Terms & Conditions


GENERIC

    The Client binds himself to adhere to these terms and conditions (hereafter “T&Cs”) which shall apply when the Client shall purchase products and/or make use of the services offered by The Perfume Specialist (hereinafter referred to as the “Seller”)


DEFINITIONS

The following terms shall have the following meaning:

“Client” means a consumer or a trader. For the purposes of these T&C’s, a consumer is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. A trader pursuant to these Terms and Conditions is any natural or legal person with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.

“Confidential Information” means these T&Cs and all information disclosed by either Party to the other Party, in writing or orally, relating to the Services and any other products delivered hereunder and the businesses of the Parties, except for information which:

  1. was or becomes publicly known without breach of these T&Cs or applicable law; or
  2. is obtained by the receiving Party from a third Party without a breach of such third Party’s obligations of confidentiality; or
  3. is required by law to be disclosed by the receiving Party


“Force Majeure” means any economic loss, delay or failure in performance of any part of this agreement to the extent that such loss, delay or failure is caused by fire, flood, explosion, accident, war, strike, embargo, governmental requirements, civil and military authority, Act of God, civil unrest, data trespass, inability to secure materials or labour, action of the other Party or any other cause beyond such Party’s reasonable control;

“GDPR” means the relevant data protection and privacy laws to which the Parties are subject including but not limited to Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and the Data Protection Act, Chapter 586 of the Laws of Malta and subsidiary legislation thereto, as may be amended from time to time;

“Website” means one or more domains operated or managed by the Seller;

    1. The Seller and the Client shall individually be referred to as “Party” and collectively as “Parties”.


PROVISION OF PRODUCTS AND SERVICES

    The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but are merely descriptions which allow the Client to submit a binding offer. Images of the products as displayed on the Website may differ slightly from the actual product.

    1. The Client may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalising the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the virtual basket.
    2. Order processing and contacting usually take place via e-mail and automated order processing. It is the Client’s responsibility to ensure that the e-mail address provided for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.


PAYMENT

    1. Unless otherwise stated in the product description, prices indicated are total prices and include the statutory value added tax. Shipping and delivery costs are specified separately in the order form.
    2. Payment may be made using one of the methods provided in the Seller’s online shop.
    3. By providing a credit card or other payment method accepted by the Seller, the Client represents and warrants that he is authorised to use the designated payment method and that he authorizes the Seller or its third-party payment processor to charge the Client’s payment method for the total amount of the invoice. If the payment method provided cannot be verified, is invalid or is otherwise not acceptable, any agreement may be suspended or cancelled. The Client must resolve any problem the Seller encounters in order to undertake any obligations stipulated under these T&Cs.


DELIVERY

    1. The Seller shall endeavour to deliver the products ordered by the Client within two (2) working days to the address named by the Client in Malta and five (5) working days to the address named by the Client in Gozo. 
    2. Notwithstanding the above, the Seller shall not be held liable for any delay in the delivery of the products and/or services.
    3. Provided that the order value does not exceed fifty (€50) Euro, a delivery fee of five (€5) Euro shall be charged on deliveries to Malta and Gozo. The delivery fee shall not be charged on orders exceeding fifty (€50) Euro in value. The delivery fee and the waiving thereto is at the sole discretion of the Seller who reserves the right to amend or withdraw at any time.  


CANCELLATION

    1. The following rights of cancellation by the Client shall apply:
      1. For a consumer, the Client may cancel orders placed with the Seller within fourteen (14) working days from the date of receipt of the products.
      2. For a trader, the Client may cancel orders placed with the Seller within ten (10) working days from the date of receipt of the products.
      3. In all cases, acceptance of cancellation of the order and subsequent refund shall be subject to the return of the ordered merchandise unopened and not damaged in any way.
      4. The Seller shall immediately refund the purchase price to the Client upon full inspection of the returned merchandise.
    2. The Seller reserves all actions and remedies available by law to preserve its rights under these T&Cs and any other agreement between the Parties.

