Terms and Conditions

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Terms and Conditions

 

TERMS & CONDITIONS

Please read these terms and conditions carefully before ordering any products from the websites. By accessing the website and placing an order you agree to be bound by these terms and conditions and the terms of use and privacy policy set out on the website.

If you have any questions relating to these terms and conditions please contact Målerås Gibraltar using our contact form before you place an order or call us on +350 200 51020

If you do not accept these terms and condition please exit the websites.

Information About Us

Welcome to the www.malerasgibraltar website.  These pages together with the documents referred to on it sets out the terms and conditions on which Målerås Gibraltar supply any of the products (the ‘Products’) listed on the website to you.  Please read these terms and conditions carefully before ordering any products from the website.   The Following terms and conditions apply to Målerås Gibraltar.  They relate to any online transactions on its website www.malerasgibraltar.com and also your use of the website.  By accessing the website and placing an order you agree to be bound by these terms and conditions and the terms of use and privacy policy out on the website,

The website is operated by BAM (Gibraltar) Ltd trading as Målerås Gibraltar whose registered office is at 11 Bomb House Lane, Gibraltar, GX11 1AA. Registration number 107605.   Its trading address is 202-204 Main Street, Gibraltar (the Gibraltar Store.

Målerås Gibraltar is a branded outlet store for Målerås Sweden. It is not a Franchised Business, but independent owned and managed in partnership with Målerås Glassbruk AB, Mackamålavägen 7, 380 42 Målerås, Sweden.  As a partnership, Målerås Gibraltar is independently responsible for its own legal and regulatory compliance and for the operation of its own stores(s) and all compliance and issues arising from any transactions with you, and/or products ordered by you from the website.  This means that Målerås Gibraltar is solely liable for all products at the Gibraltar Store.

Established in 1890, Målerås creates beautiful handmade designer art glass gifts, statues and wall art.    Using long established glass blowing and casting techniques, Målerås crafts unique crystal artwork under the guidance of its world acclaimed Art Director, Mats Jonasson.

Målerås Gibraltar is the trading name of BAM (Gibraltar) Ltd

Definitions

‘website’ means www.malerasgibraltar.com.

‘You’ and ‘Your’ refers to any visitor to the website and to the customers of Målerås Gibraltar.

‘we’, ‘our’ and ‘us refers to Målerås Gibraltar

‘The Gibraltar Store’ operating at 202-204 Main Street.

If you have any questions relating to these terms and conditions please contact Målerås Gibraltar using our contact form before you place an order, or call us on 200 51020.

If you do not accept these terms and conditions please exit the website.

Purpose

The purpose of the website is to provide a simple and convenient service to our Målerås customers linking them directly to the Gibraltar store.  Our interactive pages allow customers to fill their shopping baskets and at a simple click of a button, pay and checkout obtaining delivery of their goods direct to their homes.

Service Availability

Målerås Gibraltar offers a free delivery service throughout Gibraltar and a free postal service to Spain and the UK on all orders.   Målerås Gibraltar also provides a postal service to everywhere else in the world for a fee.   This fee will be quoted at time of order before you checkout.  Orders over £200.00 are free.  If you require express deliver (DHL/Fedex) please email the store on [email protected] for a quotation.

Your Status

  1. You are legally capable of entering into binding contracts; and
  2. You are at least 18 years old.

Our Status

We may provide links on the website to the websites of other companies, whether affiliated with us or not.  We cannot give any undertaking that any products you purchase from third party sellers through our websites, or from companies to whose website we have provided a link on the websites, will be of satisfactory quality and any such warranties are disclaimed by Målerås Gibraltar absolutely.  This disclaimer does not affect your statutory rights against the other third-party seller.

