1. USER ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS
1.1.By using our website www.mgarrfarms.com hereinafter referred to as the ‘Website’, you are agreeing to be bound by the Terms and Conditions set out herein as well as by all applicable local and international laws. By using this site you agree to be bound by these Terms and Conditions. If you do not wish to be bound by these Terms and Conditions please exist the Website now. Your remedy for dissatisfaction with this Website or any products, services, content or other information available on or through this Website is to stop using the Website or those particular products or services. Your agreement with us regarding compliance with these Terms and Conditions becomes effective immediately upon commencement of your use of this site.
1.2.For purposes of these Terms and Conditions, "content" is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our Website.
1.3.References to “www.mgarrfarms.com”, the “Website”, “Mgarr Farms”, “our”, “we” and “us” are references to Mgarr Farming Company Limited (C 31163), a company registered in Malta, with registered offices at 42, ‘Three Arches’, Triq San Filippu, Mġarr, Malta. Further information can be obtained by contacting us directly on 00356 2157 0752.
1.4.We expressly reserve the right to modify these Terms and Conditions at any time without notice to you. Your continued use of this Website after such modifications will constitute acknowledgement of the modified Terms and Conditions and agreement to abide and be bound by the modified Terms and Conditions.
1. SHOPPING AT WWW.MGARRFARMS.COM
1.1. You can shop for our products through in-store purchases by visiting our store found at 4, ‘Mgarr Farms’, Triq il-Kappar, Industrial Estate, Mosta, Malta. Alternatively you can also place an online order through our website www.mgarrfarms.com. Different Terms and Conditions may apply depending on the manner in which you decide to place your order.
1.2.We make various services available on this Website including, but not limited to, delivery of boxes of agricultural produce and other like services.
1.3. We hereby agree to sell and you hereby agree to purchase, products of the description and quantity described on the checkout window on the Terms and Conditions set forth in these Terms and Conditions.
1.4.We reserve the sole right to either modify or discontinue the Website, including any of the site’s features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms and Conditions.
1.5.In order to access some of the services on this Website, you may be required to use an account and password that can be obtained by completing our online registration form, which requests certain information and data and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
2. ONLINE ORDERS
2.1.By placing an order online through our Website you are confirming that all the information provided by you is true, accurate, complete and up to date in all respects. You are also confirming that you are eighteen years of age or over.
2.2.Our confirmation of an order placed through our Website creates a binding contract of sale as outlined below.
2.2.1.An order is placed as soon as you press the “Pay Now” button at the end of the online check out process. Pressing the “Pay Now” button confirms that you have understood and consented to the order and purchase of the item selected and have thus bound yourself to execute the contract of purchase in good faith and in accordance to law. This is not, however, to be construed as a confirmation or acceptance of the order by us.
2.2.2.When placing an order and prior to final confirmation you will be given the possibility to confirm the details of your order, which details may include your address and payment details.
2.2.3.When you have successfully placed an order an acknowledgement of your order will be sent to you on the email address provided by you throughout the check-out process. This will let you know that we have received your order but it is not to be construed as a confirmation or acceptance of the order placed.
2.2.4.Once an acknowledgement has been sent we will request pre-authorisation against your payment card. We will then send a confirmation email to inform you that we have confirmed your order and to confirm that your order has been dispatched for delivery.
2.2.5.For your protection and security upon confirmation of your order we will contact your card issuer to request a pre-authorisation for the full order amount. You will only be charged for items once they are dispatched. Where the pre-authorisation occurs these funds will not be taken from your account and are not held by us for the duration of this period until payment is made upon dispatch of the order.
2.2.6.Your payment card will be charged upon dispatch of your order.
2.2.7.Unless otherwise agreed, your order will be delivered within forty eight hours of confirmation of your order, excluding Saturdays, Sundays, Public and National Holidays. If, however, we are unable to deliver your order within this period, we reserve the right to cancel your order.
2.2.8.We also reserve the right to contact you if we cannot accept your order. This may occur inter alia where the products are no longer available, where there is a problem with your payment method, where there has been a pricing or product description error on the Website, where we are unable to deliver the products due legal restrictions or requirements, where you do not meet our eligibility to order criteria or else where for any other reason you are deemed to be in breach of any of the Terms and Conditions or other law.
2.2.9.The contract will be concluded in English.
1. PRICES AND PAYMENT
1.1.We accept payment in Euro only.
1.2.If you choose to pay using a payment card with a foreign currency-denominated account, the payment will be taken in Euro. Your payment card issuer will then convert the Euro value, using their foreign exchange rates.
1.3.All prices shown on the Website, where applicable, are inclusive of local Value Added Tax at the rate of 18% or other sales taxes applicable in Malta from time to time.