 

RETURNS

    1. In the event the Client receives a product that is damaged or faulty, the Seller shall, upon return of the product offer a replacement free of charge, excluding delivery costs.
    1. The Client shall return the damaged or faulty product to the Seller by not later than five (5) days from delivery, accompanied by visual evidence such as images or videos showing the faulty and/or damaged state of the product sent to the Seller’s email address : info@theperfumespecialist.com


DISCLAIMER OF WARRANTIES

    1. The Seller does not offer any warranty as to the accuracy, content, completeness, legality, reliability or operability or availability of information or material made available to Clients. Nor does the Seller offer any warranty as to the correct communication, presentation or display of the information made available to Clients.
    2. The Seller excludes, in so far as it is legally allowed to do so, any warranty whatsoever related to the Services and in particular it does not offer any warranty as to fitness for a particular purpose and non-infringement of proprietary rights, including intellectual property rights.
    3. The Seller does not provide any warranties as to the integrity and correctness of the information present on its Website and as to the products advertised on the Website or advertised and/or made available through sites linked thereto.
    4. The Seller further disclaims any responsibility for any damages whatsoever which may be incurred by any Client when making use of the products. 


LIMITATION OF LIABILITY

    1. To the maximum extent allowed by law, in no event shall the Seller:
      1. Be liable for any indirect, consequential, exemplary, special or incidental damages, even if the Seller knew or should have known of the possibility of such damages; and
      2. Be subject to a total cumulative liability arising from or related to the products supplied, whether in contract or tort or otherwise, exceeding the value actually paid by the Client to the Seller. 

This limitation is cumulative and will not be increased by the existence of more than one (1) incident or claim.

    1. The Seller shall not be liable for any losses arising out of any event or events beyond the Seller’s control.
    2. The Seller will furthermore not be liable in respect of any damages to third-parties arising out of the Client’s use of the Services rendered.


INTELLECTUAL PROPERTY

    1. The Client acknowledges that all titles and copyrights in and related to the Services (including but not limited to any images, photographs, animations, video, audio, music, text, “applets,” and “plug-ins,” incorporated therein) and any accompanying materials are owned or licensed by the Seller.  


GOVERNING LAWS AND DISPUTES

    1. The Seller shall take reasonable steps to ensure any products provided under these T&Cs are in conformity with applicable laws and regulations.
    2. These Terms and Conditions shall be subject to the Laws of Malta.
    3. Any dispute controversy, or claim arising out of or in connection with these T&Cs shall be finally settled before the Courts of Malta.
    4. The language of dispute resolution proceedings shall be English. The proceedings shall take place in Malta.


WAIVER

    No waiver by the Seller of any of the provisions of the T&Cs is effective unless explicitly set forth in writing by the Seller. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these T&Cs operates, or may be construed, as a waiver thereof.


FORCE MAJEURE

    The Seller shall not be liable or responsible to the Client, nor be deemed to have defaulted or breached these T&Cs, for any failure or delay in fulfilling or performing any term of the T&Cs when and to the extent such failure or delay is caused by or results from acts or circumstances of Force Majeure.


DATA PROTECTION

    1. By placing an order for any products, the Client agrees and understands that the Seller may store, share, process and use data collected from the Client for the purposes of providing the Services. 
    2. The Seller may also share such data with its subsidiaries and partners. 
    3. The Seller will process, store, protect, retain and dispose of the Client’s information in accordance with the GDPR.


CONFIDENTIALITY

    The obligation to keep Confidential Information strictly confidential shall survive the termination of this engagement.


RELATIONSHIP BETWEEN THE PARTIES

    The Seller is an independent contractor and nothing contained herein shall in any way constitute any association, partnership or joint venture between the Parties hereto, or be construed to evidence the intention of the Parties to establish any such relationship. Neither Party shall have any right, power or authority to make any representation or to assume or create any obligation, whether express or implied, on behalf of the other, or to bind the other Party in any manner whatsoever.


ASSIGNMENT

    The trader Client shall not assign any of its rights or delegate any of its obligations under these T&Cs without the prior written consent of the Seller. Any assignment or delegation in violation of this clause is null and void and no assignment or delegation relieves the Client of any of its obligations under these T&Cs.


MISCELLANEOUS 

    1. If any term or provision of these T&Cs is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these T&Cs or invalidate or render unenforceable such term or provision in any other jurisdiction.
    2. The Seller reserves the right to update and amend these T&Cs. Any change or update will become effective from the moment of its notification to the Client.