Terms & Conditions
These are the general terms and conditions governing your access and use of the content and services offered to you on this internet site and constitute an agreement between you and Sound Machine Company Limited. If you are in any doubt about your statutory rights you may wish to consult for legal assistance or refer to the consumer affairs department.
Sound Machine Company Limited is the owner and operator of www.soundmachine.com.mt
|Sound Machine Company Ltd||We or Us|
|Customer||You or Your|
|Consumer||Any person who buys goods from us for purposes which are outside his / her trade, business or profession|
|Goods||The products sold by us to you including packaging, manuals and any other ancillary components or documents|
|Conditions||Means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by us|
|Our VAT Number||MT 1007 – 3436|
|Our Company Registration Number||C12933|
|Our Trading Licence Number||45/162|
|Our Telephone Number||00356 2149 7111|
Sound Machine Company Ltd. is a company which is registered in Malta and holds company registration number C12933 with registered address at Sound Machine Company Limited, ‘Sound Machine’, Paola Square, Paola, PLA 1263, Malta.
By using, viewing, transmitting, caching, storing and/or otherwise utilising this website, the services or functions offered herein and/or contents or information on this website, you agree to each and all of the terms and conditions set out herein, and waive any right to claim ambiguity or error in this Agreement. Should you not agree to each and every term and condition set out herein, you are asked not to use this website and to leave immediately.
By using the services, you warrant to Sound Machine Limited that you have the age and legal capacity to enter into these Terms and Conditions with us.
1. The Agreement to purchase goods
i. The goods listed on the website are such that the specification, description and price of individual goods, can change.
ii. The invitation to you to order goods from us is not an offer by us to sell to you goods of the specification and description at the price indicated.
iii. Your order is an offer to us to buy the goods of the specification and description at the price indicated.
iv. Wherever possible we 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.
v. 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.
vi. You may accept our offer by e-mail within the period stated therein and in which case there will be a concluded agreement between us.
vii. The language used in the contract to purchase our goods is English.
2. Delivery of the goods
i. Unless otherwise stated, the price of the goods does not include delivery by us to you. Therefore, the general rule is that all prices indicated on the website are exclusive of any applicable delivery charges.
ii. The costs of carriage and any insurance which you direct us to incur shall be reimbursed by you and shall be due on the date for payment of the price.
iii. 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.
iv. It is also possible to make use of our ‘order and collect in-store’ pick-up service whereby you may collect your goods from our Birkirkara store.
v. 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.
vi. 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 may be delivered in separate deliveries.
vii. Upon delivery, the goods ordered 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.
viii. Delivery is restricted to the front door at ground floor level only.
ix. If you require goods to be delivered to upper floors, a lifter and/or other raising apparatus shall be required at an additional cost to be borne exclusively by you.
x. The price of the goods does not include the charge attributed to the use of the lifter and/or other raising apparatus.
xi. If the lifter service is required, it is your responsibility to make the necessary arrangements with your Local Council for the issuance of any relevant and applicable permit/s.
xii. If the lifter service is required, the estimated delivery time might be affected due to the need to attain the respective permit/s and to schedule a lifter.
xiii. Delivery may be affected by Sound Machine Company Limited and/or third-party companies and/or personnel engaged by us for the purpose of affecting the delivery of the respective goods to you. It is wholly within the discretion of Sound Machine Company Limited to determine the manner by which delivery is to be affected.
xiv. Delivery costs are based on shipper’s rates, and are subject to change. All delivery costs, if any, are calculated at checkout.
xv. Other charges may apply for urgent orders and for weights exceeding twenty-five (25) kilograms (kgs). The same or next day delivery service excludes weekends (Saturday & Sunday) and public holidays.
xvi. The same day delivery option, where applicable, is not available for deliveries in Gozo.
xvii. The same day delivery option is not available for deliveries of home appliances weighing more than twenty-five (25) kilograms (kgs) in Malta and Gozo.
xviii. When orders are placed from Monday to Friday outside of our working hours, or during our working hours but after 16:00 for the same day delivery option and 16:00 for the next day delivery option:
- Where the same day delivery service is purchased – delivery will be affected on the following working day from the date of your order.
