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Conditions of Use

Terms & Conditions

Only the following General Terms and Conditions as amended at the time of the purchase order apply to the business relation between you and KAFECAFE, of Triq il-Wied B'Kara, Malta . KAFECAFE (hereinafter referred to as KAFECAFE will not accept any deviating conditions of you unless KAFECAFE has expressly agreed in writing.

 

 

KAFECAFE Malta:             

We or us

Customer:           You and Your

Consumer:          Any person who buys goods from us for purposes which are outside his trade, business or profession

Goods:The bicycle related products and services sold by us to you including packaging, manuals and any other ancillary components or documents

Conditions:         Means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by us

Our Address:     KAFECAFE

Triq il-Wied, BKR 9013

Birkirkara, Malta

Our VAT Number:            MT 27121905

Our Company Registration Number:       

Our Trading License Number:    

Our Telephone Number:             

Our Mobile Number:      00356 79 500 600

 

 

 

Part I

a) Making an agreement to purchase our goods:

 

By your purchase order, you submit a binding offer to conclude a contract, to Wheel Wizard. The purchase contract is caused by Wheel Wizard accepting your purchase offer by the dispatch of the good. The automatic confirmation e-mail after the receipt of the purchase order does not constitute an acceptance by KAFECAFE. It only confirms that Wheel Wizard received your offer to purchase. For cash in advance payment KAFECAFE submits the bank account information by e-mail. This e-mail does not constitute an acceptance by KAFECAFE.

 

The text of the contract is stored. The automatic confirmation e-mail after the receipt of the purchase order contains the purchase order data. At any time you are able to visualise or download KAFECAFE's General Terms and Conditions on this site.

 

The language used in the contract to purchase our goods is English.

 

b) Delivery of the goods:

 

Unless otherwise stated, the price of the goods does not include delivery by us to you.

The costs of carriage and any insurance which you direct us to incur shall be reimbursed by you and shall be due on the date for payment of the price.

The goods shall be delivered by us to your address and the risk in the goods shall pass to you upon such delivery taking place.

You should note that our carrier requires immediate notice to be given of any loss or damage to goods and you should inspect the goods upon receipt and report any loss or damage to the carrier immediately.

Insofar as you report any damage to goods to us within 48 hours of delivery we will refund the price and carriage or replace the goods at no cost to you.

In respect of any damage to goods reported to us after 48 hours of delivery we shall require proof from you that the goods were damaged before receipt by you.

 

 

 

Part II

a) Payment and Price:

 

We shall not be bound to deliver the goods until you have paid for them. Payment shall be due when the agreement is made between us. Time for payment shall be of the essence. The price due from you is the price indicated as inclusive of value added tax.

b) Delivery:

 

Other charges may apply for urgent orders and for weights exceeding 32kg. Same or next day delivery service excludes weekends (Saturday & Sunday) and public holidays.

We will try to deliver the goods to you within the time estimated for delivery.

If we are unable to do so, we reserve the right to deliver them within 30 days beginning with the day after the day of the agreement between us.

If we are unable to deliver the goods to you within 30 days beginning with the day after the day of the agreement:

we shall inform you by e-mail ;

we shall make a further offer to you by e-mail to sell you the goods of the specification and description at the price stated in the e-mail and will state the period for which the offer or the price remains valid ;

unless you accept the offer we will reimburse any sum paid by you or on your behalf under or in relation to the agreement within a period of 30 days beginning with the day after the day on which the time for delivery expired.

c) Your right of cancellation:

 

The rights of cancellation set out below apply to any agreement between you and us save insofar as the agreement is in respect of computer software if it is unsealed by you.

You have a right to cancel the agreement at any time before the expiry of a period of 14 days beginning with the day after the day on which you receive the goods.

You may cancel by giving us notice in any of the following ways:

by a notice in writing which you leave at our address (given above);

by a notice in writing which you send by post to our address (given above);

by electronic mail to our electronic mail address (given above);

and the notice shall operate to cancel the agreement between us.

 

If you cancel the agreement :

you must return the goods to us at the address given above ;

the goods must be returned to us complete (please note the definition of goods given above) ;

you are responsible for the cost of returning the goods to us at the address given above ;

you are under a duty to take reasonable care of the goods (including reusable packaging, manuals etc) until they are returned to us ;

you are under a duty to take reasonable care to see that they are received by us and not damaged in transit ;

we will reimburse any sum paid by you or on your behalf under or in relation to the agreement including the costs of carriage and any insurance which you directed us to incur.

we will charge you the direct costs to us of recovering any goods supplied by us if you fail to return the goods to us.

d) Exclusion of right to cancel

 

 No such right to cancel exists for you

 

if you are not consumer in the sense of Article 8 of the Malta Competition and Consumer Affairs Authority Act.

