekends and public holidays are not considered to be working days.
Delivery
If you choose to have your order delivered, you have two options:
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Free delivery to Malta or Gozo
Delivery is free of charge if you meet the minimum order value. For mainland Malta the minimum order value is €40 and for Gozo it is €50.
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Paid delivery to Malta or Gozo
If your order value is below the minimum order value (€40 for Malta, €50 for Gozo) a delivery charge of €5 will automatically be added to your order at checkout.
Delivery - how it works
When your order is dispatched, you will receive an email containing a tracking option. Delivery services are outsourced to an external courier services provider.
In order for your item to be delivered to your address, you must pay any shipping/delivery charges displayed at checkout on the Website when your order is placed. The shipping/delivery charges you pay cover the transportation of your item(s).
In the eventuality of an order of item(s) not arriving within the designated time frame, please use the tracking option in the notification email to track your order. Should you have any difficulties tracking your order, you may contact us directly to trace your order. Should this prove unsatisfactory or unsuccessful, please send an email to info@artstoremalta.com immediately.
Art Store Malta prepares and packs orders, and notifies the third party courier service providers in plenty of time for the package to be collected and delivered within the three day timeline. Art Store Malta 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 the following: acts of God, acts of war and riots, commercial strikes, public holidays and disruption to business, accidents affecting the transit of goods and ancillary problems encountered by third parties (including third party courier service providers) forming an integral part of the supply chain and other cases of force majeure). It is hereby acknowledged that delivery may also be delayed when such delay is caused by the consumer.
Liability Limitations
This section applies only to the extent permitted by law.
You agree that you shall maintain the entire risk arising out of your use of the Website to the maximum extent possible under the applicable law.
If we are in breach of any of these eCommerce Terms we will be responsible for any losses that you suffer as a result to the extent that they are a reasonable, foreseeable consequence to both of us at the time you make the relevant order. Our liability shall not in any event include any indirect loss, consequential loss, loss of data, lost profits or business interruption and/or loss from claims of third parties, even if the company is provided with prior notice of the possibility of such damages and even if such damages are foreseeable. Our liability to you in connection with any order shall be limited to, and shall not exceed, the total price charged for the items.
To the fullest extent permitted by law, Art Store Malta 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 merchant ability and fitness for a particular purpose. In addition, we do not represent or warrant that the information accessible via this Website is accurate, complete or current or that this Website is compatible with all computer or mobile software and equipment.
We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.
We provide no further warranties other than the ones specifically agreed to in these eCommerce. All express, implied and statutory warranties on the part of Art Store Malta are hereby expressly disclaimed and limited to the fullest extent permitted by law.
We shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or fault in, their networks and equipment.
While we consider internet security to be a serious matter, worthy of due consideration, and while we will also do our utmost to ensure that the Website is accurate, up-to-date and free from bugs, we cannot guarantee that the Website and its server is free of errors, viruses, worms, Trojan Horses or any other malicious software. We shall not be responsible for any damage you may suffer as a consequence of such harmful and unintended features.
Intellectual Property
Copyright in the text, images, photographs, graphics, layout and design of the Website are protected by local and International applicable copyright laws. Copyright in all Website text content, layout and other copyrighted works contained in each product, is either owned by Art Store Malta or the product manufacturer, or used with permission. No part of the Website content may be reproduced in any form (including by electronic or mechanical means, photocopying, recording or information storage and retrieval) without the written permission of Art Store Malta.
The Art Store Malta wordmark and logo are the trademarks and/or registered trademarks of Art Store Malta. Other trademarks, artwork, copy and/or translations of copy appearing on the Website are used with permission of their respective licensed owners.
Returns Policy
If you purchased your item online, you have the right to return the item within 14 days without having to give a reason.
For the purposes of these Terms & Conditions, the following terms and definitions shall apply:
Cancellation - relates to an item which has not yet been shipped.
Return - relates to an item which has been shipped and is therefore either in transit or has arrived at its destination and been received by you or on your behalf.
Please be aware that depending on the circumstances, shipping/delivery charges may still be applicable in the event of a cancellation or return. If you decide to cancel or return an item which has already been scheduled for delivery or has been delivered, the cost of delivery may not be refunded. Furthermore, if you, the buyer, choose to return an item, the return delivery costs may also be your responsibility.
