TERMS & CONDITIONS SOUND MACHINE

 

1. GENERAL TERMS OF USE

 

A.1 We thank you for your interest in our website https://soundmachine.com.mt. Our Website is intended to indicate the range of products and services of on offer as well as offer information about our Company. Sound Machine Company Limited is a limited liability company having its registered office at Sound Machine, Paola Square, Paola, PLA 1263 Paola, Malta.

 

A.2 By using the services on offer in Sound Machine Website our website you are implicitly agreeing to our terms and conditions – may we ask you to  read them carefully!

1. You may only make use of the website if you intend to abide fully by the terms and conditions contained within.
2. In the following text the terms “We”, “Our” or “Us” refer to Sound Machine Company Limited.
3. Please refer to the section Privacy Policy on this page which is also included in the Terms and Conditions.
4. We are open to any suggestions from your side regarding how we can improve our Website and Services. Please do not hesitate to contact Sound Machine customer care on the following email: info@soundmachine.com.mt or by phoning on (+356 21497111) during normal office hours.

 

A.3 Our terms and conditions are subject to change and may be revised from time to time at our discretion. In case you may wish to avail yourself of a printed copy of these terms and conditions we would draw attention to the fact that the printed version may not reflect the latest version as present on the website.   We shall of course abide by and enforce as necessary the latest version as would be present on the website at the time.

A.5 Please note the following on the Terms and Conditions. Any reference to gender includes the other gender, any words in the singular include the plural and vice versa and any reference to legal persons also includes natural persons and vice versa. The only scope of the headings in these T&Cs is for reference. If reference is made to a particular statute or law it will be interpreted as a reference to that statute following any amendment at the relevant time.

 

A.6 These Terms and Conditions shall predominate unless expressed otherwise in writing and signed by the Director on behalf of the company. In addition, these terms and conditions shall apply as a contract with the exception of any terms and conditions  incorporated or referred to in any order, writing or any other communication and correspondence between you and us.

 

 

1.  EXPRESS TERMS AND CONDITIONS

 

1. LICENSE TO THE CONTENT

 

1.1 We authorise you to a limited, non-exclusive, non-transferable license to access the Website as a means of obtaining information regarding our company, products, services and for making orders for services. However, any other use of the Website and the content available is prohibited. All other rights in the Content and Website are reserved by us and our licensors.

 

2. INTELLECTUAL PROPERTY RIGHTS

2.1 The name Sound Machine Limited and our company’s logo as reproduced here  individually, and jointly together, constitute our Trade name and are protected by law.

 

2.2 The domain name https://soundmachine.com.mt/ is registered in our name and is our property. This domain name is associated with our trade name and thus one is prohibited from claiming any rights in the trade name and domain name. Our company trade name, domain name and logo may not be used unless given our prior consent and authorisation.

 

2.3 The purpose of these Terms and Conditions is not intended to create any ownership or intellectual property rights transfer. Therefore, all rights in intellectual property are reserved and licensed exclusively for us. Such intellectual property includes copyrights, trade-marks, service-marks patents, rights in preparatory works, database rights, all titles, rights, interests in the Website and Content in the Website in any format such as digital, electronic, text, images, video, sound, music, melody, design, information, applications, source code, software, artwork design.

 

2.4 The use of the above-mentioned intellectual property is accountable to the terms of any license restraining such use. If the use of such information is beyond that permitted in the license or under these terms and conditions then there is violation of these Terms and conditions. If it is ambiguous as to whether a licence is present, you are compelled to contact the Company and obtain the necessary authorisation. Prior written consent is required from the rightful owner of the intellectual property before any other use. Any license provided below is non-exclusive, limited within the designated territory and non-transferable therefore any assignment without the Company’s consent will not be considered. The copying of content, services, products or intellectual property is banned unless it is required for proper and reasonable viewing and for creating back-ups. The purpose of back-ups is for when the original is not accessible or not functional and the back-up should be used until the original is reinstated. Every back-up and copy remains the property of Sound Machine. Material can be accessed and downloaded from the website for personal use and for the purpose which it is intended for. You may not replicate, transfer, change, republish, reserve, frame associate it to any material or data on this website if no prior written consent or authorisation is present.