Placing an order

  1. Browse our products
  2. Click on any items you would like to buy. They will be added to your shopping basket.
  3. Click at any time View Basket to check your order.
  4. When you are ready to complete your purchases, View Basket and click Checkout the total to pay will include any shipping costs where applicable together with any discount for volume purchases.
  5. The Site will request on your personal details as well as the delivery address
  6. All amounts quoted on the website are in Sterling.
  7. We accept payment by credit and debit cards as well as PayPal
  8. If you are shopping from outside the UK, place your order and your credit card company will convert the transaction to your own currency.
  9. Your card will be authorized in real time and you will be given confirmation of a successful payment. Goods are shipped out immediately if they are in stock.
  10. After placing an online order via the website, you will be presented with a screen thanking you for your order and confirming your order has been received and accepted by Målerås Gibraltar (the confirmation screen).
  11. The contract will be between you and Målerås Gibraltar and will only be formed when you have been presented with the confirmation screen.
  12. You should also receive a confirmation email. Please make sure the email address you provide is correct and your mailbox is in proper working order, as all correspondence regarding your order is sent to this address.
  13. Incorrect personal details may lead to problems or delays in delivery, so please ensure that you have included your correct address (including Postcode), email address and contact telephone number when ordering.
  14. All deliveries are the sole responsibility of Målerås Gibraltar.
  15. We monitor our service very closely and it is of utmost importance to us that they comply with our Målerås brand standards and help us to maintain Måleras’s esteemed reputation. If you do have any questions, comments, complaints or praise regarding the products shown or ordered on the website, we would very much like to hear from you and you should direct all communication to us using our contact form.
  16. Please note that minimum delivery spends may apply. Målerås Gibraltar reserves the right to change their delivery policy and delivery pricing structure.

Products

All our products are subject to availability.

Availability and Delivery

We will do our best to fulfil your order in accordance with the delivery date and time set out in the confirmation email or within a reasonable time from the time the confirmation email was sent.  Se will inform you if there become any unexpected delays.  Where we use the Royal postal services, we can not accept any responsibility for delays, loss or damage.  Delivery is usually within 4-10 working days if the item is in stock, but please allow up to 28 days if you item is not in stock.

Cancellation

You have the right to cancel an order by telephone our store up until either

  1. In the case of any advance order (which is/are order(s) placed more than 1 working days before a requested dispatch date).  Anything outside of this will be at the sole discretion of Målerås, Gibraltar
  2. An order may be subsequently cancelled by Målerås Gibraltar, at its sole discretion, after you have been presented with the confirmation screen. Måleras Gibraltar reserves the right to cancel any order, before or after acceptance and will notify you immediately of any such cancellation.

You will not be charged for cancelled orders made in accordance with these cancellation provisions.  Any payment made prior to an order being cancelled by Målerås, in accordance with the above, will usually be reimbursed using the same method originally used by you to pay for your purchase.

Prices

All products shown on our website are in £ sterling (GBP) and we reserve the right to change any advertised prices at any time. You will be liable for any exchange rate charges made by your card provider.  VAT is not applicable in Gibraltar and therefore all products are sold VAT free by Målerås Gibraltar in its Gibraltar Store. Prices will vary between stores and are liable to change at any time, but changes will no affect orders placed where you have already check-out and been presented with the confirmation screen.  Despite our best efforts, some of the products listed on our websites may be incorrectly priced (either due to human or technical error).  Målerås Gibraltar will normally verify prices as part of the order process and the Målerås Gibraltar’s decision in relation to pricing is final and binding.

Protecting Your Privacy

We are committed to protecting your privacy. We will only use the information that we collect from you lawfully (in accordance with the Genera Data Protection Regulations May, 2018).  We collect information from you for two reasons: firstly to process your order and secondly to provide you with the best possible service.  We will not e-mail you in the future unless you have expressly given us your consent. We will give you the chance to refuse any marketing e-mail.  You will have the opportunity to unsubscribe after which we will not send you any more.

The type of information we collect about you includes: your name, address, phone number, and your e-mail address.  We do not collect or hold any credit/debit card information from you.  This information is tokenized by the payment gate and not shared.  We will never collect sensitive information about you without it being in your interest or without your consent. We will endeavor to make sure the information we hold on you is kept up to date, but you can check the information that we hold about you at any time by e-mailing us and requesting your details. If you find any inaccuracies we will delete or correct it promptly.

Payment Details 

All payments to Målerås Gibraltar are handled securely. All payments including all taxes, delivery, shipping and handling fees and can be made by most major credit or debit card. Payment will be debited from your account on receipt of your order or in at the point of collection (the store).  Payment is made direct to Målerås Gibraltar.