- Where the next day delivery service is purchased – delivery will be affected on the second working day following the date of your order.
xix. The respective time periods for the same day delivery option, next day delivery option, and standard delivery service shall start running from the first working day following the lapse of the public holiday/s, weekend, or shut-down period, as the case may be.
xx. We will try to deliver the goods to you within the time estimated for delivery. If we are unable to do so, we reserve the right to deliver your order within three (3) working days beginning with the day after the day of the agreement between us. We shall inform you by e-mail if delivery within three (3) working days is not possible.
xxi. Should you have purchased goods with same day or next day delivery and delivery is not possible within the time period established in accordance with the delivery service you purchased, we will reimburse any sum paid by you or on your behalf under or in relation to the agreement within a period of thirty (30) days from confirmation that delivery is not possible. This is subject to the following conditions:
- The amount to be reimbursed to you by us shall correspond to the amount you paid solely in respect of the delivery service purchased, and the amount to be reimbursed shall in no case exceed the amount you paid in respect of the delivery service.
- You shall only be entitled to a reimbursement in respect of the amount you paid for the same or next day delivery service where delivery within the respective time period is not possible due to a fault of whatever nature on the part of Sound Machine Company Limited.
- You shall not be entitled to a reimbursement in respect of the amount you paid for the same or next day delivery service where delivery within the respective time period is not possible due to a fault of whatever nature on your part.
xxii. The above only applies to the delivery of the respective goods ordered. If the goods ordered require installation, the installation date will not necessarily coincide with the delivery date, regardless of whether the installation is provided free of charge or at an additional charge.
xxiii. The costs and/or charges in respect of the installation of goods purchased are included in the price, unless expressly excluded in the list established forthwith hereunder:
- The installation of air conditioning units and climate solutions, or
- Television wall-mounting services, or
- Any additional and/or ancillary costs incurred in the process of installing the respective goods as necessitated due to the nature of the premises where the goods are being installed or the location within the said premises where the goods are being installed, and/or as requested by yourself for whatever reason, as the case may be.
xxiv. Sound Machine Limited only delivers to Malta and Gozo.
xxv. By placing your order with us, you are authorising us to accept a signature from another person on your behalf at your delivery address if you are not present at the time of delivery.
3. Payment and Price
i. We shall not be bound to deliver the goods until they have been paid for in full by you. Any online purchases on this website shall be charged at the price advertised on this website at the date the order is placed. All prices shown on the website are indicated in Euro and are inclusive of value added tax (VAT). Payment shall be due when the purchase is made.
ii. While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
iii. The price (unless otherwise expressly stated) shall be inclusive of value added tax (VAT) which shall be due at the rate ruling on the date of our invoice. Where the price is 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 (VAT).
iv. All online purchases shall only be accepted against payment by credit/debit card, Paypal or APCO Pay.
v. Your card details are received and processed directly by our payment gateways. Sound Machine Limited does not at any point handle the card information.
vi. You undertake and agree to provide correct details to Sound Machine Ltd. for the purpose of ordering or purchasing goods from this website. You also undertake that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered. It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law.
vii. The agreement between us shall be concluded as soon as you have received our electronic acknowledgment, hereby referred to as a confirmatory email, of your order.
viii. 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.
4. Your right of cancellation
i. You have the right to cancel your order at any time prior to your order being processed by clicking on the ‘cancel’ link next to the product ordered on the website. We can also accept cancellations by phoning 2149 7111 during office hours, which hours may change from time to time, or via email on email@example.com .
ii. You have a right to cancel the agreement at any time before the expiry of a period of fourteen (14) days from the day after the day on which you receive the goods. You confirm that you will be liable for any applicable bank charges when cancelling your order.
iii. You may cancel the purchase;
- by sending the notice of cancellation by email to firstname.lastname@example.org . In doing so please make sure that you include your full name and surname, address and order reference number; or
- if you have already received the goods, by returning them to any premises operated by Sound Machine Ltd unopened, unused, sealed in their original packaging as provided by the manufacturer and with their original corresponding invoice. We will refund you the purchase price of the goods (less any applicable bank charges and delivery charges, as may be applicable).
