Last updated on: 30/01/2017
Access to and use of ‘decielis.com’ are regulated by these General Terms and Conditions of Use. Access to said sites and their use, like the purchase of products presented there, assume the reading, awareness and acceptance of these General Terms and Conditions of Use. This website is managed and maintained by Decielis Ltd with registered offices in (address in Malta), Tax Reg. Code 34160 VAT MT 2160-7009. ICON Studios Ltd. is a Data Processor in terms of the Data Protection Act of Malta and is responsible for certain data processing activities on the site.
- Modifications to the Terms and Conditions of Use
The Owner may modify or simply update, in whole or in part, these General Terms and Conditions of Use. The modifications and updates of the General Terms and Conditions of Use will be made on this same page and the ‘last updated on’ field label will be changed as soon as they have been made and will be binding from the moment of publishing on the website. Access to and the use of the site signify acceptance to the user Terms and Conditions of Use.
- Responsibility for Use of the Site
2.1 Access to and the use of ‘decielis.com’, including viewing the web pages, communication with the Owner, the possibility of downloading information regarding the products and the purchasing of goods on the website, constitute activities undertaken by the user exclusively for personal use, unconnected to any commercial, business or professional activity. The user is personally responsible for the use of ‘decielis.com’ and the site’s relevant contents. The Owner cannot be held responsible for any unlawful use of the site and the contents by any of its users, not limited to the responsibility for fraud and gross negligence. Specifically, the user will be exclusively responsible for communicating incorrect or false information and data, or data regarding third parties who have not expressed their consent, or incorrect use of information.
2.2 All material downloaded or otherwise obtained through use of the service is at the user’s choice and risk; moreover all responsibility for any damage to computer systems or loss of data resulting from downloading fall on to the user and the Owner will be indemnified. The Owner declines all responsibility for any damage arising from inaccessibility of the services on the site or any damage caused by virus, damaged files, errors, omissions, service interruptions, cancellations of the contents, problems connected to the network, to the providers or telephonic and/or electronic connections, unauthorised access, alteration of data, lost and/or faulty functioning of the electronic equipment of the user themself.
2.3 The user is responsible for the safe-guarding and the correct use of his own personal information, including those credentials that allow access to the restricted services, as well as any damaging consequence or detriment that may arise due to the Owner or third parties following incorrect use of, or loss or removal of the said information.
- Intellectual Property Rights
4.1 The contents of ‘decielis.com’, for example all works, images, photos, dialogues, music, sounds and videos, documents, designs, figures, logos and all other material, in any format, published on ‘decielis.com’ including the menus, web pages, graphics, colours, patterns, tools, characters and design of the website, diagrams, layouts, methods, processes, functions and software that make up ‘decielis.com’ are protected by copyright and by all other intellectual property rights of the Owner and other owners of the rights and constitute as intellectual works, protected in terms of the provisions found in the Copyright Act, Chapter 415 of the Laws of Malta. All reproduction, in whole or in part, in any form, of ‘decielis.com’ of its contents, without prior written permission by the Owner is forbidden and shall render any person guilty of this liable to the penalties established in terms of Maltese Intellectual Property and Copyright Law. The Owner has the exclusive right to authorise or forbid direct or indirect, temporary or permanent reproduction, in any way or form, in whole or in part, of ‘decielis.com’ and its contents.
4.2 Regarding the use of ‘decielis.com’, the user is solely authorised to view the website and its contents and to exclusively carry out any action that is considered integral and essential part of viewing ‘decielis.com’ and its contents and all functions on the website that may only be carried out for a legitimate use of the aforementioned pages and their contents. The user is not authorised to reproduce, any support form, in whole or in part of ‘decielis.com and its contents. Any reproduction must be, each time, authorised by the Owner or, if necessary, the authors of the individual works contained within the website. Said reproduction must in any case be carried out for lawful reasons and within respect of the copyright and the other intellectual property rights of the Owner and the authors of the individual works contained in the website. The authors of the individual works published on ‘decielis.com’ have the right, in any moment, to claim ownership of their works and to oppose any deformation, mutilation or other modification of the same works including any damage made to the works, which may jeopardize their honour or reputation.
4.3 The user undertakes to respect the copyright of those who publish their works on ‘decielis.com’ or who collaborate in any way with ‘decielis.com’ in the creation of any expressive or artistic form destined for publication, even those not exclusively for the website or that do not form an integral part of it.
Furthermore, the user is not, in any case, authorised to use, in any way or form, the contents of the website or any individual work protected by copyright or any other intellectual property right.