 

 

3. THIRD-PARTY ASSOCIATIONS

3.1 There may be links on the Website which are managed by third parties in which case we advise that we have no rights to this data including images, links and text. The links are there for your benefit only and therefore we do not offer, recommend or secure any products or services which are advertised on those websites. If you decide to access the advertised websites linked on our Website, you do so at your own risk.

4. ADVERTISED PRODUCTS AND SERVICES

4.1 The particulars of the products and services are accessible on the Website and present general information only. Although we strive to avert any errors and omissions we cannot guarantee their validity.

4.2 We have chosen our products on the principle that they will only be used for domestic purposes. If the products are going to be used for business purposes please ensure that you are covered by the right insurance. If you are going to make use of the products for business purposes we refuse (to the fullest extent permitted by law) the warranties and conditions related to the product. Our maximum accountability to business users arising in connection to a product  shall be narrowed to the replacement value of the product in question (except in the event of death or personal injury due to our negligence or in respect of fraud). In addition, we do not take responsibility for the fitness of goods and for the loss in the cost of the item.

4.3 The prices shown on the website are in EURO and include VAT (where applicable, at the current rates established by law). We ensure to correct any unintentional errors in the displayed pricing or VAT calculations as soon as they are discovered and the prevailing price shall therefore be that as currently displayed. In case you have submitted an order for an item whose price was displayed in error, you shall be permitted to cancel or change your order. No refunds are contemplated in this instance.

4.4 The prices shown on the Website are on an invitation-to-treat basis and refer to stipulated quantities. The price may vary if the quantities change.

4.5 All proportions and measurements are approximate values and although  we ensure that they are as precise as possible, we may not be held responsible for any discrepancies arising from inaccuracies

4.6 When you submit an order it is considered final when you tick to opt in. At the same time you are also positively accepting these T&Cs once you click the button “Place Order”.

4.7 An order or contract of sale is not completed by us until it is approved by us at the moment of dispatch of the product/s you ordered. The contract is completed upon payment.

4.8 No modifications of these T&Cs will be considered valid unless authorised in writing on or after the date hereof by the Company’s authorised representative.

4.9 All Products will be delivered across Malta and Gozo and delivery is free for all products.  Our delivery days are Monday to Friday between 09.00 to 15.00. Any delivery appointments if given, are only approximate and subject to conditions (such as but not limited to traffic, inclement weather and road conditions) prevailing at the time. If the order consists of both small and large products, these may be dispatched from different warehouses and therefore can come in separate deliveries. Delivery is provided to the front door of a property at ground level unless otherwise specified. However special requests are considered and we encourage you to contact our customer care for assistance. In case of deliveries to levels other than ground floor, charges for lifters or other raising apparatus may apply. In the case of making use of lifters, it will be your responsibility to make any necessary Local Council permits as may be necessary. You will also be paying directly the lifter charges as requested and agreed on.

4.10 Wit is also possible to make use of a pick-up service whereby the customer collects their order from the outlets in Birkirkara or Paola during normal business hours. However it is important that you inform us from which outlet you would like to pick up your order.

4.11 When orders are delivered, it is important that the delivery note is signed by you. The I.D. number of the recipient will be requested.

4.12 Full payments of the amounts due for your order must be made upon delivery, this includes price and tax/vat as applicable unless any other arrangements are made/ indicated in writing). No deductions / setoffs or part payment are permitted. Failure to accept your product for no valid reason (including undue cancellation just prior to the delivery being made) will be subject to an administrative fee including any undue cancellation . In cases of non-payment we may discontinue any agreement between us.

4.13 upon delivery the order must be checked at the moment of delivery so that any obvious breakages or dents are notified to the delivery person. Non inspection of the product at delivery automatically forfeits your rights to claim for delivery damages

4.14 There are times when the product specifications from the manufacturer vary. In such cases we will ensure that we offer you the best possible similar alternative for the product. We may experience difficulties with supplying certain products and thus we will supply you with a replacement of the same or improved alternative at the same price. If you are not satisfied with the substitute you are permitted to return it and cancel the sale.