if goods have been custom build or assembled to your specifications, as long as the single parts can only be separated with disproportional efforts or with significant adverse effects on function or condition of the parts.

in the case of data media with audio or video recording or software, if you have unsealed the data medium.

e) Our right of cancellation:

 

If for reasons beyond our reasonable control, pricing errors, including but not limited to an inability or failure on the part of the manufacturers or suppliers of the goods to supply the goods to us, we are unable to supply the goods to you, we may cancel the agreement at any time before the goods are delivered by giving notice to you. We shall promptly repay to you any sums paid by you or on your behalf under or in relation the agreement. We shall not be liable for any other loss or damage whatever arising from such cancellation.

f) Statutory rights:

 

Your right of cancellation is in addition to your other statutory rights.

The after sales service and guarantees mentioned below do not affect your statutory rights.

g) Guarantees and after sales service:

 

We guarantee that the goods will correspond with the stated description and specification.

The terms of any manufacturer's guarantee and after sales services will be included within the documents accompanying the goods or online from the respective manufacturer's website.

This warranty does not limit or affect the Legal Warranty or any other legal statutory rights.

The warranty period starts from the date you purchase the product with valid invoice.

All Warranties will be valid only on presentation of this Agreement, Invoice/Cashsale and Fiscal Receipt together with manuals and any other items including the original packaging.

We are always prepared to offer advice about the goods including advice about installation, compatibility, configuration, and product upgrades.

We know the general purpose for which you require our goods and we will take reasonable care when giving you any advice.

This limited warranty does not cover the followings: any third party accessories; cosmetic damages; or damage due to (1) natural disaster, accident, misuse, normal wear & tear, abuse, negligence, commercial use or modifications to the product; (2) improper operation or maintenance ; (3) connection to improper voltage supply or electrical power surge; (4) attempted to repair by any party other than at KAFECAFE Malta service centre; (5) use of components which are not approved by KAFECAFE Malta.

Repair or replacement under the terms of this warranty does not give right to a new starting of the warranty. However, you are entitled to a warranty extension equal to the period product is in workshop for service.

Any replacement product may be either new or like new, provided that it has functionality at least equal to the product being replaced.

Wheel Wizard Malta. will claim all ownership of defective parts. Wheel Wizard Malta may use various vendors' parts for the repair of the product as required.

Goods are not sold on a trial basis.

Goods may be supplied in cosmetically different packaging.

All trademarks & logos acknowledged.

All goods remain property of Wheel Wizard until paid in full.

 

 

LIMITATIONS OF LIABILITY

 

 

The company does not guarantee the Product to fit for any particular purpose. To the extent of local law, in no event shall Wheel Wizard Malta be liable for impossibility to use the Product, direct, indirect, special, incidental or consequential loss or damage to any person or property. The entire compensation responsibility assumed by the company for the Product shall not exceed the price paid to purchase the Product in terms of each event or related incidents.

 

 

 

h) Advice given by us to you:

 

We are always prepared to offer advice about the goods including advice about installation, compatibility, configuration, and product upgrades.

We know the general purpose for which you require our goods and we will take reasonable care when giving you any advice.

Without knowing the particular application for which you require our goods and the exact specification and configuration of any existing bicycle system into which you intend to install our goods we cannot and do not warrant the suitability of any of our goods for your particular purpose.

We do offer a service whereby we will install our goods into your existing bicycle configuration. If you ask us to do that, we can warrant the suitability of the goods installed by us.

i) Your responsibilities:

 

It is your responsibility to ensure compatibility of any goods offered for sale by us both with the existing components within your bicycle and with any other goods offered for sale by us.

It is your responsibility to ensure proper installation of our goods into your existing bicycle.

It is your responsibility to ensure that wherever necessary you access the manufacturers web site to download any necessary product manuals or view tutorials.

 

 

 

 

Part III

 

a) Conditions applicable:

 

These conditions shall apply to all contracts for the sale of goods by us to you to the exclusion of all other terms and conditions including any terms or conditions which you may purport to apply under any purchase order confirmation of order or similar document.

All orders for goods shall be deemed to be an offer by you to purchase goods pursuant to these conditions.

Acceptance of delivery of the goods shall be deemed conclusive evidence of your acceptance of these conditions.

Any variation to these Conditions (including any special terms and conditions agreed between you and us) shall be inapplicable unless agreed in writing by us.

These terms represent the entire agreement between you and us.

b) Price and payment:

 

The price (unless otherwise expressly stated) shall be inclusive of value added tax which shall be due at the rate ruling on the date of our invoice.

Where the price is expressed to be inclusive of value added tax we have the right to adjust the price at any time before delivery to take account of any increase in value added tax.

