Last Updated on 7 . 12 . 2018
We/Us/Our/Sound Machine means Sound Machine Company Limited (C 12933), a limited liability company having its registered office at Sound Machine, Paola Square, Paola, PLA 1263 Paola, Malta and holding VAT Number _MT 1007-3436.
You/Your/Yourself means the User of the Site (as defined below) and/or customer of any of Our services.
These terms and conditions relate to Your use of the information and/or features provided by Sound Machine on the website appearing on the domain name https://www.soundmachine.com.mt/ (“the Site”) including any request of Yours relating in any manner whatsoever to any of Our services as well as the conditions of sale relating to any goods You shop for on Our Site www.soundmachine.com.mt
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting Our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in Our system’s capabilities or for any other reason in Our sole discretion which We may decide. We will use Our reasonable efforts to alert You to any material change(s) to these Terms and Conditions.
You will be subject to the policies and Terms and Conditions in force at the time that You order goods from Us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if We notify you of the change to those policies or these Terms and Conditions before We deliver the goods to You (in which case We have the right to assume that You have accepted the change to the Terms and Conditions, unless You notify Us to the contrary within seven working days of receipt by You of the goods).
Although We have done Our utmost to ensure the accuracy, timeliness and completeness of all information on the Site, no person should act or refrain from acting on the basis of any matter contained in the Site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue.
For any information regarding the Site, purchase orders, Our data protection policies/practices, deliveries and, more generally, purchases, please do not hesitate to contact Sound Machine customer care at the following link [LINK]: firstname.lastname@example.org or by phoning on (+35621497111) during normal office hours.
B. SITE DISCLAIMER
SOUND MACHINE IS PROVIDING THE SITE ON AN “AS IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE OR ITS CONTENTS AND DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES EXCEPT THOSE THAT YOU MAY BE EXPRESSLY ENTITLED TO BY LAW. IN ADDITION, SOUND MACHINE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR SUITABILITY FOR ANY PURPOSE OF THE INFORMATION AND RELATED GRAPHICS PUBLISHED ON THE SITE. THE INFORMATION CONTAINED ON THE SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. ALL LIABILITY OF SOUND MACHINE HOWSOEVER ARISING FOR ANY SUCH INACCURACIES OR TYPOGRAPHICAL ERRORS IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
C. ELECTRONIC COMMUNICATIONS
Applicable laws require that some of the information or communications We send to You should be in writing. When using this Site, You accept that communication with Us will be mainly electronic. We will contact You by e-mail or provide You with information by posting notices on Our Site. You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that We provide to You electronically comply with any legal requirement that such communications be in writing. This condition does not affect Your statutory rights.
D. GENERAL CONDITIONS OF SALE
These general conditions of sale govern the sale of goods by Us to You via the Site.
Kindly read these general conditions of sale before placing any purchase orders with Us via the Site. By placing such orders and/or otherwise using any of Our services as offered via the Site, You signify Your agreement to be bound by these terms and conditions.
PLEASE NOTE THAT IF YOU ARE NOT A ‘CONSUMER’ AS UNDERSTOOD BY APPLICABLE LAW (FOR EXAMPLE, IF YOU TRANSACT WITH US FOR PURPOSES RELATING TO YOUR TRADE, BUSINESS, CRAFT OR PROFESSION) OR IF YOU OTHERWISE ACT IN VIOLATION OF ANY OF OUR POLICIES, WE RESERVE THE RIGHT NOT TO PROCESS ANY OF YOUR ORDERS. FOR MORE INFORMATION, PLEASE CONTACT US BY USING THE DETAILS BELOW.
E. LIABILITY AND DISCLAIMER
We are fully committed to providing you with the best possible service and delivering to You the purchased goods (if any) within the indicated time frames and in the best possible condition. In this regard, to the fullest extent permitted at law and except in respect of death and personal injury caused by negligence on Our part or on the part of Our employees We shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty condition or other term or any duty at law or under express terms of the contract for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by negligence on Our part or the part of Our employees or agents or otherwise) which arise from or in connection with the use of the Site, the supply of goods or their use or resale by You, and Our entire liability under or in connection with the contract and/or use of this Site shall not exceed the price of the goods as purchased by You (if any), except expressly provided in these conditions.
Nothing in these Terms and Conditions shall restrict any mandatory statutory rights You may enjoy under any applicable law (for example, should You be considered as a ‘consumer’).
You agree to indemnify, defend and hold harmless Sound Machine, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, Your breach of these Terms and Conditions, Your infringement of any intellectual property rights or any other right of any person or entity, or Your breach of any duty of confidence or privacy, or any defamatory statements made by You in any form.
G. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any service which is exclusively provided by the Site and which is caused by events outside Our reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Our reasonable control and includes in particular (without limitation) the following:
If We fail, at any time during the term of any contract, to insist upon strict performance of any of Your obligations under the said contract or any of these Terms and Conditions, or if We fail to exercise any of the rights or remedies to which We are entitled under any such contract, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations.
A waiver by Us of any default shall not constitute a waiver of any subsequent default.
No waiver by Us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing in accordance with Clause C above.
We undertake to process Your personal data in line with the provisions of the EU General Data Protection Regulation (the ‘GDPR’), the Maltese Data Protection Act (Chapter 586 of the Laws of Malta) including any applicable subsidiary legislation as may, from time to time, be amended.
K. APPLICABLE LAW AND JURISDICTION
The contract of sale under these Conditions (if any) and its performance are governed by Maltese Law. Any dispute that may arise out of or in relation to the said contract shall be submitted to the competent court of the place where the Purchaser resides.
If any of these Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
L. AFTER-SALE SERVICE
Questions, comments or requests regarding these Terms and Conditions or our goods and/or services should be addressed to: email@example.com or by phoning us on (+356) 21497111 EXT 101 (during normal office hours).
If You wish to repair any goods related to Our services 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