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Terms & Conditions

OVERVIEW

This website or online catalog /referred to as the “site”/ is operated by Islands8. The terms “we”, “us” and “our” refer to Islands8. Islands8 offers this website or online catalog, including all information, tools and services available from this site to you, the user.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, customers, vendors, merchants, and/ or contributors of content.

Please read these Terms carefully before accessing or using our website or online catalog. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the site or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the site following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms, you represent that you are at least the age of majority in your state of residence, or that you are the age of majority in your state of residence and you have given us your consent to allow any of your minor dependents to use this site.

You are not allowed to use any of our content, offers, products, site or Service for any illegal or unauthorized purpose. You must not breach our copy right, or transmit any worms or viruses or any code of a destructive nature.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the site or Service, use of the Service, or access to the Service or any contact on the site through which the service is provided, without express written permission by us.

You understand and agree that your content (not including card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

We reserve the right to refuse service to anyone for any reason at any time.

In case of breach or violation of any of the Terms we may suspend or terminate with immediate effect any of your Services and/or these Terms.

SECTION 2 – PRODUCTS OR SERVICES (if applicable)

We have made every effort to display as accurately as possible the colors and images of our products that appear at the site. We cannot guarantee that your monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to discontinue or limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 3 – CHANGES TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

In addition to the price and shipping costs, you may be charged duties & taxes by your government at the time of receiving the package. The duties & taxes laws vary greatly from country to country, so it’s best you check the laws in your country. If you refuse to pay the duties & taxes charge when accepting the package, it will be sent back to us and our terms on Returns shall apply.

SECTION 4 – ORDERS AND CANCELLATIONS

The purchase is made after you submit to us a valid Order and after you pay the specified price, including VAT (if applicable) and including shipping costs (if applicable) for the ordered products, via some of the accepted ways of payment. To be valid you must indicate in the Order the type and quantity of ordered products, valid address for delivery (“shipping address”) in the accepted countries for deliveries and invoice details, as well as other information requested by us upon online purchase.

When the Order is submitted and paid, we may send you an acknowledgement e-mail as a confirmation which will contain details regarding the placed order of product (name and type of the product ordered, number of the products ordered, single price of the product ordered, total price of the product ordered, including VAT and shipping costs and similar details).

When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. Invalid or incomplete orders shall not be processed.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer or customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

The order may not be completed in the following, not exhaustively listed cases:

(i) One or whole of the products/services are not available on stock. In this case we shall contact you promptly;

(ii) No payment is made by you;

(iii) You have specified wrong or incomplete shipping address;

(iv) You have not provided all the required information including a valid mobile number and/or a valid e-mail address.

You may be eligible to cancel your Order, in case we have not shipped it yet. In case we have shipped your Order and you would like to cancel it, our terms on Returns shall apply. To cancel your order, please contact us at our Contacts on the site or in these Terms. If you successfully cancel your Order, you will not need to pay for it or if already paid, we shall refund the price of the cancelled items.

SECTION 5 – PAYMENTS, INVOICES

You must pay for your Orders via one of the payment methods acceptable to us as stated on our site. We reserve our right to charge you with VAT or any similar applicable taxes.

Depending on your Order and/or your shipping address we may have to charge you with shipping fees. You will be provided with an invoice describing separately the shipping fees.

SECTION 6 – DELIVERIES

We shall ship the ordered product/s via post, courier services or other forwarder to the address that you have specified as shipping address at the time when you submitted the order in Malta.

We shall ship the ordered products, within a reasonable period of time and subject to availability of types and quantities kept on stock with us or our subcontractors at the time of order. In case the ordered products cannot be shipped within reasonable term (more than 30 days), we have the right to inform you via e-mail or mobile phone. However dispatching time may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. We shall not be held liable for lack of quantity or any delay.

You are obliged to accept the shipment of products on time and at the shipping address specified by you when you submitted the order. In cases where the ordered product is returned to us after it reached your address but was not handled due to your absence or any other failure on your behalf to receive it, you accept that any costs incurred for storage and returning the product to us, its reshipment to your address after your requests or any kind of additional transportation shall be covered by you.

It shall be considered that a delivery is duly performed and the products handed over correctly if we deliver the packages to a person found on the shipping address specified by you, who seems to be authorized to receive the delivery.

Upon receipt of the product/s you are obliged to check without delay the integrity of the shipment, as well as the content of the product and to inform us without delay in case of errors or problems with your order.

SECTION 7 – RETURNS AND REFUNDS

14-days cancellation period for consumers upon online purchase: In case you qualify as a consumer upon order, purchase or delivery of the products via the site, you are entitled to return the delivered product/s within a period of 14 (fourteen) days after the delivery date, for any reason and without a justification. The shipping costs to return the product back to us shall be on your account, unless our site specifies otherwise. Prior to return of the product, you must contact us via email or phone.

In all cases, you must return the product in its original packaging, including all parts and accessories, originally inserted in the product.

After successful return of the product to us, we will refund your money to the original payment source or via bank transfer to your personal bank account. You understand and agree that the refunded amount shall include only the price of the returned product, including the initial costs for shipping, except in cases where the consumer has explicitly requested a method of delivery of the goods other than the standard-delivery offered by GEORGE XUEREB, unless otherwise specified on our site.

SECTION 8 – COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 9 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 10 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall GEORGE XUEREB, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 11 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless GEORGE XUEREB and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 12 – ALTERNATIVE DISPUTE RESOLUTION FOR CONSUMERS. Online Dispute Resolution.

Consumers, residents of the European Union, in the event of a dispute between GEORGE XUEREB and them, may use the services of the relevant Alternative Dispute Resolution Authority: Islands8 , PO BOX 18 MALTA POST HEAD OFFICE MARSA, MALTA MTP 1001 and with online address sales@islands8.com.

The Consumer wishing to resolve a dispute out of court may also look for information for Online Dispute Resolution on the EU online platform at the following link: ec.europa.eu/consumers/odr

SECTION 13 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 14 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 15 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 16 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Malta.

SECTION 17 – CONTACT INFORMATION

Questions about the Terms and requests for cancelations, returns, refunds or complaints should be sent to us at sales@islands8.com