Terms and Conditions
1. Area of Application
All present and future sales of products and/or services shall be governed by these Terms and Conditions. Any order of a product and/or service implies acceptance without reservation by the customer and their full acknowledgement of these terms and conditions of sale and delivery by TJ Novelty. These terms and conditions of sale and delivery and the purchase and sale transactions arising from them are governed by Maltese Law.
2. Goods and Services
The description of the goods and services is set out in the highest degree of accuracy possible in our sales documentation. However, the photographs and graphic representations displayed on our sales media (catalogues, website, brochures, emails, newsletters, etc.) are for information and guidance only and are not contractual. In accepting the quotation, you acknowledge that you have not relied upon any statement, promise or other representations about the offer by us and the liability of TJ Novelty cannot be incurred in the event of an error.
We can make any changes to the specification of the Goods/Service which are required to conform to any applicable safety or other statutory or regulatory requirements.
The price (Price) of the goods/services is set out in our quotation current at the date of his/her order or such other price as we may agree in writing. If the cost of goods/services to us increases due to any factor beyond our control including, but not limited to, material costs, alteration of exchange rates or duties, or changes to delivery rates, we can increase the Price prior to delivery. Any increase in the Price under the clause above will only take place after we have informed you about it. Price is usually ex-works or ex-warehouse and this will be clearly indicated on the sales document. Price does not include VAT or any other taxes and levies which are imposed or charged by any competent authority. Discounts may be given to customers, but these will be at our discretion. Delivery and installation are not included in the price unless otherwise indicated in the quotation.
Orders can be placed by email on the basis of the products/services offered in the quotation. The customer acknowledges that these terms and conditions of sale were read and accepted before confirming the order. Confirming the order therefore implies acceptance of these general terms and conditions of sale. The customer acknowledges that, before confirming the order, he/she has been given the opportunity to examine its contents and prices in detail and correct any errors. Customers are also reminded that any order confirmed constitutes an obligation to pay for it. Purchase orders sent by a customer by email or post and/or sales orders signed by a customer imply full acceptance of these general terms and conditions of sale.
Orders are fulfilled within the limits of available stocks, and for the products not stored in our warehouses, are subject to availability from our supplier. Furthermore, TJ Novelty reserves the right to refuse or cancel an order when the price displayed for the product(s) is wrong or when there are serious reasons for suspecting fraudulent intentions regarding the order(s). If a dispute with a customer regarding payment for a previous order is in progress, TJ Novelty reserves the right to block delivery of the new order.
Full payment must be made, unless agreed otherwise on quotation and/or sales order, within 30 days of the invoice date or on or at any time after delivery of the goods/services; or where the goods are to be collected by you or where you wrongfully do not take delivery of the goods, at any time after we have notified you that the goods are ready for collection or we have tried to deliver them. The customer must make payment even if delivery has not taken place and /or that the title in the Goods has not passed to you.
Our employees or third parties are authorised to collect debts only with express evidence of our written consent. In the event of a default in payment and justified doubts about the customer’s solvency or credit standing, we are entitled irrespective of other rights to demand advance payment for deliveries not yet made or services not yet provided and to make all claims under the business relationship payable immediately.
If the customer does not pay within the period set out above, we shall have the right to suspend any further deliveries to you and without limiting any of our other rights or remedies for statutory interest, charge the customer interest at the rate of 8% per annum above the base rate of the Central bank of Malta from time to time on the amount outstanding until amount is paid in full and a flat-rate fee of EUR40 for every late payment. Our right to charge for more extensive damage due to default is unaffected by such flat-rate fee.
Both parties must pay all amounts due under these Terms and Conditions in full without any deduction or withholding except as required by law and neither party is entitled to assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
We will do our best to respect agreed delivery times. If this does not happen, the customer will be informed and will have the choice of either maintaining the order or cancelling it, if extension is not acceptable. The delivery, when agreed with customer, will take place at a street level and in an area with easy access to trucks for the unloading of goods. Delivery of goods is charged extra unless otherwise agreed upon. Alternatively, customer my collect the goods from the warehouse upon confirming with logistics the collection times.
If delivery is not possible as set out above, the customer must collect the Goods from our premises and will be notified of this. We can charge the customer for all associated costs including, but not limited to, storage and insurance.
Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence.
