General terms and conditions

Version 1
Last updated: 9 October 2020

1. GENERAL

1.1. Thank you for visiting www.mlenergy.eu (the “Website”). These Terms and Conditions (these “T&Cs” or this “Agreement”) constitute and govern the relationship between the parties, M.L Energy (Malta) Limited (“Us”, “We” or “M.L Energy”) and You, as the customer or potential customer, as the case may be (“You” or the “Customer”). Each shall be referred to as “Party” and collectively “Parties”.

1.2.  By using the Website or placing Orders with Us, You agree to be bound by these T&Cs. If you do not agree with these T&Cs, please refrain from using this Website any further or from placing Orders on the Website.

1.3. This Website is owned and operated by M.L Energy, a company registered in Malta with registration number 92024 and having its registered address at 31, Triq Mastru Gorg Cachia, Handaq, Qormi, QRM 4000, Malta.

2. DEFINITIONS AND INTERPRETATION

2.1. In this Agreement, the following words shall have the following meaning:

2.1.1. “Products” shall mean the articles specified on the Website available for sale and which may be purchased by Customers by placing Orders with Us.

2.1.2. “Order” means a confirmed request by a person, whether such person is a legal person or a natural person and irrespective of whether such natural person acts in his personal capacity or in the course of trade, business, craft or profession.

2.2. Should there be any discrepancy between the T&Cs in the English language version and the version in any other language, the English version will prevail. The prevailing language in case of interpretation will be the English language. All language versions in the T&Cs will reflect the same principles.

2.3. Without prejudice to Clause 3.4 of this Agreement, the terms ‘You’ and ‘Customer’ shall also include guardians and/or parents who give their consent on behalf of a minor and/or child.

3. USE OF THE WEBSITE

3.1. The Website offers an online marketplace for the sale of Products. Currently, this service is only available to persons located in Malta, Europe (Gozo and Comino excluded) (“Malta”).

3.2. Any advertisement on our Website or any other magazine or catalogue shall constitute an invitation to treat and shall in no case be considered to be a contractual offer.

3.4. To place an order on the Website, You must be over eighteen (18) years of age, and You must ensure that the details provided on registration or at any time are correct and complete.

3.5. If you have created an account with the Website, You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.

3.6. Do not share your website password created upon registering for an account with the Website with anyone. You will be responsible for all activities and orders that occur or are submitted through your account. If you know or suspect that someone else knows your password you should notify us by contacting our Customer Care Department (Email: info@mlenergy.eu) immediately.

4. AVAILABILITY OF PRODUCTS

4.1. We do our best to ensure that we have consistent availability of our Products but we do occasionally run out of some Products. You understand that from time to time, certain Products on our Website may be unavailable.

4.2. From time to time, We may change the Products available on our Website, but this will not affect any Order which have previously been placed.

4.3. When you place your Order, we will ask if you would like us to substitute an alternative similar Product if your chosen Products are not in stock at the time we dispatch your order. If you do and when you receive your Order, you are still not happy with the substitution, please let us know as soon as you can so that we may handle this in accordance with these T&Cs. Our delivery persons are trained to take you through the substitutions on the doorstep so if you let our delivery persons know s/he will take the Products away at that time.

4.4. If a Product becomes unavailable following the placing of an Order but prior to delivery, your sole remedy is a refund equal to the price paid for the Product in question, unless you agree to a substitution as per Clause 4.3 of these T&Cs.

5. PRICING

5.1. All prices quoted on the Website are inclusive of any Value Added Tax (“VAT”) at the rate of eighteen per cent (18%) and/or other sales taxes applicable in Malta.

5.2. The prices quoted on the Website are exclusive of delivery charges. Before completing your Order, You will be given a breakdown of the total price, including delivery charges, if any.

6. PAYMENT

6.1. Currently, We do not accept online payments. Therefore, payment for Orders shall be affected in cash upon delivery.

6.2. We reserve the right to withhold any products if You fail to pay on delivery. Furthermore, if no payment is made within seven (7) days from delivery, the Order shall be deemed to have been cancelled and you shall not be entitled to the Products, without prejudice, where applicable, to M.L Energy’s right to seek any action for the enforcement of the sale.

7. RETURNS POLICY

7.1 You are required to take reasonable care of items. If you are not happy with the a Product, please return it in its original and undamaged packaging with all of its components. If a Product is returned undamaged in its original and undamaged packaging, we will offer you a refund in accordance with our returns policy. Your rights under consumer legislation for these goods are not affected.

7.2 Products can be returned within fifteen (15) days not including weekends and/or public and/or national holidays.

7.3 We will replace the damaged items by identical items in good condition or will otherwise grant a refund depending on your preference.

