In this agreement (the ‘Agreement’) ‘Customer’ or ‘you’ means the person purchasing any item made available for purchase (the ‘Good/s’) from 420.MT (whether online via the website https://www.420.mt/ (the ‘Site’).
The Site is managed by Four Two Oh, a Maltese registered partnership bearing company registration number P2013 and with VAT registration number MT29089234 with its registered address at Penthouse, 83, Camilleri Building, Oratory Street, Naxxar, Naxxar (the ‘Seller’, ‘we’ or ‘us’).
2.1 On submission of an order for the purchase of Good/s and upon confirmation of the availability of the requested Good/s, we will provide you with an order confirmation. A contract is formed, and this Agreement comes into full force and effect upon receiving an order confirmation from us.
2.2 This Terms and Conditions Agreement shall constitute the entire terms and conditions of the agreement between the Seller and the Customer and the Goods purchased.
2.3 In the event that this Term and Conditions Agreement contains provisions which are contrary to the provisions set out in any other document, on any packaging or on any invoice or receipt, the provisions of this Agreement shall take precedence.
3. PRICES AND PAYMENT
3.1 All prices shown are in Euro (€). The Site will clearly indicate whether the Good/s displayed in store or online are inclusive of value added tax ‘VAT’ at the rate applicable by Maltese law.
3.2 Prices for our Goods are subject to market conditions and may therefore change without prior notice.
3.3 For purchases made online via the Site, purchase orders may only be submitted together with the online submission of payment.
4.1 We deliver to all localities in Malta and Gozo.
4.2 Deliveries for orders exceeding a total amount of One hundred euro (€100) will made free of charge. Unfortunately, it is not currently possible to combine separate orders once we have processed them, so you are requested to ensure that any changes necessary in order to increase the value of your basket to be eligible for free delivery are made before you confirm your order.
4.3 On delivery of the purchased Goods, the Customer shall be required to sign and confirm the delivery of the Goods by signing a copy of the purchase order provided by the delivery or courier service provider. Proof of identification of the recipient of the Goods may also be requested by the delivery or courier service provider.
4.4 Once dispatched, delivery will be made to the address specified in the order. Any subsequent redirection requests may be chargeable. If you are not available for delivery, cannot collect the Goods or if you are not able to pay a redirection, you shall inform us without undue delay, and we will contact you to establish another delivery appointment.
4.5 If despite a second attempt to deliver, the Customer fails to accept the purchased Goods, extra charges will be incurred by the Customer as from the third delivery attempt and the Company shall advise the Customer of the costs associated with re-delivery to be paid by the Customer.
4.6 If you are not in a position to accept delivery within fifteen (15) days from the agreed delivery date, the Company will have the right to cancel the order and this shall be without prejudice to our rights to be reimbursed for any other expenses incurred.
4.7 If we are not in a position to deliver the Goods within thirty (30) days from the agreed delivery date, the Customer shall have the right to terminate this Agreement and to a refund of the monies paid for the said Goods. No further damages may be claimed by the Customer from the Seller.
4.8 Deliveries are only made to ground floor and arrangements for lifters (if and when necessary) shall be done by and shall be at the expense of the Customer.
4.9 Once delivery has been made to your door you are solely responsible for them. A signature is required upon delivery.
Should you choose and arrange the method of delivery, this shall be at your own risk.
By placing your order with us, you are authorising us to accept a signature from another person on your behalf at your delivery address if you are not present at the time of delivery. Under exceptional circumstances, you may be able to give instruction explaining if and where you would like your order to be left if no one is expected to be present at the time of delivery, such as with a neighbour.
4.10 You must inspect all items and confirm on the delivery document if there are any shortages or damages. If there are any missing parts or damages you may inform the delivery person who will make a note on the delivery document. If however, you notice that the product is damaged after delivery has been made, without prejudice to your statutory rights, you are to notify us within 48 hours of the delivery being made. Such notice must be made by email and you must attach photos of the damages goods.
5.1 The title of the Goods shall pass to the Customer upon the payment in full of the price of the Goods.
5.2 Risk of damage to or loss of the Goods shall pass to the Customer or a third-party indicated by him/her at the time of delivery.
6. RESERVATIONS AND EXCEPTIONS
6.1 There may be slight variations between the final product and (i) the images shown on the Site; or (ii) particular showroom samples, with respect to finish, colour, tone, graining or precise measurements. Certain hand-made products are by their nature irregular and variations are typical and to be expected. 420.MT’s products will substantially conform with the descriptions however, the Company does not guarantee against wearing, colour, fading or minor variation in wave, colour, tone, graining or precise dimensions.
6.2 We attempt to post accurate information but errors may sometimes occur. Any such errors in product specifications, descriptions, and pricing will be corrected when they become known and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions, including after an order has been submitted.
6.3 If an error in pricing is discovered after your order has been submitted, we will inform you of the error at which time you may opt to cancel or reaffirm your order at your option.
6.4 The Company does not represent or warrant that the material and/or descriptions contained on the Site, that any of the functions of the Site and the servers it operates on, will be 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 any access of the Site is entirely at your own risk. Similarly, nothing on this website constitutes, or is meant to constitute, advice of any kind.
7. USE OF PURCHASED GOODS AND INDEMNITY
7.1 It shall remain the sole responsibility of the Customer to carefully read the instructions and to follow the guidelines set out on the user’s manual of each respective product before using and whilst operating the purchased Goods.
