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Terms & Conditions
Website Terms & Conditions
In relation to the website https://hollandandbarrett.com.mt (‘the Site’).
Please read the following terms and conditions of sale carefully before ordering products from us.
Although We have done Our utmost to ensure the accuracy, timeliness and completeness of all information on the Site, no person should act or refrain from acting on the basis of any matter contained in the Site without seeking the appropriate professional advice on the particular facts and circumstances at issue. Use of any of the goods sold on the Site is at Your own risk.
HOLLAND & BARRETT IS PROVIDING THE SITE ON AN “AS IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE OR ITS CONTENTS AND DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES EXCEPT THOSE THAT YOU MAY BE EXPRESSLY ENTITLED TO BY LAW. IN ADDITION, HOLLAND & BARRETT MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR SUITABILITY FOR ANY PURPOSE OF THE INFORMATION AND RELATED GRAPHICS PUBLISHED ON THE SITE. THE INFORMATION CONTAINED ON THE SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. ALL LIABILITY OF HOLLAND & BARRETT HOWSOEVER ARISING FOR ANY SUCH INACCURACIES OR TYPOGRAPHICAL ERRORS IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
1. SERVICE AVAILABILITY
1.1. We currently only accept orders from persons in Malta and Gozo .
1.2. By placing an order through this Site You warrant that You are resident in Malta or Gozo.
2. ORDER ACCEPTANCE
2.1. You may order products listed in the Site by adding them to Your cart and submitting the order form provided to You through the check-out procedure.
2.2. All orders are subject to availability and acceptance by us. To the full extent permitted by law, We reserve the right to refuse any order made by You for whatever reason. Should We be unable to accept Your order for any reason, We will contact You directly (via email) where more details will be provided.
2.3. After placing Your order, We shall process Your details, and subject to the accuracy of Your details (such as Your financial information) as well as the availability of the products requested, and the fulfillment of the payment requirements as per Clauses 3.4 and 3.5 below, We shall acknowledge and accept Your order. The agreement executed (entirely by way of electronic communications) between You and Holland & Barrett shall be deemed binding upon acceptance of the order, including partial acceptance, by Holland & Barrett (the ‘Sale Contract’). If the order is not accepted by Holland & Barrett, Holland & Barrett shall immediately inform You thereof. Once the order is accepted, we will send You an email confirming that the contract has been concluded.
2.4. Unless We receive any information from You to the contrary, We will assume that the details of Your pending order(s) as indicated in the email are correct and We shall proceed to use our best endeavours to effect delivery thereof within the indicated timeframes.
3. PRICE AND PAYMENT
3.1. The price of the products shall be the price quoted on the Site at the time we accept your order, inclusive of VAT, but exclusive of delivery.
3.2. Additional costs such as any delivery charges may also apply (See Clause 4 for more details) prior to checkout – unless you qualify for free delivery. Should any delivery costs indeed be applicable these shall be added to the price of the goods when You proceed to checkout but prior to You submitting payment for the goods. For delivery costs and delivery information, please visit [insert hyperlink].
3.3. Prices are subject to change without prior notice but any such changes will not affect orders which have already been placed by You.
3.4. Payment shall be made by You by the means specified in Clause 3.5 and shall not be deemed to be made until We have received cleared funds in respect of the full amount due.
3.5. You may choose to either:
(a) pay directly on the Site
(b) pay upon delivery; or
(c) pay upon pick-up from one of Our stores.
3.6. Payment for all goods purchased from this Site shall be exclusively by credit or debit card unless You choose to pay upon delivery or pay at the store (as per Clauses 3.5(b) and (c) above). We currently accept payment with VISA and MASTERCARD and any other cards as may be listed elsewhere on our Site (including any payment gateway(s) available on our Site;
4.1. When placing Your order, You will be given the opportunity to specify the method of delivery and the appropriate address, as well as [the option to choose a delivery date from those available OR an estimation of the delivery date]. Please note that no deliveries can be made on public and national holidays and Sundays. The average time for delivery varies according to the delivery and other factors, some of which are beyond Our control.
