Terms of service

Last updated Date: 11th May 2025.

1. Introduction

These Terms of Service (“Terms”) govern your access to and use of the website [Insert Domain Name] (the “Website”) and any products or services (the “Goods”) sold by Calvin Briffa, a sole trader registered and operating under the laws of Malta (“we”, “us”, or “our”).

By accessing this Website and/or placing an order, you (“you”, “your”, “Customer”) agree to be legally bound by these Terms. If you do not agree with any part of these Terms, you must refrain from using this Website or placing any orders.

2. Eligibility

You must be at least 18 years of age and have the legal capacity to enter into binding agreements to purchase Goods from us. By using this Website, you represent and warrant that you meet these criteria.

3. Goods and Pricing

  • All descriptions, images, prices, and availability of Goods are subject to change without notice and are provided for informational purposes only.

  • We do not warrant that product descriptions or other content on the Website are accurate, complete, reliable, current, or error-free.

  • Prices displayed include VAT, where applicable, but exclude shipping and other charges unless explicitly stated.

4. Customer Responsibility

You agree and accept that:

  • You are solely responsible for the suitability, compatibility, and intended use of the Goods.

  • You must carefully read and understand all instructions, warnings, and product information provided.

  • You bear full responsibility for ensuring that the delivery address, contact information, and order details provided are accurate and complete.

  • You shall inspect all Goods immediately upon delivery and notify us in writing of any defects or issues within 24 hours. Failure to do so shall constitute your unconditional acceptance.

5. Disclaimer of Warranties

To the maximum extent permitted by law:

  • All Goods are provided “as is” and “as available” without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

  • We do not guarantee the continuous, uninterrupted or error-free operation of the Website or services.

6. Limitation of Liability

To the maximum extent permitted by Maltese and EU law:

  • We shall not be liable for any direct, indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of data, loss of business, loss of profits, or personal injury, arising out of or in connection with your use or inability to use the Website or any Goods purchased.

  • Our total liability, whether in contract, tort (including negligence), or otherwise, shall not exceed the amount you paid for the Goods giving rise to the claim.

7. Indemnification

You agree to fully indemnify, defend, and hold harmless the merchant, its affiliates, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including legal fees) arising from:

  • Your misuse of the Website or the Goods.

  • Any breach by you of these Terms.

  • Your violation of any applicable law or the rights of a third party.

8. Right of Withdrawal (Consumer Sales)

In accordance with the Consumer Rights Regulations (S.L.378.17), if you are a consumer residing in Malta or the EU:

  • You have the right to withdraw from your purchase within 14 calendar days from the date of delivery without giving any reason.

  • The Goods must be returned in their original, unused, and resalable condition with all packaging and documentation intact.

  • You bear the full cost and risk of return shipping.

  • We reserve the right to withhold any refund until Goods are received and inspected.

Exceptions to this right include:

  • Customised or personalised Goods.

  • Goods that are sealed for hygiene reasons and have been unsealed after delivery.

  • Perishable Goods.

9. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms due to events beyond our reasonable control, including but not limited to acts of God, war, terrorism, strikes, government action, pandemics, or failure of suppliers.

10. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Malta. Any disputes shall be subject to the exclusive jurisdiction of the Maltese courts, without prejudice to your rights as a consumer under EU law.

11. Amendments

We reserve the right to amend these Terms at any time without notice. Continued use of the Website or placing further orders constitutes your acceptance of the updated Terms.

12. Severability

If any provision of these Terms is found to be invalid or unenforceable under applicable law, the remaining provisions shall remain in full force and effect.

13. Entire Agreement

These Terms constitute the entire agreement between you and us in relation to your use of the Website and purchase of Goods and supersede all prior communications.