The following Terms and Conditions relate to the website Frank Borda Ltd. whose address is:
Gala Centre, Testaferrata Street, Ta’ Xbiex, Malta, email: [email protected], tel: +356 2133 1620 (‘Frank Borda Ltd.’/‘we’/‘us’/‘our’).
- Your contract for purchases made through the Site is with Frank Borda Ltd., and you undertake that any and all goods ordered by you are for your own private and domestic use only.
- 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 canceling 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.
- No contract for the sale of any product will subsist between you and Frank Borda Ltd. until Frank Borda Ltd. dispatches the product(s) ordered. We will confirm that the product(s) have been dispatched by a confirmation email. This confirmation e-mail amounts to an acceptance by Frank Borda Ltd. of your offer to buy goods from Frank Borda Ltd. or a third party supplier that is engaged on your behalf by Frank Borda Ltd. (whether or not you receive that e-mail).
- You agree that e-mail can be used as a long-distance means of communication. This confirmatory e-mail will contain all relevant statutory information concerning your contract.
- You must check that the details on this confirmatory e-mail are correct as soon as possible and you should print out and keep a copy of it.
- You undertake that all details you provide to Frank Borda Ltd. for the purpose of ordering or purchasing goods or services are correct, 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.
- You must choose a username and password on completion of registration. You are responsible for all actions taken under that username and password and shall only use the Site under your own username and password. You must make every effort to keep your password safe and should not disclose it to anyone. If it is compromised, you must change it. You may not transfer or sell your username to anyone, nor permit, either directly or indirectly, anyone to use your username or password.
- If there are any changes to the details supplied by you it is your responsibility to inform Frank Borda Ltd. as soon as possible.
- Trading License No. Trade Services Reference 61/339
- Vat Reg. No. MT 12770319
- The language in which contracts are made is concluded in English
- In the event that the clothing in your order is faulty or does not fit you, you may return it to Frank Borda Ltd. up to 30 days after the order date. In the event of faulty clothing, you will be entitled to a refund of the price of the returned faulty items, or exchange for items of equal price. If the return is due to non-fitting clothing, you are entitled to a store credit of the value of the returned items or exchange for items of equal price. You will be liable for any charges incurred in returning the goods to Frank Borda Ltd..
- Frank Borda Ltd. reserves 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 its sole discretion. Frank Borda Ltd. also reserves 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.
If you change your mind about the order, you can cancel your order within 7 days of making the order or receipt of the goods (whichever is longer). You can then return the items to us, and we will refund you for the purchase. The returned items must be unworn and undamaged.
- This section applies only to the extent permitted by law. For the avoidance of doubt, Frank Borda Ltd. do not exclude or limit any liability for (a) personal injury (including sickness and death) where such injury results from Frank Borda Ltd.’s negligence or wilful default, or that of Frank Borda Ltd.'s employees, agents or subcontractors or (b) fraudulent misrepresentation.
- Frank Borda Ltd. does 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.
- All the goods and services provided by Frank Borda Limited and which are hosted on the Company's website, are in conformity with local legislationand are imported from established recognised suppliers worldwide.
- If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. In the event that you order an item and the price published on the Site is incorrect for any reason, we will contact you to let you know the correct price and ask you whether you still wish us to fulfil your order at this price. We shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price. We shall give you the option of confirming the order at the correct price or if you so choose, to cancel the order altogether. If you cancel and have already paid for the goods in the circumstances described in this clause, we shall refund the full amount in accordance with these Terms.
- Frank Borda Ltd. will do its best to correct errors and omissions as quickly as practicable after being notified of them.
- TO THE FULLEST EXTENT PERMITTED BY LAW, FRANK BORDA LTD. IS PROVIDING THIS SITE 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 SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, FRANK BORDA LTD. DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT.
- 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, Frank Borda Ltd. shall, at its 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 Frank Borda Ltd. of the problem in writing at the address stated in the confirmation e-mail within 10 working days of delivery of the goods. NOTHING IN THIS CLAUSE AFFECTS YOUR STATUTORY RIGHTS.
- You and Frank Borda Ltd. will only be liable under these Terms for losses which are a reasonably foreseeable consequence of the relevant breach of contract. The products sold on the Site are provided for private domestic and consumer use only. Accordingly, Frank Borda Ltd. 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 Site or for any products or services purchased from Frank Borda Ltd..
Processing of orders
- Credit and Debit cards are debited on the day of order by Frank Borda Ltd.. All prices include sales taxes (where applicable) unless otherwise stated.
