TERMS AND CONDITIONS

1. Definitions

1.1. “we” and “our” refers to Golub Enterprises Ltd.

1.2. “Customer” means a person, natural or legal, that buys or intends to buy goods or services from the website belonging to Golub Enterprises Ltd.

1.3. “Product/s” means any individual item which is in stock and listed on the Website.

1.4. “Order/s” means a particular transaction made by any customer on the Website, evidenced by means of a document entitled “Order Confirmation”, whether in electronic format or hard copy, indicating the item/s and respective prices selected by the customer, whether paid or unpaid.

1.5. “Order Number” means a specific number which is attributed to any specific Order made by a customer.

1.6. “Payment Gateway” means an e-commerce application service provider service that authorizes credit card payments.

1.7. “Bank Transfer” means any method of transferring funds from the bank account of the customer to the bank account of Golub Enterprises Ltd., for the purpose of paying a particular Order, whether online or in the actual premises of a commercial bank.

1.8. “Website” means the website belonging to Golub Enterprises Ltd., ie. www.golubart.com

2. Purchasing

2.1. When you make a purchase of any of our Products via our website golubart.com, you enter into a legally binding agreement with us on these Terms and Conditions of sale and purchase. You should understand that by ordering any of our products, you agree to all of these Terms and Conditions.

2.2. All Orders placed through our website are subject to acceptance by us. After placing an order we will confirm acceptance of your submitted Order by sending you an e-mail entitled in the subject heading as “Order Confirmation”.

2.3. The contract of sale and purchase will relate only to those Products whose order we have confirmed in the Order Confirmation. We are not obliged to supply any further Products which may have been part of your Order until it has been confirmed in a separate Order Confirmation.

2.4. Whilst every effort is made to ensure a clear and accurate description of our Products we sell, please note that there may be slight variations in size, shape and colour shown in our Products. Illustrations and descriptions supplied on our website are for guidance only. We reserve the right to vary the content of any of the Products advertised on our website without notice to you, provided these variations do not materially alter any of the Products sold.

3. Links to Other Websites

3.1. We may provide links on our website to the websites of other companies, however no affiliated products will be sold through our website. We accept no guarantee that any products you purchase from third party sellers through our site will be of satisfactory, and any warranties are disclaimed by us absolutely. This clause does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.

3.2. Golub Enterprises Ltd. is not responsible for information held on or provided by third party websites.

4. Cancelling an order

4.1. Cancelling of an Order cannot be processed once the Product(s) have been dispatched.

4.2. If you are contracting as a consumer, kindly note that all items are dispatched within maximum of two working days from the initial Order. Should the item be already dispatched, it is not possible to cancel the order and obtain a refund.

4.3. Should the need arise, Golub Enterprise Ltd may provide proof that the said Order has already been dispatched.

4.4. Should the product/s contained in the Order not yet be dispatched, for a cancellation of the said Order to take place, Golub Enterprises Ltd must be contacted as soon as possible by email on: golubent@yahoo.com giving us your Order Number provided on the Order Confirmation email. If the accepted Order has not already been dispatched we should be able to stop it for you.

4.5. To cancel an Order, you must inform us in writing. Details of how to cancel an Order are provided in the Order Confirmation.

4.6. In the case of Orders involving items which require 2D to 3D conversion, we reserve the right to retain the amount payable to third parties outsourced by us in order to execute the said conversion.

5. Delivery, Price and Payment

5.1. Golub Enterprises Ltd. has no control over an order or any products once they have been dispatched. Products will be at your risk from the time of delivery.

5.2. Ownership of the Product(s) will only pass to you when we receive full payment of all sums due in respect of the Products, including any delivery charges that may be applicable.

5.3. After committing an Order, payment is either taken by:

5.3.1. The Payment Gateway (eg. APCO or PAYPAL) as soon as you click on PAY / Pay Now; Or

5.3.2. Bank Transfer

5.4. The price of any Products will be as quoted on our Website from time to time, except in cases of manifest error. Golub Enterprises reserves the right to vary any item and/or any price until an Order is confirmed. Prices are liable to change at any time, but changes will not affect any Orders that have already been confirmed through the Order Confirmation email sent to the customer.

5.5. The price of each item includes VAT (the current rate of VAT in Malta at the time of making the Order) but excludes any Delivery Costs that may occur. The Order will include the delivery costs depending on the items which are purchased and the choice of method/router of Delivery (ie. Any Delivery Costs will be added to the Total Amount Due for the Product(s) contained in your order.)

5.6. Our website contains a quantity of products, so therefore it is always possible that, despite our best intentions, some of the products listed on our website may be incorrectly priced or marked as “In Stock” when they are no longer available. We will normally verify prices as part of our dispatch procedures so that, where a product’s correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on our Website, we will at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you accordingly.

