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Terms & Conditions

Emmanuel Delicata & SONS ltd. Trolleymania.com Eshop

Terms and Conditions of Business and Use

Last updated 5th September 2012

In order to buy our Delicata wines from the shop or use our shop you must do so according to these terms and conditions. By registering on the shop or purchasing through the shop you are agreeing to be bound by them.

1 Sales and Delivery

1.1 Availability – All wines are offered subject to availability. Vintages and respective  quality nominations Denominazzjoni ta’ Origini Kontrollata (D.O.K.) Malta, Gozo or Indikazzjoni Geografika Tipika (I.G.T) Maltese Islands are liable to change.

1.2 Delivery outside of Malta

i. Currently MaltaPost is the preferred Delivery Agent of TrolleyMania and provides foreign deliveries.

TrolleyMania is directly connected to the MaltaPost pricing system which communicates accurate delivery costs for the order in question depending on the weight of the product/order and the country of destination.

In the case of foreign deliveries conducted by MaltaPost, you should refer to the MaltaPost Shipping Terms and Conditions to learn more about their delivery procedures.

It is the responsibility of the buyer to clear the goods from customs upon receipt in foreign countries. Prior to ordering, customers are kindly asked to check with their local authorities governing the importation of alcoholic beverages in their country.

1.3 Delivery in Malta:

There are three delivery methods that you can choose to receive your goods in Malta:

i. Currently MaltaPost is the preferred Delivery Agent of TrolleyMania and provides Malta deliveries.

For Local Courier Service MaltaPost charges EUR3.50 per parcel. Should a package exceed the weight of 10kg an additional charge of EUR1.00 will be charged to a maximum weight of 20Kg. This charge encompasses the service of pick up from the Winery and delivery to a specified Malta address.

In the case of local deliveries conducted by MaltaPost, you should refer to the MaltaPost Shipping Terms and Conditions to learn more about their delivery procedures.

ii. The TrolleyMania system integrates our Delicata Delivery Service within our shop through the "Own Delivery" Section by using our own fleet of Delicata delivery vehicles.

Our customers may choose our FREE delivery service for orders greater than EUR 100.00. Our customer care department shall contact you to arrange a morning delivery time.

iii. The third option within the Delivery Manager is the "Consumer Pick Up" facility. In this case there would NOT be any charge associated with the order and it is up to the Consumer to make the necessary arrangements with the Delicata Winery’s customer care department for direct pick up from the Winery between Monday and Friday 9:30am to 4pm.

Our customer care department may be contacted directly on Tel: +356 21825199 from Monday to Friday from 9:00am to 4pm or Email: sales@delicata.com

2 Prices and payment

2.1 To all intents and purposes, the prices are quoted in Euro, and may be per bottle or per case as marked. The prices include Value Added Tax and are subject to alteration without prior notice. All delivery charges are additional.

2.2 We accept online payment for foreign orders by:

i. using the following cards:

1. HSBC Bank Malta plc issued Debit Cards [Quikcash]

2. Visa/Mastercard Cards
3. SEPA issued Visa and Mastercard Cards
4. NON-SEPA issued Visa and Mastercard Cards
5. Diners Cards

ii. or by PayPal.

2.3 We accept payment for local orders either by:

i. online payment by using the following cards:

1. HSBC Bank Malta plc issued Debit Cards [Quikcash]

2. Visa/Mastercard Cards
3. SEPA issued Visa and Mastercard Cards
4. NON-SEPA issued Visa and Mastercard Cards
5. Diners Cards

ii. or by PayPal,

iii. or by cash on delivery:

Cash On Delivery means that when the item is delivered to the Consumer, payment is affected there and then.

Cash on Delivery Service is only valid for local deliveries in Malta by MaltaPost or the Delicata delivery fleet.

2.4 Description and price of the goods.  We make every effort to ensure that prices and descriptions of goods shown on our shop are accurate at the time you place your order. The price of the goods will be as shown on the checkout page of our shop when you place your order.  We will charge you this amount.  If you require delivery, you must also pay a MaltaPost delivery charge for the goods as indicated on our shop at the checkout page.

3 Images

3.1 Images used on the shop are for illustration purposes only. Most images fit the product description exactly, in some cases product images may vary from the actual delivered product.

4 Age restriction

4.1 We do not sell or deliver wines to anyone who is not 18 years old or over. By placing an order you confirm that you are at least 18 years old, as stipulated by Maltese law.