1.4.Whilst we take all reasonable care to keep the details of your order and payment secure we cannot be held liable for any losses caused as a result of any unauthorised access to this data by a third party.
2.1. Whilst different delivery policies and options may apply depending on your order and where your order is being delivered deliveries will normally be carried out by us within a period of forty eight hours from final confirmation of your order, excluding Saturdays, Sundays, Public and National Holidays.
2.2.Unless otherwise indicated each delivery carries a charge of €4.00, with such charge being applicable with respect to any and all orders under €20. Any order over the price of €20 shall be delivered to you free of charge. Deliveries are not carried out on Saturdays, Sundays, public and national holidays.
2.3.Unless otherwise agreed in writing, delivery shall be made in accordance with our delivery policy in effect on the date of confirmation of your order. Delivery dates provided by us are estimates only. We will make reasonable efforts to deliver in accordance with such dates however we will not be liable for failure to deliver as estimated. Unless otherwise agreed in writing by us, your order shall be packaged according to our standards and practices.
2.4.Please note that whilst we strive to deliver all orders made we are unable to deliver certain products within the parameters of the order made. Information on delivery restrictions may be shown on individual product pages. If we are unable to obtain the relevant documentation required for your delivery, we may need to cancel your order.
2.5.In the event that you are not at the place indicated for delivery when we deliver your order we reserve the right to make a further attempt at delivery at an additional charge of €4.00 and in the event that this second attempt is not successful, we reserve the right to leave notice of our attempt at delivery, following which it will be your responsibility to collect your order from our store at 4, ‘Mgarr Farms’, Triq Kappara, Industrial Estate, Mosta.
2.6.We reserve the right to deliver your order to any person found at the delivery address indicated by you, with such person being presumed to be authorised to receive the delivery in your name and stead.
2.7.We shall not be held responsible for any failure of performance to make timely delivery of all or any part of your order in the event such failure was due, in whole or in part, to any State action, law, ordinance or regulation, strike or other labor trouble, fire or other damage to or destruction of, in whole or in part, the products or the manufacturing facility for the products, the lack of or inability to obtain raw materials, labor, fuel, electrical power, water or supplies, or any other cause, act of God, contingency or circumstances not subject to our reasonable control, which causes delays or hinders the manufacture or delivery of your order. We shall determine in
good faith the extent to which we can reasonably control a cause, contingency, or circumstance that affects the performance of our obligations.
3.1.In addition to your rights under all relevant local and international laws we accept the return of damaged products for a refund or exchange, howsoever that the products are returned unused and in their original condition at the time of delivery to you. Please note that the removal of any labels or tags will be taken as evidence of use of a product by you and the product cannot be returned in these circumstances.
3.2.Returns will only be accepted upon delivery of the order and following an immediate inspection of the product delivered. Owing to the nature of our products we are unable to accept any returns once that delivery of the products has been accepted by you.
3.3.If the products have decreased in value due to the way you have handled them, we reserve the right to deduct the amount of such loss from the amount reimbursed to you.
3.4.We are unable to refund any costs associated with delivery of your order in the event that you wish to return your order.
3.5.Refunds and exchanges on purchases made on an event day or with other promotional discount will be calculated at the reduced price. Where a complimentary gift has been issued with a purchase, the gift must also be returned.
3.6.Any product which is personalised, altered or otherwise made to your specification as well as any order which is deemed to be perishable by its nature may not be returned under any condition. No refund or exchange will be permitted with respect to these products.
3.7.You are entitled to cancel or modify your order within two hours from when you receive delivery of your order, with this right of cancellation and modification not applying with respect to non-returnable products as described above. In order to cancel your order it is necessary for you to contact us either through our Website or else on 00356 2157 0752 and to provide a clear statement declaring that you wish to cancel your order, informing us of your order number, your contact details and the products which you wish to cancel. If an order has already been dispatched for delivery we are unable to accept a cancellation or modification of your order.
3.8. We reserve the right to review, change and amend these Terms and Conditions at any time.
4. PRODUCT DESCRIPTION, PRICING AND AVAILABILITY
4.1.You agrees to pay the purchase price of the goods and services as posted on this Website.
4.2.We take all reasonable care to ensure that all details, descriptions and prices of products on our Website are accurate and up to date, however we cannot guarantee that the product images you see are an accurate representation given that there may be natural variations from the images shown.
4.3.Whilst every care is taken to ensure correct pricing online, the actual amount charged upon delivery might be different from the one shown on the Website, with this being due to stock price fluctuations upon which we have no control.
4.4.We also reserve the right to cancel any order where such order has been placed in respect of a product where there has been an error in pricing. In this event you will have the opportunity to reconfirm your order at the correct price.
4.5.Prices may change and offers may be withdrawn at any time. Additionally some offers and promotions may only be available online only or in-store only.
