Terms & Conditions

1. Introduction

These are the general Terms and Conditions governing your access and use of the content and services offered to you on this internet site and constitute an agreement between you and DIGITALZONE / J. V. Meli Imports.

DIGITALZONE / J. V. Meli Imports (‘‘we’ / ‘us’ / ‘our’) is the owner and operator of http://www.digitalzone.com.mt. Our head office is located at DIGITALZONE, Triq in-Nassab, Qormi, Malta and our VAT Registration Number is MT1396-9221. We may be contacted on the telephone number (356) 21 667400 or email address info@digitalzone.com.mt.

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 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 us that you have the legal capacity to enter into these Terms and Conditions with us.


2. 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. All products purchased online shall be delivered to the address indicated by you.


3. Price

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.


4. 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 provider, the Endeavour Payment Gateway; your card details are transmitted from you to the payment gateway encrypted over high-strength SSL for maximum protection and confidentially. We do not at any point handle the card information. 
 
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 provider 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 us for the purpose of ordering or purchasing goods from this website.

You also undertake 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.


5. Communication

You agree that email can be used as a long-distance means of communication.


6. Conclusion Of The Contract

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

The confirmatory email will also contain a link to these Terms and Conditions.

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

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


7. Delivery / Title / Risk

Unless otherwise stated, the price of the goods does not include delivery by us to you. The costs of carriage and any insurance which you direct us to incur shall be reimbursed by you and shall be due on the date for payment of the price.

In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, we shall, at our own option, make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question PROVIDED THAT you notify us of the problem in writing at the address stated in the confirmation email within 2 working days of delivery of the goods. Our carrier requires immediate notice to be given of any loss or damage to goods and you should inspect the goods upon receipt and report any loss or damage to the carrier immediately. Insofar as you report any damage to goods to us within 48 hours of delivery we will refund the price and carriage or replace the goods at no cost to you. In respect of any damage to goods reported to us after 48 hours of delivery we shall require proof from you that the goods were damaged before receipt by you.

We aim to arrange delivery / shipment of all ‘in stock’ items within 2 - 3 working days of receiving your order. Some items may be unavailable and the current stock status is approximate. If we are unable to deliver within 3 working days, we reserve the right to deliver them within 30 days beginning with the day after the day of the agreement between us. If we are unable to deliver the goods to you within 30 days beginning with the day after the day of the agreement:

  • we shall inform you by email;
  • we shall make a further offer to you by email to sell you the goods of the specification and description at the price stated in the email and will state the period for which the offer or the price remains valid;
  • unless you accept the offer we will reimburse any sum paid by you or on your behalf under or in relation to the agreement within a period of 30 days beginning with the day after the day on which the time for delivery expired.


Goods will be sent to the address given by you in your order and stated in the order confirmation. Please note that your goods may be sent to you in installments.


8. Cancellations / Return Policy

All purchases are in general non-exchangeable, non-refundable and non-transferable besides cases of cancellation and withdrawal.

You may cancel your order at any time prior to your order being processed by clicking on the ‘return’ link next to the product ordered on the website. We can also accept cancellations by phoning (356) 21 667400 during the following office hours:

Monday to Friday 9:00am - 5:00pm

Cancellation of an order can be done within 15 calendar days from the date of delivery of the good/s.

You might cancel the purchase

  • by sending the notice of cancellation by email to info@digitalzone.com.mt ensuring that you quote your name, address and order reference number; or
  • where you have already received the goods, returning the goods to DIGITALZONE Qormi unopened together with the original invoice. We will refund you the purchase price of the goods.
  • by filling in and sending the withdrawal form.

 

Once we receive notification from you that you wish to withdraw from the contract (in accordance with these Terms), any sum debited to us from your credit card in relation to your order will be re-credited to that credit card account as soon as possible and in any event within 14 days of your order provided that the goods you wish to return are received by us in the condition that they were in when delivered to you. 

 

We reserve the right to make a restocking charge for any goods which are not returned in mint condition or to refuse to accept such goods, at our sole discretion. We also reserve the right to make a charge for collecting goods from your premises in circumstances where they are not defective but you have cancelled your order. Your statutory rights are not affected.

