Terms and Conditions
These terms and conditions govern the sale of products and provision of services provided by Mulberry Corp. Limited (the registration address: Elite Business Centre, Trejqa Ta’ Box Box, Msida MSD 1840, Malta) [‘the Seller’] to you [‘the Customer’]. These terms and conditions form a legally binding contract between the Customer and the Seller, and by using this website, the Customer is agreeing to the said terms and conditions. The material displayed on this website is provided without any guarantees, conditions or warranties as to its accuracy. The Seller reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. In order to use our website, the Customer must be 18 years of age and possess a valid credit card or debit card. The Seller retains the right to refuse any request made by the Customer and an email is sent to the Customer in these instances.
By using this website, you acknowledge and agree that this is done solely at your own risk. We strive to provide the best quality products and services to our esteemed clientele, but guarantees, conditions and warranties as to the accuracy of such products or services offered at the time of publication of this notice, or as shall be provided in the future, shall be limited solely to the guarantees, conditions and warranties as provided by law. Any services or products provided shall be provided “as is” and “as available”. By using this website, you agree to these terms and conditions.
All orders placed by the Customer through the Seller’s website are subject to the acceptance of the Seller.
The prices of the products are those specified on the website, but may change from time to time subject to the Seller’s discretion. All prices quoted are exclusive of carriage costs, duties and all taxes that may be applicable. The Customer agrees to indemnify and hold the Seller harmless for any liability for tax or duty in connection with the sale, as well as the collection or withholding thereof, including penalties and interests thereon. The Customer’s card will be debited once the order has been accepted. If the Seller discovers an error in the price of any products which the Customer has ordered, the Seller will inform the Customer of this as soon as possible and give the Customer the option of reconfirming the order at the correct price or cancelling it. If the Seller is unable to contact the Customer, the Seller will treat the order as cancelled.
The Seller shall, at its sole discretion, determine the carrier, methods of transport, handling and route for the courier of the products. The Seller reserves the right to employ sub-contractors or agents to act for it. Where, and in the event that the Seller so employs independent third parties to perform all or any of the functions required by the Seller, the Seller shall have no responsibility or liability to the Customer for any acts or omissions of such third parties.
The Customer is bound by and warrants, in favor of the Seller that:
- The name, details, address for delivery, descriptions, values, and other particulars furnished to the Seller for customs, railage, delivery and other purposes are accurate. The Customer indemnifies the Seller against all expenses, claims or fines arising from any inaccuracies or omissions of descriptions, values or other particulars, even if the inaccuracy or omission of descriptions, values or other particulars occurs without negligence;
- The courier of the products will not violate or infringe the laws of Malta, and the Customer hereby indemnifies and holds the Seller harmless against any claims and/ or damages which the Customer may suffer by virtue of the Seller’s breach of this warranty.
4. Transportation charges
In the absence of any written agreement to the contrary, the remuneration payable to the Seller by the Customer shall be in accordance with the standard tariffs of the Seller calculated on:
- The chargeable weight of the products;
- The destination of the products;
- The service level selected by the Customer for the courier of the products.
The Customer shall be liable for any duty, tax or fine levied by the authorities at any port or place in connection with the products, and shall reimburse the Seller for such amount sustained by the Seller in connection therewith. Furthermore, in the event that the Seller is obliged to take out or obtain any licenses or permits or to comply with any lawful authority, the Seller shall be entitled to make an additional charge to cover any expenses resulting therefrom if not already included. Also, in the event that the Seller is required, due to circumstances, including, but not limited to, the occurrence of natural disasters and any other act of force majeure, to change the routing of the courier of the products, resulting in additional charges, the Seller shall be entitled to recover such additional charges from the Customer.
5. Delivery and Title
Title and risk of loss pass to the Customer upon delivery of the product to the Customer. The Seller’s delivery dates are estimates only. A delayed delivery of any part of an order does not entitle the Customer to cancel other deliveries. The Seller is not liable for failure to fulfil its obligations for any accepted order or for delays in delivery due to causes beyond the Seller’s reasonable control, including, but not limited to, acts of God, natural or artificial disaster, riot, war, strike, delay by carrier, shortage of product, changes in law, fire, strikes, floods, and any other act which may be classified as force majeure.
