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Terms and Conditions

Terms and Conditions


Welcome to our website - www.etheuma.com (the "Site").

By accessing this Site and /or by placing an order, You accept these terms and conditions (the "T&Cs") in full together with the documents referred to within them. If You do not agree to be bound by these T&Cs, You
must not use this Site.

This Site is provided solely for Your personal use. You may not use this Site for any commercial, illegal or unauthorized purpose. Kindly note that You must be 18 years or over to use or purchase goods from this Site.
By using this Site, You warrant and represent that You are at least 18 years of age.

The following T&Cs apply to the use of the entire Site and/ or all orders placed by a customer or user of the Site ("You" or '"User") with E. Theuma & Company Ltd. ("We", "Us" or "Our"), for all products displayed on this Site.

Please review our PRIVACY POLICY, which forms an integral part of these T&Cs and governs Your visit to the Site.

While We look forward to offering all our customers an unparalleled class service, please do read these T&Cs carefully
as they contain important information about Your order and use of the Site.

 

  1. About Us

 

The Site and online shop is owned and operated by E. Theuma & Company Ltd, a company registered under the laws of Malta with company registration
number C 49198. Our registered address is Theuma House, 302, St. Paul Street, Valletta, Malta. Our VAT registration number is MT19793509.

Our contact details are set out in Section 4 below.

 

  1. Eligibility

 

To be eligible to purchase goods on this Site You must: (a) be 18 years of age or older; (b) register on the Site; and (c) be the holder of a valid PayPal account or credit card.

 

  1. Product Information

 

Every care has been taken to ensure that the photographic representation, description and specification of each product is accurate. However, while the reproduction of colours is a close representation, a slight variation in the actual goods may be visible. We are therefore unable to guarantee that the product images on the Site are an accurate representation of the actual merchandise.

We strive to be as accurate as possible in all details, descriptions, images and prices of products appearing on the Site. However, to the extent permitted by law, We do not warrant that the product descriptions, colours or other content available on the Site is accurate, complete, reliable, current or error-free.  

All items shown on this Site are subject to withdrawal at any given time in accordance with section 12 of these T&Cs.

 

  1. Customer Service

 

In case of any queries, please feel free to contact Us on the hereunder details:

For any queries please send an email to info@etheuma.com or call our customer service department on 00356 21234075.

Kindly note that our customer service department is open Monday to Friday (excluding Public Holidays) from 08:30 till 17:00.

Kindly note that opening hours during the month of August are from 8:30 till 13:45.

 

  1. Placing an Order & Payment Methods

 

You can place an order through this Site or via telephone by contacting the customer service department.

Online payment can be affected via PayPal or credit card. After You select Your products, You may "Check Out" with Your desired payment option. Once payment is finalized and received, We will contact to You to confirm Your purchase and delivery details for Your order.

If a product is not in stock, You will be informed by email or telephone and refunded via Your chosen payment method.

Unless We have notified You that Your order was not accepted, or was cancelled, or if You cancelled Your order in accordance with the 'Cancel Your Order' section on this Site, then upon delivery of the goods any obligations arising from the contract of sale entered into between You and Us shall be deemed to be fulfilled and such contract shall be deemed to be concluded for all intents and purposes.

For the avoidance of doubt, the processing of Your payments and/or acknowledgment of Your order does not render the contract concluded and the obligations therein fulfilled.

A VAT invoice will be sent together with Your ordered items, unless otherwise instructed by You.

If You require any information regarding Your order/s, please contact the customer service department on the details provided in section 4 of these T&Cs.

We reserve the right to decline Your order if (i) an item You have ordered is out of stock; (ii) We are unable to obtain authorisation for Your payment; (iii) We suspect fraudulent activity or violation of these T&Cs (including our Privacy Policy); or (iv) We identify a product or pricing error.

If We are unable to fulfil Your order following our order acknowledgment, We will contact You by email or telephone advising You of this.

 

  1. Cancel Your Order

 

We reserve the right to cancel any orders up to the point of delivery for products that have been listed at an incorrect price, rebate or refund, or contain incorrect information or typographical errors, or are unavailable for whatever reason. We retain this right regardless of whether the order has been confirmed, or whether payment has been processed. If Your account has already been charged for the purchase and Your order is cancelled, We will issue a refund or credit Your account in the amount of the charge.