- Trademarks and Dominion Names
5.1 All other distinctive signs that countermark the products sold on ‘decielis.com’ and present on the website are registered trademarks of the respective owners and are used within ‘decielis.com’ with the sole aim to countermark, describe and advertise the products for sale.
5.2 The Owner and all other owners of registered trademarks have the exclusive right to make use of the trademarks. Any unlawful or unauthorised use of said trademarks is prohibited and will be punished by law. It is forbidden to use said trademarks and every other distinctive sign found on ‘decielis.com’ for undue advantage of a distinctive character, or to use the fame of these trademarks in such a way as to cause prejudice to their owners.
- Links to Other Websites
6.2 Anyone interested in activating links to the Home page and other web pages of ‘decielis.com’ which can be accessed by the public, is required to contact the Owner at the following email address: [email protected], asking permission for a hypertext link. The activation of links is allowed by the Owner to the applicant, free of charge and in a non-exclusive way, after inspecting the applicant’s requirements. The Owner has the right to refuse the activation of direct links on his site in the event in which the applicant, wishing to activate links to ‘decielis.com’ has, in the past, undertaken unfair commercial practices, or practices that do not conform to the customs of the sector or rather unfair competition against the Owner, or should the Owner fear that such behaviour may be adopted in the future, or rather in the event that the applicant has adopted or may adopt in the future any action discrediting the Owner, specifically on the website or through services. In any case, the activation of deep frames and deep links to ‘decielis.com’ is prohibited, as is the unauthorised use of meta-tags, without the Owner’s permission.
The Owner has adopted all measures to prevent publication in the website of any contents that describe or represent scenes or situations of physical or psychological violence or anything that, according to the sensitivity of the users of ‘decielis.com’ may be considered harmful to civil convictions, human rights and dignity, in all its forms and expressions. In any case the Owner does not guarantee that the websites contents are appropriate or lawful in other countries, outside of Malta. Moreover, should said contents be considered unlawful or illegal in some other countries, access to the ‘decielis.com’ website is not advised. Should the user decide to enter ‘decielis.com’ regardless of the aforementioned, and make any use of the site’s supplied services this will be the exclusive responsibility of the user. Furthermore, the Owner has adopted every possible precaution in order to guarantee customers that the contents of ‘decielis.com’ are accurate and do not contain incorrect or out of date information, with respect to their date of publication on the website. Moreover the Owner does not accept any responsibility to the users for the accuracy and completeness of the contents published on ‘decielis.com’, notwithstanding the responsibility for fraud and gross negligence.
Furthermore, the Owner cannot guarantee the users that the website works in continuation, without interruption and without error or malfunction caused by the Internet connection. For any problem found while using the website, please contact Customer Care or the following email address: [email protected].
Likewise, we advise you to contact your Internet service provider or that you verify the correct activation of all systems for Internet connection and access to web contents, including the Internet browser. Though the Owner will do everything possible to ensure continual access to the website, the dynamic nature of the Internet and its contents may cause suspension, interruption or discontinuity to ‘decielis.com’ caused by the necessity to update the website. The Owner has adopted technical and organisational measures aimed at safeguarding the security of the services on ‘decielis.com’ ,the integrity of the data regarding traffic and electronic communications in regards to unauthorised forms of use or knowledge as well as to avoid the risk of leaking, destruction and loss of data and information, both private and public, relating to their users, present on the ‘decielis.com’ websites or rather of unauthorised or unlawful access, or of the data and information itself.
- Applicable Law and Settling Disputes
This site and its use shall be governed in all respects by the Laws of Malta.
Any dispute, controversy or claim arising in connection with the use of this site or the purchase of its products shall be referred in writing to a person agreed by both parties as having appropriate expertise to settle disputes. Failing agreement within fourteen (14) calendar days of the date from when the dispute(s), controversy or claim arises, either party may submit such dispute, controversy or claim to arbitration in accordance with the Domestic Arbitration provisions of the Malta Arbitration Centre as at present in force. The place of arbitration shall be Malta. The Arbitrator shall be an authorised person nominated by the Chairman of the Malta Arbitration Centre.
The offer and sale of products on ‘decielis.com’ are regulated by the following General Conditions of Sale. The products purchased on ‘decielis.com’ are sold directly by Decielis Ltd with registered offices in (address in Malta), Tax Reg. Code 34160 VAT MT 2160-7009
Enforceability of These Conditions of Sale
1.1 These General Conditions of Sale exclusively control the offer, dispatch and acceptance of purchase orders of products on ‘decielis.com’ between users and the Vendor. The General Conditions of Sale do not control the supply of services or the sale of products by parties other than the Vendor present on ‘decielis.com’ via links, banners or other hypertext connection. It is the user’s responsibility to check the sales conditions before making orders and purchasing products and services from parties other than the Vendor. Decielis Ltd is not responsible for the supply of services from third parties other than the Vendor or for the conclusion of electronic commerce operations between the users of ‘decielis.com’ and third parties.
