Terms & Conditions

1. Introduction

These are the general Terms and Conditions governing your access and use of the content and services offered to you on the websites MaltaWildPlants.com ("the Site") and securetransactions.org (Secure form-hosting site) and constitute an agreement between you and Sunny Island Services
By using, viewing, transmitting, caching, storing and/or otherwise utilising this website, the services or functions offered herein and/or contents or information on this website, you agree to each and all of the Terms and Conditions set out herein, and waive any right to claim ambiguity or error in this Agreement. Should you not agree to each and every Term and Condition set out herein, you are asked not to use this website and to leave immediately.
By using the services you warrant to us that you have the legal capacity to enter into these Terms and Conditions with us and that payments are carried out by authorised personal over 18 years old having a valid credit card.

2. Description Of Service/Product

Through this website we provide general information about the company’s products and services and we also provide you with the possibility of purchasing our products online. All products purchased online shall be delivered to the address indicated by you.

3. Price

Any online purchases on this website shall be charged at the price advertised on this website at the date the order is placed. All prices shown on the website are indicated in Euro.
While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

4. Payment Method And Security

All online purchases shall only be accepted against payment by credit/debit card or PayPal.
Your card details are received and processed directly by our payment gateway provider, the Endeavour Payment Gateway; your card details are transmitted from you to the payment gateway encrypted over high-strength SSL for maximum protection and confidentially. We do not at any point handle the card information.
For additional security, your three digit security code found at the back of your card is never stored by the payment gateway (CVV/CVC2). Without this number, additional transactions attempted on your card, without your authorization, would be rejected.
The payment gateway provider is licensed and authorized by Visa, MasterCard and other card associations to act as a payment gateway and is fully audited and compliant with the Payment Card Industry Security Standards.
You undertake and agree to provide correct details to us for the purpose of ordering or purchasing goods from this website.
You also undertake that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.

5. Communication

You agree that email can be used as a long-distance means of communication.

6. Delivery / Title / Risk

Unless otherwise stated, the price of the goods does not include delivery by us to you but the costs of carriage is communicated to you by email depending the type of postage/courier is preferred by the user.
In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, we shall, at our own option, make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question PROVIDED THAT you notify us of the problem in writing at the address stated in the confirmation email within 2 working days of delivery of the goods. 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.
We aim to arrange delivery / shipment of all ‘in stock’ items within 2 - 3 working days of receiving your order. Some items may be unavailable and the current stock status is approximate. If we are unable to deliver within 3 working days, 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 email; we shall make a further offer to you by email to sell you the goods of the specification and description at the price stated in the email 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.
Goods will be sent to the address given by you in your order and stated in the order confirmation. Please note that your goods may be sent to you in instalments.

7. Cancellations / Return Policy

All purchases are in general non-exchangeable, non-refundable and non-transferable besides cases of cancellation and withdrawal.
You may cancel your order at any time prior to your order being processed by clicking on the ‘return’ link next to the product ordered on the website. You will be liable for a 5% administrative charge when cancelling your order (where applicable). Cancellation of an order can be done within 15 calendar days from the date of delivery of the good/s. You might cancel the purchase by sending the notice of cancellation by email to info@maltawildplants.com ensuring that you quote your name, address and order reference number or item code. We will refund you the purchase price of the goods (less a 5% administrative charge).
Once we receive notification from you that you wish to withdraw from the contract (in accordance with these Terms), any sum debited to us from your credit card in relation to your order will be re-credited to that credit card account as soon as possible and in any event within 30 days of your order provided that the goods you wish to return are received by us in the condition that they were in when delivered to you. You will be liable for 5% administrative charge in returning the goods to us or cancelling your order.
We reserve the right to make a 15% restocking charge for any goods which are not returned in mint condition or to refuse to accept such goods, at our sole discretion. We also reserve the right to make a charge for collecting goods from your premises in circumstances where they are not defective but you have cancelled your order. Your statutory rights are not affected.

8. Liability

This section applies only to the extent permitted by law.

While endeavouring to ensure that all the information we provide on this website is correct, we do not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services.

If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. We shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price, if the item(s) has been charged and not dispatched we will cancel and refund your order.

We will do our best to correct errors and omissions as quickly as practicable after being notified of them.

TO THE FULLEST EXTENT PERMITTED BY LAW, SUNNY ISLAND SERVICES IS PROVIDING THIS WEBSITE AND ITS CONTENTS ON AN ‘AS IS’ BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS WEBSITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEBSITE IS ACCURATE, COMPLETE OR CURRENT.

We reserve the right to make changes to the material, detail or to the products and services and prices described in it at any time and without any notice. We reserve the right to modify and/or discontinue (temporarily or permanently) the products and services from time to time, for any reason, and without notice, including the right to terminate any of the products and services. In any such case we shall not be held liable for any such modification, discontinuance or termination.

The products sold on the website are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the website or for any products or services purchased from SUNNY ISLAND SERVICES.

We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.

We shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.

9. Privacy Policy

We are committed to protect your privacy and we will not collect any personal information about you unless you provide it voluntarily. Any personal information you communicate to us is kept by us in accordance with the Data Protection Act, 2001 (Chapter 440 of the Laws of Malta).

For more information about our policy, you are requested to read our privacy policy.

You confirm that you have read and understood our privacy policy and agree to the provisions contained therein.

10. Miscellaneous

No waiver by us of any breach of these Terms shall be considered as a waiver of any subsequent breach of the same or any other provision.
It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law.

We reserve the right to terminate this Agreement immediately and without notice to you if:

- you fail to make any payment to us when due;
- you breach the Terms of this Agreement (repeatedly or otherwise);
- when requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity;
- we suspect you have engaged, or about to engage, or have in any way been involved, in fraudulent or illegal activity on the website.

Sunny Island Service may amend these Terms from time to time, and place the new version on the website. For users purchasing goods all purchases from the date that the amended Terms are placed on our website onwards will be governed by those new Terms. Otherwise, such changes will be effective against existing users thirty (30) days following posting of the amended version on the website. Your continued use of this site following the posting of any changes will constitute your acceptance of such changes. If you do not agree to any changes to these Terms, then your only remedy is to cease using the website.

These Terms supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between Sunny Island Services and you relating to your purchase. We advise that you print out and keep a copy of these Terms and Conditions once your order has been accepted by Sunny Island Services. You are advised to read (and are responsible for reading) fully all information on this website.

If any provision of these Terms shall be held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining parts of these Terms and the remainder of the affected provision shall be unaffected.