4.2 If you are buying a case of wine as a gift - the recipient must also be over 18 years old.

4.3 If our delivery persons are in any doubt about the age of the recipient on delivery, they may request an ID.

4.4 If you are purchasing our wines outside of Malta, governing laws in your country with regards to age restrictions apply.

5 Returns

5.1 Once the wines have been delivered, according to your original delivery instructions, the goods become the recipient's responsibility. Once the purchaser accepts delivery of the goods, the risk in the goods in respect of loss or damage or deterioration or otherwise passes to the purchaser.

5.2 All goods must be examined at the time of delivery and claims for breakages will be accepted only if reported on the same day of delivery. If some or all of the bottles of wine in a case are broken or spoiled when they are delivered you should notify us on the same day of delivery.

6 Limitation of liability

6.1 We will not be liable for any loss or damage caused by us or our employees in circumstances where:

i. loss or damage was not foreseeable to both parties when the contract was formed;

ii. loss or damage was not caused by any breach on the part of the supplier;

iii. loss or damage relates to business and/or non-consumers.

6.2 We will not be liable for loss or damage caused by the customer handling the wine. In particular we will not be liable for spillages or breakages.

6.3 Customers should also be aware of the following inherent risks and warnings:

i. Alcohol should be consumed in moderation.

ii. A case of wine is heavy so extra care should be taken when lifting it. If you are concerned about the weight we advise that you transfer the bottles 1 or 2 at a time.

iii. Red wine in particular may cause staining if spilt so extra care should be taken.

iv. Sparkling wines can be volatile due to the build up of gasses. Extra care should be taken when opening these bottles.

 

7 Privacy Policy

7.1 We are committed to protecting our visitors' privacy and we will not collect any personal information about you as a visitor unless you provide it voluntarily. Any personal information you communicate to us is kept within our own records in accordance with the Data Protection Act 2001.

7.2 Data Protection Act 2001
The Data Protection Act 2001 has been enacted on the 14th December 2001 and the section concerning the appointment of the Data Protection Commissioner and the Data Protection Appeals Tribunal has been brought into force as from the 22nd March 2002. We therefore consider that we have a legal duty to respect and protect any personal information we collect from you and we will abide by such duty. We take all safeguards necessary to prevent unauthorised access and we do not pass on your details collected from you as a visitor, to any third party unless you give us your consent to do so.

7.3 Information Collected
As a visitor, we collect two types of information on you:

i. Contact information or

ii. Feedback information

7.4 Contact or Feedback

When you provide your details on our shop we will not pass the details to any third party without your permission, other than where we have to do so to get the wines to you, e.g. to MaltaPost or our own delivery fleet. We shall only use your details to process orders.

When you fill the form on the "CONTACT US" page, we use the personal information submitted in the form only to respond to your message. This personal information will not be kept longer than necessary and will be deleted once the feedback requirement is met.



7.5 Changes to Privacy Policy
If there are any changes to the privacy policy, we will replace this page with an updated version. It is therefore in your own interest to check the Privacy Policy at  any time so as to be aware of any changes which may occur from time to time.

8 General

8.1 We shall not be liable for any delay in delivering your wine if that delay or failure is caused by circumstances beyond our control such as, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, fire, flood, storm or Act of God, failure of ISP or telecommunications provider in connection with the performance of this Agreement.

8.2 We make every effort to maintain the accuracy of the information on the shop but cannot accept responsibility for any prejudice, loss or damage which may occur from use of the information.

8.3 Intellectual Property Rights - You are entitled to use our shop in accordance with these Terms and Conditions only.

8.4 Security - It is your responsibility to protect your password from being disclosed to any third party.

8.5 Contracts may be concluded only in the English language.

8.6 No contract exists between you and us until we notify you that we have accepted your order.  We are not obliged to accept your order. We reserve the right to cancel any orders we cannot fulfil for any reason.

8.7 We may change or add to these terms and conditions for security, legal or regulatory reasons.

8.8 Customer satisfaction - If you are dissatisfied with our performance in any way, please contact our customer care department on +356 21825199 from Monday to Friday from 9:00am to 4pm.

8.9 Kindly find our contact details below should you wish to contact us:

Emmanuel Delicata & Sons Ltd.

The Winery

On The Waterfront

Paola PLA2143

MALTA

Tel: +(356) 21825199, +(356) 21806638

Email: sales@delicata.com

VAT Number: MT16132314
Trade license No.: 01/597