5.7. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

5.8. Payment for all Orders must be by Paypal, APCO or Bank Transfer.

5.9. We will only accept orders for items which are currently showing as “In Stock” on our website when you place your order. In the event that a Product is listed as being “In Stock” but is found to be of unsatisfactory quality at the time of intended dispatch, we will notify you immediately. If for any reason we are unable to fulfil your Order within 30 days, the Order shall be terminated, and can be re-placed at any time.

5.10.Notwithstanding any other rights we may have (which are specifically reserved), in the event that we are unable, either by means of a payment gateway or by means of bank transfer, to take full payment of the products from your specified account, we reserve the right to cancel the Contract forthwith or to suspend any pending deliveries to you.

5.11.All reasonable care is taken by us to ensure all information provided by you in connection with your order is kept secure. In the event that you may suffer loss through a third parties unauthorised access to any data you provide to us when accessing and ordering from our website, we cannot be held liable for that loss unless it is solely due to our negligence.

5.12.No card holder information is held by Golub Enterprises Ltd., nor the server/s on which this website is stored or processed. Credit card holder information is exclusively in the hands of the payment gateway. Information given in a bank transfer is remains solely between the Customer and the bank involved in the Bank Transfer.

6. Delivery

6.1. Deliveries are made according to the terms and conditions of Maltapost Ltd. (Monday to Friday excluding Saturdays, Sundays and Public Holidays).

6.2. Golub Enterprises do not operate on 1st January, 25th December and Good Friday.

6.3. Should the customer have selected to collect the Order from any retail outlet/s of Golub Enterprise Litd., the said collection can be from affected from our outlets, depending on the selection of outlet made by the customer, from Monday to Sunday. Full opening times are listed on our Contact page.

6.4. Standard delivery, according to Maltapost Ltd., is 3 to 7 Working Days. We always aim to meet our delivery times, but no guarantee can be made. This may be for reasons beyond our control. Large Orders and heavier items may also take longer to deliver. For more information, kindly refer to the Maltapost Ltd. website (www.maltapost.com).

6.5. All Delivery Costs are inclusive of VAT (the current rate of VAT in Malta at the time of making the Order) unless otherwise stated.

6.6. When a particular item is returned, the Customer must bear the shipping costs involved in returning the item to us and the shipping costs involved in sending the replacement to the said Customer. In the case of a simple refund, the Customer must bear the shipping costs involved in returning the item to us.

7. Cancelling An Order

7.1. If you wish to cancel an accepted Order please email us as soon as possible at golubent@gmail.com giving us your Order Number provided on the Order Confirmation email. If the accepted Order has not already been dispatched we should be able to stop it for you. If the accepted Order has been dispatched then the product will be delivered.

7.2. We cannot return, exchange or refund any of our Products. Our products may vary in appearance from the images displayed on our Website.

8. Privacy and Security

8.1. Subject to the terms of our Privacy Policy and Terms and Conditions, we do not pass on any email address or contact details to any third party.

8.2. When you place an Order with us, we do have to ask for certain details to be able to make a Contract for the Sale and Delivery of the Products. In addition to your name, address, we’ll also ask you for a telephone number in case of any problems. Our website is fully secure, with all of the information you give us kept confidential.

8.3. Please read our Privacy Policy which sets out how any information held by us about you may be processed or dealt with. By proceeding to place your Order you consent that we may process the personal data (including sensitive personal data) that we collect from you in accordance with our Privacy Policy.

9. Our Liability

9.1. We warrant to you that any Product purchased from us through our Website is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

9.2. Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your Order is accepted by us.

9.3. If any of these Terms and Conditions or any provisions of an Order are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

10. Agreement and Changes to Terms and Conditions

10.1.These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

10.2.We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms and Conditions.

10.3.Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms and Conditions.

10.4.We have the right to revise and amend these Terms and Conditions at any time to reflect changes, including but not limited to, changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.

10.5.You will be subject to the policies and Terms and Conditions in force at the time that you order a product from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the Terms and Conditions, unless you notify us to the contrary within 7 Working Days of receipt by you of the Products).

Law and Jurisdiction

11.1.Orders for the purchase of Products through our website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Maltese law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the Courts of Malta.

12. Fraud Prevention

12.1.Golub Enterprises Ltd does not hold any credit card details or banking details of any customer and therefore cannot be held responsible for any misuse or fraud relating to your credit card, debit card or any Bank Transfer.

12.2.By placing an Order (and thus accepting these terms and conditions) you consent to the handling of your credit card or banking information by either a payment gateway or the bank involved in the case of a Bank Transfer, depending on the method of purchase selected.

13. Statutory Rights

13.1.These Terms and Conditions do not affect your statutory rights.

Golub © 2019. All Rights Reserved.