Terms and Conditions

Last Updated on 7 . 12 . 2018

DEFINITIONS

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.

        A. PRELIMINARY

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

By using the Site, You confirm Your agreement to these Terms and Conditions which shall be read in conjunction with Our Privacy Policy, Our Cookie Policy and Our Copyright Notice.

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.

By purchasing goods from this Site, you agree to these Terms and Conditions (and in particular, to the General Conditions for Sale including in section D below) as well as to Our Privacy Policy, Our Cookie Policy and Our Copyright Notice. These terms do not replace or affect Your statutory rights.

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]: info@soundmachine.com.mt 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.

1. Acceptance of the General Conditions of Sale and Closing
   1. By agreeing to these Terms and Conditions You understand that the specification, description, and price of the goods displayed on the Site are subject to change.
   2. Your ordering of goods from the Site constitutes an offer to buy such goods at the price displayed on the Site at that particular time, in conformity with the specification and description contained in the relevant product information sheet. It remains, in any case, understood that, since the images included in the product information sheet are provided for information purposes only and may not be representative of all the specifications of the product, colours and sizes may differ on account of the differences in screens and systems used by customers for accessing the Site.
   3. Before placing an order on the order form presented on the Site You shall ensure, by reading the information displayed on the screen, that no input errors are present. An effective method of detecting input errors is by using the enlargement function offered by Your browser of choice. You may correct all the data inputted into the order form up until the time that You click the button finalising the order.
   4. After placing an order through the Site, a message acknowledging that We have received Your request to place an order will be displayed. The message will contain the Terms and Conditions and any other required information prior to making the purchase (the products’ main characteristics, detailed information on the price, terms of payment, return policy and shipping costs) to enable You to double check such information and, if necessary, immediately report incorrect data, if any. This acknowledgement does not constitute a contract of sale, but merely an indication that Your offer (to place an order) has been received by Us and is being processed.
   5. All orders are subject to availability and acceptance by Us. Whenever We are not able to accept Your order, such as whenever the item requested is out of stock, Sound Machine reserves the right to cancel any online order made by You. In such cases Sound Machine shall inform You of the above by email and offer alternative items of a similar specification and description at the price indicated in the same email, also stating the period for which such offer at the price shall remain valid.
   6. The agreement executed (entirely by way of electronic communications) between You (hereinafter also referred to as the “Purchaser”) and Sound Machine (hereinafter also the “Seller”) shall be deemed binding upon acceptance of the order, including partial acceptance, by Sound Machine. If the order is not accepted by Sound Machine, Sound Machine shall immediately inform the Purchaser thereof.
   7. By placing an order in accordance with the envisaged modalities, and with the order form made available on the Site (hereinafter, the “Order“), the Purchaser declares that he/she has read and understood all of the indications given during the purchase procedure, and that he/she accepts, in full, these General Conditions of Sale and the other Terms of Conditions (hereinafter, the “Conditions“).
   8. These Conditions may be printed or stored on permanent storage devices, in accordance with the applicable legislation currently in force. By placing an Order with Us and/or otherwise using any of Our services, You hereby agree that any document We may need to send You (for example, any Order acceptance by Us) should be readily accessible by You so as to be useable for subsequent reference and that therefore, We may send You any such document in electronic form.
   9. The exclusive language used on the Site, and hence the language in which the Order must be made is the English language.
2. Price and Terms of Payment
   1. The prices indicated on the Site are inclusive of taxes and VAT, when applicable. Please refer to Clause 3 for information regarding delivery costs or fees.
   2. Payment of the product prices and relevant costs for delivery (and shipping, if any) must be made by using one of the procedures indicated on the order form such as Credit or Debit Card or other specific payment procedures as indicated within the Site on a case-by-case basis. Under no circumstance will costs that are higher than those effectively incurred by the Seller be charged, in relation to Your previously selected payment method except for certain costs or fees which are specifically listed in these Conditions.
   3. In case of payment by Credit/Debit Card, all details (for example, card number or expiration date) will be sent by encrypted protocol to selected banks or similar financial institutions which provide remote electronic payment services, without third parties having any access thereto whatsoever. Such details will not be used by Us except for performing the procedure relevant to Your purchase or issuing refunds in the case of returns in compliance with the exercise of Your return right or for reporting cases of fraud to the police.
   4. Under no circumstances and at no stage of the payment process, the details of the credit card of the Purchaser will be disclosed to Sound Machine because such details will be directly sent, in a secure manner, to the website of the financial institution in charge of the transaction. Since no such data will be stored in Sound Machine’s systems, Sound Machine will not be liable for fraudulent and unlawful uses, if any, made by third parties of the Purchaser’s credit card during the payment procedure.
   5. The price for the purchase of products and the corresponding costs for delivery (and shipping, if any), as indicated in the order form or as otherwise indicated on the Site, will be charged to Your current account only when the purchased products are actually shipped. In case of cash payment, the price will be paid at the delivery. In case of pre-orders, please see the specific procedure as may be communicated to You at the appropriate juncture.
3. Delivery of the Products and Relevant Expenses
   1. Unless stated otherwise on the Site, the price of goods does not include costs relating to delivery of such goods to Yourself.