- Every purchase you make shall be deemed performed in Malta. Maltese law shall govern every aspect of contractual agreement concerning purchases made from the Site. Frank Borda Ltd. aims to arrange shipment of all items within 24 hours of receiving your order. Only ‘in stock’ items are shown in Frank Borda Ltd.’s catalogue.
- You can keep track of your order status yourself on-line with the order tracking facility on your account page. Our standard Returns Policy applies to all purchases from Frank Borda Ltd..
- Delivery is available to Malta and Gozo only.
- Goods will be sent to the address given by you in your order and stated in the Order Confirmation.
- Title to any product ordered will pass to you once Frank Borda Ltd. has received payment in full for that product. Risk in any product ordered will pass upon delivery to you. If your delivery address is outside of Malta, you may be subject to import duties and taxes, which are levied once a shipment reaches your country. Any such additional charges for customs clearance must be borne by you. You should note that customs policies vary widely from country to country; Frank Borda Ltd. advises each customer to contact their local customs office for further information.
- Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.
- 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.
- 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.
- You may not permit, create unauthorized framing of, or deep linking to, the Site or the creation of derivative works thereof from any other website under your management or control.
- In these Terms, ‘Intellectual Property Rights’ means patents, database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered) and other similar rights, together with the right to apply for the protection of any such rights. All Intellectual Property Rights in the Site shall be owned by us absolutely.
- Subject to the license granted to you to use the Site, Frank Borda Ltd. reserves all rights, title and interest in its Intellectual Property Rights in the Site. Any goodwill accruing from use of Frank Borda Ltd. and its affiliates’ trade marks, trade and business names and service marks under this Agreement will vest in Frank Borda Ltd. and its affiliates, as appropriate.
- It is a crime to use a false name or a known invalid credit card to order. Anyone caught willfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. Frank Borda Ltd. tracks the electronic ‘fingerprints’ of every order placed on Frank Borda Ltd. to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our website. We reserve the right to terminate this Agreement and to suspend or terminate your access to the Site 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 Site.
- Frank Borda Ltd. may amend these Terms from time to time, and place the new version on the Site. When Frank Borda Ltd. do so, it will mention the fact on our home page (www.Frank Borda Ltd.). For users purchasing goods or registering on the Site for the first time, 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 days following posting of the amended version on the Site. Your continued use of the Site following Frank Borda Ltd.’s 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 Site.
- 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 Frank Borda Ltd. and you relating to your purchase. Frank Borda Ltd. advises that you print off and keep safe a copy of these terms and conditions once your order has been accepted by Frank Borda Ltd.. We will store a copy of the contract entered into by you with Frank Borda Ltd.. 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.
- These Terms are subject to the laws and exclusive jurisdiction of Malta, EU.
Your personal information is stored by the management of Frank Borda Ltd. Gala Centre, Testaferrata Street, Ta’ Xbiex, XBX 1407, Malta, in full confidence. Customer services: [email protected]
All credit card transactions are secured and processed through Endeavour Internet Business Solutions Ltd., 209 Marina Street, Pieta' PTA9041, Malta. The management of Frank Borda Ltd. do not have access to your secure credit card information.
The Site uses a security system that protects your information from unauthorised use. However, as no data transmissions over the Internet can be guaranteed to be 100% secure, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk.
Save as provided below, we will not sell, distribute or disclose information about you as an individual or your personal usage of the Site (‘Information’) without your consent or unless required or permitted to do so by law. The Information we gather may include name, delivery address, email address, telephone number, and any personal preferences.
We would like you to keep the Information about you up-to-date. You may change any of the basic information we keep about you at any time by sending us an email to the above email address or using the ‘Your Account’ area.
We may use the Information we gather to notify you about important functionality changes and alterations to the Site, or offers of products, services or information that might be of particular interest to you. Your information may also be transferred to another company in the event of sale of our company to a third party. In that event, we will endeavour to ensure that your rights and freedoms in respect of the processing of your personal data are adequately and appropriately protected. By submitting your Information and ticking the requisite boxes on any order form or when subscribing to the services available on our Site, you consent to such use and transfer. If at any time you wish to stop receiving our newsletter or any other information you may have requested from us or any other company, please email or write to Customer Services at the address given for us above or click the Unsubscribe link (if available) at the bottom of any document you receive from us.
If any of the information you provide on the form you complete when ordering a product from the Site or subscribing to the services available changes, please notify us at the above Customer Services email address. We may occasionally modify this Privacy Statement, such variations becoming effective immediately upon posting to the Site and by continuing to use the Site, you will be deemed to accept any such variations.