iv. Where applicable, the notice shall operate to cancel the agreement between us, saving the conditions established under these Terms and Conditions.
v. If your order has not been dispatched we will cancel the order and we will refund you your payment. If your order has been dispatched to you and we are unable to stop the delivery, you can refuse to sign for the delivery so that your order is returned to us and we will refund your payment (the amount to be refunded excludes any applicable delivery charges and bank charges, as the case may be). If you exercise your right to return the good/s after they have been delivered to you, you can either arrange to return the goods to us at your own cost or we can arrange re-collection of the order for a fee. This charge would be deducted from your refund. In any case that you have chosen to return the good/s to us yourself, you are to return the good/s within fourteen (14) days.
vi. The ‘cooling off’ period is fourteen (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 unopened, unused, and sealed in their original packaging as provided by the manufacturer. It is important to have your original and corresponding receipt with you upon returning the item. We will either exchange the product, give you a credit note which you can use on any other item, or refund your payment in respect of the goods purchased, provided that any delivery fees charged for the delivery of the goods returned shall not be refunded as part of the ‘refund’ or ‘credit note’. A problem incurred in the installation of goods shall not constitute a good enough reason for a cancellation.
vii. The cooling-off period shall not apply to:
- Items purchased in store.
- Goods and services where the price depends on fluctuations in the financial market, and cannot be controlled by the trader.
- Goods ordered specifically for the customer by special order or personalised in some other way.
- Sealed goods which were unsealed by consumers and possibly used are not suitable for return due to health protection or hygiene reasons; this includes but is not limited to headphones, smartphones, vacuum/robot cleaners, personal hygiene products, or any products for food processing or containing any air filtration products.
- Computer software.
- Goods that become assorted inseparably (as may be inherent in their nature) with other items after delivery and/or installation.
- Goods which have been configured, through customisation or otherwise, following a request by you.
- Goods which despite being in their sealed original packaging, bear damage, of whatever nature, to their packaging.
viii. You have a duty of care to ensure that items are not damaged whilst in your possession. All items must be returned to us in the same pristine condition they were in on delivery and you shall be liable for any diminished value of the goods.
ix. In any case, we reserve the right to withhold all or part of your refund if items are returned damaged or used.
x. Sound Machine Ltd reserves the right to refuse a cancellation and/or refund order for any reason it deems fit.
xi. You also acknowledge that we will charge you the direct costs incurred by Sound Machine Ltd. to recover any goods supplied by us if you fail to return the goods.
5. Our right of cancellation
i. If for any reason beyond our reasonable control, and/or pricing errors, and/or an inability or failure on the part of the manufacturers or suppliers of the goods to supply the goods to us, and/or Sound Machine Ltd being unable to supply the goods ordered in situations where the respective goods become sold out in our stock management system despite still showing as being in stock and available for order on our website, 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 to the agreement. We shall not be liable for any other loss or damage of whatever nature arising from such cancellation.
ii. Your right of cancellation is in addition to your other statutory rights according to Maltese Law.
6. Faulty goods
i. In the unlikely event that you receive goods which were not what you ordered we shall make good for any shortage, non-delivery, or replacement.
ii. If you inform us that your product is damaged or defective, or is of a different quality to that stated on your order form and we accept this, we can arrange for a replacement or for the item to be repaired at no extra cost to you. It is up to us to decide whether to repair or replace the item. In the case that the item cannot be repaired or replaced, we will provide you with a full refund.
iii. Failure to show that you have purchased the item from us will result in the refusal of exchange or in the repair becoming chargeable.
iv. We will be able to replace an item depending on our stock and the repair time may vary. We will not accept any claims for losses you suffer during this time or any other incidental or consequential damages you may suffer as a result.