4.6.Whilst we do our best to ensure that all products featured on the Website are available for purchase, all orders are subject to availability, with a product being taken off the Website at the earliest reasonable opportunity.
4.7.Any order of products which are out of stock may be cancelled in whole or in part by us. Substitutions or alteration of any order will only be made with your prior consent, saving any upward revision in price in the event that the replacement has a higher price than the original order.
5. YOUR USE OF THE WEBSITE
5.1. We reserve the right to vary the Terms and Conditions found herein from time to time. Our new terms will be displayed on the Website and by continuing to use and access the Website following such changes, you agree to be bound by any variation made by us.
5.2.The Website is for your personal and non-commercial use only. By using this Website you are agreeing to remain solely responsible for all costs and expenses you may incur in relation to your use of the Website.
5.3.You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.
5.4.Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Website. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
5.5.Your use of the Website is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Website. By using our Website you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content that is in any way unlawful.
5.6.The Website is intended for use only by those who can access it from within the Malta. If you choose to access the website from locations outside Malta, you are responsible for compliance with local laws where they may be applicable.
5.7.We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the site. We generally do not pre-screen, monitor,
or edit the content posted by users of the Website, however, we and our agents have the right at our sole discretion to remove any content that, in our judgment, does not comply with these Terms and Conditions and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal
and waive any claim against us arising out of such removal of content.
5.8.In addition, you may not use your account to breach security of another account or attempt to gain unauthorised access to another network or server. Not all areas of the site may be available to you or other authorised users of the site. You shall not interfere with anyone else’s use and enjoyment of the site or other similar services.
5.9.We reserve the right to prevent or suspend your access to the Website in the event that you do not comply with any part of these Terms and Conditions, any terms or policies to which they refer or any applicable law. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating
suspected criminal violations.
5.10.You may not use the Website or its contents for the purposes of downloading or modifying the Website or any portion of it, nor to interfere with or disrupt any network or website connected to the Website or to gain unauthorised access to other computer systems. You may not use the Website to interfere with the enjoyment or use of the Website by any other person, nor may you use the Website for any unlawful purpose.
5.11.In addition to the above you may not, in relation to the Website, use any data mining, robots, or similar data gathering and extraction tools, use any framing techniques to enclose the trademarks, logos and other proprietary images, text layouts and formats which we use on the Website, nor use any meta tags or any other "hidden text" which uses our name or trademarks.
5.12.Your use of the Website does not grant you permission to link to it or use any of the trademarks, designs, get-up and/or logos contained within it.
5.13.We do not represent or warrant that the material contained in the Website, any of the functions of the Website and the server will operate without interruption or delay or will be error-free, free from defects, viruses or bugs or compatible with any other software or material. The Website is provided "as is” and any accessing of the Website carried out entirely at your own risk.
6. OWNERSHIP, USE AND INTELLECTUAL PROPERTY RIGHTS
6.1.This Website and all intellectual property rights relative to this Website, including but not limited to any Content, are owned by us. Intellectual property rights shall include but not be limited to any copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We reserve all of our rights in any intellectual property in connection with these Terms and Conditions.
6.2.Nothing in these Terms and Conditions grants you any legal rights over the Website or any of its Content other than as necessary to enable you to access the Website. You agree not to adjust, try to circumvent or delete any notices contained on the Website (including any intellectual property notices) and in particular any digital rights or other security technology embedded or contained within the Website.
7. HYPERLINKS AND THIRD PARTY SITES
7.1.The Website may contain hyperlinks or references to third party websites other than the website. Any such hyperlinks or references are provided for your convenience only with us having no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse the third party website, products or services. Your use of a third party site may be governed by the Terms and Conditions of that third party site.
8.1.We are committed to protect your privacy as a visitor to our website and therefore inform you that by providing us with your personal information, you are consenting to our processing of such personal data in accordance with the provisions of the Data Protection Act, 2001. We will treat such information in strict confidence and in accordance with the requirements of the provisions of all relevant domestic and international laws.
8.2.You are free to visit and browse through our Website without disclosing any information about you. You may however voluntarily choose to provide us with personal information if you complete and submit any of the forms that may from time to time be available on our Website. We will process this personal information in order to provide you with any service you may request when completing these forms.
8.3.We also reserve the right to process your personal data to provide you with information about the range of our services and products doing so through various means of telecommunications. You are always free to contact us should you not wish us to process your data for such purpose.
8.4.Like many other websites, our Website uses a technology called “cookies”. A cookie is an element of data that a website can send to your browser, which may then store it on your system. Cookies are created for each session when you visit our Website. None of the information collected by means of cookies is associated with you as an individual nor do we use the cookie technology to capture individual e-mail addresses or any personally identifying information about you. Information gathered through cookies may include the date and time when you access our Website, the website pages viewed and any download made through the same, the internet address of the website or the domain name of the computer from which you access our Website and the operating system of the machine running your web browser.