4.15 The “Cooling off” period is 14 days starting from date of order registered on this website as long as the order is carried out online and/ or off premises. If you are not satisfied you are able to return the product as long as it is unused and is still in its original condition and packing. It is important to have your receipt with you upon returning the item and we will either exchange the product or give you a credit note which you can use on any other item. Returns are only accepted if the product is covered by warranty and is still packed properly, provided that you still have the accompanying documents as well as a detailed packing list. If the return item is damaged due to faulty packing or handling, this is under the responsibility of the buyer. A problem incurred in the installment of goods is not a good enough reason for a cancellation.

In the case of an unusual event where the product delivered has a defect or fault you are to inform us within the 14-day period from delivery. The cooling off period does not apply to:

1. Items purchased in-store.
2. Goods and services where the price depends on fluctuations in the financial market, and cannot be controlled by the trader.
3. Goods ordered specifically for the customer by special order or personalised in some other way.
4. Sealed goods which are not possible to return due to health protection or hygiene reasons, if unsealed after delivery.
5. Sealed audio or video recordings or computer software.
6. Goods that become assorted inseparably (as may be inherent in their nature) with other items after delivery.

4.16 All products have a manufacturer’s guarantee subject to agreement with the terms and conditions of use for every product.

4.17 in case you wish to repair goods or perform servicing of any nature you are requested to contact/ visit our services department at Maxi Quartz, Zabbar Road, Fgura, Malta. Tel no of Service Centre is T: 21 806 661 for any queries. You may be requested to pay inspection charges in case item is outside warranty. You may also be asked to handcarry ( or make other transport arrangements yourself) in case goods are below a certain size. Kindly ask the Service Centre in respect of these details

4.19 If the website is used on behalf of a legal entity including companies, partnerships and registered organisations, it is postulated that you are authorised to do so by that legal entity  and therefore these terms and conditions apply to both yourself and the legal entity . If at some point you no longer have the authorisation to represent the legal entity, you are obliged to inform us since otherwise the legal entity will remain subjected to these terms and conditions. The legal entity also needs to inform us of all the changes regarding the authorised  representative responsible for that legal entity. In this case, you, personally will remain responsible as the authorised representative for the legal entity until a new authorised representative has been appointed.

5. YOUR OBLIGATIONS

5.1 You are to affirm to these T&Cs consistently and inform us of any existing or potential nonconformities with these T&Cs which you are aware of.  We remind that the main purpose of this website is for obtaining general information and for making orders only. Any other use may construe misuse  and this is not acceptable.

5.2 Failure to abide by these T&Cs and exploitation of our system is also not acceptable. You must ensure that:

1.  You do not bypass the security system, interrupt the system and Website or seek to permit other individuals to engage in any of the foregoing.
2.  Responsibility for the computer and the system  and that it has the specifications necessary to work consistently with this Website rests with you.
3.  You must also ensure that you or any third party, do not make use of any automated program such as any bot, robot, spider, web-crawler or similar device so as to access our system or Website or to access links to any parts of this Website. If there is any effort into using an automated program this will be trated as abuse of our system and our Website.
4.  Unauthorised links to this website from an alternative Website are not acceptable.
5.  Inappropriate and offensive content may not be uploaded or used in any form of communication. This includes but is not limited to emails submitted on this Website.
6.  You may not breach our Intellectual Property Rights including those of third parties.
7.  You may not act, or omit to act with negative consequences in any way which will have a negative impact on our business such as hacking, delivery of spam email, sending viruses or denying service attacks.
8.  Any deceptive and dishonest information which can damage our reputation and goodwill should may not be mentioned, disseminated or in any other way circulated
9.  You must agree to furnish any information when you are requested to do so
10.  The Website must be used solely for reasons authorised in these terms and conditions.

6. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT.

6.1 It may be necessary to submit a complete registration form or to input some personal details and billing details in order to be able to have access to details from our Website and to submit an order.

