For the purposes of this agreement, the following terms marked with initial capital letter have the meanings defined below:
- “Seller” means Take Off Limited, with registered office in Verdala Business Centre, Level 2, LM Complex, Brewery Street Mriehel. Birkirkara BKR3000, Malta (VAT: MT22311519);
- “Consumer” means any natural person who, in contracts covered by this agreement, is acting for purposes which are outside his trade, business, craft or profession;
- “Professional” means any natural person or any legal person who is acting for purposes relating to his trade, business, craft or profession;
- “Customer” means any natural person or any legal person who purchases the goods that the Seller is offering in sale through the Website. The Customer identifies with the owner of the user account of the Website;
- “Products” means all the goods that can be purchased through the Website following the checkout procedure provided by this agreement;
- “User Area”, means the part of the Website and any area in the other linked platforms (including the platform portal.bundlex.com) that can be accessed only through credentials associated with a valid user account.
3. Creation of a user account
The access to the Website and the transmission of purchase orders are subjected to the creation of a user account and its validation by the Seller.
The creation of a user account is allowed only to those Professionals who have a Tax Code, a VAT code or any similar code and whose activity is suitable with the purchase and selling of the Products commercialised through the Website.
During the user account creation flow, the user shall provide the invoicing data and all the information required for the account validation.
The Seller shall proceed to the user validation according to the information provided by the user, plus additional information. At its sole discretion, the Seller may refuse to validate a user account when the data collected are not sufficient to evaluate the trustworthiness of the user.
By way of example, the Seller will refuse the validation of a user account when:
- The data provided are false;
- The user is not a Professional;
- The user account is connected to a subject whose previous owned account has been deactivated for Fraud by the Seller.
- The user is located in one of the countries not covered by the service as of today: Afghanistan, Barbados, Belarus, Burkina Faso, Cambodia, Cuba, Fiji, Guam, Haiti, Iran, Jamaica, Jordan, Mali, Myanmar, Nicaragua, North Korea, Pakistan, Palau, Panama, Philippines, Samoa, Senegal, South Sudan, Syria, Trinidad and Tobago, Uganda, Vanuatu, Yemen, Zimbabwe
4. Deactivation of an user account
The Customer is entitled to request in any time to the Seller the deactivation or his account, following the procedure provided in the User Area.
The Seller is entitled to deactivate in any time a user account when it founds that:
- The user does not possess all the requirements for the validation of the account;
- if the payments sent by the Customer have not been successful or have been revoked or contested after sending the order confirmation or the goods;
- if the means of payment used by the Customer have been blocked, cloned or violated or if suitable elements emerge that make it doubtful that the payment has not been made by the holder of the means of payment;
- if the Customer has transmitted suspicious purchase orders, such as to induce a reasonable doubt that they are the result of abusive or fraudulent conduct, to be evaluated with consideration to the contents of the purchase orders and the context in which the orders were invited, including but not limited to: the type of products purchased, the frequency of purchases or the shipping address;
- if the Customer has in the past revoked the charges or requested refunds without adequate justification;
- if the Customer has abused the remedies provided by law or by the dispute mechanisms provided by platforms used in the execution of sales contracts, causing damage to the Seller.
5 Placement of purchase orders
5.1 Purchase from Website catalogue
To place an order via the Website the Customer shall:
- select from the Website catalogue the Products to be purchased and put them into the virtual chart. The insertion of the Products into the virtual chart does not oblige either party to conclude the sales contract until the checkout procedure is completed. The completion of the checkout procedure is conditional on the insertion of the cart with a number of goods at least equal to the price of 500 euros (excluding VAT and expenses);
- complete the checkout procedure, provide the invoicing details and the shipping address and choose a payment method. By clicking on the “CONFIRM AND PAY” button, the order will be transmitted to the Seller.
A purchase order placed through the Website shall not be binding for the Seller until he has confirmed it. In particular, an order confirmation is subject to the verification of the availability of the Products in the Seller’s warehouse, the complete payment of the order and the positive assessment of the order’s trustworthiness.
The Seller may reject an order:
- in case the Products ordered are no longer available in Seller’s warehouse;
- in case the payment has not been credited to the Seller within five banking days;
- in case one or more of the conditions provided in art. 4 occur.