8.5.You may modify your web browser preferences to reject all or certain cookies used by our Website. If however you decide to reject all cookies it is possible that you will be unable to benefit from some of the services available through our Website. Additionally, however, it is also possible for you to modify your web browser preferences to alert you when you receive a cookie, allowing you the opportunity to choose whether or not you wish to accept it.
8.6.We are committed to process any personal and/or sensitive data supplied to us by you as may be necessary to provide you with the information you would have requested, in other ways described in these Terms and Conditions or in other ways consented to by you, in order to prevent, detect and/or prosecute fraud and any other criminal activity and to meet any other specific legal or contractual obligations including but not limited to protecting and defending our rights and property and that of our clients or users of our Website, in order to establish, exercise or defend any legal action, for internal risk assessment purposes, internal management, research and statistics, systems administration and the development and improvement of our properties, our products and/or services, for the protection and promotion of our legitimate interests and the proper conduct of our business and in any other way as may be allowed or required by or under any law.
8.7.Relevant data will only be disclosed or shared as appropriate with our employees, associates and other third parties in pursuance of any of the purposes listed above.
8.8.When You complete and forward to us an online form which includes information of another person, you are thereby giving your explicit consent, both on your behalf and on behalf of all the other persons specified in this form, for us to process the said personal information as outlined above and you confirm that you have informed these other persons about these Terms and Conditions and obtained their respective consents.
8.9.You have the right to request access to and/or correction of the personal data that we process in relation to you. You are required to inform us immediately of any such correction or alteration relating to your personal data which we are processing, by contacting us.
8.10.We use reasonable efforts to safeguard the integrity, availability and confidentiality of all personal data that we process and to this end regularly review and enhance our technical, physical and managerial procedures so as to ensure that your personal data is protected from unauthorised access, improper use or disclosure, unauthorised modification and unlawful destruction or accidental loss. This is why we have implemented security policies, rules and technical measures to protect the personal data we have under our control. This being said, owing to the fact that the internet is by its nature not a secure medium we cannot guarantee the privacy or confidentiality of any information passing over our Website. Furthermore, we cannot be held responsible for the security of your data whilst in transit through the internet, particularly since such data may be transmitted across international borders via countries having lower levels of data protection, with this being potentially the case even where sender and receiver of information are located in the same country.
9. GENERAL TERMS
9.1.By using our Website you are agreeing and consenting to indemnify us and our agents and officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, inclusive of legal fees and expenses, arising out of any breach of these Terms and Conditions by you or by any other person accessing the Website using your account and/or your personal information.
9.2.To the extent allowed by all relevant local and international legislation we are hereby excluding all warranties of any kind, whether express or implied, in relation to the products and services offered by us.
9.3.We will not be liable, in contract, tort or otherwise out of or in connection with these Terms and Conditions, for any economic losses of any kind, or for any loss of goodwill or reputation, or for any special or indirect losses, suffered or incurred by that party arising out of or in connection with the provisions of any matter under these Terms and Conditions.
9.4.The above are to be deemed a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
9.5.Our failure to exercise any right given to us by means of the present Terms and Conditions, or to insist upon strict compliance by you with any obligation as found herein, and no custom or practice as may be adopted by the us shall be deemed to constitute any waiver of our rights under the Terms and Conditions. Waiver by the us of any particular default by you shall not affect or impair our rights in respect of any subsequent default of any kind by you nor shall any delay by or omission on our part to exercise any rights arising from any default by you affect or impair the our rights in respect of the said default or any default of any kind.
9.6.If any item or provision contained in these Terms and Conditions or any part thereof (in this Clause called the “offending provision”) shall be declared or become unenforceable, invalid or illegal for any reason whatsoever the other Terms and Conditions shall remain in full force and effect as if these Terms and Conditions had been executed without the offending provision appearing herein.
9.7.All conditions, rights or obligations found in these Terms and Conditions shall be construed as express resolutive conditions, and hence any violation of such will lead to an ipso iure absolute forfeiture of your rights under these Terms and Conditions, bringing about the dissolution and the termination of the same in our favour but without prejudice to the payment of any damages, or any other monies or receivables
which may be due to us by you.
9.8.It is hereby agreed that these Terms and Conditions are the sole source of the both our and your respective rights and obligations and that these supersede and have supremacy over any other agreement, verbal or otherwise, which is already in existence or which may be made.
9.9.Nothing in these Terms and Conditions shall be deemed as negatively impacting your rights under all applicable domestic and international laws
9.10.You may not assign this agreement without our written consent.
9.11.Any dispute, litigation, or matter relating to these Terms and Conditions shall be adjudicated by the Courts of Malta in accordance with the laws in force in Malta at the time of the signing of this Agreement.