6.2 When you are required to submit information you must do so in a clear, truthful and up-to-date way in order for the information to be authentic and complete.

6.3 If we authorise you to have access to any accounts which involve using a username, pin and password you must keep this information private and confidential and must take responsibility for any transactions and conduct carried out on the account provided. It is our responsibility to change the password and username at our judgement if we so deem it necessary. Any violation of these terms and conditions by a third party acting through your account misuse will be considered a violation by you.

6.4 Please be aware that phone calls may be recorded for services such as customer services or training.

6.5 You acknowledge that we may save and process information which may be related to you as may be necessary by law. Such information is crucial to comply with legal processes, to respond to claims from third parties regarding violating their rights and to safeguard the rights, property and safety of our Company.

7. BARRING

7.1 We have the right to block users from this Website and to limit or completely block the access of some or all the services on a temporary or permanent basis if deemed necessary. The user will be informed of the barring and the blocked user must not pursue to use this Website using another name or user.

8. DISCLAIMER OF WARRANTIES

8.1 Due to the nature of the Internet, although we seek to prevent any contaminated material from being downloaded from this Website, we do not guarantee that any material downloaded from the Website is clear of malware or viruses.

8.2 We also do not guarantee that your connection and functioning of this Website is constant and without problems. We are not accountable for any problems with processing your details due to circumstances which are not in our control including inaccessible parts of the Website.

8.3 We do not guarantee that any information on the Website abides by laws other than the Laws of Malta.

8.4 The Website is supplied as is and disregards any conditions, warranties and terms whatsoever. The Company is not liable for data erasure, faulty delivery or inability to store or back up any information or settings.

 

9. Limitation of Liability

9.1 We are not responsible for any unsuccessful processing due to software or internet problems which are beyond our control and we are not liable for any loss of password or any data transmission caused by power cuts, errors, breakdown caused by your computer system.

 

9.2 We seek to prevent automated programs from being used to access our system and this Website. Automated programs may not be used for these purposes and if you do so, you do it at your own risk. We are not responsible for any consequences stemming out of or in connection to your unauthorised use of automated programs.

 

9.3 We are not accountable for any loss endured due to your misuse of this website or of any information advertised on the website. We do not take responsibility to the fullest extent granted by law.

 

9.4 We are not accountable for any punitive or significant loss, damage and costs, both economic as well as to your reputation or goodwill.

 

9.5 Whenever you make use of any contact forms on this Website, any details and information will be processed by us and may be stored electronically internally. We seek to process personal details in accordance with the Data Protection legislation as per our privacy policy.

 

9.6 We have no duty to monitor your usage of the Website and keep track of any sessions you made on the website. By transferring information through the website you acknowledge the risk that such data may be intercepted by third parties. Moreover, any information that you send by email may not be protected therefore we suggest that you do not give in any confidential information by email. If you send confidential information by email you are acknowledging the risk that such data may be intercepted by third parties. We have the right to oversee, analyse, reserve and communicate any information as required; to the law, regulations, governmental request and legal processing.

 

9.7 All things considered, our combined accountability in contract tort or otherwise, for any loss or casualty will in any event be limited to a sum equivalent to the amount paid or payable by you for the product(s).

 

9.8 If you are a consumer this provision has no effect over your legal rights as a consumer and does not affect your legal contract cancellation rights.

 

10. PRECAUTIONARY RELIEF
11. Please note that any misuse of this Website or Content in a way that is contradictory with these Terms and Conditions, will cause prompt irreplaceable disservice to us and our related entities for which there is no competent assistance by law. Moreover, also acknowledge that we have the right to permanent injunctive relief from a court of adequate jurisdiction in the event of any violation carried out by you.

 

11. APPLICABLE LAW

11.1 These terms and conditions are ruled, analysed and interpreted by the Maltese law. You acknowledge that the courts of Malta will have restricted jurisdiction to resolve any conflict arising due to these terms and conditions. For those reasons, we abide by all disputes to the absolute jurisdiction of the Maltese courts. Considering however that we take all precautions in any form of jurisdiction.