If the checks on the order are concluded positively, the Seller will notify the Customer of the order confirmation in the User Area.
5.2 Purchase upon particular offer
Through the User Area, the Customer may ask the Seller for a particular offer to purchase the Products sold on the Website. The Customer must specify the articles required and the quantity to be purchased. The Seller will make a personalised that the Customer may accept through the User Area. An accepted offer will have the same effects as an accepted order.
The Terms and Conditions provided in this document will also apply to the sales of goods concluded upon accepting a particular offer unless otherwise agreed by the parties.
5.3 Order cancellation
The Seller shall unilaterally terminate a purchase agreement in all the cases that justify the refusal of an order. The Seller is also entitled to terminate a purchase agreement if the Products sold are no longer available or cannot be sold in the Country of delivery.
In this case, the Seller will refund the price paid by the Customer for the amount he effectively received.
5.4 Order fulfilment
The order will be classified as completed when the Products (or the last shipment) have been entrusted to the courier. The Seller will communicate the fulfilment of the order through a communication in the User Area.
6. Means of Payment
The following methods of payment are accepted:
- Credit/Debit card (VISA, Mastercard, AmEx and all the circuits available in the VivaWallet platform);
- Wire transfer;
- Discount codes / Coupon
The purchased Products can be shipped only to the Countries listed in the Checkout proceeding.
The Seller will ship the goods by express courier to the address provided by the Customer during the purchase procedure.
The Seller, at its discretion, may split the shipment into two or more consignments.
Shipping costs and all taxes, duties, and any other economic burden connected to the shipment remain the sole responsibility of the Customer.
The goods are considered delivered when the Seller entrusts the goods to the courier.
8. Discounts and promotions
If the Seller makes discounts and promotions on products sold on the Website, it will notify the conditions via the Site or the User Area. The Terms applicable to deals and promotions supplement these general conditions.
Unless otherwise indicated, discount, promotional codes, and vouchers given to the Customer through individual communication channels (e.g. e-mail or text message) are personal and cannot be transferred to third parties.
9. Support and claims
The Customer may request assistance and submit complaints about the Website and orders transmitted through the ticketing system available in the User Area.
The site manager undertakes to find complaints within three working days.
The Customer is entitled to make a return request, within 10 days of receiving the Products, in case:
- the delivered Products have the wrong size;
- the delivered Products are different from those that were ordered;
- the Products are damaged or faulty;
The Customer shall submit the return request through the User Area and provide all the required information to process the request and some photos of the Products. The products must be returned intact and with the original packaging.
The return is subject to the Seller’s authorisation. If the Seller accepts the return request, the Customer will be notified of all the information to proceed to the return. The Seller will bear the shipping cost for the return.
In case of return, the Seller will provide a refund in the form of a credit valid for 12 months. If requested by the Customer, the Seller will refund the sum paid by the Customer for the amount he effectively received by the same mean of payment.
A guarantee covers all the Products sold through the Website for defects or lack of promised quality within limits established by applicable law.
The Customer must notify the discovery of defects within six months of delivery of the Products through the User Area.
The Seller may request the sending of garments or samples at the expense of the Customer to ascertain the existence of the defect found.
If the defect is recognised by the Seller, the Customer will be entitled, at his choice:
- to return the purchased goods and obtain reimbursement of the price and expenses incurred for the return;
- to obtain a reduction in the price of the goods, which will be returned by the Seller by means of a voucher or refund.
12. Amendment of Terms and Conditions
The Seller reserves the right to modify the Terms and Conditions of the Website at any time by updating this page.
The changes to the general conditions, unless a later date is provided, govern all purchases made after their publication.
All purchases made previously will remain governed by the conditions in force at the time of purchase. The Manager undertakes to make the previous versions of the conditions of sale available by means of suitable tools.
13. Applicable law. Jurisdiction
These Terms of Sale are governed in all respects by the laws of the Republic of Malta, with exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
The competent courts of that same Country shall have exclusive jurisdiction in connection with any disputes arising out of a purchase made on the Website or any Product.
11/16/2022 3:35:47 PM