We will not be liable for any delay in delivery of the Goods that is caused by a circumstance beyond our control or the customer’s failure to provide us with adequate delivery of the instructions or any other instructions that are relevant to the supply of Goods. We can deliver the Goods by instalments, which may be invoiced and paid for separately.
Each instalment is a separate contract. Any delay in delivery or defect in an instalment will not entitle the customer to cancel any other instalment.
7. Inspection and acceptance of Goods
The customer must inspect the Goods on delivery or collection.
Any visible defects/damages shall be put in writing on the delivery note by the client and client must notify to us in writing by email within 1 day of delivery, providing details and photos of defects/damages.
Other than by agreement, we will only accept returned Goods if we are satisfied that those Goods are defective and if required, have carried out an inspection. Our liability for any hidden defects shall be limited to defects that become apparent within one month of delivery of the goods. Complaints about hidden defects shall not be entertained unless the client notifies us by email within 8 days of their discovery.
Subject to the client’s compliance with this clause and /or our agreement, he/she may return the Goods and we will, as appropriate, repair, or replace or refund the Goods or part of them.
We will be under no liability or further obligation in relation to the Goods if:
a) Customers fails to provide notice as set above; and / or
b) Customer makes any further use of such Goods after giving notice under the clause above relating to damages and shortages; and / or
c) The defect arises because the customer did not follow our oral or written instructions about the storage, commissioning, installation, use and maintenance of the Goods; and / or
d) The defect arises from normal wear and tear of the Goods; and / or
e) The defect arises from misuse or alteration of the Goods, negligence, wilful damage or any other act by the customer, his/her employees, agents or any third parties.
f) The customer bears the risks and costs of returning the Goods.
Acceptance of the Goods will be deemed to be upon inspection by the customer and in any event within 1 day after delivery.
Goods are not sold on a trial basis. Returned products are subject to approval and to a restocking fee. Unsealed or unpacked products are not returnable or refundable.
The products we sell are covered with a standard 1-year contractual warranty allowing clients to return defective products or products not fit for their intended use. This limited warranty does not cover the following:
a) Damage due to natural disaster, accident, misuse, normal wear & tear, abuse, negligence, commercial use (unless otherwise specified in the supply) or modifications to the original product supplied;
b) Damage due to improper installation, cleaning, operation or maintenance, or lack thereof;
c) Damage due to connection to improper voltage supply or electrical power surge;
d) Damage due to intensive use of a product that is produced for consumer use only;
e) Damage due to attempted repair by any party other than an authorised representative of TJ Novelty;
f) Damage due to use of components not approved by TJ Novelty;
g) Damage due to lack of periodic maintenance as instructed by manufacturer on the operations manual and/or care instructions as supplied with product;
h) Damage due to unapproved consumables/supplies;
i) Damage due to exposure and/or contamination from liquids, abnormal corrosive conditions, excessive temperature, humid environments and/or foreign objects;
For warranty claims, product must be presented for inspection at TJ Novelty or in case the product is fixed, it will be checked on site by authorised personnel. A copy of the handover certificate and/or invoice is to be presented together with the on-line claim which is to be made by sending the claim form to email@example.com. TJ Novelty reserves the right to check validity of your warranty claim and communicate entitlement for service accordingly.
For the entire duration of the contractual warranty, a product that does not function correctly due to a material or manufacturing defect will be repaired or replaced by a product with similar features based on the value of the product and the magnitude of the defect (product replacement or repair at TJ Novelty’s choice if one option involves a cost obviously out of proportion to the other option based on the value of the item or the scope of the defect). Repair or replacement under the terms of this warranty does not give right to a new starting of the warranty. However, if we are unable to send the customer a new or repaired product within a maximum of 60 days after receiving the return, the customer’s product downtime will be added to the contractual warranty period except if the product returned does not fall within the scope of the contractual warranty.
Outside the warranty period: for all repair requests, return shipping charges are at the customer’s expense. Spare parts, wear parts and repaired parts may be invoiced to the client after a quote has been accepted by the client. TJ Novelty entitles you to 3 months commercial warranty on replacement parts used to repair out of warranty product/s.
A full detailed warranty form may be found on our website www.tjnovelty.com
9. Risk and title
The Risk in the Goods will pass to the customer on completion of delivery.
Title to the Goods will not pass to the customer until we have received payment in full (in cash or cleared funds) for (a) the Goods and / or (b) any other goods or services that we have supplied to the customer in respect of which payment has become due.
