Terms and Conditions
CONDITIONS OF SALE
Nothing set out hereunder shall in any way prejudice or prevail over your Statutory Rights as a Consumer.
The following terms and Conditions shall govern all transactions, including on-line and physical sales, and usage of the Website, except as otherwise specifically stated in writing, and are made between Layer of Luxury (“the Seller”) and the Buyer (“the Buyer”), whose name and address is specified on a valid Order Confirmation Form.
- Clients means those individuals or companies that purchase Goods from the Seller
- Data Controller, Data Processor, Consent, Personal Data, Third Party and Special Categories of Personal Data all have the same meaning as given to these terms in Data Protection Law;
- Data Protection Law means the Maltese Data Protection Act 2018 and the General Data Protection Regulation and any other relevant legislation which is applicable during the term of this Agreement, in so far as the same relates to the provisions and obligations of this Agreement;
- Data Subject means an identified or identifiable person to whom Personal Data relates;
- General Data Protection Regulation (hereinafter referred to as the GDPR), means the Regulation (EU) 2016/679 of the European Parliament and of the Council of the 27th of April 2016 on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data which came into effect on the 28th May 2018;
- Goods means the products and services made available by the Seller to prospective and actual purchasers as listed on the Website;
- Order means a purchase made by the Buyer of one or more items of the Goods affected through the Website;
- Personal Data has the meaning applied to it as defined in Data Protection Law;
- Website means the internet web site found at layerofluxury.com established by the Seller to inform prospective and actual Clients about the Buyer’s Goods, promote the Goods, and process Orders and sales of the Goods, or any other web site established for this purpose.
- Unless otherwise agreed in writing by the Seller, these conditions shall override any terms or conditions stipulated, incorporated or referred to by the Buyer in their order or negotiations.
- The Seller will attempt, as far as possible, to comply with delivery dates provided. However, subject to Clause 6 below and not withstanding any delivery date mentioned in the contract, time shall not be of the essence so far as delivery is concerned.
- Where the Buyer order goods which, under the terms of the contract, are to be delivered over a specific period, on the expiry of that period any goods remaining undelivered will be delivered to the Buyer and invoiced in accordance with the terms stated when the contract was entered into but subject to Clause 22 below
- All quotations or price lists shown on the Website are made on the basis of prices subsisting on the day of the quotation, and the Seller reserves the right to amend the quoted price on the event of an increase in the cost of new materials, labour, overheads or other expenses of the Seller affecting the quoted price before the time of delivery.
- It is a term of this contract that the Buyer shall pay all sums due to the Seller when the order is placed and, if they fail to do so, the Seller may suspend deliveries until such payment is affected.
- Unless otherwise specified, the price quoted is for delivery of the work to the customer’s address as set out on the order or estimate. A charge may be made to cover any extra costs involved for delivery to a different address.
- Should expedited delivery be agreed, an extra charge may be levied to cover any additional costs involved.
- Delivery times are approximate and commence from confirmation of all order details and receipt of payment.
- Failure by the Seller to deliver within the time stated, shall not entitle the Buyer to any claim upon the Seller by reason of such a failure.
- Please note that late payment may cause a delay in the delivery of your order.
- Deliveries may be suspended pending strikes, lock-outs, industrial disputes, fire, stoppages of transport, force majeure, prohibition of export or import, government decrees of requirements, epidemics or pandemics, interruption to logistics and supply, war or any contingency of any kind whatsoever beyond the control of the Seller causing a short supply of labour, fuel or raw materials or otherwise howsoever impending or interfering with the manufacturer, use, delivery or carriage by land or by sea of goods of the description bought or sold. If any such suspension should continue for three months then the contract so affected may be determined, either at the option of the Seller or of the Buyer, provided that the Seller shall not be liable for any loss or damage caused by such suspension or determination or any consequential loss.
- Provided (i) that the Buyer has complied with the requirements as to notification contained in Clause 11 below specifying the matters complained of, including evidence to back their claim, and (ii) that the goods have been properly and correctly stored and/or used by the Buyer, and that such notification has been affected by the Buyer to the Seller within three days of receipt of the Goods, should the Goods, or any part thereof, be defective in quality or otherwise not in accordance with the contract, then, after the Buyer has afforded the Seller a reasonable opportunity of inspecting the Goods before they have been used or processed, if the Seller and the Buyer do not agree that the Buyer should accept the Goods at an agreed value or that the Goods should be made good at the Seller’s expense, the Seller undertakes to accept, as the Buyer’s sole remedy, a return of the relevant goods to the address as indicated in Clause 18 below and at the Seller’s sole option either to:-
- repay or allow the Buyer the invoiced price thereof; or
- replace them as soon as may be reasonably practicable.