To cancel an order or return an item, please contact info@artstoremalta with details of your request, citing your order number and the reason (if applicable) for the cancellation or return, before the expiration of the withdrawal period. You must then return the goods within (14) days from the day on which you communicated your decision to withdraw.
Following a cancellation or return request / instruction, a refund against the returned item is issued within fourteen (14) days from the safe return delivery of the purchased item to the address provided to the buyer for this purpose i.e. Canter Business Centre, Patri Felicjan Bilocca Street, Marsa, MRS 1524, Malta. Items must be returned to us in the same condition they were in on delivery and you shall be liable for any diminished value of the goods. We would also ask that they be returned with their original outer packaging or similar to avoid damage on their return journey. We reserve the right to withhold all or part of your refund if items are returned damaged.
We will carry out such reimbursement using the same means of payment as You used for the initial transaction. You will be liable for any applicable bank charges when cancelling your order.
Refund of Faulty Items
If you have any problems with your purchase we will be happy to offer help. Please contact us for assistance by sending an email to info@artstoremalta.com.
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.
In the case of items arriving damaged, kindly email on info@artstoremalta.com within 48 hours from delivery being made, and include a description of the damage and detailed photographic evidence of the damaged item and packaging. Photographs should be of a quality sufficiently high enough for the extent of the damage to be clearly visible.
According to the consumer rights rules of the European Union, if an item you have purchased is faulty or does not appear to be as advertised, we should arrange for a replacement or for the item to be repaired at no extra cost to you. The decision to repair or replace the item is at our discretion. 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 any defects. 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 any 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.
Dispute Procedure
Naturally it is the hope that disputes would be resolved without either party resorting to external arbitration. In the first instance you are advised to write to info@artstoremalta.com with details of your grievance and every effort will be made to look into and resolve the issue. However, in the event that you do not feel that your issue has been satisfactorily handled through this channel, please be advised that alternative support is available.
Any dispute relating to any activity on the Website or the purchase of products from Art Store Malta shall be subject to the laws of Malta. As a member country of the European Union, eCommerce platforms based in Malta are subject to the European Commission’s Online Dispute Resolution (ODR) regulations, a system which allows consumers in the E.U. to “easily file complaints regarding online sales (services and contracts) against companies which are also established in the EU.”
Anyone wishing to file a complaint is referred to the Online Dispute Resolution (ODR) regulations.
Contact
If you have further questions relating to these eCommerce Terms do not hesitate to contact us on info@artstoremalta.com or +356 2123 7555.
Applicable Law and Jurisdiction
The Website is Maltese and is subject to the laws of the Republic of Malta. Every purchase you make shall be deemed to be performed in Malta and the laws of Malta shall govern every aspect of the electronic contractual agreement between you and Art Store Malta concerning purchases made from this Website.
All disputes arising from the use of this Website and/or electronic contractual agreements between you and Art Store Malta shall be subject to the exclusive jurisdiction of the Maltese courts.
Miscellaneous
No waiver by Art Store Malta of any breach of these eCommerce Terms shall be considered as a waiver of any subsequent breach of the same or any other provision.
Art Store Malta reserve the right to terminate this Agreement immediately and without notice to you if:
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you fail to make any payment to us Art Store Malta when due;
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you breach the terms of these eCommerce Terms;
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when requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable Art Store Malta to determine the accuracy and validity of any information supplied by you, or your identity;
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Art Store Malta suspect you have engaged, or are about to engage, or have in any way been involved, in fraudulent or illegal activity on the Website.
These eCommerce Terms supersede any and all other conditions, understandings, commitments, agreements or representations relating to your purchase, whether oral or in writing, and contain the entire agreement between Art Store Malta and you relating to your purchase.
If any provision of these eCommerce Terms 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 eCommerce Terms and the remainder of the affected provision shall be unaffected.
Notices and Changes
Art Store Malta reserves the right to change the T&Cs, at any time without notice. Any notices or other communications permitted or required hereunder, including those regarding modifications to these eCommerce Terms, will be in writing and given: by Oval Brands Limited (i) via email (in each case to the address that you provide) or (ii) by posting to the Website. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. The date of the most recent update to these eCommerce Terms appears at the top of this document.