7.2 The Seller shall not be held liable for any future action, suit, proceeding, hearing, investigation, charge, claim or demand arising out of any injury to individuals or property as a result of the ownership, possession or use of the product sold, leased or delivered by the Seller to the Customer, except to the extent caused by the negligent acts or omissions or misconduct of Seller.
If you are not entirely satisfied with your purchase, we are here to help. All orders and/or purchase of Goods will be subject to the returns policy stated herein.
8.1 You have fourteen (14) calendar days from the Delivery Date to return any of the purchased Goods. You may submit a request to return your purchased items by sending an email to [email protected]. The Seller will seek to reply to your request as soon as reasonably possible.
8.2 Purchased Goods may be returned to us. Kindly email us at [email protected]. Alternatively, local collection for returns may be carried out at a charge.
8.3 On returning any of the purchased Goods, a copy of the receipt or proof of purchase shall also be presented by the Customer.
8.4 Returned Goods handed over to the Seller must be unused, free from any defects, in their original packaging and in a re-saleable condition. It is the responsibility of the Customer to take reasonable care of the Goods from the time that they are delivered until the time they are returned.
8.5 Once we receive your returned item, we will inspect it and we will notify you that we have received your returned Good/s. If your return is approved, we will initiate a refund to your credit card (or original method of payment) which refund will be received within a period of fourteen (14) days.
8.6 The Customer acknowledges and accepts that delivery costs are non-refundable.
9. OFFERS AND PROMOTIONS
Offers and promotions are only valid until stock lasts.
10. LIABILITY AND DEFECTS
10.1 Any claim for any defect in the quality or condition of the Goods shall be notified to the us in writing on [email protected] within a period of three (3) days from delivery. The notification shall contain a detailed description and photos of the alleged defect. Failure to notify the Seller of any defects within the time-frame stipulated above, shall be deemed as if the Goods were received in good condition and were accepted by the Customer.
10.2 In the case of defective Goods, the Company may, at its sole option, repair or replace the Goods free of charge or refund the price of the Goods. The foregoing shall be the Customer’s only and exclusive remedy in the case of defective Goods and the Company shall have no further liability to the Customer.
10.3 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.
10.4 Notwithstanding anything else stipulated in this Agreement, the Seller’s liability shall never exceed the price of the Goods which are the subject of the claim by the Customer.
11.1 The Goods offered for sale by the Seller are subject to the warranties and guarantees awarded by law.
11.2 The warranty shall not cover damage for which the Customer is responsible, for example, damage sustained due to high interior temperatures, intensive exposure to sunlight or artificial light, high voltages, natural wear and tear, damp or other temperature or weather factors or improper treatment. In the event of any fault or damage to the Goods, Customer must inform the Seller as soon as possible.
Amendments or modifications to the order and/or purchases of Goods will not be accepted following payment confirmation online.
13.1 Customers have the right to withdraw or cancel the order/purchase of Good/s for purchases made from a distance or off-premises purchases (online purchases) within fourteen (14) days from the order or purchase by informing the Seller in writing by emailing [email protected] with his/her decision to cancel and quoting the order number (if applicable) for cancellation.
13.2 The right of withdrawal shall not apply to the supply of any Goods which:
- are made to the specifications of the Customer or where these are clearly personalised;
- are liable to deteriorate or expire rapidly;
- are pre-ordered or on-order goods;
- are not suitable for return due to health protection or hygiene reasons and have been unsealed;
- are already in the process of being produced by our manufacturers (as the case may be); or
- have been collected or delivered (in which case the Returns Policy shall apply).
Without prejudice to our rights under this Agreement, if you are found in breach of any of the provisions set out in this Terms and Conditions Agreement, we take such action as we deem appropriate to deal with such breach. If you default negligently or wilfully in any of the obligations set out herein, you shall be liable for all losses and damages that such breach may have caused us.
15.1 We take the privacy of our customers very seriously and for this reason will do our utmost to ensure that personal information provided to us is kept confidential.
Failure by the Seller at any time to enforce any of the provisions of this Agreement shall not be construed as a waiver of any such provisions and shall not affect the validity of this Agreement or any part thereof, or the right of the Seller to enforce any provisions in accordance with its terms.
Should any provisions of these terms and conditions be held by any court to be invalid or unenforceable in whole or in part, the validity of the other provisions shall not be affected.
18. FORCE MAJEURE
Any delay, failure or performance or defective performance by the Seller shall not constitute a default or give rise to any claim so long as such failure is due to circumstances beyond the Company’s control or force majeure. “Force majeure” shall include but shall not be limited to the following unforeseeable events, namely; exceptional whether conditions, fire, strikes, epidemics, pandemics, shortage of energy or labour, industrial actions, compliance with any law or governmental order, rule, regulation or direction, machinery malfunctions, IT system disruptions or due to any health and safety measures strictly imposed by competent authorities in Malta which are beyond the control of the Seller and which result in the impossibility to perform the contractual obligations set out in this Agreement either temporarily or permanently.
19. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of Malta.
20. AMENDMENTS TO AGREEMENT
This Terms and Conditions Agreement may only be amended with the written consent of the Seller.
21. CONTACT US
In case of any queries, or should you require any assistance on your order, please feel free to contact us via e-mail on [email protected]
Our Customer Service Department is open Monday to Friday (excluding Public Holidays) from 10.00am till 4.00pm.
These Terms and Conditions were last updated on the 1st August 2022.