6. Returns and Refunds Policy
Once delivered, a product cannot be returned, unless it is damaged. In such case, the Customer must notify the Seller within 10 days from date when the Customer receives the product of an intention to return the product. The return shall be made in the original packaging and to the following address:
Mulberry Corp. LTD
c/o BIZ Courier
8th Km Varis Koropiou Avenue,
Any charges to return the product shall be incurred by the Customer. The Seller shall only refund the Customer if the product is confirmed to be defective in accordance to the Seller's standards and if the product has not been used.
In the event that the above procedure is not followed, the Customer will not be entitled to a refund.
7. Use of products
To the maximum extent allowed by the applicable law, the Seller is not responsible if the products sold by the Seller result in personal injury or any other damage of whatever nature to any person. The Customer acknowledges that any re-sale or use is at the Customer’s sole risk. The statements and products found on the Seller’s website are not intended to diagnose, treat, cure or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions and guidelines. The Customer should always check the ingredients of the products to avoid potential allergic reactions. Any information on the Seller’s website is categorized as general information and is not intended to amount to advice or medical information on which the Customer may rely.
8. No variation of conditions
The handling of the products shall be subject to the conditions stated in these terms and conditions, unless specifically varied by the Seller in writing, which shall at all times take precedence over any terms, conditions or stipulations contained in any of the Customer’s documentation. Should the Customer purport to attach any conditions which vary, amend or are in conflict with the conditions set out herein, the Customer shall inform the Seller in writing of its intentions and these new conditions shall apply and be in force between the Customer and the Seller if these conditions are signed and duly accepted by the Seller.
9. Access to website
The Seller’s website is made available free of charge. The Seller does not guarantee that the Seller’s website, or any content of it, will always be available or be uninterrupted. The Seller may suspend, withdraw, discontinue or change all or any part of the Seller’s website without prior notice. The Seller is not liable if for any reason the Seller’s website is unavailable at any time or for any period. The Customer is wholly responsible to make all arrangement to have access to the Seller’s website.
10. Acceptable use
The Customer agrees not to use the Seller’s website, or any part of it, to provide false or misleading information about oneself or personal business, or create a false identity or use or attempt to use another’s account or identity or otherwise that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
11. Intellectual property
All copyright, trademarks and all other intellectual property rights in all material or content forming part of the Seller’s website, shall remain at all times vested in its owners. The Customer is permitted to use this material or content only as expressly authorized in writing by the Seller or by the authorized owner. The Customer will not, and will not assist or facilitate any third party to copy, reproduce, transmit, distribute, frame, commercially exploit or create derivative works of such material or content. If the Customer becomes aware of such distribution or commercial exploitation, the Customer agrees to notify the Seller immediately.
12. Limited warranty
Save as expressly provided in these terms and conditions, all implied warranties are excluded to the fullest extent permitted by the laws of Malta. In particular, the Seller makes no warranty respecting the merchantability of the products or their suitability or fitness for any particular purpose, non-infringement of third party rights and warranties against latent defects. The Customer shall not be entitled to, and the Seller shall not be liable for, loss of profits or revenue or promotional or any other expenses, overheads, business interruption cost, loss of data, injury to reputation or loss of other Customers, punitive damages, loss of contracts or orders or any indirect, special, incidental or consequential damages of any nature. The Customer agrees to indemnify, defend and hold the Seller harmless from and against any and all claims, damages, losses, costs, expenses and liabilities arising out of or in connection with any re-sale or use of products, advertisement, storage and/or any other service provided by the Seller.
The failure of the Seller to enforce the provisions of these terms and conditions at any time, or the failure to require at any time performance by the Customer of any of the provisions of these terms and conditions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the possibility of the Seller to enforce each and every such provision.
If any part of the terms and conditions is unenforceable, the enforceability of any other part of the terms and conditions will not be affected and all the other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, the Customer agrees 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.
These terms and conditions are to be construed in accordance with the laws of Malta. Consequently, the laws of Malta will also exclusively govern any dispute between the Seller and the Customer. The Maltese Courts shall have exclusive jurisdiction over any dispute that may arise.