8. WEBSITE MAINTENANCE

8.1. From time to time certain parts of, or the whole Website may not be available due to maintenance work and upgrades. We shall give as much notice as in the circumstances is reasonable and shall endeavour to carry out such works and upgrades during the scheduled maintenance periods.

8.2. Furthermore, from time to time, the site or parts of it may not be available to circumstances that are beyond our control. Whilst we shall endeavour to ensure that the disruption of our services is not prolonged unnecessarily, we shall not be liable for any damages caused to You as a result of the Website’s downtime. We apologise for any inconveniences in advance.

9. SECURITY MEASURES

9.1 Our Website is secure and any information that you send or get through the Website is private. Nevertheless, and in any case, it is your obligation to ensure that you only share with the Website such information as you may want to share.

9.2. You are responsible for any telephone, ADSL, cable or other connection and internet charges incurred while connecting to or using our Website.

9.3 You are responsible for the account registered with the Website and all information thereon and the confidentiality of all passwords. We will suspend access or change access to your account immediately upon notification yourself that the password has been lost, stolen, or otherwise compromised.

10. COPYRIGHT

10.1 All designs, text, graphics, instructions, reviews, including the selection and arrangement thereof, and all software is the property of M.L Energy and/or its internet suppliers and is covered by local and international intellectual property and copyright laws. Permission is granted to view, electronically copy and to print in hard copy portions of this Website for the sole purpose of using this Website as a shopping channel or an alternative internet resource. Any other use of materials on this Website, including reproduction for purposes other than those noted above, modification, distribution, or republication, without the prior written permission of M.L Energy and/or its internet suppliers is strictly prohibited.

11. DISCLAIMERS

11.1 This Website and its contents are provided on an as is basis without representations or warranties of any kind with respect to this Website and/or its contents. We disclaim all such representations and warranties, including for example warranties of merchantability and fitness for a particular purpose. In addition, we do not represent or warrant that the information accessible via this Website is accurate, complete or current, although we take all necessary precautions so that it is such. Price and availability information is subject to change without prior notice. Neither M.L Energy nor any of its directors and/or employees and/or representatives will be liable for damage of any kind arising out of the use of this Website, and/or the merchandise purchased including but not limited to direct, indirect, incidental, punitive and compensatory damages. Furthermore, neither M.L Energy’s suppliers nor any of its directors and/or employees and/or representatives will be liable for damage of any kind arising out of the use of this Website, and/or the merchandise purchased including but not limited to direct, indirect, incidental, punitive and compensatory damages.

11.2 Except as specifically stated on this Website, neither M.L Energy and/or any of its directors and/or any of its employees and/or any of its representatives and/or its suppliers and/or any of their directors and/or any of their employees and/or any of their representatives will be liable for damages arising out of or in connection with the use of this Website. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

11.3 This Website is created and controlled by M.L Energy and its internet suppliers. We reserve the right to make changes to our Website and these disclaimers, including these T&Cs and privacy policy at any time, clearly referring to the respective version number and date amended.

12. IMAGES

12.1 Images used on the Website are for illustration purposes only. Most images fit the product description exactly, in some rare cases Product images may vary from the actual delivered product.

13. REPRESENTATIONS

13.1. You warrant and represent to Us that you are legally capable of entering into binding contract and have full authority, power and capacity to enter into and subscribe to this Agreement.

14. VARIATION

14.1. We may revise these T&Cs from time to time by publishing a new version on our Website.

15. ASSIGNMENT

15.1. You hereby agree that we may transfer, sub-contracts, assign or otherwise our rights and obligations under these T&Cs provided that if you are a Customer such transfer, sub-contracting or assignment shall not serve to reduce the guarantees provided to you under this Agreement.

15.2. You may not without our prior consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these T&Cs.

16. WAIVER

16.1. No waiver of any part of any of the provisions of these T&Cs shall be effective unless explicitly set forth in writing and signed by the Party so waiving.

16.2. No waiver of any breach of any provision of these T&Cs shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision under this Agreement.

17. SEVERABILITY

17.1. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Further, all such terms shall be applied to the extent allowed by applicable law.

18. ENTIRE AGREEMENT

18.1. These T&Cs, shall constitute the entire agreement between You and Us in relation to the purchase of our Products and shall supersede all previous agreements between You and Us in relation to the sale and purchase of our Products.

19. LAW AND JURISDICTION

19.1. This is a Maltese website and is subject to the laws of the Republic of Malta.

19.2. Every purchase you make shall be deemed performed in Malta. Maltese law shall govern every aspect of the contractual agreement between You and M.L Energy concerning purchases made from the Website.

19.3. All disputes arising from the use of this Website, including but not limited to Orders placed through the Website shall be subject to the exclusive jurisdiction of the Courts of Justice of Malta.