It is not possible to cancel Your order online, but You may contact the customer service department for assistance. If it is too late and Your order is already on its way, You can still return it in accordance with our returns policy and procedure. Please be advised that You cannot cancel an order of unsealed products for health protection and / or hygiene reasons. Please refer to the list of goods which cannot be exchanged in section 11 below.

 

  1. Title to Goods

 

We will retain legal ownership of the goods until the time of delivery, upon which legal ownership will be vested in You. Legal ownership of the goods will immediately revert to Us if We refund any such payment to You.

 

  1. Risk of Loss

 

Risk for loss, deterioration and/or damage shall be borne by Us until You (or a carrier commissioned by You) acquire physical possession of the ordered items, following which such risk will be transferred to You.

 

  1. Delivery

 

Orders must be placed by not later than 12:00 CET for orders to be processed on the same business day, otherwise it will be processed the next day. Processing time usually takes 1-2 business days. Delivery times are based on orders placed between Monday to Friday (excluding public holidays). For local deliveries between 1-3 business days, and for international deliveries between 5-10 business days.

Local Customers (Malta and Gozo)

Once We accept an order, delivery will take place either via:
(i) Malta Post letter / parcel post, or
(ii) E. THEUMA delivery services.

In the latter case, delivery is confirmed once You are contacted by Us via email or telephone and delivery arrangements have been agreed. It is important that You provide Us with a valid contact number.

Delivery charges will be added to orders amounting to less than €50.00. The delivery charge is €25.00 and will be added to Your total bill once the purchase is concluded. For orders of €50.00 or more, delivery is free of charge.

 

International Customers

Once We accept an order, delivery will take place either via:

  • Malta post letter/parcel post; or
  • international courier;

 

subject to relevant costs and charges which shall be borne solely by You.

 

  1. Items not Received

 

In the event that the goods dispatched by Malta Post or an international courier, as the case may be, are not received by You, We will be unable to refund You before 30 days have passed from the date of dispatch. If You still have not received Your order after this time, please contact our customer services department for assistance.  Please note that after 3 months from the date of purchase, a refund would not be possible.

 

  1. Refund & Returns

 

If You decide to cancel an order after We have dispatched the ordered items, You must return the ordered items to the postal address provided at Your own risk. Costs of delivery of returned items will be borne solely by You. All products must be returned within thirty (30) days after the date of delivery. Until such time as the ordered items are returned, You must retain possession of such items and take reasonable care of them. The ordered items must be returned in the same condition in which You received them together with the original packaging and paperwork (except to the extent necessary to examine them).

After You have cancelled Your order and returned the ordered items as specified above within the thirty (30) days from the date of delivery We will refund in full any sum debited by Us, except for any delivery charges incurred by us, as the case may be. We will notify You of Your refund via email or telephone within a reasonable period of time. Refunds of products purchased as gifts can only be affected to the Paypal account, or credit card, of the person who placed the original order. We endeavour to process any such refunds as soon as practicably possible and, in any case, within forty (40) days from the cancellation of Your order.

Please be advised that any unsealed products may not be returned due to health protection and hygiene reasons.

If any of the products purchased are damaged, incorrect or faulty upon delivery, You must notify Us within five (5) days from the date of delivery, and We may offer, depending on the circumstances, either a refund, replacement of the product or a credit note, in accordance with Your legal rights. If a product is faulty or damaged, You must return the product in accordance with the returns policy and procedure set out above. If You have any questions regarding returns, please contact our customer service department.

Returns can be made via any one of our E. Theuma outlets on presentation of a E. Theuma invoice (provided on delivery of product/s) and as specified above.

PLEASE BE ADVISED THAT THE FOLLOWING PRODUCTS CANNOT BE RETURNED NOR EXHCNAGED:  

  • Gold leaf;
  • Paladium leaf;
  • Platinum leaf;
  • Silver leaf;
  • Aluminium leaf;
  • Imitation gold leaf; or
  • Any other leaves.

Our policy on refunds, returns and cancellations does not affect Your statutory legal rights.

 

  1. Right of Withdrawal

You have the right to withdraw from this contract within fourteen (14) days without giving any reason.

 

The withdrawal period shall expire after fourteen (14) days from the day on which You acquire, or a third party other than the carrier and indicated by You acquires, physical possession of the good/s.

