- The term ‘The Company” shall hereinafter mean Elektra Limited, or any of its subsidiary companies, a limited liability company registered under the laws of Malta with Company Registration number C3583, having its registered address at Mill Street, Qormi, QRM 3100, Malta.
- The terms “Consumer” shall refer to any natural or legal person or entity who shall purchase goods or services for reasons outside the operation of the Consumer’s business activity.
- The term “Off Premises Contract” shall refer to contracts concluded in the simultaneous physical presence of the trader and the consumer, in a place which is not the business premises of the trader or contracts where an offer was made by the consumer in the same circumstances as referred to in the previous situation, or contracts concluded on the business premises or through any means of distance communication in the simultaneous physical presence of the trader and the consumer immediately after the consumer was personally and individually addressed in a place which is not the business premises of the trader; or contracts concluded during an excursion organised by the trader with the aim or effect of promoting and selling goods or services to the consumer.
- The term “Warehouse” shall hereinafter mean “Elektra”, Mill Street, Qormi, QRM 3100, Malta.
- The term ‘Purchaser’ shall hereinafter mean the person, firm or company who shall have entered into a contract of sale with the Company and shall have consented to such agreement being subject to the terms and conditions contained herein.
- In these Conditions of Sale, unless the context indicates otherwise words denoting the singular shall include the plural and vice versa; and headings are for convenience only and shall not affect the interpretation hereof.
- The Company trades under the name “Elektra”, “Bargain Electrics” or any other trade name as may from time to time be used by the Company.
- Unless expressly agreed otherwise, delivery of any products acquired by the Purchaser from the Company shall be made by the Company to the Purchaser between * [8.00] a.m. and [4.00] p.m. The standard delivery period shall be between six (6) to eight (8) weeks from the date when the Purchaser places an order with the Company. Should the Purchaser and the Company agree upon an earlier delivery date, this shall be confirmed in writing by the Company, and a quote for such earlier delivery shall be provided accordingly. * applicable to local market only
- Delivery shall be effected by collection of the Product by the Purchaser from the Warehouse. Where the parties agree upon a delivery location other than the Warehouse, the Company shall deliver the products to the specific address indicated by the Purchaser in writing on the such date as agreed between the Company and the Purchaser. *Delivery to the Purchaser shall be limited to ground floor. Should Purchaser require delivery elsewhere, Elektra shall impose a charge.In all cases risk shall vest immediately in the Purchaser upon delivery.Provided that the Company shall not be obliged to deliver any products to any place other than the Warehouse in the event that the alternative delivery location is not indicated by the Purchaser to the Company in writing within two (2) weeks from the agreed date of delivery.
- In the event that any products purchased by the Purchaser from the Company is/are not held in stock by the Company, the Company shall use its best endeavours to deliver the products concerned on or around such date as it shall have indicated to the Purchaser and accepted by the latter.For the avoidance of any doubt, the standard delivery period shall be between six (6) to eight (8) weeks from the date when the Purchaser places an order with the Company, unless the parties agree otherwise.Provided that the Company shall not be responsible for any delays in the delivery which are not attributable to the wilful misconduct of the Company or any of its officers.
Prices, Taxes and Levies
- Subject to any agreement to the contrary, all prices indicated on any order form issued by the Company and accepted by the Purchaser shall be inclusive of delivery charges, import duties, import levies or similar charges, as well as value added tax (VAT) at such rates as shall be applicable in terms of law. The delivery charges shall be those applicable to standard sea freight.
- The offering prices of any products that are wholly or substantially made of material or parts, the price of which may fluctuate according to international usage, such as the price of copper and/ or aluminium on the London Metal Exchange, may vary in accordance with international commercial usage.
- With respect to orders placed with respect to products which are not currently held in stock by the Company, the Company shall order such products from its suppliers and such goods shall be priced in accordance with the supplier’s pricelist as at the time of order.
4. Payment Terms
- Unless otherwise agreed to the contrary, all sales shall be payable immediately as soon as an invoice, cash sale or request for payment is issued to the Purchaser. * applicable to local market only
- In the event that the parties agree to payment by credit, the parties shall draw up the credit terms in respect of the sale in question in writing which credit terms shall be executed by the Purchaser and the Company. The Company reserves the right to request the Purchaser for security as the Company shall, in its sole discretion, deem appropriate.
- Interest at the rate of eight per cent (8%) per annum shall be charged on any outstanding amount and shall accrue from the date of the relevant invoice.
- The Company reserves the right to decline payments from the Purchaser made by cheque/draft and where the Company accepts payment by cheque, payment shall only be deemed to have been settled upon clearance by the relevant bank of the relative. Post-dated cheques shall not be accepted by the Company.
- The Company reserves the right to assign any of its accounts and/or invoices issued to the Purchaser to “HSBC Invoice Finance” or any other financial institution, for the collection of payments in settlement of any invoice issued to the Purchaser.
- The Company reserves the right to the engage the services of any debt collection agency in Malta and/or Europe and the Purchaser acknowledges that the Company shall give such information to the debt collection agency pertaining to the contract of sale entered into between the Company and the Purchaser for the purposes of recovering any outstanding amounts due by the Purchaser to the Company.
- The Company is a member of the Malta Association of Credit Management (MACM), and it consequently reserves the right to gather or give out any information with regard to defaulting debtors to other members of the MACM.
5. Retention of Title
The ownership of the products purchased by the Purchaser from the Company on credit terms shall remain vested in the Company whilst risk is transferred to the Purchaser until such time as the full amount due in respect of the relevant invoice and interest that shall have accrued thereon, is paid in full.
6. Warranty for Latent Defects
- The Purchaser hereby expressly exonerates the Company from liability attributable to latent defects and is hereby renouncing to any warranty against latent defects in the products sold by the Company to the Purchaser.
- In the event that the Purchaser advances a claim of defect in a product, the claim shall only be processed by the Company at its own discretion upon presentation by the Purchaser of the original sale documentation.
- The said exoneration shall not however prejudice the rights of the Purchaser as a Consumer under the Consumer Guarantee where applicable.
7. Off-Premises Contracts
1. In the event of contracts concluded outside the Company’s premises, the Purchaser qualifying as a consumer shall have a period of 14 days to withdraw from the contract, without giving any reason, and without incurring any costs. The withdrawal period shall expire after 14 days from:
(a) in the case of service contracts, the day of the conclusion of the contract;
(b) in the case of sales contracts, the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the goods or
- in the case of multiple goods ordered by the consumer in one order and delivered separately, the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the last good;
- in the case of delivery of a good consisting of multiple lots or pieces, the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the last lot or piece;
- in the case of contracts for regular delivery of goods during defined period of time, the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the first good;
2. There shall be no right of withdrawal in respect of distance and off-premises contracts as regards the following:
(a) service contracts after the service has been fully performed if the performance has begun with the consumer’s prior express consent, and with the acknowledgement that he will lose his right of withdrawal once the contract has been fully performed by the trader;
(b) the supply of goods or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by the trader and which may occur within the withdrawal period;
(c) the supply of goods made to the consumer’s specifications or clearly personalised, tailor designed or customized;
(d) the supply of goods which are liable to deteriorate or expire rapidly;
(e) the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items.
3. In the event that the Purchaser qualifies as a Consumer exercising the right of withdrawal under Article 7.1, the consumer shall send back the goods or hand them over to the trader or to a person authorised by the trader to receive the goods, without undue delay and in any event not later than 14 days from the day on which he has communicated his decision to withdraw from the contract to the trader.
Provided that the consumer shall be liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
Provided further that Elektra may withhold the reimbursement until receipt of goods back, or until the consumer has supplied evidence of having sent back the goods, whichever is the earliest.
8. Complaints and Liability
- The Purchaser should inspect the products upon receipt thereof and any product purchased shall be considered to be accepted by the Purchaser, in such a state and condition in which it is delivered by the Purchaser, unless the Purchaser immediately notifies the Company or the Company’s representative of any damage to the product. The Purchaser shall be deemed to have waived any claims against the Company if the damage is not reported to the Company in writing within seven (7) days from the date of receipt of the product by the Purchaser and in respect of any damage to the product reported to the Company within the aforesaid seven-day period, in order to replace the product, the Purchaser shall be obliged to furnish unto the Company concrete evidence that the goods were damaged before receipt by the Purchaser.
- The Company shall not be liable for any damage, of whatever nature, which arises whether directly or indirectly from the misuse, sale or resale and distribution of any products sold by it to the Purchaser. Moreover the company shall not be liable to any faults which may arise as a result of lack of expertise in installation of the product or furthermore, lack of expertise in ordering the product which is not adapt to the purpose it is meant to serve.
9. Installation Recommendations
The installation recommendations are to be requested by the Purchaser upon Purchase of the Product and all printed instructions shall be granted to the Purchaser upon request. Failure to request such information shall create an irrefutable presumption of full knowledge of instructions and shall not expose the Company to any liability in the eventuality of any faulty installation.
10. Return and Exchange Policy
- The Company shall not be obliged to accept the return of the Product where the reason for such return does not directly relate to a defect or any other fault within the Product itself.
- For the return and exchange of any products, the Purchaser shall notify the Company in writing within seven (7) days from the date of delivery or collection of the products as the case may be and the return of the products shall be not be accepted unless the said products are returned in their original packaging within such the seven day period and upon presentation by the Purchaser of the original invoice, cash sale or receipt.
- No cash refunds shall be granted by the Company to the Purchaser upon the return of any product/s by the Purchaser and products may only be exchanged for other products of the same or higher value. Provided that the Company shall be entitled to impose a Management Fee not exceeding ten per cent (10%) for processing the requested return.
- Products which are not habitually made available by the Company and which have been ordered from the Company’s suppliers specifically for the Purchaser may under no circumstance be returned and exchanged for other products and Clause 10.2 and 10.3 hereof shall not be applicable to such products even if the Purchaser deems that the product’s description is not to his/her/its satisfaction upon delivery of the said product. Payment for such products must be settled by the Purchaser on the date when the Purchaser places an order with the Company, unless the Company agrees otherwise.
11. Credit Notes
The Company is not obliged to issue or grant Credit Notes and shall only do so in its sole discretion. Where issued however, the Consumer is obliged to redeem the Credit Note within a period not exceeding three (3) months and no further extensions shall be granted. Where the Credit Note is not redeemed within the designated period, the Credit Note is deemed to be expired, ineffective and unenforceable.
12. Force Majeure
In these General Conditions of Sale, the term Force Majeure shall mean all circumstances reasonably beyond the control of the Company and affecting the Company’s ability to acquire, sell or deliver the purchased products in the manner and within the agreed time frames as per these General Conditions of Sale. This shall include (but shall not be limited to) circumstances such as compliance with any order request or measure of any Governmental, port, local or other competent authority or any person purporting to represent any of these, wars, hostilities, public disorders, sabotage, strikes, lockouts, labour or employment difficulties, fires acts of God, accidents, breakdowns or any other causes in Malta or in the exporter’s territory or in any country or port through which the products are being shipped or transported.
The Company shall not be liable to the Purchaser for any loss or damage arising from non-compliance, or from failure to comply in time or in full, with any obligation caused by Force Majeure.
The Company reserves the right to set-off any sums receivable from the Purchaser, against any amount which may become payable by the Company to the Purchaser.
If any provision of these General Conditions of Sale is held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a Court finds that any provision of this settlement is invalid or unenforceable, but that by limiting such provision, it would become valid and enforceable, then such provision shall be deemed to be written, construed and enforced as so limited.
14. Governing Law
- These General Conditions of Sale shall be interpreted and governed by the laws of Malta.
- Any dispute, controversy or claim arising out of or relating to any contracts of sale entered into between the Company and the Purchaser, or the breach, termination or invalidity thereof, shall be settled through dispute resolution proceedings in the Consumer Affairs Tribunal or by arbitration in accordance with the Malta Arbitration Act and the Arbitration Rules of the Malta Arbitration Centre as at present in force. In the latter case, the appointing authority and administrator shall be the Malta Arbitration Centre. The place of arbitration shall be Malta.
Updated 9th August 2018