- In either of (a) or (b) of Clause 1, this undertaking is given and shall be accepted by the Buyer in lieu of any other legal remedy.
- The Buyer accepts that delivery of the items on an Order may be made through a number of separate deliveries, in such a manner that the various deliveries made in respect of that Order will match the quantities ordered, including any modifications made thereto.
- Any discrepancies existing between the quantities and articles on an Order made by the Buyer, including modifications thereto, as compared to delivered on a cumulative basis of deliveries, are to be notified to the Buyer within three days of receipt of the last delivery making up the Order.
- If consignments are delivered damaged or with part contents missing, they must be signed for accordingly and notification sent to the Seller within three days of delivery.
- No responsibility will be accepted by the Seller in respect of complete non-delivery of the Goods on an Order unless the Buyer notify the Seller, within twenty-one days from the date of receipt by the Buyer of the Seller’s invoice.
- The Seller shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by the Buyer or any third party, as a result of or which may be attributable, directly or indirectly, to the Goods, or the use of the Website other than those imposed as a minimum by applicable law
- In the event of refusal by the Buyer to accept delivery, any storage of the goods at the Sellers premises (or elsewhere) will be at the expense of the Buyer and at the Buyer’s risk, and the Seller shall be entitled to charge the Buyer who shall pay such reasonable commercial rent for such storage as the Seller shall stipulate, but without prejudice to any other rights of the Seller under these conditions of sale or otherwise.
- An Order delivered to the Buyer can be returned to the Seller at the expense of the Buyer, in its original condition within fourteen days of the date of receipt, and a refund for the price paid for the Goods, excluding delivery, duties, taxes or other such charges will be affected to the Buyer’s within 5 days of receipt of the Goods.
- An Order placed by the Buyer can be cancelled or amended, provided that the order has not yet entered the dispatch process by notifying the Seller in accordance with Clause 11 below.
- Notices: any requirement for the Buyer or the Seller to give notice to the other in respect of any aspects of their relationship are to be affected by email to the other party, addressed to the last mail address recorded for the party or any newer address notified to the party.
- Intellectual Property
- All intellectual property related to the Goods including blocks, sketches, patterns and origination work remain the property of the Seller.
- All aspects of the Website including but not limited to the design, text, photographs, videos, graphics, applications, software, underlying source code and all other aspects, are the copyright of the Seller
- In accessing the Website, the Visitor agrees that any downloading of content is for personal, non-commercial use only and no part of the Website may be reproduced or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior permission of the Seller.
- The suitability of goods for any specific purpose cannot be guaranteed by the Seller.
- Whilst every effort will be made to supply material in accordance with the quality described, photographed or samples submitted or quoted for, the contract is not a contract of sale by sample.
- TITLE AND RISK
- From the time of delivery, the goods shall be at the risk of the Buyer who shall be solely responsible for their custody and maintenance as if he were the owner, but unless otherwise agreed.
- The goods shall remain the property of the Seller until the price has been paid in full. While in the ownership of the Buyer, the Buyer shall keep the goods separate and identifiable from all other goods in their possession.
- If the goods are converted into or incorporated with other products while in the ownership of the Buyer, then ownership in such other products shall vest in the Seller payment for the goods has been affected as outlined in clause 2.
- In the event of any resale by the Buyer of goods or products prior to payment for such goods, the beneficial entitlement of the Seller shall attach to the proceeds of such resale and shall be held for trust for the Seller.
- During such time as the Seller retains title to the goods, the Seller shall be entitled retake possession and reclaim the goods.
- Dimensions. All dimensions are subject to manufacturing tolerance. We accept no responsibility for goods supplied below nominal dimensions. Where dimensions are required to be exact, your order must state minimum size.
- Cancellation or amendment to order: Any costs incurred will be invoiced.
