We/Us/Our/Decomalta means Deco Manufacturing Ltd (C 7650), a limited liability company having its registered office at Factory B8A, Industrial Estate, Bulebel, Zejtun, Malta and holding VAT Number MT 11813207
You/Your/Yourself means the User of the Site (as defined below) and/or customer of any of Our services.
These Terms and Conditions relate to Your use of the information and/or features provided by on the website appearing on the domain name www.decomanufacturing.net (“the Site”). Any request of Yours relating in any manner whatsoever to any of Our services, including for example custom photo and printing services as well as the sale of any goods, including the purchase of any kind of artwork, shall be covered by these Terms and Conditions.
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 or for any other reason in Our sole discretion. We will use Our reasonable efforts to alert You to any material change(s) to these Terms and Conditions. Your continued use of the Site after any such modifications will be considered an acceptance of the Terms and Conditions as modified.
For any information regarding the Site, purchase orders, Our data protection policies/practices, deliveries and, more generally, purchases, please do not hesitate to contact customer care at the following link firstname.lastname@example.org or by phoning on (+356 21692576) during normal office hours.
B. SITE DISCLAIMER
DECO MANUFACTURING 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, DECO MANUFACTURING 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 DECO MANUFACTURING 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 mainly be made via electronic means, and that relevant information will be posted on Our Site. Where applicable laws require that some of the information or communications We send to You should be in writing, We will contact You by e-mail. 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.
Acceptance of the General Conditions of Sale and Closing
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, but any such changes will not affect orders which have already been placed by You. It is understood that colours and sizes of the products may differ on account of the differences in screens and systems used by customers for accessing the Site; please refer to the product specifications for measurements of the products.
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. You may correct all the data inputted into the order form up until the time that You click the button finalising the order.
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.
The agreement executed (entirely by way of electronic communications) between You and Deco Manufacturing shall be deemed binding upon acceptance of the order, including partial acceptance, by Deco Manufacturing. If the order is not accepted by Deco Manufacturing, Deco Manufacturing shall immediately inform You thereof.
After placing an order through the Site, Deco Manufacturing will process Your order and subsequently send you an email acknowledging that we have received your request to place an order. This email of acknowledgement constitutes confirmation and acceptance of your order.
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 or when there is a problem with your payment method, Deco Manufacturing reserves the right to cancel any online order made by You. In such cases Deco Manufacturing 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.
By placing an order in accordance with the envisaged modalities, and with the order form made available on the Site (hereinafter, the “Order”), You hereby declare that You have read and understood all of the indications given during the purchase procedure, and that You accept, in full, these General Conditions of Sale and the other Terms of Conditions (hereinafter, the “Conditions”).
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.
The exclusive language used on the Site, and hence the language in which the Order must be made is the English or German language.
Price and Terms of Payment
The prices indicated on the Site are inclusive of local sales taxes and VAT, when applicable. In addition, additional costs and fees may apply, such as local import taxes depending on your shipping location. Where possible, these additional costs will be clearly indicated on the Site and will be made available to you before placing Your Order. Please refer to Clause 3 for information regarding delivery costs or fees.
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.
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.
Under no circumstances and at no stage of the payment process, will the details of the credit card of the purchaser be disclosed to Deco Manufacturing 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 Deco Manufacturing’s systems, Deco Manufacturing will not, to the extent permitted by law, be liable for fraudulent and unlawful uses, if any, made by third parties of the purchaser’s credit card during the payment procedure, unless this occurs through Our gross negligence.
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 pre-orders, please see the specific procedure as may be communicated to You at the appropriate juncture.
Delivery of the Products and Relevant Expenses
Please note that the price of goods also includes costs relating to delivery. In any case the additional costs outlined in Clause 2.1 above may apply, which will however be clearly displayed to You prior to placing Your Order.
Deco Manufacturing, 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.
The risk pertaining to such goods shall pass to You once delivery to your indicated address has taken place.
Although Deco endeavours to deliver goods on time, the delivery times indicated by Deco are purely indicative. Estimated time of delivery shall range from 6 to 10 days.
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 Deco Manufacturing, its suppliers and/or carriers immediately.
Cancellations and Returns
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 that You acquire physical possession of the products, or, in the case of multiple goods, of the last product being delivered.
