As part of our service, we agree to provide you with information and other services that we may decide to offer, subject to the terms of this agreement. Upon notice published through the service, we may modify this agreement at any time. You agree and continue to agree to use our services in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out in the policies and guidelines outlined below. Please note that you will be referred to as ‘customer’ in this agreement. This website is operated by Tot Kits (referred to as “we/our/us”). As a user of this website (referred to as “you/your”) you acknowledge that any use of this website including any transactions you make (“use/using”) is subject to our terms and conditions. Please ensure that you have read these terms and conditions, as well as our privacy policy, before using our website. In placing an order with us, it is deemed that you accept our terms & conditions.
1. STOCK AVAILABILITY
1.1 Availability is clearly displayed online below each product description along with an approximate lead time. These lead times cannot be guaranteed. Items marked as PREORDER are new products not yet in stock and delivery timescales on these are subject to variation by our suppliers. Items marked available on BACKORDER are item which have run out of stock but will be available usually within 15-20 days.
1.2 Products sometimes become out of stock after an order has been placed and we cannot guarantee 100% stock availability at all times. This can be due to a quality issue or a warehouse error.
1.3 Orders that contain items that are out of stock at the time of order will be sent out without those items unless you choose any of the following options:
(a) Hold and wait for the out of stock item to arrive
(b) Backorder the out of stock item to be added to a future order or for additional charge can be shipped as soon as it arrives at our warehouse.
(c) Credit note issued for the out of stock item
(d) Refund issued for the out of stock item
2. ORDER PROCESSING
2.1 We will send you an email detailing the products you have ordered at time of order. This is not an order confirmation or order acceptance from our website(s).
2.2 Order acceptance and the completion of the contract between you and us will take place on the dispatch of the ordered products to you unless we have notified you that we do not accept your order.
2.3 Non-acceptance of an order may be a result of one of the following:
(a) The product becoming unavailable from stock
(b) A pre-order item being withdrawn by our supplier
(c) Pricing or description error being identified
(d) Goods not paid for in full or a payment dispute
(e) Non-authorized payment issue which could be a security issue with payment or non-matching delivery & billing address
2.4 Once we confirm your order, we will get in touch with you on the email address/mobile number you registered while placing your order to arrange for delivery.
2.5 Orders received by us are processed immediately and go straight into our warehouse to be picked. We regret that, once you have placed your order, we cannot cancel or amend the order. Any changes or cancellations may incur an administration charge.
3. PRICES AND PAYMENT
3.1 Prices displayed in our shop catalogue do not include delivery costs.
3.2 Payment can be effected via Revolut or Cash on Delivery for deliveries in Malta. We also offer payment via Paypal for orders to be shipped to countries other than Malta. We reserve the right to ask for a prepayment via PayPal in case of PREORDER items.
3.4 For security of your data we do not store any credit card information.
4. DELIVERIES
4.1 We offer door to door deliveries to addresses in Malta only. For other countries (including Gozo), orders are shipped via third party courier (shipping costs apply – refer to section 5).
4.2 Deliveries are usually made within 5 business days from order confirmation. We also offer delivery service during weekends and public holidays but this cannot be guaranteed. We will contact you after your order has been confirmed to discuss delivery arrangements.
4.3 If any part of your order contains a Pre-order item or an item with a quoted lead-time this may delay your delivery unless you tell us to back order these products. An extra delivery charge will be applied for back order items if the total of back order items does not exceed 45 Euro.
4.4 It is the customer’s responsibility to ensure that all the details you give are correct at time of ordering as we cannot be held liable for issues with deliveries arising out of incorrect addresses or contact information.
5. DELIVERY FEE
5.1 Deliveries in Malta are made free of charge, provided that the order total exceeds 45 Euro. When a free delivery does not apply, a flat rate of 5 Euro will be charged.
5.2 Deliveries in Gozo or other countries than Malta will be made by a 3rd party courier service and will incur a shipping fee depending on weight of parcel. We shall advise you of any extra shipping charges prior to sending out your order as these charges are not calculated automatically on this website.
6. CANCELLATION AND RETURNS POLICY
6.1 Unwanted stocked items can be returned within 48 hours of receipt at the buyers’ cost and will only be refunded if returned in the original packaging and is entire and undamaged and only with the written consent from us. A written consent from us via email must be received before the return is processed and included with the return. If any items are returned without this consent included in the package a refund will not be issued. In case of returned unwanted stocked items, we will refund you for the cost of goods only excluding any delivery or shipment fees. Refund may be subject to a 5% bank charge where applicable.
6.2 Any shortages or damages must be reported to our customer service team within 5 working days via email, which can be sent using our contact page, or as a reply to your order confirmation email. All claims shall be waived and absolutely barred if they fall outside this timescale.
6.3 Faulty goods may need to be returned to us for inspection or you may be asked to provide photographic evidence via email. Any returns are at your own cost and you will be responsible for the handling and shipping of your return. A completed returns form or written consent via email must be received before the return is processed and included with the return. If any items are returned without this consent included in the package a refund will not be issued.