1.2 The Vendor uses the ‘decielis.com’ website to offer products for sale and carry out its electronic commerce activities exclusively for “consumers”, or rather any physical person not acting for their own commercial, entrepreneurial or professional intensions. Moreover, the Vendor reserves the right to not carry out any orders coming from any parties other than the “consumer” or any orders that do not conform to commercial policies.
Conclusion of the Contract Between Consumer and Vendor
2.1 The following languages are available for concluding the contract with the Seller: English
2.3 Those consumers who intend to place a purchase order of one or more products on ‘decielis.com’ must fill in the electronic order form and send it to the Vendor following the relative instructions, in order to complete the purchase contract.
2.4 The order form contains a cross-reference to these General Conditions of Sale and the Right to Return Information, as well as a summary of the basic characteristics of each product ordered and the relative price (including all taxes applicable), the accepted methods of payment and the delivery methods of the purchased products, dispatch and delivery costs, as well as the conditions for the right to return and the terms for returning of the purchased products.
2.6 Prices of the products may be subject to revision. The consumer is obliged to check the final price of each product before sending the relative order form.
2.7 The contract is concluded when the Vendor receives the order form and has checked that the data relating to the order is correct.
2.8 Once the contract has been concluded, the Vendor will process the purchase order.
2.9 The order form will be archived in the Vendor’s data base for the period of time necessary for carrying out the order within the terms provided by law. The consumer may view the orders carried out by accessing his profile and consulting the appropriate section.
2.10 The Vendor reserves the right to ignore any purchase orders that are incomplete or incorrect, whose solvability is not sufficiently guaranteed or if the products are not available. In such cases, the Vendor will send the consumer an email informing him that the contract is not complete and that the Vendor has not carried out the purchase order, explaining the reasons. Should the products presented on ‘decielis.com’ no longer be available or on sale at the moment of the most recent access to the site when the order form is sent, it is down to the Vendor to communicate said unavailability of the products ordered to the consumer, in a timely fashion and in any case within ten (10) days from the day after the order was sent to the Vendor. Should the order have been sent and payment made, the Vendor will undertake to refund of the relative amount, without obligation for any kind of compensation.
2.11 Once the contract is concluded, the Vendor will send the consumer a receipt for the purchase order via email, including the information already contained in the order form (cross-reference to the General Conditions of Sale and Right to Return Information, the information relating to the product’s basic characteristics and the detailed price, payment methods, right to return and delivery costs).
Characteristics of the Goods on Sale
3.1 Only authentic products are offered for sale on ‘decielis.com’.
3.2 The basic characteristics of the products presented on ‘decielis.com’ are available in the Product Detail page/Detail of each product. However, the images and colours of the products on sale may vary to the real ones due to the Internet browser and monitor used.
3.3 All products come with an identity tag attached with a warranty tag. To exercise the right to return, the warranty tag must be completely attached to the product. The Vendor, in the case of a return, has the right to refuse the return of those products that no longer have the warranty tag or if the product(s) which have been changed in their basic and qualitative characteristics or which have been damaged.
4.1 Payment methods for the products purchased and the relative dispatch and delivery fees are indicated in the order form and make up an integral part of these Conditions of Sale.
4.2 Should payment be made by credit card, the financial information (e.g. the credit/debit card number or expiry date) will be cryptographically forwarded to Bank of Valletta or other banks who supply the relative remote electronic payment services, without third parties being able to access said information in any way. Furthermore, said information will not be used by the Vendor except for completing the procedures relating to the purchase for which they have been given and to issue the relative refund should the products be returned – following the execution of the right to return – or should it be necessary to prevent or inform the authorities of fraud on ‘decielis.com’. The amount for the purchase of the products and the delivery fees, as indicated in the order form, will be debited at the moment of purchase.
Dispatch and Delivery of the Products
5.1 Products ordered on ‘decielis.com’ will be dispatched with express postal services: the consumer can decide which speed to freight at the checkout.
5.2 Delivery times are calculated based on working days and do not include Bank holidays or weekends.
5.3 Select your delivery country from the “Shipping” menu. You can complete the order process only if it will be shipped in one of the countries listed in the delivery country menu. If your delivery country is not listed, you cannot complete the order process because ‘decielis.com’ will not ship to your country.
5.4 Changing the shipping country during the order process will automatically delete the selected products within your shopping cart.