7. Guarantees and after sales service
i. We guarantee that the goods will correspond with the stated description and specification.
ii. 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, including TV/TFT dead pixel policy.
iii. This warranty does not limit or affect the Legal Warranty or any other legal statutory rights.
iv. The warranty period starts from the date you purchase the product with a valid invoice and as indicated on the invoice. In relation to home appliances purchased by customers intending to start making use of their appliances at a future date, the warranty will commence to run from the date on which our installers connect the respective appliances.
v. All Warranties will be valid only on presentation of this Agreement, Invoice/Cash-sale and Fiscal Receipt together with manuals, software and any other items including the original packaging.
vi. All products have to be inspected by the authorised service department in respect of the brand corresponding with the good/s purchased, within a timeframe before repair or replacement is affected. You will be requested to pay inspection charges in case the item is outside warranty. You may also be asked to hand carry (or make other transport arrangements yourself) in case goods are below a certain size. Kindly ask the respective service centre in respect of those details.
vii. We may repair or replace products and parts under warranty with comparable products and parts that comply with local standard and with the manufacturer’s terms and conditions.
viii. We are always prepared to offer advice about the goods including advice about installation, compatibility, configuration, and product upgrades.
ix. We know the general purpose for which you require our goods and we will take reasonable care when giving you any advice.
x. It is your responsibility to back-up the contents of your hard drive before sending the respective device in for service purpose. It is likely that the contents of your hard drive will be lost or reformatted in the course of repair and we will not be responsible for any damage or loss of any programs, data or other information stored on any media or any part of the product serviced hereunder or damage or loss arising from the product not being available for use before or during or after the period of service provided or any consequential damage resulting there from.
xi. Any software supplied with the product, including the operating system, is provided, “as is”. Sound Machine Company Ltd. does not warrant that the operation of any software supplied with your product will be uninterrupted and error-free, or that such software will meet your requirements.
xii. Your product will be returned to you configured as originally purchased.
xiii. Please make sure you have removed all third-party hardware, software, features, parts, options, alterations, and attachments not warranted from Sound Machine Company Ltd and/or its suppliers and/or respective manufacturers. Sound Machine Company Ltd is not responsible for any loss or damage to these items.
xiv. This limited warranty does not cover the following: any third party accessories; cosmetic damages; damage or loss to any software programs, data, or removable; or damage due to (1) natural disaster, accident, misuse, normal wear & tear, abuse, negligence, commercial use or modifications to the product; (2) improper operation or maintenance ; (3) connection to improper voltage supply or electrical power surge; (4) attempted to repair by any party other than at the authorised service centre corresponding to the brand/manufacturer of the goods purchased; (5) use of components which is not approved by Sound Machine Company Ltd. (6) use of pirated software.
xv. This warranty is invalid if the serial number has been altered or removed from the product.
xvi. Sound Machine Company Ltd. will not be responsible nor guarantee compatibility with other parts or peripherals.
xvii. Repair or replacement under the terms of this warranty does not give right to a new starting of the warranty.
xviii. Any replacement product may be either new or like new, provided that it has functionality at least equal to the product being replaced.
xix. Sound Machine Company Ltd and/or authorised service centres will claim all ownership of defective components. Sound Machine Company Ltd and/or authorised service centres may use various vendors’ components for the repair of the product as required.
xx. Goods are not sold on a trial basis.
xxi. Goods may be supplied in cosmetically different packaging.
xxii. All trademarks & logos acknowledged.
xxiii. All goods remain property of Sound Machine Company Ltd. until paid in full.
xxiv. In the event that we are unable to resolve a complaint with Sound Machine Company Ltd. directly, you have the right to refer the dispute to the EU’s Online Dispute Resolution Platform at http://ec.europa.eu/consumers/odr/ or to the Malta Competition and Consumer Affairs Authority.
8. Limitations Of Liability
i. Without prejudice to the foregoing, we endeavour to ensure that all the information we provide on this website is correct. However, we do not accept liability for any errors and omissions and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services.
ii. Sound Machine Ltd. is providing this website and its contents on an ‘as is’ basis and makes no representations and/or warranties of any kind, express or implied, with respect to this website or the information, content, materials or products included herein. Sound Machine Ltd. does not represent or warrant that the information accessible via this website is accurate, complete or current.
iii. We reserve the right to make changes to the material, detail or to the products and services and prices described in it at any time and without any notice. We reserve the right to modify and/or discontinue (temporarily or permanently) the products and services from time to time, for any reason, and without notice, including the right to terminate any of the products and services. In any such case, we shall not be held liable for any such modification, discontinuance or termination.