 

To exercise the right of withdrawal, You must inform Us, E. Theuma & Company Ltd of Theuma House, 302, St. Paul Street, Valletta, Malta, either via telephone on 00356 21234075 or email on info@etheuma.com, of Your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email). You may use the attached model withdrawal form, but it is not obligatory.

 

To meet the withdrawal deadline, it is sufficient for You to send Your communication concerning Your exercise of the right of withdrawal before the withdrawal period has expired.

 

If You withdraw from this contract, we shall reimburse to You all payments received from You, including the costs of delivery (with the exception of the supplementary costs resulting from Your choice of a type of delivery other than the least expensive type of standard delivery offered by Us), without undue delay and in any event not later than fourteen (14) days from the day on which we are informed about Your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as You used for the initial

transaction, unless You have expressly agreed otherwise; in any event, You will not incur any fees as a result of such reimbursement.

 

Provided that, We may withhold reimbursement until the goods have been returned to Us or You have supplied evidence of having sent back the goods, whichever is the earliest.

 

You shall send back the goods or hand them over to Us at E. Theuma & Company Ltd, Theuma House, 302, St. Paul Street, Valletta, Malta, without undue delay and in any event not later than fourteen (14) days from the day on which You communicate Your withdrawal from this contract to Us. The deadline is met if You send back the goods before the period of fourteen (14) days has expired.

 

You will have to bear the direct cost of returning the goods.

 

  1. Pricing Policy

 

All prices displayed on the Site are indicated in Euro and include applicable Malta VAT rates of 18%. Delivery charges (where applicable) are not included in the indicated price but will be added to the total amount once You have selected a preferred delivery option.

Prices for Our products are subject to change without notice.

Although We try to ensure that the prices displayed on the Site are accurate, errors may sometimes occur. If We discover an error in the price of an item You have ordered, We will contact You as soon as practicably possible. You will have the option to reconfirm Your order at the correct price, failing which it will be cancelled.

We endeavour to ensure that all goods on the Site are available at the same price as that in Our outlets. However, from time to time we may offer additional discounts for online purchases that would not apply in store or vice versa. Additionally, items offered as sets on the Site may not be offered as part of a set within the store, and individual prices may apply.

 

  1. Intellectual Property

 

Unless otherwise stated, E. Theuma and/or its licensors own the intellectual property rights in the Site and material on the Site including all text, graphics, logos, button icons, images, data compilations and software used in connection with the Site. The trademarks, logos and service marks displayed on the Site are the registered and unregistered marks of E. Theuma. All other trademarks not owned by E. Theuma that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Us.

  1. Acceptable Use of this Site

 

You may not use the Site or its contents:

 

  • for commercial purposes;
  • for resale purposes including the systematic extraction and/or re-utilisation of any part of the contents of the Site (e.g. item listings, descriptions, prices);
  • to download (other than page caching) or modify the Site, or any portion of it
  • to interfere with or disrupt any network or website connected to the Site or gain unauthorised access to other computer systems;
  • to interfere with the enjoyment or use of the Site by any other person;
  • in any way that causes, or may cause, damage to the Site; or
  • for any purpose which is unlawful, illegal, fraudulent, or harmful or in any similar purpose or activity.

 

In addition, You may not, in relation to the Site, use any:

 

  • data mining, robots, or similar data gathering and extraction tools;
  • framing techniques to enclose the trade marks, logos and other proprietary images, text layouts and formats which we use on the Site;
  • meta tags or any other “hidden text” which uses our name or trademarks.

 

Using the Site does not give You permission to link to it or to use any of the trademarks, designs, get-up and/or logos contained within it.

 

You must not transmit through or to the Site any defamatory, threatening, obscene, distressing, harmful or pornographic material or material which may infringe upon the rights of others (including intellectual property rights, rights of confidentiality or rights of privacy) or which does not comply with all relevant laws.

 

You must not conduct any data collection activities on or in relation to this Site without Our written consent.

 

You must not use this Site to transmit or send unsolicited commercial communications.



  1. Third Party Links

 

This Site may include links to third party web sites (“Third Party Site(s)”) from time to time. You acknowledge and agree that we will not be responsible for the availability of such Third Party Sites and will not be responsible or liable for any content or services available from such Third Party Sites. You should check the privacy statements and terms and conditions of use of Third Party Sites accessible from this Site.

