Part I
a) Making an agreement to purchase our goods:
- The market in the goods is such that the specification, description and price of individual goods can change.
- The invitation to you (“the Customer”) to order goods (“products purchased from NSEJT”) from us is not an offer by us (“NSEJT”) to sell to you goods of the specification and description at the price indicated.
- Your order is an offer to us to buy the goods of the specification and description at the price indicated.
- Wherever possible we (“NSEJT”) will accept your order to buy the goods of the specification and description at the price indicated by e-mail and in which case there will be a concluded agreement between you and us.
- Wherever it is not possible to accept your order to buy the goods of the specification and description at the price indicated we will advise you by e-mail and offer to sell you the goods of the specification and description at the price stated in the e-mail and will state the period for which the offer or the price remains valid.
- You may accept our offer by e-mail within the period stated and in which case there will be a concluded agreement between us.
- The language used in the contract to purchase our goods is English.
b) Delivery of the goods:
- Unless otherwise stated, the price of the goods does not include delivery by us to you.
- The goods shall be delivered by us to your address and the risk in the goods shall pass to you upon such delivery taking place.
- The cost of delivery shall be clearly indicated prior to purchasing the goods and on checkout, you are deemed to have provided acceptance of such fee.
- You should note that 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.
Part II
a) Payment and Price:
We shall not be bound to deliver the goods until you have paid for them. Payment shall be due when the agreement is made between us. Time for payment shall be of the essence. The price due from you is the price indicated as inclusive of value-added tax.
b) Delivery:
- We will try to deliver the goods to you within twenty-four (24) hours
- If we are unable to do so, 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 e-mail ;
- we shall make a further offer to you by e-mail to sell you the goods of the specification and description at the price stated in the e-mail 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.
c) Your right of cancellation:
- The rights of cancellation set out below apply to any agreement between you and us.
- You have a right to cancel the agreement at any time before the expiry of a period of 14 days beginning with the day after the day on which you receive the goods.
- You may cancel by giving us notice in any of the following ways:
- by a notice in writing which you leave at our address (given above);
- by a notice in writing which you send by post to our address (given above);
- by electronic mail to our electronic mail address (given above);
and the notice shall operate to cancel the agreement between us.
- If you cancel the agreement :
- you must return the goods to us at the address given above ;
- the goods must be returned to us complete ;
- you are responsible for the cost of returning the goods to us at the address given above ;
- you are under a duty to take reasonable care of the goods (including reusable packaging, manuals etc) until they are returned to us ;
- you are under a duty to take reasonable care to see that they are received by us and not damaged in transit ;
- we will reimburse any sum paid by you or on your behalf under or in relation to the agreement including the costs of carriage.
- we will charge you the direct costs to us of recovering any goods supplied by us if you fail to return the goods to us.
d) Our right of cancellation:
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.
e) Statutory rights:
- Your right of cancellation is in addition to your other statutory rights.
- The after sales service and guarantees for the return of goods by you to us mentioned below do not affect your statutory rights.
f) Guarantees and after-sales service:
- We guarantee that the goods will correspond with the stated description and specification.
- The terms of any manufacturer's guarantee and after sales services will be included within the documents accompanying the goods or online from the respective manufacturer's website.
- This warranty does not limit or affect the Legal Warranty or any other legal statutory rights.
- The warranty period starts from the date you purchase the product with valid invoice.
- All Warranties will be valid only on presentation of Invoice/Cashsale or Fiscal Receipt together with manuals, software and any other items including the original packaging.
- Goods are not sold on a trial basis.
- Goods may be supplied in cosmetically different packaging.
- All trademarks & logos acknowledged.
- All goods remain property of NSEJT. until paid in full.
- 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/
LIMITATIONS OF LIABILITY
The company does not guarantee that the Product to fit for any particular purpose. To the extent of local law, in no event shall NSEJT be liable for impossibility to use the Product, direct, indirect, special, incidental or consequential loss or damage to any person or property. The entire compensation responsibility assumed by the company for the Product shall not exceed the price paid to purchase the Product in terms of each event or related incidents.
g) Your responsibilities:
- It is your responsibility to ensure compatibility of any goods offered for sale by us both with the existing components within your system and with any other goods offered for sale by us.
- It is your responsibility to ensure proper installation of our goods into your existing system.
- It is your responsibility to ensure that wherever necessary you access the manufacturers web site to download any necessary product upgrades (including drivers and manuals).
Part III
a) Conditions applicable:
- These conditions shall apply to all contracts for the sale of goods by us to you to the exclusion of all other terms and conditions including any terms or conditions which you may purport to apply under any purchase order confirmation of order or similar document.
- All orders for goods shall be deemed to be an offer by you to purchase goods pursuant to these conditions.