5.5 The customer is responsible for the payment of customs taxes and the amount is calculated according to the law applicable in the country where good(s) are sent.
5.6 We do not know the amount of customs taxes that will be communicated to you by the carrier once the goods have reached their destination.
5.7 In the event that the taxes are not paid and the shipment is refused or abandoned as a result, the shipment expenses and the customs taxes will be deducted from the total amount of the order and only the difference will be reimbursed.
Right to Return
6.1 The consumer has the right to withdraw from the contract concluded with the Vendor, without penalty and without giving a reason, within fourteen (14) working days from the day of receiving the products purchased on ‘decielis.com’. An item cannot be exchanged for another one; to change an item you must fill out a new order.
6.2 To withdraw from the contract the consumer must proceed as follows:
– Access ‘decielis.com’ site, access the section Contact Us to send a message to our customer service desk. Be sure to select the relevant subject ‘Returns’. An electronic message will automatically be sent to the Vendor (this will be referred to herein as the Return Form). Customer service will evaluate the request based on whether the conditions provided in point 6.6 have been respected;
The Consumer must:
- Return the products to the Vendor giving them to the courier for delivery, according to the methods indicated in the following paragraphs, within fourteen (14) working days from receiving the goods;
- Wait for the Vendor to confirm acceptance of the return and send the subsequent refund.
6.3 The fees for returning purchased goods are at the purchaser’s expense, unless otherwise agreed upon between the Vendor and the Consumer.
6.4 The Right to Return – as well as respecting the terms and methods described in the previous points – The right to return will be considered correct when adhering to the following conditions:
- The request to return/Return Form must be sent to the Vendor within fourteen (14) working days of receiving the products;
- The products must not have been used, worn, washed or damaged;
- The identity tag must still be attached to the products with the single-use warranty tag that is an integral part of the product;
- The products must be returned in their original packaging;
- The returned products must be handed over to the carrier within fourteen (14) working days from receiving the products.
6.5 If the Right to Return is carried out following the indicated methods and terms, the Vendor will undertake to refund any payments already received for the purchase of the products according to the methods and terms expected.
6.6 The amount will be refunded as soon as possible; in any case, within thirty (30) days from the date in which the Vendor receives the goods in the warehouses, we will undertake to activate the refund procedure, once the return procedure has been verified and correctly carried out.
6.7 Should the methods and terms for the right to return not be respected, as specified in this paragraph, the Consumer will have no right to a refund of any amount already paid to the Vendor; he can, however and at his own expense, request the return of the products in the state in which they are returned to the Vendor. Otherwise, the Vendor may keep the products, as well as the amount already paid for the by the Consumer.
Refund Times and Methods
7.1 After returning the products, the Vendor will undertake all inspections necessary to verify that the said products conform to the terms and conditions indicated in paragraph 6. Should these inspections conform positively, the Vendor will send the Consumer an email confirming acceptance of the returned products.
7.2 Whatever payment method the Consumer used, the refund is activated by the Vendor, in the shortest time possible and in any case within thirty (30) days from the date in which the Vendor receives the goods returned to the point of origin (i.e. original place where good(s) are dispatched). Once goods are inspected and the returns process has been carried out correctly, customer service will administer and communicate an acknowledgement and acceptance of the returned goods to the Customer.
7.3 Should the individual receiving the products indicated in the order form be different to that who paid for the purchase of the said products, the refund of the amount paid, in the event of the right to return, will be made by the Vendor to he who made the payment.
7.4 The value date of the credit is the same as that of debit; therefore no loss will be suffered in terms of bank interests.
7.6 The Consumer must carry out the necessary payment fees himself and must also accept all responsibility for any loss or damage to the products during transportation, according to the methods and terms provided for carrying out the right to return.
8.2 The General Conditions of Use, furthermore, contain important information on the processing of personal data of the users and on the security measures adopted.
Modification and Updating
The General Conditions of Sale may be modified, to reflect any changes in the law. The new General Conditions of Sale will have effect from the date of publication on the site.
The Consumer can request any information from our customer services: please contact Customer Care. You can also contact the Vendor via email at the following email address: [email protected]
- Data Protection
In terms of the Data Protection Act 2001 which was brought into effect on 15th July 2003, we have a legal duty to respect and protect any personal information we collect from you and use it only for purposes of which you are aware. We take all safeguards necessary to prevent unauthorised access and we do not divulge details collected from you as a visitor to any third party unless you give us your consent to do so. We use leading technologies to protect the security of your data and whenever we hire third parties to provide support services; we will require them to observe our privacy standards and to allow us to audit them for compliance.
- Security Measures