 

  1. No Warranties

 

We do not represent or warrant that the material contained in the Site, any of the functions of the Site 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 Site is provided “as is”, and accessing the Site is entirely at Your own risk.

 

  1. Limitation of Liability

 

We do not accept liability for any direct, indirect, special or consequential loss or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contacts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations apply even if We have been expressly advised of the potential loss.

 

Nothing in this Site disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.

By using this Site You agree and accept the exclusions and limitations of liability set out above.

Our maximum liability shall be limited to the total amount paid by the User for the product/s bought from Us for each separate transaction.

 

  1. Indemnity

 

You hereby indemnify and hold Us harmless and undertake to keep Us indemnified and held harmless against any losses, damages, costs, liabilities and expenses (including without limitation to legal expenses and any amounts paid by Us to a third party in settlement of a claim or dispute on the advice of Our legal advisers) incurred or suffered by Us arising out of any breach by You of any provision of these T&Cs, or arising out of any claim that You have breached any provision of these T&Cs.

 

 

 

 

  1. Breaches of these T&Cs

 

Without prejudice to any other rights or remedies available to Us under these T&Cs or at law, if You breach these T&Cs in any way, We may take such action as We deem appropriate to deal with such breach.

If You default in any of the obligations set out in these T&Cs (including our Privacy Policy), You shall be liable for all the losses and damages that this may cause to Us.

 

  1. Your Account Details

 

You warrant that the personal information which You are required to provide when You register as a customer is true, accurate and current in all respects. Please refer to our Privacy Policy regarding the treatment of Your personal information.

You are responsible for maintaining the confidentiality of Your account and password and for taking all reasonable measures to prevent unauthorised access to Your account. You agree to accept responsibility for all activities that occur under Your account or password. If You have reason to believe that Your password has become known to third parties or is likely to be used in any way that is unauthorised by You, You should contact our customer services department immediately. If You forget Your password, we will reset it upon Your request and send it to the email address, which You specified upon registration.

Your account can be cancelled by contacting our customer service department.

We reserve the right to refuse service and/or terminate accounts, without prior notice, if You violate these T&Cs, or if We decide, in our sole and absolute discretion, that it would be in Our best interest to do so.

 

  1. Miscellaneous

We reserve the right to amend, change and revise the Site and correct or update information (including goods information) without notice.

 

We reserve the right to vary these T&Cs from time to time, without notice, where we consider it reasonable and necessary to do so.

 

Our new terms will
be displayed on the Site and by continuing to use and access the Site following such changes, You agree to be bound by any variation made by Us.

It is Your responsibility to check these T&Cs from time to time to verify such variations.

 

If any term or conditions of these T&Cs is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable term or condition would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted and the rest of the term or condition will continue in effect.

 

Failure by Us to enforce a right or remedy does not result in a waiver of such right or remedy.

 

We may transfer, subcontract, assign, novate, or otherwise deal with Our rights and/or obligations under these T&Cs without notifying You or obtaining Your consent. Provided that, such transfer, sub contraction, assignment or novation does not reduce the guarantees or warranties contained herein and relating to the goods.

 

You may not transfer, sub-contract, assign, novate or otherwise deal Your rights and/ or obligations under these T&Cs.

 

These T&Cs (including the Privacy Policy) constitute the entire agreement between You and Us in relation to Your use of this Site and supersede all previous agreements in respect of Your use of this Site.

 

These T&Cs will be governed by and construed in accordance with the Laws of Malta.

 

Any claims, disputes or controversies relating to these T&Cs shall be referred to, determined and finally settled by arbitration at the Malta Arbitration Centre in accordance with the provisions of the Arbitration Act (Chapter 387 of the Laws of Malta) or of any other statutory enactment that may from time to time substitute, replace, amend or otherwise modify it.

 

Arbitration shall be conducted by a single arbitrator appointed by mutual agreement and, in the absence of agreement, such arbitrator may be appointed by the chairman for the time being of the Malta Arbitration Centre upon an application to such effect.

 

Any arbitral award shall be binding and final and shall be the sole and exclusive remedy relating to the dispute.

 

The language of arbitration shall be the English language.

 

 

  1. Updates

 

These Terms and Conditions were last updated on the 4 May 2023.

 

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