Payment terms: Strictly net and payable immediately. I reserve the right to charge interest on any late payments. Please note that late payment may cause a delay in the delivery of your order.
- Returns: In accordance with the European Directive on Distance Selling (Directive 97/7/EC), unwanted or unsuitable products may be returned at the Buyer’s sole expense, including all original packaging and labelling, to Layer of Luxury, 67 Bakery Street, Lija, LJA 1203 Malta or any other address indicated in writing by the Seller or as indicated on the Website, using a method of recorded delivery within fourteen working days of receipt as long as the Goods are returned in usable and re-sellable condition.
- Trademarks: The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this Website or any materials related to the Goods including packaging, correspondence, orders, invoices and promotional materials are trademarks of the Seller. Nothing should be construed as granting any licence or right to use any trademark without the prior written permission of the Seller.
- Import Regulations, duties etc.: The Seller shall not be responsible for any additional charges, taxes, duties, levies or any other imposed charges payable on goods entering any country and the payment of such charges would be the responsibility of the Buyer.
- Data Protection: the Seller agrees to store the Personal Data of the Buyer in accordance with Data Protection Law and in compliance with the then current Privacy Statement shown on the Website, which is subject to change.
- Web Site
- Whilst every effort is made to update the information contained on the Website, neither the Seller nor any third party make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, research information, data and/or content contained on the website and shall not be bound in any manner by any information contained on the Website.
- The Seller reserves the right at any time to change or discontinue without notice any Goods promoted on the Website or any other information on the Website.
- No information shall be construed as advice and information is offered for information purposes only.
- External links may be provided on the Website or other materials however:
- they are just for your convenience
- are recognised as being beyond the control of the Seller
- no representation is made as to their content.
- use or reliance on any external links and the content thereon provided is at the visitors’ own risk and the visitor using these links must refer to the terms and conditions of use of that external web sites for which the Seller provides no warranties.
- The Seller does not make any warranty or representation that information on the Website is appropriate for use in any jurisdiction and, by accessing the Website, the visitor warrants and represents to the Seller that they are legally entitled to do so and to make use of information made available via the Website.
- The Seller does not make any warranties nor is it not responsible for any material submitted to the public areas of the Website by any visitor and does not necessarily endorse, review or approve of such information and reserves the right to remove any material submitted or posted in the public areas, without notice, if it becomes aware and determines, in its sole and absolute discretion.
- The Seller may at any time modify any relevant terms and conditions, policies or notices and any visitor to the Website acknowledges that by visiting the Website from time to time, they shall become bound to the current version of the relevant terms and conditions (the “Current Version”) and, unless stated in the Current Version, all previous versions shall be superseded by the Current Version and the visitor shall be responsible for reviewing the then Current `version each time they visit the Website.
- Force Majeure: These terms & conditions, as well as any commercial arrangements arising out of the relationship between the Seller and the Buyer may be varied or cancelled by the Seller if they are affected by any Act of God, War, strike or other industrial action, lock out, fire, flood, drought, epidemic, pandemic, interruption to transport systems, tempest or any other cause beyond control of the Seller whether similar to the foregoing or not, or if the Seller shall for any reason be unable to procure materials or articles required for the performance of the contract.
- Severability: All provisions of any relevant terms and conditions, clauses, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any relevant jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only, and only to the extent that it is so unenforceable, be treated as invalid but the remaining provisions of these Terms & Conditions shall remain in full force and effect.
- Entire Agreement: These terms and conditions constitute the sole record of the agreement between the Seller and the Buyer as well as between the Seller and the visitor to the Website and shall not be bound by any express tacit or implied representation, warranty, promise or the like not specifically outlined herein.
- Waiver: No indulgence or extension of time which any party may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
- Assignment: The Seller shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
- Law: These conditions and all other expressed terms of the contract shall be governed and contracted in accordance with the laws of the Republic of Malta.
Copyright Notice Effective DATE January 12 01 2021
Copyright © www.layerofluxury.com 2021
All aspects of this web site – design, text, graphics, applications, software, underlying source code and all other aspects – are copyright Monique Chambers.
In accessing these web pages, you agree that any downloading of content is for personal, non-commercial reference only. No part of this web site may be reproduced or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior permission of the Website Owner. For rights clearance please contact us.
These Terms & Conditions are effective from 12/01/2021.