iv. The company does not guarantee that the good/s be fit for any particular purpose. To the extent of local law, in no event shall Sound Machine Company Ltd. be liable for impossibility to use the good/s, direct, indirect, special, incidental or consequential loss or damage to any person or property. The entire compensation responsibility assumed by the company for the good/s shall not exceed the price paid to purchase the good/s in terms of each event or related incidents. Sound Machine Ltd. does not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the website or for any good/s and/or services purchased from Sound Machine Ltd.
v. Sound Machine Ltd. shall not be held liable for any delay in the delivery of the products purchased by you in instances when such delay is a direct or indirect result of any event outside our reasonable control, including but not limited to acts of God, war, fire, flood, strikes, labour disputes, supply and manufacturing shortages, shipping delays, riots, lock-outs, civil unrest, malicious damage, explosion, fire, governmental actions and any other similar events.
9. Advice given by us to you
i. We are always prepared to offer advice about the goods including advice about installation, compatibility, configuration, and product upgrades.
ii. We know the general purpose for which you require our goods and we will take reasonable care when giving you any advice.
iii. Without knowing the particular application for which you require our goods and the exact specification and configuration of any existing system into which you intend to install our goods, we cannot and do not warrant the suitability of any of our goods into your existing system.
10. Your responsibilities
i. 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.
ii. It is your responsibility to ensure proper installation of our goods into your existing system.
iii. 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).
11. Conditions applicable
i. These conditions shall apply to all contracts for the sale of any good/s 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.
ii. All orders for good/s shall be deemed to be an offer by you to purchase good/s pursuant to these conditions.
iii. Acceptance of delivery of the goods shall be deemed conclusive evidence of your acceptance of these conditions.
iv. 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.
v. These terms represent the entire agreement between you and us
12 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.
13. Delivery and non-delivery of goods
i. The goods shall be delivered to you at your address. The risk in the goods shall pass to you upon such delivery taking place.
ii. We shall arrange for carriage of the goods to your address. The costs of carriage and any insurance which you reasonably direct us to incur shall be reimbursed by you without any set-off or other withholding whatsoever and shall be due on the date for payment of the price. Any third-party carrier shall be deemed to be your agent.
iii. 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.
iv. Notwithstanding 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.
14. Retention of title by us
i. The goods shall be at your risk as from delivery.
ii. 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.
iii. Until property in the goods passes to you, the goods and each of them, shall be held by you on a fiduciary basis as mere possession and not ownership, for us.
iv. 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.
v. Notwithstanding 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 your own behalf and you shall deal as principal when making such sales or dealings.
vi. 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.
vii. 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.
15. Acceptance of the goods
i. You shall be deemed to have accepted the goods three (3) days after delivery to your carrier.
ii. After acceptance you shall not be entitled to reject goods which are not in accordance with the terms and conditions found herein.
16. Rejection of the goods
If you properly reject any of the goods which are not in accordance with these terms and conditions, you shall nonetheless pay the full price for such goods, unless you return such goods to us at your cost, and before the date when payment of the price is due. The goods shall be unopened, unused, sealed in their original packaging as provided by the manufacturer and accompanied with their original corresponding invoice.
17. Return of goods which are in accordance with the contract
i. No goods delivered to you which are in accordance with the agreement will be accepted for return by us without our prior written approval and on terms to be determined at our absolute discretion.
ii. 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. The goods shall be unopened, unused, sealed in their original packaging as provided by the manufacturer and accompanied with their original corresponding invoice
iii. 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.
18. Variations in description or specification
i. 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.
ii. Images shown are for reference purposes only. Actual item may look different.
iii. 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 (fourteen-day) 14-day cooling off period.
iv. Items that are not returned unopened, unused, and sealed in their original packaging as provided by the manufacturer will be subject to a reduced refund.
