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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 Robert Tabone o.b.o Top Choice (hereby referred to as Top Choice)
Top Choice is the owner and operator of http://www.topchoice.com.mt (website). Our business address is Top Choice, 280, St Joseph High Road Hamrun and our VAT Registration Number is MT1497-0427. We may be contacted on telephone number (356) 21223055 or 21222898 or email address info@topchoice.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 Top Choice 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. However When products are delivered to the address indicated, the person who is receiving the goods must present us his ID card, and if the persons who is present when the goods are delivered is not the same as the person who ordered the goods he / she must present his ID card to the delivery person.
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. DELIVERY COSTS
Delivery costs shall be as follows: For Deliveries to Malta, if the Sales value exceeds €100 the delivery is free, however if the order is less than €100 a charge of €5 will apply. For any deliveries to Gozo, the delivery charge will be €10 for each order.
5. 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 (PSP), the Endeavour Payment Gateway; your card details are transmitted from you to the payment gateway (PSP) encrypted over high-strength SSL for maximum protection and confidentially. Top Choice 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 Top Choice 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.
6. COMMUNICATION
You agree that e-mail or telephone / mobile can be used as a means of communication.
7. 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 and 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.
8. DELIVERY / TITLE / RISK
Top Choice only makes deliveries to Malta and Gozo. Top Choice aims to arrange delivery of all ‘in stock’ items to Malta and Gozo within 4 working days of receiving your order. Your order may be delayed if the item is not in stock. Some items may be unavailable and the current stock status is approximate even though a very good indicator.
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. During peak seasons, we recommend that you order by 10 days before to ensure on time delivery.
9. 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 ‘cancel’ link next to the product ordered on the website. We can also accept cancellations by phoning (356) 21223055 or 21222898 or by e-mail on info@topchoice.com.mt during the following office hours:
Monday to Friday 9:00hrs – 13.00hrs; 16:00hrs – 17.00hrs
You will be liable for 5% bank charges when cancelling your order (where applicable).
Cancellation of orders can be done for any reason within 14 calendar days from the date of delivery of the good/s.
You might cancel purchases already processed by:
sending a notice of cancellation by email to info@topchoice.com.mt or by phoning ( 356) 21223055 or 21222898, ensuring that you quote your name, address and order reference number;(this applies only for items which have not yet been delivered) or Where you have already received the goods, returning the goods to Top Choice unopened together with the original invoice. We will refund you the purchase price of the goods (less 5% bank charges).
By filling the model 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 Top Choice in the condition that they were in when delivered to you.
Top Choice reserves the right to make a restocking charge for any goods which are not returned in mint condition. [s1] Top Choice also reserves 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.
10. 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.
Top Choice 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, TOP CHOICE 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, TOP CHOICE 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 and conditions. All express, implied and statutory warranties on the part of TOP CHOICE are hereby expressly disclaimed and limited to the fullest extent permitted by law.
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 TOP CHOICE of the problem in writing at the address (by registered mail) stated in the confirmation e-mail within 2 months from the date on which the lack of conformity has been detected. This is in line with your statutory rights which are to remain in force for a period of two (2) years.
You and Top Choice 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, Top Choice 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 Top Choice.
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 Top Choice itself in accordance with the Data Protection Act, 2001 (Chapter 440 of the Laws of Malta). This privacy policy is governed by and construed with the laws of Malta and relevant EU legislation.
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 contractual agreement between you and Top Choice concerning purchases made from the website.
All disputes arising from the use of this website and/or and electronic contractual agreement between you and Top Choice 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.
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.
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, Top Choice reserves all rights, title and interest in its Intellectual Property Rights in the website. Any goodwill accruing from use of Top Choice and its affiliates’ trade marks, trade and business names and service marks under this Agreement will vest in Top Choice and its affiliates, as appropriate.
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.
Top Choice 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 Top Choice’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 Top Choice and you relating to your purchase. Top Choice advises that you print off and keep safe a copy of these terms and conditions once your order has been accepted by Top Choice. We will store a copy of the contract entered into by you with Top Choice. 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.