Until title to the Goods has passed to the customer, he/she must (a) hold the Goods on a fiduciary basis as our bailee; and /or (b) store the Goods separately and not remove, deface or obscure any identifying mark or packaging on or relating to the Goods; and / or (c) keep the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery.
As long as the Goods have not been resold, or irreversibly incorporated into another product, and without limiting any other right or remedy we may have, we can at any time, ask the customer to deliver up the Goods and, If he/she fails to do so promptly, enter any of his/her premises or of any third party where the Goods are stored in order to recover them.
We can terminate the sale of Goods under the Contract where:
a) The customer commits a material breach of his/her obligations under these Terms and Conditions;
b) The customer is, becomes or, in our reasonable opinion, is about to become the subject of a bankruptcy order or take advantage of any other statutory provision for the relied of the insolvent debtors;
c) The customer enters into a voluntary arrangement under Part 5, Title II of the Companies ACT 1996, or any other scheme or arrangement is made with his/her creditors; or
d) The customer convenes any meeting of his/her creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of his/her assets or undertakings or any part thereof, any documents are filed with the court for the appointment of an administrator, notice of intention to appoint an administrator is given by you or any of your directors, a resolution is passed or petition presented to any court for the winding up of his/her affairs or for the granting of an administration order, or any proceedings are commenced relating to his/her insolvency or possible insolvency.
11. Limitation of liability
Our liability under the Contract, and in breach of statutory duty, and in tort, misrepresentation or otherwise will be limited to this clause.
Subject to the clauses above on Inspection and Acceptance and Risk and Title, all warranties, conditions or other terms implied by statute or local law are excluded to the fullest extent permitted by law.
If we do not deliver the Goods, our liability is limited, subject to the clause below, to the costs and expenses incurred by the customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods.
Our total liability will not, in any circumstances, exceed the total amount of the Price payable by the customer.
We will not be liable (whether caused by our employees, agents or otherwise) in connection with the Goods, for:
a) Any indirect, special or consequential loss, damage, costs, or expenses; and / or
b) Any loss of profits, loss of anticipated profits, loss of business, loss of data, loss of reputation or goodwill, business interruption, or other third-party claims; and / or
c) Any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; and / or
d) Any losses caused directly or indirectly by any failure or breach by the customer in relation to his/her obligations; and / or
e) Any loss relating to the choice of the Goods and how they will meet the customer’s purpose or the use by the customer of the Goods supplied.
The exclusions of liability contained within this clause will not exclude or limit our liability for death or personal injury caused by our negligence; or for any matter for which it would be illegal for us to exclude or limit our liability; and for fraud or fraudulent misrepresentation.
12. Data protection
When providing the Goods to the customer, we may gain access to and /or acquire the ability to transfer, store or process personal data of employees of the customer.
It is agreed that where such processing of personal data takes places, the customer shall be “data controller” and we shall be the “data processor” as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and / or re-enacted from time to time.
For the avoidance of doubt, ‘Personal Data’, ‘Processing’, ‘Data Controller’, ‘Data Processor’ and ‘Data Subject’ shall have the same meaning as in the GDPR.
We shall only process Personal Data to the extent reasonably required to enable us to provide the Goods as mentioned in these Terms and Conditions or as requested by and agreed with the customer. We shall not retain any personal data longer than necessary for the processing and refrain from processing any personal data for its own or for any third party’s purposes.
We shall not disclose personal data to third parties other than employees, directors, agents, subcontractors or advisors on a strict “need-to-know” basis and only under the same (or more extensive) conditions as set out in these Terms and Conditions or to the extent required by applicable legislation and / or regulations.
We shall implement and maintain technical and organisational security measures as are required to protect Personal Data Processed by us on behalf of the customer. Further information about our company’s approach to data protection are specified in its Data Protection Policy, which can be found on www.tjnovelty.com . For any enquiries or complaints regarding data privacy, the customer can contact us at the following email address: firstname.lastname@example.org .
13. Circumstances beyond the control of either party
Neither the customer nor our company shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to, power failure, internet services provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.
14. No Waiver
No waiver by us of any breach of these Terms and Conditions by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that those provisions shall be deemed served from the remainder of these Terms and conditions (which will remain valid and enforceable)