6.4 On receipt of returned faulty goods, we will inspect the products. If liability is accepted, we will refund you for the cost of the goods and the return postage costs. We are not liable for any other costs beyond the cost of goods and shipping.
7. WEBSITE CONTENT
7.1 Products may occasionally vary in size, shape, ratio or colour. Images are for guidance only.
7.2 We reserve the right to vary our prices, product images, product descriptions and website content as required.
7.3 All copyright and other intellectual property rights remain the property of Tot Kits.
7.4 Re-use or copying of the material on Tot Kits website (http://www.totkits.com) is strictly prohibited unless written permission has been received from us.
8. LIABILITY
8.1 While Tot Kits uses reasonable efforts to include accurate and up-to-date information on this web site, it makes no representations as to the accuracy, timeliness or completeness of that information, and you should not rely upon it. In using this web site, you agree that its information and services are provided “as is, as available” without warranty, express or implied, and that you use this site at your own risk. By accessing any portion of the Tot Kits website, you agree not to redistribute any of the information found therein. The services provided through links on this site are independent of Tot Kits and are for your convenience only. We not endorse or recommend the services of any company or service, nor are we responsible for any services or goods provided by such companies. We shall not be liable for any damages or costs arising out of or in any way connected with your use of any of the services or companies accessed through this web site. You further agree that Tot Kits and any other parties involved in creating and delivering this site’s contents have no liability for direct, indirect, incidental, punitive, or consequential damages with respect to the information, services, content, or advertisements contained on or otherwise accessed through this web site. By using this website and its contents, you agree to its terms and conditions.
8.2 Risk of damage to or loss of the goods passes to you at the time of delivery to you or if you fail to take delivery at the agreed time
8.3 Goods do not come with any warranty or guarantee whatsoever other than implied by law for business to business sales.
8.4 Orders can consist of more than one box or parcel. Ensure you check the delivery note and sign for the correct amount. Claims cannot be made for missing parcels if you sign for the incorrect amount.
8.5 Any external signs of damage to the delivery caused in transit must be noted on the delivery note and reported to customer services immediately. If you suspect significant damage has been caused, do not sign for or accept the delivery.
9. FORCE MAJEURE
9.1 We are not liable for any delay or failure to perform any of our obligations if the delay or failure results from events or circumstances outside our reasonable control, including but not limited to acts of God, accidents, war, fire, industrial disputes or civil commotion, failure of any communications including telecommunications or computer systems, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and we shall be entitled to a reasonable extension of its obligations.
10. INVALIDITY & SEVERANCE
10.1 Each clause or any part at all of this agreement is to be regarded as independent of the others. This means that should any clause or any part at all of this agreement be found to be unenforceable or invalid it will be severed and will not affect the enforceability or validity of the rest of this agreement.
11. DATA SECURITY
11.1. We will collect, process, and/or use the information provided by you (“Personal Data”) for the purposes of administering and performing the customer contract with us and personalized customer service. This may include sales promotion, market research activities which via email. You can choose to subscribe to our email newsletter via our subscribe link at the bottom of every page of this website.
11.2 You have the right to access and review your Personal Data at any time and to request that your Personal Data be corrected, amended, removed, or blocked.
11.3 You may withdraw your consent at any time.
11.4 Personal data shall not be passed on to third parties. Excluded are our service partners, which need the transmission of data for the handling of your order. (e.g. parcel-service, merchant services provider bank).
11.5 More details can be found in our full Privacy Policy and Cookie Policy.
12. RETENTION OF TITLE
12.1 Notwithstanding delivery and the passing of risk, property in and title to, the goods shall remain with the seller until the seller has received payment of the full price of (a) all Goods and/or Services the subject of the Contract and (b) all other goods and/or services supplied by the seller to the buyer under any contract whatsoever. Payment of the full price shall include, without limitation, the amount of any interest or other sum payable under the terms of this and all other contracts between the seller and the buyer.
13. LIMITATION OF LIABILITY AND WARRANTY
CUSTOMER AGREES THAT USE OF THE SERVICE IS ENTIRELY AT CUSTOMER’S OWN RISK. SERVICES ARE PROVIDED ‘AS IS,’ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION THE SOFTWARE LICENSED TO THE CUSTOMER AND THE RESULTS OBTAINED THROUGH THE SERVICE. SPECIFICALLY, WE DISCLAIM ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION:
1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND
2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. CUSTOMER SPECIFICALLY ACKNOWLEDGES THE SERVICE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CUSTOMERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CUSTOMER. NEITHER THE SERVICE NOR ANY OF ITS AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICE.
14. RULES FOR ONLINE CONDUCT
By using the service, you agree that you will not attempt to undermine the integrity of this web site.
15. TRADEMARKS
All trademarks appearing on the service are trademarks of their respective owners. If you have any questions, please don’t hesitate to contact us on contactus@totkits.com.