Authorisation through your credit card (via Paypal) of the price and value added tax shall affected once an order is confirmed. Time for payment shall be of the essence.

Payment of the price and value added tax shall be due once goods are available for delivery and are invoiced.

If you fail to make any payment on the due date then without prejudice to any of our other rights we may:

suspend or cancel deliveries of any articles due to you; and/or

appropriate any payment made by you to such of the goods (or goods supplied under any other contract with you) as we may in our sole discretion think fit.

c) No set off

 

You may not withhold payment of any invoice or other amount due to us by reason of any right of set off or counterclaim which you may have or allege to have or for any other reason whatsoever.

 

d) Delivery and non-delivery of goods:

 

The goods shall be delivered to you at your address. The risk in the goods shall pass to you upon such delivery taking place.

We shall arrange for carriage of the goods to your address. The costs of carriage and any insurance which you reasonably direct us to incur shall be reimbursed by you without any set-off or other withholding whatever and shall be due on the date for payment of the price. Any third-party carrier shall be deemed to be your agent.

We shall not be liable for any loss or damage whatever due to failure by us to deliver the goods or any of them promptly or at all.

Not withstanding that we may have delayed or failed to deliver the goods or any of them promptly you shall be bound to accept delivery and to pay for the goods in full provided that delivery shall be tendered at any time within 3 months of the agreement.

e) Retention of title by us:

 

The goods shall be at your risk as from delivery.

In spite of delivery having been made property in the goods shall not pass to you until:

you have paid the price plus value added tax in full; and

no other sums whatever shall be due from you to us.

Until property in the goods passes to you the goods and each of them shall be held by you on a fiduciary basis as bailee for us.

You shall store the goods (at no cost to us) separately from all other goods in your possession and marked in such a way that they are clearly identified as our property.

Not withstanding that the goods (or any of them) remain our property you may sell or use the goods in the ordinary course of your business at full market value for our account. Any such sale or dealing shall be a sale or use of our property by you on you own behalf and you shall deal as principal when making such sales or dealings.

Until property in the goods passes from us the entire proceeds of sale or otherwise of the goods shall be held in trust for us and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as our money.

We shall be entitled to recover the price (plus value added tax) notwithstanding that property in any of the goods has not passed from us.

f) Acceptance of the goods:

 

You shall be deemed to have accepted the goods 3 days after delivery to your carrier.

After acceptance you shall not be entitled to reject goods which are not in accordance with the contract.

g) Rejection of the goods:

 

If you properly reject any of the goods which are not in accordance with the contract you shall nonetheless pay the full price for such goods unless you return such goods to us at your cost before the date when payment of the price is due.

h) Return of goods which are in accordance with the contract:

 

No goods delivered to you which are in accordance with the agreement will be accepted for return by us without our prior written approval (in accordance with our returns authorisation procedure) and on terms to be determined at our absolute discretion.

If we agree to accept any such goods for return you shall be liable to pay a handling charge of (10%) of the invoice price. Such goods must be returned by you to us carriage-paid and in the original packaging.

Goods which are in accordance with the agreement and are returned without our prior written approval may at our absolute discretion be returned to you or stored at your cost without prejudice to any other rights or remedies we may have.

i) Variations in description or specification:

 

We may deliver goods of a different description or specification from that agreed and as may be required to comply with any applicable safety or statutory requirements or which do not materially affect the quality or fitness for purpose of the goods.

Images shown are for reference purposes only. Actual item may look or differ.

Manufacturers may alter features & specifications of a product. We will notify you should we become aware of any change in specifications. If you notice a change in specifications which is not satisfactory to you, you are entitled to a refund of the purchase price within the 15 day cooling off period.

j) Warranty for defects and liability

 

The statutory warranty conditions shall apply. The warranty period is 2 years and commences on handing over the good. Your warranty claims are limited to subsequent compliance (removal of defects or replacement) in the first place.

 

Unless otherwise stated below, any further claims are excluded, irrespective of which cause in law. KAFECAFE  therefore shall not be liable for losses not incurred at the supplied good itself. Notably, Wheel Wizard shall not be liable for lost profit or other economic loss. To the extent to which the liability of KAFECAFE is excluded or limited, this shall also apply for the personal liability of employees, agents and vicarious agents.

 

The above limitation of liability shall not apply if the cause for the loss is based on intent or gross negligence or if injury of life, body, or health is involved.  Furthermore, the limitation of liability shall not apply at breach of a significant contractual duty.

 

 

 

k) Choice of law and jurisdiction

 

This contract is subject to the law of the Republic of Malta.

All disputes arising out of this agreement shall be subject to the exclusive jurisdiction of the courts of the Republic of Malta.

If any part of these terms and conditions shall be found to be unlawful, it shall not affect the validity or enforceability of the remainder of the conditions.