 

In the event that we are unable to resolve a complaint with you directly, you have the right to refer the dispute to the EU’s Online Dispute Resolution Platform at http://ec.europa.eu/consumers/odr/ 

 

If for reasons beyond our reasonable control, pricing errors, including but not limited to an inability or failure on the part of the manufacturers or suppliers of the goods to supply the goods to us, we are unable to supply the goods to you, we may cancel the agreement at any time before the goods are delivered by giving notice to you. We shall promptly repay to you any sums paid by you or on your behalf under or in relation the agreement. We shall not be liable for any other loss or damage whatever arising from such cancellation.

 

9. Warranty and after sales service

  • We guarantee that the goods will correspond with the stated description and specification.

  • We guarantee that the goods will be of satisfactory quality when delivered by our carrier.

  • The terms of any manufacturer’s guarantee and after sales service will be included within the documents accompanying the goods.

  • We will handle the manufacturer’ s warranty up to 2 years from date of purchase. Products with manufacturers’ warranty over 2 years are to be returned directly to manufacturer by the purchaser. Please refer to manufacturer’s returns policy for returns procedure. This warranty does not limit or affect the 2 years Legal Warranty automatically granted to consumers and any other legal statutory rights. The warranty period starts from the date you purchase the product with a valid invoice. All Warranties will be valid only on presentation of the Invoice/Cashsale or Fiscal Receipt.

  • The manufacturer’s warranty only covers hardware component failures in the product. We assume no responsibility for any software installation/ breakdown/damage.

  • It is your responsibility to backup the data/contents of your device before you send it in for service purposes. It is likely that the data/contents of your device will be lost or reformatted in the course of repair and we will not be responsible for any damage or loss of any programs, data or other information stored on any media or any part of the product serviced or damage or loss arising from the product not being available for use before or during or after the period of service provided or any consequential damage resulting there from.

  • This limited warranty does not cover the followings: any third party accessories; cosmetic damages; damage or loss to any software programs, data, or removable; or damage due to (1) natural disaster, accident, misuse, normal wear & tear, abuse, negligence, commercial use or modifications to the product; (2) improper operation or maintenance ; (3) connection to improper voltage supply or electrical power surge; (4) attempted to repair by any party other than at our service centre; (5) use of components which is not approved by us (6) use of pirated software.

  • This warranty is invalid if the serial number has been altered or removed from the product.

  • Repair or replacement under the terms of this warranty does not give right to a new starting of the warranty. However, you are entitled to a warranty extension equal to the period the product is in our workshop for service.

  • Any replacement product may be either new or like new, provided that it has functionality at least equal to the product being replaced.

 

10. Liability

This section applies only to the extent permitted by law.

While we endeavour 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.

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

TO THE FULLEST EXTENT PERMITTED BY LAW, DIGITALZONE 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.

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 and/or discontinue (temporarily or permanently) the products and services from time to time, for any reason, and without notice, including the right to terminate any of the products and services. In any such case we shall not be held liable for any such modification, discontinuance or termination.

We provide no further warranties other than the ones specifically agreed to in these Terms and Conditions.  All express, implied and statutory warranties on the part of DIGITALZONE are hereby expressly disclaimed and limited to the fullest extent permitted by law.

You and DIGITALZONE will only be liable under these Terms 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, we do 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 DIGITALZONE.

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, 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.


11. Privacy Policy

We are committed to protect 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 us in accordance with the Data Protection Act, 2001 (Chapter 440 of the Laws of Malta).

For more information about our policy, you are requested to read our privacy policy which is available on this link: http://www.digitalzone.com.mt/privacy-policy

You confirm that you have read and understood our privacy policy and agree to the provisions contained therein.


12. 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 performed in Malta. Maltese law shall govern every aspect of the electronic contractual agreement between you and DIGITALZONE concerning purchases made from the website.

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


13. Miscellaneous

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

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.

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 Terms 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.

 

DIGITALZONE may amend these Terms from time to time, and place the new version on the website. For users purchasing goods all purchases from the date that the amended Terms are placed on our website onwards will be governed by those new Terms. Otherwise, such changes will be effective against existing users thirty (30) days following posting of the amended version on the website. Your continued use of the website following DIGITALZONE’s posting of any changes will constitute your acceptance of such changes. If you do not agree to any changes to these Terms, then your only remedy is to cease using the website.

These Terms 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 DIGITALZONE and you relating to your purchase. We advise that you print out and keep a copy of these Terms and Conditions once your order has been accepted by DIGITALZONE. You are advised to read (and are responsible for reading) fully all information on this website.

If any provision of these 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 Terms and the remainder of the affected provision shall be unaffected.

 

 

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