- Acceptance of delivery of the goods shall be deemed conclusive evidence of your acceptance of these conditions.
- Any variation to these Conditions (including any special terms and conditions agreed between you and us) shall be inapplicable unless agreed in writing by us.
- These terms represent the entire agreement between you and us.
b) Price and payment:
- The price (unless otherwise expressly stated) shall be inclusive of value added tax which shall be due at the rate ruling on the date of our invoice.
- Where the price is expressed to be inclusive of value added tax we have the right to adjust the price at any time before delivery to take account of any increase in value added tax.
- Authorisation through your credit card (via Paypal) of the price and value added tax shall affected once an order is confirmed. Time for payment shall be of the essence.
- Payment of the price and value added tax shall be due once goods are available for delivery and are invoiced.
- If you fail to make any payment on the due date then without prejudice to any of our other rights we may:
- suspend or cancel deliveries of any articles due to you; and/or
- appropriate any payment made by you to such of the goods (or goods supplied under any other contract with you) as we may in our sole discretion think fit.
c) No set off
You may not withhold payment of any invoice or other amount due to us by reason of any right of set off or counterclaim which you may have or allege to have or for any other reason whatsoever.
d) Delivery and non-delivery of goods:
- The goods shall be delivered to you at your address. The risk in the goods shall pass to you upon such delivery taking place.
- We shall arrange for carriage of the goods to your address. The costs of carriage shall be reimbursed by you without any set-off or other withholding whatever and shall be due on the date for payment of the price.
- We shall not be liable for any loss or damage whatever due to failure by us to deliver the goods or any of them promptly or at all.
- Not withstanding that we may have delayed or failed to deliver the goods or any of them promptly you shall be bound to accept delivery and to pay for the goods in full provided that delivery shall be tendered at any time within 3 months of the agreement.
e) Retention of title by us:
- The goods shall be at your risk as from delivery.
- In spite of delivery having been made property in the goods shall not pass to you until:
- you have paid the price plus value added tax in full; and
- no other sums whatever shall be due from you to us.
- Until property in the goods passes to you the goods and each of them shall be held by you on a fiduciary basis as bailee for us.
- You shall store the goods (at no cost to us) separately from all other goods in your possession and marked in such a way that they are clearly identified as our property.
- Not withstanding that the goods (or any of them) remain our property you may sell or use the goods in the ordinary course of your business at full market value for our account. Any such sale or dealing shall be a sale or use of our property by you on you own behalf and you shall deal as principal when making such sales or dealings.
- Until property in the goods passes from us the entire proceeds of sale or otherwise of the goods shall be held in trust for us and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as our money.
- We shall be entitled to recover the price (plus value added tax) notwithstanding that property in any of the goods has not passed from us.
f) Acceptance of the goods:
- You shall be deemed to have accepted the goods on delivery to you.
- After acceptance you shall not be entitled to reject goods which are not in accordance with the contract.
h) Return of goods which are in accordance with the contract:
- No goods delivered to you which are in accordance with the agreement will be accepted for return by us without our prior written approval (in accordance with our returns authorization procedure) and on terms to be determined at our absolute discretion.
- If we agree to accept any such goods for return you shall be liable to pay handling charges. Such goods must be returned by you to us carriage-paid and in the original packaging.
- Goods which are in accordance with the agreement and are returned without our prior written approval may at our absolute discretion be returned to you or stored at your cost without prejudice to any other rights or remedies we may have.
- The supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
i) Variations in description or specification:
- We may deliver goods of a different description or specification from that agreed and as may be required to comply with any applicable safety or statutory requirements or which do not materially affect the quality or fitness for purpose of the goods.
- Images shown are for reference purposes only. Actual item may look or differ.
- Manufacturers may alter features & specifications of a product. We will notify you should we become aware of any change in specifications. If you notice a change in specifications which is not satisfactory to you, you are entitled to a refund of the purchase price within the 15 day cooling off period.
- Items that are not returned in pristine condition and with full original undamaged packaging may be subject to a reduced refund.
j) Limitations upon our liability to you:
- Our liability to you for any breach of contract or negligence (save and except our liability for negligence for death or personal injury) shall be limited to the price of the goods together with any expenses incurred by you in notifying us and returning the goods to us.
- We shall not be liable for any consequential loss including without limitation any loss caused by interruption of your business, loss of electronic information or physical damage to property and whether directly or indirectly caused by any breach of contract or by negligence by us or by any servant or agent of ours.
k) Choice of law and jurisdiction
- This contract is subject to the law of the Republic of Malta.
- All disputes arising out of this agreement shall be subject to the exclusive jurisdiction of the courts of the Republic of Malta.
- If any part of these terms and conditions shall be found to be unlawful, it shall not affect the validity or enforceability of the remainder of the conditions.
