TERMS & CONDITIONS
By visiting and/or using our website you accept and agree to be bound by the terms and conditions set out below and to comply with all the applicable Law of Malta and EU regulations.
We reserve the right to change the terms and conditions under which the website and the products are provided. Any changes or variations will be effective from the date they are published in the terms and conditions section of the website. We recommend that you check the terms and conditions on the website regularly to ensure that you are aware of any updates.
Exotique is the trading name of Visual & Sound Communications Limited (Registered company number: C6189, Registered Malta VAT number: MT10774514) with registered address as follows: 380 Manuel Dimech Street, Sliema, MALTA.
When you place your order on our website you agree that all information you provide is accurate and complete. We will send a confirmation email which will detail the products ordered, payment method, and cost. You must check that all the details on this confirmation email are correct and contact us as soon as possible if any details are incorrect.
A contract of sale between the customer and us (Exotique) for the purchase of the goods will not be formed until your payment has been approved by us, the prices have been checked, and the order has been dispatched.
The order acknowledgement e-mail does not constitute acceptance of your order. We (Exotique) reserve the right to reject the order before processing.
We try to ensure that descriptions and prices on the website are accurate however, errors may occur. If we discover an error in the pricing of any goods 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. You will receive a full refund if you cancel your order. We reserve the right to refuse orders for items where information on the website contains errors, inaccuracies or out-of-date information regarding pricing or shipping.
All prices are displayed in EURO and include VAT where applicable.
We reserve the right to change prices and offers at any time.
Our website is updated daily and all items selected should be available at the point of order confirmation. However errors in stock holding can occur and in the unlikely event that we are out of stock of the product you ordered, we will contact you to offer a suitable alternative or a full refund.
We will try to deliver the goods to you within the time estimated for delivery as stated in the Delivery section. Same or next day delivery service excludes weekends (Saturday & Sunday) and public holidays.
If we are unable to deliver within the estimated time stated, 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.
Payment Method & Security
All online purchases shall only be accepted against payment by credit/debit card or Salamantex.
Your card details are received and processed directly by our payment gateway (PSP), the APCOpay Payment Gateway; your card details are transmitted from you to the payment gateway (PSP) encrypted over high-strength SSL for maximum protection and confidentially. Exotique does 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 (PSP) 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 Exotique 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.
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.
Cancellation & Returns Policy
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 writing which you send by post to our address (given above) or by sending an email to the following address : [email protected] 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 ;
- Goods must be returned complete with tags, original packaging, manuals and in fully re-saleable condition;
- 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 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.
Refund of Faulty Goods
If you have any problems with your purchase we will offer help and assistance. Please contact us for assistance. In the unlikely event that you receive goods which were not what you ordered we shall make good for any shortage, non-delivery, or replacement.
If you inform us that your product is damaged or defective, or are of a different quantity to that stated on your order form and we accept this, we can arrange for a replacement or for the item to be repaired at no extra cost to you. It is up to us to decide whether to repair or replace the item. In the case that the item cannot be repaired or replaced, we will provide you with a full refund.
You are to inform us within two (2) months from when you notice such defect and you will be required to send a copy of the invoice which accompanied delivery. Failure to show that you have purchased the item from us may result in the refusal of exchange or in the repair becoming chargeable. This is in line with your statutory rights which are to remain in force for a period of two (2) years.
We will be able to replace an item depending on our stock and the repair time may vary. We will not accept any claims for losses you suffer during this time or any other incidental or consequential damages you may suffer.
All products sold via our website are covered by the relevant statutory manufacturer warranties. If a fault is caused by accident, misuse or negligence, it will not be covered by the manufacturer’s warranty.
There may be a commercial guarantee, depending on whether this is subscribed for/provided, in which case the terms and the conditions of the specific commercial guarantee would be provided to you accordingly.
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.
Your right of cancellation is in addition to your other statutory rights.
The after sales service and warranty conditions mentioned below do not affect your statutory rights.
Warranty and After Sales Service
- We guarantee that the goods will correspond with the stated description and specification.
- We guarantee that the goods will be of satisfactory quality when delivered by our carrier.
- The terms of any manufacturer’s guarantee and after sales service will be included within the documents accompanying the goods.
- Exotique will handle the manufacturer’ s warranty up to 2 years from date of purchase. Products with manufacturers’ warranty over 2 years are to be returned directly to manufacturer by the purchaser. Please refer to manufacturer’s returns policy for returns procedure. This warranty does not limit or affect the 2 years Legal Warranty and 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 the Invoice/Cashsale or Fiscal Receipt.
- The manufacturer’s warranty only covers hardware component failures in the product. Exotique assumes no responsibility for any software installation/ breakdown/damage.
- It is your responsibility to backup the contents of your hard drive before you send in for service purpose. It is likely that the contents of your hard drive will be lost or reformatted in the course of repair and Exotique will not be responsible for any damage or loss of any programs, data or other information stored on any media or any part of the product serviced hereunder or damage or loss arising from the product not being available for use before or during or after the period of service provided or any consequential damage resulting there from.
- This limited warranty does not cover the following:
- any third party accessories
- cosmetic damages; damage or loss to any software programs, data, or removable; or damage due to:
- natural disaster, accident, misuse, normal wear & tear, abuse, negligence, commercial use or modifications to the product;
- improper operation or maintenance ;
- connection to improper voltage supply or electrical power surge
- attempted to repair by any party other than at our service centre at Visual & Sound Communications Ltd;
- use of components which is not approved by Visual & Sound Communications Limited
- use of pirated software.
- This warranty is invalid if the serial number has been altered or removed from the product.
- 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 the functionality at least equal to the product being replaced.
Limitations of Liability
The company does not guarantee that the Product to fit for any particular purpose. To the extent of local law, in no event shall Visual & Sound Communications Limited 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.
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.