Our Liability

If we fail to comply with these terms and conditions we are responsible for loss or damage you suffer that is a reasonably foreseeable result of our breach of these terms and conditions or our negligence, strictly limited up to the amount of the purchase price paid by you for the products you ordered at the time.  However, Målerås Gibraltar is not responsible for any loss or damage that is not reasonably foreseeable.  Loss or damage is reasonably foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you purchased from our website.

We only supply the products for domestic, private and business use.  You agree not to use any product for any commercial or resale purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Målerås Gibraltar does not in any way exclude or limit its liability for:

  1. Death or personal injury caused by Målerås Gibraltar negligence;
  2. Fraud or fraudulent misrepresentation;
  3. Any breach of the terms implied by Section 14 of the sale of Goods Act (title and quiet possession;
  4. Any breach of the terms implied by Section 15 to 17 of the sale of goods act as applicable (description, satisfactory quality, fitness for purpose and samples.

Termination

We reserve the right to decline a new registration, terminate your right to link to the website under these terms and conditions, if we consider there to be a risk of liability or loss to us we may take any action deemed necessary to prevent such a liability or loss from occurring.

If we terminate your right to link to the website you must cease linking to the website immediately.  We reserve the right to assign or sub-contract any or all of our rights and obligations under these terms.

Written Communication

Applicable laws require that some of the information or communications we send to you should be in writing.  When using the website, you accept that communication with us will be mainly electronic.  We will contact you by email or provide you with information by posting notices on the websites.  For contractual purposes, 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.

Events Outside Our Control

We will not be liable or responsible for any failure to perform, or delay in the performance of, any of our obligations under a contract that is caused by events outside our reasonable control (a “force majeure event”).

A force majeure event includes any act, event, non-happening, omission or accident beyond both our reasonable control and includes in particular (without limitation) the following:

  1. strikes, lock-outs or other industrial action;
  2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
  4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  5. impossibility of the use of public or private telecommunications networks;
  6. the acts, decrees, legislation, regulations or restrictions of any government (including without limitation frontier closure, partial closure or delays attributable thereto); or
  7. non-performance by suppliers or subcontractors.

Waiver

If Målerås Gibraltar fails, at any time during the term of a contract, to insist upon strict performance of any of your obligations under any contract or any of these terms and conditions, or if Målerås Gibraltar fails to exercise any of the rights or remedies to which it is entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by Målerås Gibraltar of any default shall not constitute a waiver of any subsequent default.

no waiver by Målerås Gibraltar of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing (email correspondence will be permitted).

Severability

If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unfair, 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.

Entire Agreement

These terms and conditions and any document expressly referred to in them represent the entire agreement in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. we each acknowledge that, in entering into a contract, neither party has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions.  Neither party shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.

Our Right to Vary These Terms and Conditions

Målerås Gibraltar has the right to revise and amend these terms and conditions from time to time. any changes we make to these terms and conditions will be posted on this page. you will be subject to the policies and terms and conditions in force at the time that you order product(s) from Målerås Gibraltar, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority.

Warranties

We do not provide warranties in relation to products provided over and above its statutory obligation to provide goods of a satisfactory quality in accordance with the Sale of Goods Act 1994 as amended by the Supply of Good and Services Act 1994. This does not affect your statutory rights as a consumer.

Intellectual Property Rights

The rights in the designs and the content of this Website are owned Målerås Gibraltar.  They are protected by copyright and other intellectual property rights. You may not reproduce, modify, distribute, copy or display any part of this site without permission. All trademarks, company names, logos or product names featured on the website are the property of their owners.

Variation of Content

Målerås Gibraltar shall have the right in its absolute discretion at any time and without notice to amend, remove or vary any of the content supplied in connection with the Service or which appears on any page of the Målerås Gibraltar website.

Third Party Rights

No one other than a party to these terms and conditions shall have any right to enforce any of its terms and conditions.

Law and Jurisdiction

Contracts for the purchase of products through our website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Gibraltar Law. any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall

Queries

If you wish to discuss a matter with us, please e-mail [email protected] and we will make all efforts to respond to your e-mail within 5 working days.  Alternatively, contact Målerås Gibraltar on +350 200 51020 between 10.00 am – 5.30 pm Mon – Fri.

We reserve the right to alter these Terms and Conditions without notice.

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