19. Intellectual Property
i. Content found on the website is the exclusive property of Sound machine Ltd. and is governed accordingly by intellectual property laws and no part of the site may be copied, reproduced or used in anyway.
ii. 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.
iii. 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.
iv. 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.
v. In these Terms & Conditions, ‘Intellectual Property Rights’ means patents, database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights, together with the right to apply for the protection of any such rights. All Intellectual Property Rights in the website shall be owned by us absolutely.
vi. Subject to the right granted to you to use the website, Sound Machine Ltd. reserves all rights, title and interest in its Intellectual Property Rights in the website. Any goodwill accruing from use of Sound Machine Ltd.’s trademarks, trade and business names and service marks under this Agreement will vest in Sound Machine Ltd.
vii. 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.
20. Third-Party Associations
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.
21. Limitations upon our liability to you
i. 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 good/s together with any expenses incurred by you in notifying us and returning the goods to us.
ii. 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, or breakdown caused by your computer system or operating system.
iii. 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.
iv. We shall not be liable for any consequential loss including without limitation any loss caused by interruption of your business, loss of electronic information, 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.
v. We are not accountable for any punitive or significant loss, damage and costs, both economic as well as to your reputation or goodwill.
vi. 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.
viii. 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.
ix. 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 good/s purchased.
x. 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.
22. Precautionary Relief
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.
i. Sound Machine Ltd. respects your privacy. All personal information you provide us is kept confidential. We do not rent, trade, or sell your personal information. Ever. All credit card information is not processed by us by a reliable third party therefore do not store any credit card information.
ii. Sound Machine Ltd. is committed to protect your privacy and we will not collect any personal information about you unless you provide it voluntarily. Any personal information you communicate to us is kept by Sound Machine Ltd. in accordance with the Data Protection Act, 2001 (Chapter 440 of the Laws of Malta).
24. Choice of law and jurisdiction
i. This contract is subject to the law of the Republic of Malta.
ii. All disputes arising out of this agreement shall be subject to the exclusive jurisdiction of the courts of the Republic of Malta.
25. Reviews, Comments, Communications, and other Content
i. 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.
ii. 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.
iii. 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.
iv. Please be aware that phone calls may be recorded for services such as customer services or training.
v. 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.
26. Your Obligations and Responsibilities
Failure to abide by these terms and conditions, and exploitation of our system is not acceptable.
Without prejudice to any obligation or responsibility on your part as established by any other clause within these terms and conditions, you are responsible to ensure that:
i. 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.
ii. Responsibility for the computer, the system and that it has the specifications necessary to work consistently with this Website, rests with you.
iii.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.
iv. Unauthorised links to this website from an alternative Website are not acceptable.
v. Inappropriate and offensive content may not be uploaded or used in any form of communication. This includes but is not limited to emails and/or contact forms submitted on this Website.
vi. You may not breach our Intellectual Property Rights, including those of third parties.
vii. 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.
viii. Any deceptive and dishonest information which can damage our reputation and goodwill may not be mentioned, disseminated or in any other way circulated.
ix. You must agree to furnish any information when you are requested to do so.
x. The Website must be used solely for reasons authorised in these terms and conditions.
xi. Should you not agree to each and every term and condition set out herein, you shall refrain from using this website and to leave immediately.
xii. You 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.
xiii. You ensure proper installation of our goods into your existing system.
xiv. You ensure that wherever necessary you access the manufacturers’ web site to download any necessary product upgrades (including drivers and manuals).
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.
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.
28. Disclaimer of Warranties
i. 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.
ii. 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 but not limited to inaccessible parts of the Website.
iii. We do not guarantee that any information on the Website abides by laws other than the laws of the Republic of Malta.
iv. 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.
i. All notice should be sent to us by email on email@example.com 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.
ii. Any notices sent by email will be considered received on receipt.
iii. All notices sent by post will be considered received three (3) working days after the date posted.
i. No waiver by us of any breach of these Terms shall be considered as a waiver of any subsequent breach of the same or any other provision.
ii. These Terms supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between Sound Machine Ltd. and you relating to your purchase. Sound Machine Ltd. advises that you print and keep safe a copy of these terms and conditions once your order has been accepted by Sound Machine Ltd. We will store a copy of the contract entered into by you Sound Machine Ltd. You are advised to read (and are responsible for reading) fully all information on this website.
iii. 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 that may be applicable.