These are the general Terms & 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 FM Distribution Limited (the ‘Terms & Conditions’/ ‘Agreement’).
FM Distribution Limited (‘FM Distribution’ /‘we’/‘us’/‘our’) is the owner and operator of http://www.hotpointmalta.com (website). FM Distribution Limited is a company which is registered in Malta and holds company registration number C-31255. Our registered address is FM Distribution Ltd, Mriehel Bypass, Mriehel BKR 3000, MALTA and our VAT registration number is MT 16677910. We may be contacted on telephone number (356) 23436000, fax number (356) 21344709 or email address firstname.lastname@example.org
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 FM Distribution that you have the age and legal capacity to enter into these Terms & Conditions and Conditions with us.
FM Distribution may amend these Terms & Conditions 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 and conditions. 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 FM Distribution’s posting of any changes will constitute your acceptance of such changes. If you do not agree to any changes to these Terms & Conditions, you are asked not to use this website and to leave immediately.
- 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.
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.
Delivery costs are based on shipper’s rates, and are subject to change. All delivery costs, if any, are calculated at checkout.
- Payment Method and Security
All online purchases shall only be accepted against payment by credit/debit card or Paypal.
Your card details are received and processed directly by our payment gateway (PSP), the APCOpay Payment Gateway; your card details are transmitted from you to the payment gateway (PSP) encrypted over high-strength SSL for maximum protection and confidentially. FM Distribution does 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 (PSP) 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 FM Distribution 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.
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.
You agree that e-mail (and other means of electronic communication such as notices on the site) can be used as a long-distance 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 acknowledgment, 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 Terms & Conditions.
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
FM Distribution aims to arrange delivery/shipment 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.
Some items may be unavailable and the current stock status is approximate. In the case that items ordered are unavailable FM Distribution will inform you of this before the conclusion of the contract. FM Distribution is not able to supply dates its suppliers may get an item in stock.
The period stated within which you will receive your order is approximate. 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 instalments. You may cancel your entire order with us if subsequent instalments forming part of your order are not delivered by us.
FM Distribution only deliver to countries within Europe. If your delivery address is outside of Malta, you may be subject to import duties and taxes, which are levied once a shipment reaches your country. Any such additional charges for customs clearance must be borne by you. You should note that customs policies vary widely from country to country; FM Distribution advises each customer to contact their local customs office for further information. It is your responsibility to ensure that items you have ordered will pass through all customs and access points in your country.
Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.
Once delivery has been made to your door you are solely responsible for them. A signature is required upon delivery.
Should you choose and arrange the method of delivery, this shall be at your own risk.
By placing your order with us, you are authorising us to accept a signature from another person on your behalf at your delivery address if you are not present at the time of delivery. Under exceptional circumstances, you may be able to give instruction explaining if and where you would like your order to be left if no one is expected to be present at the time of delivery, such as with a neighbour.
You must inspect all items and confirm on the delivery document if there are any shortages or damages. If there are any missing parts or damages you may inform the delivery person who will make a note on the delivery document. If however, you notice that the product is damaged after delivery has been made, without prejudice to your statutory rights, you are to notify us within 48 hours of the delivery being made. Such notice must be made by email and you must attach photos of the damages goods.
For Christmas Deliveries, we recommend that you order by the 18th December. We will endeavour to dispatch all ‘in stock’ orders within 1-2 working days, however we cannot guarantee delivery on or before the 24th December as the post may be delayed in your area.
- 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. We can also accept cancellations by phoning (356) 2343 6000 during the following office hours:
Monday to Friday 8:00am – 1:00pm; 2:00pm – 5:00pm
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.
You might cancel the purchase:
- by sending the notice of cancellation by email to email@example.com ensuring that you quote your name, address and order reference number; or
- where you have already received the goods, returning the goods to FM Distribution unopened together with the original invoice. We will refund you the purchase price of the goods (less any applicable bank charges).
- by filling the Model Withdrawal Form
If your order has not been dispatched we will cancel the order and we will refund your payment. If your order has been dispatched to you and we are unable to stop the delivery, you can refuse to sign for the delivery so that your order is returned to us and we will refund your payment in full. 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. In any case that you have chosen to return the good/s to us yourself, 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 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 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 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, or until you have supplied us with evidence of having sent back the good/s, whichever is the earliest. All relevant delivery charges shall be borne by the customer.
FM Distribution reserves the right to refuse to accept your request for 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.
Unfortunately the right to cancellation shall not apply in the case that the good/s you have ordered fall within the below exceptions:
- the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery; and
- the supply of digital content which is not supplied on a tangible medium if the performance has begun with the prior express consent of the consumer and his acknowledgment that he thereby loses his right of withdrawal.
- 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. It is up to us to decide whether to repair or replace the item. 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 and 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.
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.
FM Distribution 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, FM DISTRIBUTION 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, FM DISTRIBUTION 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 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 & Conditions. These Terms & Conditions do not adversely affect your statutory and other legal rights.
You and FM Distribution will only be liable under these Terms & Conditions 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, FM Distribution 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 FM Distribution.
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.
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 FM Distribution itself in accordance with the General Data Protection Regulation (Regulation (EU) 2016/679) and applicable data protection legislation.
- Intellectual Property
Content found on the website is the exclusive property of FM Distribution and is governed accordingly by intellectual property laws and no part of the site may be copied, reproduced or used in anyway.
In these Terms & Conditions, ‘Intellectual Property Rights’ means patents, database rights, copyright, design rights (whether registered or unregistered), trade marks (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 in the website shall be owned by us absolutely.
Subject to the right granted to you to use the website, FM Distribution reserves all rights, title and interest in its Intellectual Property Rights in the website. Any goodwill accruing from use of FM Distribution and its affiliates’ trade marks, trade and business names and service marks under this Agreement will vest in FM Distribution 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 performed in Malta. Maltese law shall govern every aspect of the electronic contractual agreement between you and FM Distribution concerning purchases made from the website.
All disputes arising from the use of this website and/or and electronic contractual agreement between you and FM Distribution shall be subject to the exclusive jurisdiction of the Courts of Justice of Malta.
No waiver by us of any breach of these Terms & Conditions 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 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.
These Terms & Conditions 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 FM Distribution and you relating to your purchase. FM Distribution advises that you print off and keep safe a copy of these Terms & Conditions once your order has been accepted by FM Distribution. We will store a copy of the contract entered into by you with FM Distribution. You are advised to read (and are responsible for reading) fully all information on this website.
If any provision of these Terms & Conditions 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 & Conditions and the remainder of the affected provision shall be unaffected.