   2. Sound Machine, its suppliers and/or carriers shall deliver the products purchased by the Purchaser at the address indicated by the latter in the Order, at the cost specifically indicated on the Site at the time the Order is confirmed.
   3. By purchasing from the Site You acknowledge that an additional charge of thirty-five Euro (€35) for lifter/carrier services and of ten Euro (€10) for local permits may apply to appliances which are to be delivered to or installed in any room or apartment which is located on the second floor (or above) of the relevant property at the address indicated for delivery in the order form.
   4. Sound Machine offers free basic installation services upon delivery of all televisions. It is however acknowledged by yourself that all televisions are installed and set up as basic and that an additional charge of forty five Euro (€45) shall be applied if Sound Machine is instructed to install and fix the television on to the wall.
   5. Basic installation requires – Set up of TV base stand, & Wi-Fi Set-up. For More Services to be installed separately to the TV and additional charge per hour is applicable ( Minimum Charge of €20 applies)
   6. The risk pertaining to such goods shall pass to you once delivery has taken place.
   7. The delivery times indicated by Sound Machine are purely indicative. Estimated time of delivery shall range from 09:00 to 15:30 Monday to Friday. Depending on amount of deliveries.
   8. Any damage or loss detected in the packaging and/or the product, and any discrepancy found in the number of items shall be reported to Sound Machine, its suppliers and/or carriers immediately.
4. Cancellations and Returns
   1. You are entitled to withdraw from the purchase agreement for any reason, without penalty and without the need to give any explanation, within fourteen (14) days from the date of delivery of the products.
   2. You may exercise the right of withdrawal set forth above in any of the following ways:
      1. By filling in any specific form made available by Us; OR
      2. By notice in writing delivered to Our address (indicated above); OR
      3. By electronic mail to Our electronic mail address (info@soundmachine.com.mt); OR
      4. By making any other unequivocal statement setting out Your decision to withdraw from the purchase agreement.
   3. In the event of withdrawal:
      1. Goods must be returned by You to Our address provided above;
      2. Goods must be returned to Us in a complete manner (please refer to Clause 4.4);
      3. Purchaser is responsible for the cost of returning the goods at Our address;
      4. You have a duty to take reasonable care of the goods until such time as the goods are returned to Us in conformity with Clause 4.4;
      5. Any sum originally paid by You in relation to the Order shall be reimbursed by Us as long as the above conditions of return are complied with;
   4. The product must be given back along with the original packaging (including the packaging materials and the documents, if any, accessories, labels, identification tags, seals, etc.) and it is to be carefully stored and used only for the time strictly necessary to verify its nature, specifications and size, and must show no signs of wear or dirt, as indicated below:
      1. The transit of the product/s, until the Purchaser receives confirmation that the product has been properly returned and delivered to Sound Machine, shall be at the Purchaser’s exclusive responsibility. Therefore, if the product has been damaged during transit, Sound Machine shall inform Purchaser thereof in order to enable the latter to promptly send the relevant complaint to the courier and claim a refund; the product will be made available to Purchaser and the withdrawal notice will be cancelled;
      2. Sound Machine accepts no responsibility for products damaged, stolen or lost while in transit, or, in any case, in relation to their shipping, whenever shipping back to Sound Machine
      3. You are liable at law for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
   5. In case of cash on delivery payment, the amount initially paid will be refunded by a bank transfer on the bank details indicated by the Purchaser. In any case, no amount shall be charged to Purchaser in relation to the refund.
   6. Once the products are received, Sound Machine will check them in order to verify that they are consistent with the terms and conditions set forth in this clause and, should the results of such verification be negative, it shall inform Purchaser by email that the value of the returned products is reduced due to the Purchaser’s failure to comply with the conditions mentioned above. By the same mail, Sound Machine shall also notify the amount that it will deduct from the amount to be refunded, unless the Purchaser elects to have, at its own expense, the products sent back to him/her in the same conditions in which they were returned to Sound Machine.
   7. In the event that the right of withdrawal is forfeited, Sound Machine shall send back to Purchaser the purchased product, charging the latter with the relevant shipping costs and, if already refunded, the price of the product.
5. Promotions and Competitions
   1. All competitions and promotions online, including any discount, premium or gift, are subject to removal without notice.
   2. All promotions are on a “While Stocks Last” basis.
   3. No purchase is guaranteed until the order is delivered.
6. Warranties
   1. We guarantee conformity of the goods with the description and specification of the product.
   2. All products sold by Sound Machine will be covered by a guarantee which shall accompany the goods purchased by the Purchaser as provided by the law, and which will set the terms of such guarantee (including the period of the warranty). To benefit from the guarantee, Purchaser must keep the relevant invoice or receipt of payment.
   3. The warranty for lack of conformity will be applicable only if the product has been used correctly, in compliance with its intended purpose and in accordance with the usage instructions contained in and/or furnished with the product.

        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’).

        F. INDEMNITY

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:

• • 1. Strikes, lock-outs or other industrial action;
    2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
    3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
    4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
    5. Impossibility of the use of public or private telecommunications networks;
    6. The acts, decrees, legislation, regulations or restrictions of any government.

        H. WAIVER

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.

        I. PRIVACY

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.

For more information on how We process Your personal data please read Our Privacy Policy and Our Cookie Policy.

        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: 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 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