 

11. NOTICES

12.1 All notice should be sent to us by email on info@soundmachine.com.mt or by post to Sound Machine CO LTD, Psaila Street, B’Kara BKR 9077, Malta. Any notices to you will be sent to the last known email address that you provided us with.

12.2 Any notices sent by email will be considered received on receipt. All notices sent by post will be considered received three working days after the date posted.

 

13. ADDITIONAL SOUND MACHINE TERMS

13.1 The contents on the Website may be altered, deferred or discontinued from time to time. Any of these changes or new information on the Website will be susceptible to these terms and conditions.

13.2 We have the right to delay or cancel the conduct if we are hindered from manufacturing, acquiring and conveying any products or services by the usual procedure, due to uncontrollable circumstances including strikes, accidents, war, fire, shortage of raw materials amongst others.

13.3 These terms and conditions are the entire agreement enclosed by you and us. You should acknowledge that you have not agreed to make part of this agreement due to any guarantee or delegation made by us.

13.4 If the court chooses to cease any part of these Terms, then only that specific section of these terms will not be applicable.

13.5 Any waiver by an individual of a violation of any provision, will not be considered a continuing waiver.

13.6 You have no right to authorise or assign any assistance, concern or obligations under these Terms, both under the affair of law, change of authority both in whole or in part unless you have our prior written consent. We have the authority to accredit these Terms and Conditions.

13.7 The association between us and you is independent and therefore neither party cannot be the agent of the other. In addition, neither party has the control to make a contract or obligation in the name of the other party unless there is that party’s prior consent in writing.

13.8 The data on this Website may be altered from time to time and you may be analysed to ensure that you are eligible to access the Website and obtain the data you require regarding Sound Machine and our products and services. You can clear our any queries associated with these Terms and Conditions by contacting us by email on info@soundmachine.com.mt

 

SOUND MACHINE PRIVACY POLICY

We understand that you care how information about you is being stored, used and shared, and we appreciate your trust in us that we will do so carefully and sensibly. This Privacy Notice explains how Sound Machine collects and processes your data through our Website, devices, services and products. By using Sound Machine Services you are approving of the practices explained in this privacy policy.

From Where Does Sound Machine Collect Personal Information About You?

We make use of various methods to gather personal data from and about you when you generate an account on our Website, submit an online purchase or sign up for our electronic communications. Your personal data may also be obtained from analytic providers and advertising networks.

What Personal Information About Customers Does Sound Machine Collect?

Personal Information:

Your Name & Surname.

 

Contact Information:

Your address, telephone/mobile number, email address.

 

Payment Data:

Transaction information when you submit a payment on our website.

 

Communication history with us including call recordings:

When you contact us we save the communications depending on your needs. This may involve a vast range of personal data.

 

 

IP address, device details and cookie data:

Whenever you make use of our Website certain information about your device is collected automatically. This includes your web browser, IP address, time zone and even cookies that are installed on your device. Moreover, as you use our site we gather data about the web pages and products that you view and which websites you use. In order to enable our systems to gather information about your browser or device in order to improve Sound Machine services we use “Cookies” as well as “Log Files”.

For more information regarding how to disable cookies please visit http://www.allaboutcookies.org.

 

For What Purposes Does Sound Machine Use Your Personal Information?

Your personal data is important in order to be able to perform the contract we have, such as orders placed using our Website. Therefore, if you do not provide us with the necessary personal data, we will not be able to  carry out the contract and we may have to cancel the product or service you wanted and we will notify you of the situation at that moment in time that we become aware. Your personal data will be retained for a necessary period in order to be able to fulfil the purposes outlined in this Privacy Policy or to fulfil our lawful obligations.

 

Please read carefully the following processes and which personal information is necessary for each process.

1. When purchasing a product from our website.

Personal Information (including address information), Contact Information and Payment Data is required on a legal basis in order to perform a contract, to track, process and ship your order.

2. When purchasing a product from our store.

Personal Information and Contact Information is required on a legal basis to inform you about any product recalls, defects or other information which is in your interest to know.