You may exercise the right of withdrawal set forth above in any of the following ways:
By filling out the model withdrawal form, as provided in the law, that is available here
By filling in any specific form made available by Us; OR
By notice in writing delivered to Our address (indicated above); OR
By electronic mail to Our electronic mail address (indicated above); OR
By making any other unequivocal statement setting out Your decision to withdraw from the purchase agreement.
In the event of withdrawal:
Goods must be returned by You to Our address provided above;
Goods must be returned to Us in a complete manner (please refer to Clause 4.4);
Purchaser is responsible for the cost of returning the goods at Our address;
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;
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;
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:
The transit of the product/s, until the purchaser receives confirmation that the product has been properly returned and delivered to Deco Manufacturing, shall be at the purchaser’s exclusive responsibility. Therefore, if the product has been damaged during transit, Deco Manufacturing 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;
Deco Manufacturing 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 Deco Manufacturing
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.
Promotions and Competitions
All competitions and promotions online, including any discount, premium or gift, are subject to removal without notice.
All promotions are on a “While Stocks Last” basis.
We guarantee conformity of the goods with the description and specification of the product.
All products sold by Deco Manufacturing will be subject to the legal guarantees provided for under the applicable laws, as well as to any additional contractual warranties possibly provided to You pursuant to these Terms and Conditions.
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 this is fraudulent or misleading on our part, or for any warranty whether implied, expressed, or otherwise, or for loss or damage that may arise from or in connection with the use of the Site or Our goods or services unless such loss or damage results from fraud or gross negligence on Our part or the part of Our employees, agents, representatives, or otherwise.
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’).
You agree to indemnify, defend and hold harmless Deco Manufacturing, its directors, officers, employees, consultants, agents, and affiliates, and We agree to indemnify, defend, and hold you harmless from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, a breach of these Terms and Conditions, an infringement of any intellectual property rights or any other right of any person or entity, or a breach of any duty of confidence or privacy, or any defamatory statements made in any form.
G. INTELLECTUAL PROPERTY
You understand and agree that all intellectual property rights, including but not limited to rights in copyright, design and trademarks, in all content displayed on the Site and all goods/works sold shall be retained by Deco Manufacturing and/or by the original artists of the goods/works concerned, and that any ensuing sale of goods/works does not construe an assignment or license of such intellectual property rights to You. It is therefore agreed that You shall not reproduce, copy or otherwise breach any of the Intellectual Property Rights held in the content on the Site or in the goods/works sold to You and that Deco Manufacturing shall not be liable for any such breach.
H. 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:
Strikes, lock-outs or other industrial action;
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
Impossibility of the use of public or private telecommunications networks;
Acts, decrees, legislation, regulations or restrictions of any government.
If either party fails, at any time during the term of any contract, to insist upon strict performance of any of the other party’s obligations under the said contract or any of these Terms and Conditions, or if either party fails to exercise any of the rights or remedies to which that party is entitled under any such contract, this shall not constitute a waiver of such rights or remedies and shall not relieve the other party from compliance with such obligations.
A waiver by either party of any default shall not constitute a waiver of any subsequent default.
No waiver by either party of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to the other party in writing in accordance with Clause C above.
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.
K. THIRD PARTY WEBSITES
The Site may contain references or links to websites owned by third parties. Please be aware that We have no control over third party websites and therefore do not accept any legal responsibility for any information, content or other similar material contained therein. The use of any such third-party website shall be governed by the terms and conditions (if any) of such third-party website.
L. APPLICABLE LAW AND JURISDICTION
If you qualify as a consumer domiciled in a European Union Member State, jurisdiction shall be determined in accordance with the provisions of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, or any other legislative measure which may replace the said Regulation from time to time.
If, however, you do not qualify as a consumer domiciled in a European Union member State, all disputes or claims arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the Maltese courts to which the parties irrevocably submit.
This Agreement shall be governed and construed in accordance with Maltese law, saving, where applicable, the provisions of Article 6(2) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I), or any other legislative measure which may replace the said Regulation from time to time.
Please note that the European Commission manages an Online Dispute Resolution website http://ec.europa.eu/odr/ dedicated to helping consumers and traders resolve their disputes out-of-court, including cross-border disputes.
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.
N. AFTER-SALE SERVICE
Questions, comments or requests regarding these Terms and Conditions or Our goods and/or services and any formal complaints you may have should be addressed to: email@example.com or by phoning us on (+356) 2169 2576 (during normal office hours).