Terms & Conditions
These terms and conditions together with the order form and our order acknowledgement are the basis on which we will supply to you our goods (“Goods”) and thus form our contract with you and are binding on you.
These conditions shall govern the agreement between us and you to the exclusion of any other terms or conditions unless we have expressly agreed to vary these conditions in writing. These conditions supersede all previous terms and conditions and shall replace any terms and conditions previously notified to you by us.
Please read these terms carefully and ensure that they only contain conditions you are prepared to agree to, before ordering any Goods from us.
By ordering any of the Goods, you agree to be bound by these terms.
In particular we highlight clause eleven (11) hereunder where we limit our liability in your regard.
1 INFORMATION ABOUT US
1.1 The Goods are provided by Platterbox Limited (“we/us/our”).
1.2 We are registered in Malta, with company number C-106471.
1.3 You may contact us by sending us an e-mail or by using the ‘Contact us’ option on our website.
1.4 The “Goods” we are providing under this contract consist of the products available on this website (the “Website”).
2 YOUR STATUS
2.1 By placing an order with us, you warrant that:
2.1.1 You are legally capable of entering into binding contracts;
2.1.2 If you are a Consumer (i.e. you are not a trader or a commercial entity), you are at least 18 years old;
2.1.3 The information you provide to us during the process of placing an order for Goods is accurate, complete and not misleading.
3 OUR RELATIONSHIP
3.1 By placing your order with us you acknowledge that you are importing the Goods into your country of residence and you undertake to abide by all applicable local regulations concerning that importation. We undertake to supply the Goods to you on this basis and according to these terms and conditions.
3.2 These terms and conditions apply to all sales of Goods provided by us to you.
3.3 A sale order is concluded once payment is approved through our payment gateways.
3.4 No contract for the supply of Goods (“Contract”) will come into existence until we send you an order confirmation, confirming the order you would have placed through the Website and confirming that the order can be fully delivered. If the order cannot be fully delivered, we will deliver the items that are available. All this will be confirmed to you via e-mail. Therefore please ensure that an accurate e-mail address is supplied.
3.5 You must ensure that the terms of your order and any applicable specification and details given, including the delivery address, are complete and accurate.
3.6 These terms will be incorporated in the Contract to the exclusion of all other terms and conditions. They supersede all prior dealings, negotiations, representations or agreements between us in respect of the subject-matter of the Contract whether written or oral.
3.7 No variation or amendment of this Contract will be valid unless in writing and signed by you and our authorised representative.
4 GOODS
4.1 The photos, images and illustrations of the Goods on the Website or otherwise are for illustrative purposes only and are intended only to present a general idea of the Goods described in them.
4.2 We reserve the right to deliver Goods of a modified design provided that any difference does not make the Goods unsuitable for any purpose you have made known to us.
4.3 The Goods will conform in all material respects with any specification and description provided to and accepted by us. We reserve the right to amend any design or specification without prior notification provided that it does not adversely affect the performance of the Goods.
4.4 We cannot guarantee that the appearance and/or colours of Goods shown on the Website or otherwise exactly reproduces the appearance and/or colours of the physical Goods themselves.
4.5 All Goods supplied by us are subject to availability. We reserve the right in the event that we cannot supply you with the Goods that you have ordered, to refund you the money.
5 PRICES
5.1 Subject to clause 5.2, the price you pay for our Goods is the price displayed on the Website at the time we receive your order. All prices are correct at the time of purchase and are confirmed with an order confirmation email. Previously viewed prices via cookies on your computer will not be honoured and requests to do so will be refused.
5.2 While we try and ensure that all the prices on our Website are accurate, some prices may be incorrectly listed. If we discover an error in the price of the Goods you have ordered we will inform you as soon as possible and offer you the Goods at the correct price. We are under no obligation to provide Goods to you at an incorrect, lower price, even after we have acknowledged your order or despatched the Goods. If we cannot contact you, we will treat the order as cancelled. If payment has been made and you wish to cancel your order, you will receive a full refund of the price paid.
5.3 We list prices as inclusive of VAT. All prices are exclusive of any other sales tax or duty that may be applicable which will be payable in addition to the price unless otherwise stated.
5.4 The price displayed on the Website represents the purchase price of the Goods from the suppliers, the transportation costs from the suppliers to our collaborator’s warehouse in USA and Europe from which the products are shipped, the packaging costs as well as the costs incurred in transporting the Goods to your country of residence upon your Order amongst other factors.
5.5 The price displayed on the Website does not include the price for the delivery of the Goods to your home address. Such price shall vary according to the type and quantity of the Goods ordered, and will be indicated to you when you proceed to checkout from the Website.
5.6 The prices displayed on this website may be altered at any time without notification to take into account any increase in our costs (including but not limited to the cost of materials, labour, transport or other overheads, any tax, duty or variation in exchange rates).
6 PAYMENT
Payment for the Goods must be effected through our specified payment gateway upon the placement of the online order. No other payment method will be accepted.
7 DELIVERY
7.1 We will use all reasonable endeavours to deliver the Goods to you within the time frame indicated on the Website.
7.2 If, upon delivery, you claim that any Goods have been delivered damaged or do not materially comply with their description on the Website, you shall immediately voice your complaints to us and we will, at our discretion, replace such Goods or refund the price paid for such Goods if your complaints are deemed to be reasonable.
7.3 It is your responsibility to provide us with the correct delivery address and we shall not be responsible for any failure in delivering the Goods caused by incorrect or incomplete address details. Any re-delivery of the Goods (following unsuccessful delivery due to incorrect or incomplete address details) shall be at your own charge.