3. When protecting our interests and yours against fraud in connection to payments and associated with identity verification.

Personal Information and Payment Data in order to safeguard ourselves and our customers against fraudulent activity on a legal basis.

4. When giving requests, such as consumer rights and to address problems or complaints even after the end of our relationship.

All Personal Data Categories may be required on a legal basis in order to examine, answer and deal with potential customers, ex-customers or current customers.

5. When sending you service messages.

Your contact information is required on a legal basis to supply necessary service updates to customers.

6. When sending you information regarding our products and services.

Your contact information is necessary in agreement with Electronic Communications Regulations regarding your right to opt out.

7. To address and protect ourselves against any claims.

All Personal Data Categories may be required on a legal basis in order to be able to defend ourselves and our services.

8. To answer subject access requests.

All Personal Data Categories may be required on a legal basis in order to abide with our legal obligations.

9. When using our Website to enhance and improve our site.

IP address, device details and cookie data are required on a legal basis to optimise our online services and website and to help us screen any possible risk or fraud.

Your personal information is shared with third parties that facilitate us to provide you with our top services.

What Rights Does the Customer Have?

The Right to Request Access.

You have the right to ask for access to your personal data. This allows you to achieve a copy of the personal information we have about you and to confirm that we are lawfully processing it.

The Right to Request Correction.

If your personal information is not accurate or incorrect, you have every right to request a correction of your personal data. This may however need to be verified from our side.

The Right to Request Erasure

If you think that your data is of no use to us, you may ask to delete or remove your personal information. In addition, if you think that we have processed your personal information in an unlawful manner you may ask to remove your personal information. However please note that in cases of specific legal reasons we may not be able to comply with your request and erase your personal data. If this is the case we will notify you, if applicable, at the time or request.

The Right to Object To Processing

If there is certain personal information about your current situation which makes you want to object to processing your personal information due to any limitations which may be imposed on your fundamental rights and freedom, you have every right to do so. You may also object to processing your personal data for direct marketing purposes. In some cases, we may indicate that we have constraining legitimate grounds to process your data which override your rights and freedoms.

The Right to Request Restriction Of Processing

You have the right to suspend any processing of your personal data if you would like to confirm the data’s accuracy.

The Right to Request Transfer Of Your Personal Data.

If you would like your personal data to be transferred to a third party in an organised, machine-readable format, you can do so and we will give you or the third party you have chosen your personal information.

The Right to Withdraw Consent At Any Time.

When we require your consent to process your personal information you may withdraw your consent and this will not affect the lawfulness of any handling performed prior to your withdrawal. However if you withdraw your consent, certain services and products will not be provided to you. We will inform you about such situations upon your withdrawal.

You also have the right to complain to the Information and Data Protection Commissioner (IDPC).

14. MARKETING MESSAGES

It is likely that we inform you about products and services which may interest you since we would like to keep you updated and keep you informed about the product or service which you may have shown interest in.

However, if you do not find these marketing messages helpful you are able to stop receiving them at any time by carrying out the following procedure.

How to stop marketing messages from us:

By clicking on the ‘unsubscribe’ link in any email we sent you.

Upon doing this, we will update your status to ensure that you stop receiving further marketing messages. Please take note that, it might take a couple of days for all our systems to be updated, therefore you might get marketing messages from us while we are processing your request.

If you request to cease marketing messages this will not refrain service communications from being sent. Since we may need to contact you as part of our services from our contract.

Updates. We may offer automatic or manual updates to the Privacy Policy at any time for functional, legal and administrative purposes.

Our Website is not intended for individuals under the age of 18.

CONTACT US

For additional data regarding our privacy practices, if you have any queries, or if you would like to make a complaint, don’t hesitate to contact us by e‑mail at info@soundmachine.com.mt or by phoning us on (+356) 21497111 EXT 101 (during normal office hours).

If You wish to repair any goods related to the brands and or services represented by us please visit our services department at Maxi Quartz, Zabbar Road, Fgura, Malta.

If You have any formal complaints these should be addressed in writing to Sound Machine, Paola Square, Paola, PLA 1263 Malta.