4.2 Where goods become available for delivery at different times, We will send You an email to notify You about this, and We reserve the right to deliver them in stages.
4.3 Once the goods have been delivered, You will hold the goods at Your own risk and will be liable for their loss or destruction. We will not be liable for the loss or destruction of the goods once they have been delivered to You.
4.4. If there is any error or any other problem related to the delivery of the goods in question, please be sure to notify Us in writing within 14 days from the delivery date. We will not be liable for any loss or damage in relation to such error/problem should you fail to do this.
5. CANCELLATIONS AND RETURNS
5.1. You may cancel Your order at any time prior to Your order being delivered (provided Your order is still listed as pending on the Site) by telephoning (+356) 21663762 during normal office hours or sending us an email at firstname.lastname@example.org . This method of cancellation incurs no administration fee and You will be entitled to a full refund.
5.2. Once Your order is no longer listed as pending on Your account page on the Site, this means that the order is being dispatched (or has already been delivered to You) and that therefore, the order cannot be changed. However, certain goods may still be returned to us in the manner described below.
5.3. Subject to the provisions of Clause 5.4, if You are contracting as a consumer, You may cancel the Sale Contract at any time within 14 days beginning from the day after You receive the goods. You are to return the goods at the address indicated in Clause 16.1. You will be responsible for the payment of any costs that may arise when returning the goods to Us. After such fourteen (14) day period, You shall be deemed to have irrevocably accepted the goods purchased from this Site, if not previously accepted. To the fullest extent permitted by law, and subject to any legal guarantee, after such acceptance, You shall have no right to reject the products for any reason or to revoke acceptance.
5.4. The right granted to You, as a consumer, pursuant to Clause 5.3, does not apply to:
(a) those goods which are liable to deteriorate or expire rapidly;
(b) sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery; or
(c) made to measure or personalised goods.
5.5. Further to Clauses 5.2, 5.3 and 5.4, if You are a consumer, You may choose to withdraw from the Sale Contract by filling out the model withdrawal form, as provided in the law, that is available at [insert link to model form on website] or by contacting us at email@example.com . You are to return the goods at the address indicated in Clause 16.1, or by phoning us by using number (+356) 21663762 during normal office hours where You will be guided on how to return the goods back to us.
5.6. In case of cancellation of a Sale Contract under Clause 5.3 above, You will be entitled to a full refund of the price paid provided that the goods in question are returned in their original packaging (if any), are in perfect condition and are not goods listed in Clause 5.4. If any goods are returned damaged or spoiled in any way whatsoever, We reserve the right to hold You liable for the diminished value of the goods resulting from the handling of the goods and, consequently, You will not receive a full (or any) refund of the price paid.
5.7. If You are contracting as a consumer, You will also benefit from the statutory legal guarantee according to applicable law.
6.1. All promotions online are subject to removal without notice.
6.2. All promotions are on a “While Stocks Last” basis.
7. LIABILITY AND DISCLAIMER
7.1. We are fully committed to providing You with the best possible service and delivering to You the purchased goods within the indicated time frames and in the best possible condition.
7.2. Having regard to Clause 7.1 above, to the fullest extent permitted at law and except in respect of death and personal injury caused by negligence on Our part or on the part of Our employees, We shall not be liable to You by reason of any representation unless this is fraudulent or misleading on Our part, or for any warranty whether expressed, implied, or otherwise, or for loss, damage or expenses (including loss of profits, business or goodwill) that may arise from or in connection with the use of the Site or Our goods or services unless such loss or damage results from fraud or gross negligence on Our part or the part of our employees, agents, representatives or otherwise.
7.3. Nothing in these Terms and Conditions shall restrict any mandatory statutory rights You may enjoy under any applicable law.
7.4. Products have not been evaluated by the European Medicines Agency or Food and Drug Administration. Not intended to diagnose, treat, cure, or prevent any disease;
8.1. You agree to indemnify, defend and hold harmless Holland & Barrett, its directors, officers, employees, consultants, agents, and affiliates, and We agree to indemnify, defend, and hold You harmless from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, a breach of these terms and conditions, an infringement of any intellectual property rights or any other right of any person or entity, or a breach of any duty of confidence or privacy, or any defamatory statements made in any form.
9. WRITTEN COMMUNICATIONS
9.1. Applicable laws require that some of the information or communications We send to You should be in writing. When using this Site, You accept that communication with us will be mainly electronic. We will contact You by e-mail or provide You with information by posting notices on our Site. For contractual purposes, You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that We provide to You electronically comply with any legal requirement that such communications be in writing. This condition does not affect Your statutory rights.
10. EVENTS OUTSIDE OUR CONTROL
10.1. Neither Party will be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (“Force Majeure Event“).
10.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
10.2.1. Strikes, lock-outs or other industrial action.
10.2.2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
10.2.3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
10.2.4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
10.2.5. Impossibility of the use of public or private telecommunications networks.
10.2.6. The acts, decrees, legislation, regulations or restrictions of any government.
10.3. Performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and there will be an extension of time for performance for the duration of that period. Both parties will use their reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which their obligations under the contract may be performed despite the Force Majeure Event.
11.1. If either party fails, at any time during the term of a contract, to insist upon strict performance of any of the other party’s obligations under the contract or any of these Terms and Conditions, or if either party fails to exercise any of the rights or remedies. Either party is entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve the other party from compliance with such obligations.
11.2. A waiver by either party of any default shall not constitute a waiver of any subsequent default.
11.3. No waiver by either party of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing in accordance with Clause 12 above.
12.1. If any of these Terms and Conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
12.2. Alternatively, the parties agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
13. ENTIRE AGREEMENT
13.1. These Terms and Conditions and any document expressly referred to in them, represent the entire agreement between us in relation to the subject matter of the contract and supersede any prior agreement, understanding or arrangement between the parties, whether oral or in writing.
13.2. Both parties acknowledge that, in entering into a contract, neither party has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between the parties prior to such contract except as expressly stated in these Terms and Conditions.
13.3. Neither party shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms and Conditions.
14. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
14.1. We have the right to revise and amend these Terms and Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in Our system’s capabilities or for any other reason in Our sole discretion which We may decide. You will be notified of such changes in these Terms and Conditions if You are already a registered user at the time of the said change.
14.2. You will be subject to the policies and Terms and Conditions in force at the time that You order goods or services from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority, in which case any changes to these Terms and Conditions will apply to orders previously placed by You and You will be notified of such changes.
15. GOVERNING LAW AND JURISDICTION
15.1. If You qualify as a consumer domiciled in a European Union Member State, jurisdiction shall be determined in accordance with the provisions of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, or any other legislative measure which may replace the said Regulation from time to time.
15.2. If, however, You do not qualify as a consumer domiciled in a European Union member State, all disputes or claims arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the Maltese courts to which We both irrevocably submit.
15.3. This Agreement shall be governed and construed in accordance with Maltese law, saving, where applicable, the provisions of Article 6(2) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I), or any other legislative measure which may replace the said Regulation from time to time.
15.4. Please note that the European Commission manages an Online Dispute Resolution website http://ec.europa.eu/odr/ dedicated to helping consumers and traders resolve their disputes out-of-court, including cross-border disputes.
16. AFTER-SALE SERVICE
16.1. Questions, comments or requests regarding these Terms and Conditions or our goods and/or services and any formal complaints You may have should be addressed to: Holland & Barrett at Hompesch Road, Fgura in writing, or emailed to us at firstname.lastname@example.org or by phoning us on 21 663 762 (during normal office hours).