7.4 Our liability for non-delivery of the Goods for whatever reason will be limited to, at our discretion, a refund of the purchase price paid or delivery of the Goods at a later time that is notified to you by email.
8 RISK AND TITLE
8.1 Risk in the Goods passes when they are delivered to you.
8.2 We will transfer only such title or rights in respect of the Goods as we have and if the Goods are purchased from a third party we will transfer only such title or rights as that party had and has transferred to us.
9 WARRANTY
9.1 If Goods become faulty during the period of the Warranty for reasons unconnected with your acts, omissions, or misuse of the Goods, you must notify us in writing by sending an email to returns@platterbox.com (including a description of the fault) and return such Goods to us. Such Goods shall be returned to the manufacturer for review and testing. Based on the manufacturers’ opinion and further subject to clause 9.4 and 9.5, we will repair or (at our sole option) replace such Goods with the same or superior Goods, without charge or choose not provide any of the aforementioned. The manufacturer’s opinion shall be final and binding and we shall have no further liability to you.
9.2 Your sole remedy in respect of a failure of the Goods to comply with the Warranty is as set out in the Warranty Conditions.
9.3 We will be afforded reasonable opportunity and facilities to investigate any claims made under the Warranty and you will if so requested in writing by us promptly return any Goods that are the subject of any claim and any packing materials securely packed and delivered to us for examination.
9.4 We will have no liability with regard to any claim in respect of which you have not complied with the claims procedures in the Warranty Conditions.
9.5 The above warranty is given by us subject to us having no liability in respect of any defect arising from wear and tear, wilful damage, negligence, tampering of the Goods, incorrect fitting of the Goods by you and/or a third party, abnormal working conditions, failure to follow our and/or the Goods’ manufacturers’ instructions (whether oral or in writing), misuse or alteration or repair of the Goods without our approval.
10 RETURNS AND REFUNDS POLICY
10.1 When you return Goods to us:
10.1.1 Which are incorrectly supplied and/or are returned as new in their original packaging, these items shall be refunded, exchanged or replaced if they are returned within 15 days of date of purchase of the Goods and proof of purchase (in the form of our invoice) is supplied; and
10.1.2 For any other reason, we will examine the returned Goods and will notify you in writing or via e-mail within a reasonable time of the refund (if any at all) to which you are entitled. We will usually process the refund due to you as soon as possible thereafter. For any entitlement of a refund to be due to you, the returned Goods must be in the same condition in which you received them with the original packaging and the product documentation. The Goods must not have been used and must not have been removed from the sealed packaging if applicable. Goods returned to us because they fail to comply with the Warranty will be refunded in accordance with the provisions of the Warranty Conditions.
10.2 Orders accepted by us are cancellable and refunded only at our sole discretion.
10.3 Exchanges are not accepted.
10.4 The procedure to be followed when returning an item is as follows:
10.4.1 You are to send an email to returns@platterbox.com explaining the nature of the damage, and providing photos clearly identifying the damage and where it is located.
10.4.2 Once we receive your email, it will be processed and we will respond by providing you with further instructions, including how and where you need to return the item.
11 LIMITATION OF LIABILITY
11.1 Subject to the provisions of these terms, the following provisions set out the entire financial liability of us (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of:
11.1.1 Any breach of these terms; and
11.1.2 Any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
11.2 All warranties, conditions and other terms implied by law (including any warranty against latent defects or warranty for fitness of purpose) are, to the fullest extent permitted by law, excluded from the Contract.
11.3 Nothing in these terms excludes or limits our liability:
11.3.1 For death or personal injury caused by our negligence;
11.3.2 For matters clearly identified in the Consumer Affairs Act;
11.3.3 For fraud or for fraudulent misrepresentation; or
11.3.4 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
11.4 Subject to clause 11.3, we will not be liable to you for:
11.4.1 Any indirect or consequential, special or punitive loss, damage, costs or expenses;
11.4.2 Loss of profit;
11.4.3 Loss of business;
11.4.4 Loss of income or revenue;
11.4.5 Loss or corruption of or damage to data;
11.4.6 Waste of management or office time; or
11.4.7 Depletion of goodwill.
11.5 Subject to clause 11.3, our total liability to you under or connected with these terms will not exceed the price payable for the Goods for any one event or series of connected events.
12 FORCE MAJEURE
12.1 We will not be liable for any failure in the performance of any of our obligations under the Contract caused by factors outside our control. These may include, but are not limited to natural disasters (fire, storms, floods, pandemics), governmental or societal actions (war, invasion, civil unrest, labour strikes), and infrastructure failures (transportation, energy).
13 LAW AND JURISDICTION
13.1 This Contract will be governed by the laws of Malta and you consent to the sole and exclusive jurisdiction of Maltese Courts and competent Maltese Tribunals in all matters regarding it.
14 NOTICES
14.1 Any notice given under this Contract will be in writing and may be served personally, by registered or recorded delivery mail by email (evidence confirming the same by post) or by any other means which any party specifies by notice to the other.
14.2 Each party's address for the service of notice will be:
14.2.1 Us - the address specified in clause 1.2 or such other address and email address as we specify by notice to you; and
14.2.2 You – the address and email address given to us at the time an order is placed with us.
14.3 A notice will be deemed to have been served: if it was served in person, at the time of service, if it was served by post, 48 hours after it was posted and if via email once it has been transmitted.
15 GENERAL
15.1 Each of our rights or remedies under the Contract is without prejudice to any other right or remedy that we may have whether under the Contract or not.
15.2 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it will to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision will continue in full force and effect.
15.3 Failure or delay by us in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of our rights under the Contract.
15.4 Any waiver by us of any breach of, or any default under, any provision of the Contract by you will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract.