HOME AND LIVING
PURCHASE TERMS AND CONDITIONS

1. General

In this agreement (the ‘Agreement’) ‘Customer’ or ‘you’ means the person purchasing any item made available for purchase (the ‘Good/s’) from Home and Living (whether online via the website https://www.homeandliving.com.mt/ (the ‘Site’) or in-store) or whose order for the Goods is accepted by Home and Living.

The Site is managed by O.K. Limited, a Maltese registered company bearing company registration number C3506 and with VAT registration number MT 1270 7002 with its registered address at 4, Timber Wharf, Marsa, Malta (the ‘Seller’, ‘we’ or ‘us’).

2. Acceptance

2.1 On submission of an order for the purchase of Good/s (whether online or in-store) and upon confirmation of the availability of the requested Good/s, we will provide you with an order confirmation. A contract is formed, and this Agreement comes into full force and effect upon receiving an order confirmation from us.

2.2 This Agreement shall constitute the entire terms of the agreement (whether verbal or in writing) between the Seller and the Customer and the Goods purchased.

2.3 In the event that this Agreement contains provisions which are contrary to the provisions set out in any other document, on any packaging or on any invoice or receipt, the provisions of this Agreement shall take precedence.

3. Prices and Payment

3.1 All prices shown whether on the Site or in store are in Euro (€). The Site will clearly indicate whether the Good/s displayed in store or online are inclusive or exclusive of value added tax ‘VAT’ at the rate applicable by Maltese law.

3.2 Prices for our Goods are subject to market conditions and may therefore change without prior notice.

3.3 For purchases made online via the Site, purchase orders may only be submitted together with the online submission of payment. We encourage you to read our Privacy Policy which may be accessed here so as to understand how we use and process your personal data.

3.4 We endeavour to ensure that all goods offered on the Site are available at the same price as in our outlets. However, from time to time we may offer additional discounts for purchases online that do not apply in the Store or vice versa without the requirement to make any notifications of such in-store or online price differentiations.

4. Delivery

4.1 We deliver to all localities in Malta and Gozo.

4.2 Deliveries for orders exceeding a total amount of fifty euro (€50) will made free of charge. Unfortunately, it is not currently possible to combine separate orders once we have processed them, so you are requested to ensure that any changes necessary in order to increase the value of your basket to be eligible for free delivery are made before you confirm your order.

4.3 On delivery of the purchased Goods, the Customer shall be required to sign and confirm the delivery of the Goods by signing a copy of the delivery note/invoice provided by the delivery or courier service provider. Proof of identification of the recipient of the Goods may also be requested by the delivery or courier service provider.

4.4 Once dispatched, delivery will be made to the address specified in the order. Any subsequent redirection requests may be chargeable. If you are not available for delivery, cannot collect the Goods or if you are not able to pay a redirection, you shall inform us without undue delay, and we will contact you to establish another delivery appointment.

4.5 If despite a second attempt to deliver, the Customer fails to accept the purchased Goods, extra charges will be incurred by the Customer as from the third delivery attempt and the Company shall advise the Customer of the costs associated with re-delivery to be paid by the Customer.

4.6 If you are not in a position to accept delivery within fifteen (15) days from the agreed delivery date, the Company will have the right to cancel the order and this shall be without prejudice to our rights to be reimbursed for any other expenses incurred.

4.7 If we are not in a position to deliver the Goods within thirty (30) days from the agreed delivery date, the Customer shall have the right to terminate this Agreement and to a refund of the monies paid for the said Goods. No further damages may be claimed by the Customer from the Seller.

4.8 Deliveries are only made to ground floor and arrangements for lifters (if and when necessary) shall be done by and shall be at the expense of the Customer.

4.9 We do not offer international shipping at the moment. In the future, we hope to offer delivery convenience to all our prospective customers.

5. In Store Pick-Up

5.1 The Customer may also choose to collect the purchased Goods from our store located at OK Limited, 4, Timber Warf, Marsa, Malta.

5.2 When your purchase order is ready, we will contact you to inform you that your Goods are ready for collection. On collection you shall be required to sign and confirm the order by signing a copy of the delivery note/invoice and may be requested to present your identification document for identification purposes.

6. Storage Fees

6.1 When your purchase order is ready for collection or delivery (as the case may be) you shall receive an e-mail notification informing you that your Goods have been prepared. If you are unable to receive or to collect the purchased Goods within a period of ten (10) days from when the e-mail notification is received, we may transfer the purchased Goods to storage.

6.2 Storage costs shall be borne by the Customer who shall also bear the risk of loss or damage to the Goods during such storage time.

6.3 Additional storage fees will become applicable if the purchased Goods are not picked up by the Customer within a period of thirty (30) days from the date of receipt of the above-mentioned e-mail notification.

7. Ownership

7.1 The title of the Goods shall pass to the Customer upon the payment in full of the price of the Goods.

7.2 Risk of damage to or loss of the Goods shall pass to the Customer or a third-party indicated by him/her at the time of delivery.

8. Reservations and Exceptions

8.1 There may be slight variations between the final product and (i) the images shown on the Site; or (ii) particular showroom samples, with respect to finish, colour, tone, graining or precise measurements. Certain hand-made products are by their nature irregular and variations are typical and to be expected. Home and Living’s products will substantially conform with the descriptions however, the Company does not guarantee against wearing, colour, fading or minor variation in wave, colour, tone, graining or precise dimensions.

8.2 We attempt to post accurate information but errors may sometimes occur. Any such errors in product specifications, descriptions, and pricing will be corrected when they become known and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions, including after an order has been submitted.

8.3 If an error in pricing is discovered after your order has been submitted, we will inform you of the error at which time you may opt to cancel or reaffirm your order at your option.

8.4 The Company does not represent or warrant that the material and/or descriptions contained on the Site, that any of the functions of the Site and the servers it operates on, will be without interruption or delay or will be error-free, free from defects, viruses or bugs or compatible with any other software or material. The Site is provided “as is” and any access of the Site is entirely at your own risk. Similarly, nothing on this website constitutes, or is meant to constitute, advice of any kind.

9. Use of Purchased Goods And Indemnity

9.1 It is the Customer’s responsibility to carefully read our Disclaimers and Recommendations section, as found in Annex A of these Terms and Conditions, which annex is being incorporated in and made part of this Agreement.

9.2 Notwithstanding the above, it shall remain the sole responsibility of the Customer to carefully read the instructions and to follow the guidelines set out on the user’s manual of each respective product before using and whilst operating the purchased Goods.

9.3 The Seller shall not be held liable for any future action, suit, proceeding, hearing, investigation, charge, claim or demand arising out of any injury to individuals or property as a result of the ownership, possession or use of the product sold, leased or delivered by the Seller to the Customer, except to the extent caused by the negligent acts or omissions or misconduct of Seller.

10. Installation and Assembly

We also offer installation and assembly services for Goods purchased from Home and Living and the services are subject to the Terms of this clause 10.

10.1 A request for installation and assembly services may be made in writing via e-mail to info@homeandliving.com.mt or by contacting us on +356 21343865 or on +356 21343866. We will review your request and we will suggest a date and time for such services to be provided to you at the comfort of your home. Where possible, we will try to schedule the said service on the Delivery Date.

10.2 All Goods must be signed for on delivery by an adult aged 18 years or over.

10.3 The Goods to be assembled must be located inside the room where they are going to be used or within three (3) metres from such place.

10.4 We may at times require the assistance of our third-party sub-contractors (the ‘Sub-Contractors’) to complete certain installations. Where the engagement of Sub-Contractors is required, the Customer hereby agrees that the Seller shall not be held liable for any liability, actions, claims, demands, losses, damages and costs incurred by the Customer including but not limited to all reasonable costs incurred by the same through the fault or negligence of the Sub-Contractors.

10.5 It is the Customer’s responsibility to ensure that there is an adequate clear and clean space available for the Goods to be assembled as the assembly team or our Sub-Contractors (as the case may be) shall not be responsible for moving any existing furniture. Should there not be an adequate and safe space, the workmen will advise you of this and you will be required to book an alternative appointment until these requirements can be ensured. In any such event, additional costs may be incurred.

10.6 The Customer shall also be responsible for safe disposal of any packaging material after the installation is complete.

10.7 To cancel an assembly appointment or reschedule to an earlier date, you are kindly requested to contact us on +356 21343865 or on +356 21343866 or via e-mail on info@homeandliving.com.mt.

11. Requesting an on-site inspection

11.1 You may also request an on-site visit for the inspection of any items purchased from Home and Living (whether in-store or online). The minimum fee shall be forty euro (€40) which shall be applicable for each inspection and payable by the Customer on the day of the appointment.

11.2 The above-mentioned charge will be waived if, as a result of the said inspection, the product is found to still be under warranty and that the issue occurred due to a defect in the product itself.

12. Returns

If you are not entirely satisfied with your purchase, we are here to help. All orders and/or purchase of Goods will be subject to the returns policy stated herein.

12.1 You have fourteen (14) calendar days from the Delivery Date or from date of the in-store pick-up (as the case may be) to return any of the purchased Goods. You may submit a request to return your purchased items by sending an email to info@homeandliving.com.mt. The Seller will seek to reply to your request as soon as reasonably possible.

12.2 Purchased Goods may be returned to us at Triq D’Argens, Gzira, GZR 1336, Malta. Alternatively, local collection for returns can be carried out at a minimum charge of thirty-five euro (€35) excluding VAT.

12.3 On returning any of the purchased Goods, a copy of the receipt or proof of purchase shall also be presented by the Customer.

12.4 Items cannot be returned if you have started to assemble them. Returned Goods handed over to the Seller must be unused, free from any defects, in their original packaging and in a re-saleable condition. It is the responsibility of the Customer to take reasonable care of the Goods from the time that they are delivered until the time they are returned.

12.5 Once we receive your returned item, we will inspect it and we will notify you that we have received your returned Good/s. If your return is approved, we will initiate a refund to your credit card (or original method of payment) which refund will be received within a period of fourteen (14) days.

12.6 The Customer acknowledges and accepts that delivery costs are non-refundable.

12.7 Non-Returnable Items
Certain Goods such as gift vouchers, custom made furniture, made to measure items, on-order or pre-ordered items, perishable items or items which by their nature deteriorate or expire rapidly, goods which have already started being produced by our manufacturers for the benefit of the Customer (as the case may be),or bulbs or accessories are not returnable by their nature and the Company cannot guarantee the acceptance of the return of such Goods. The Customer hereby accepts that the Sellers prior approval for returns is subject to the internal policies of the Seller.

13. Offers and Promotions

Offers and promotions are only valid until stock lasts.

14. Liability and Defects

14.1 Any claim for any defect in the quality or condition of the Goods shall be notified to the us in writing on info@homeandliving.com.mt within a period of five (5) days from delivery. The notification shall contain a detailed description and photos of the alleged defect. Failure to notify the Seller of any defects within the time-frame stipulated above, shall be deemed as if the Goods were received in good condition and were accepted by the Customer.

14.2 In the case of defective Goods, the Company may, at its sole option, repair or replace the Goods free of charge or refund the price of the Goods. The foregoing shall be the Customer’s only and exclusive remedy in the case of defective Goods and the Company shall have no further liability to the Customer.

14.3 We do not accept liability for any direct, indirect, special or consequential loss or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contacts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data. These limitations apply even if we have been expressly advised of the potential loss.

14.4 Notwithstanding anything else stipulated in this Agreement, the Seller’s liability shall never exceed the price of the Goods which are the subject of the claim by the Customer.

15. GUARANTEE

15.1 The Goods offered for sale by the Seller are subject to the warranties and guarantees awarded by law.

15.2 The warranty shall not cover damage for which the Customer is responsible, for example, damage sustained due to high interior temperatures, intensive exposure to sunlight or artificial light, high voltages, natural wear and tear, damp or other temperature or weather factors or improper treatment. In the event of any fault or damage to the Goods, Customer must inform the Seller as soon as possible.

15.3 The Customer hereby acknowledges that due to possible electrical fluctuations, the Seller cannot offer warranties on light bulbs.

16. Amendments

Amendments or modifications to the order and/or purchases of Goods will not be accepted following payment confirmation online.

17. Withdrawal/Cancellation

17.1 Customers have the right to withdraw or cancel the order/purchase of Good/s for purchases made from a distance or off-premises purchases (online purchases) within fourteen (14) days from the order or purchase by informing the Seller in writing by emailing info@homeandliving.com.mt with his/her decision to cancel and quoting the order number (if applicable) for cancellation.

17.2 The right of withdrawal shall not apply to the supply of any Goods which:

1. are made to the specifications of the Customer or where these are clearly personalised;
2. are liable to deteriorate or expire rapidly;
3. are pre-ordered or on-order goods;
4. are not suitable for return due to health protection or hygiene reasons and have been unsealed;
5. are already in the process of being produced by our manufacturers (as the case may be); or
6. have been collected or delivered (in which case the Returns Policy shall apply).

17.3 Prior to the delivery (if any) of the purchased Goods, you shall have the right to cancel your order within the time-frames set-out below:

Where the overall price payable by the Customer is less than thirty (€30) euro for orders made online	Customer may cancel the order and withdraw from this Agreement within a period of five (5) calendar days from Delivery Date.
Where the overall price payable by the Customer exceeds thirty (€30) euro whether the Good/s are purchased instore or online	Customer shall have the right to withdraw and to cancel his order within a period of fourteen (14) calendar days from collection or the Delivery Date.

17.4 Where prior to the Delivery Date you opt to cancel your order or to withdraw from this Agreement and let us know of your request for cancellation by email as indicated in Clause 17.1, Seller will reimburse any payments made and refunds shall be made to the same card used for payment.

17.5 If it is too late and your order is already on its way, you can still return it in accordance with our return procedures as found in section 12 of this Agreement.

18. Breaches

Without prejudice to our rights under this Agreement, if you are found in breach of any of the provisions set out in this Agreement, we make take such action as we deem appropriate to deal with such breach. If you default negligently or wilfully in any of the obligations set out herein, you shall be liable for all losses and damages that such breach may have caused us.

19. Privacy

19.1 We take the privacy of our customers very seriously and for this reason will do our utmost to ensure that personal information provided to us is kept confidential.

19.2 We encourage you to read our Privacy Policy which may be accessed here so as to understand how we use and process your data.

20. Waiver

Failure by the Seller at any time to enforce any of the provisions of this Agreement shall not be construed as a waiver of any such provisions and shall not affect the validity of this Agreement or any part thereof, or the right of the Seller to enforce any provisions in accordance with its terms.

21. Enforceability

Should any provisions of these terms and conditions be held by any court to be invalid or unenforceable in whole or in part, the validity of the other provisions shall not be affected.

22. Force Majeure

Any delay, failure or performance or defective performance by the Seller shall not constitute a default or give rise to any claim so long as such failure is due to circumstances beyond the Company’s control or force majeure. “Force majeure” shall include but shall not be limited to the following unforeseeable events, namely; exceptional whether conditions, fire, strikes, epidemics, pandemics, shortage of energy or labour, industrial actions, compliance with any law or governmental order, rule, regulation or direction, machinery malfunctions, IT system disruptions or due to any health and safety measures strictly imposed by competent authorities in Malta which are beyond the control of the Seller and which result in the impossibility to perform the contractual obligations set out in this Agreement either temporarily or permanently.

23. Governing Law

This Agreement shall be governed and construed in accordance with the laws of Malta.

24. Amendments to agreement

This Agreement may only be amended with the written consent of the Seller.

25. Contact Us

In case of any queries, or should you require any assistance on your order, please feel free to contact us on +356 21343865 or on +356 21343866 or alternatively via e-mail on info@homeandliving.com.mt

Our Customer Service Department is open Monday to Friday (excluding Public Holidays) from 10.00am till 5.00pm.

24. Updates

These Terms and Conditions were last updated on the 3rd August 2020.

ANNEX A
SELLERS DISLAIMERS AND RECOMMENDATIONS

BARBEQUES	Stainless Steel Barbeques	Unless otherwise stated, barbeques require assembly. Note that Gas Regulators and Gas Pipes are not included. Stainless Steel Barbeques must be covered when not in use. Stainless steel may experience ticking and/or surface rust. This is not a defect in the product. You are responsible read the user manual in order to determine the best care methods for your newly purchased product. Additional Tip: Applying baby oil to your newly purchased barbeque before using it for the first time will protect your barbeque to minimize rusting. If any surface rust is formed, we recommend wiping down the barbeque with the same oil every couple of weeks in order to decrease the likelihood of it being formed again.
BRASS	Brass fixtures	One of brass's ever-present properties is its tendency to tarnish when not protected from the environment. By time, brass will also age and the colour may tend to get darker. This is a natural process and is not a defect in the product. Kindly note claims for any replacements will not be accepted.
CLEANING OF PURCHASED GOODS	Sofas, Light Fixtures and Furniture	Cleaning of sofas, light fixtures and all types of furniture should be done with a damp cloth unless specified otherwise by the manufacturer’s care guidelines. You are responsible read the user manual in order to determine the best care methods for your newly purchased product. The use of cleaning products is not recommended and Customers should avoid cleaning products as it may lead to corrosion.
FURNITURE		Unless otherwise stated, furniture requires assembly.
INSTALLATION	Installation on limestone walls	When metal or aluminium fixtures are installed on limestone walls, these tend to experience corrosion. This is not a defect in our product but tends to occur depending on the type of surface said fixtures are being installed. The installation of rubber sheets (acting as a spacer between the stone and the fixture) eliminates the said corrosion. We use of stainless steel screws is also highly recommended when installing said fixtures.
LIGHTNING AND BULBS	Bulbs	Unless specified in writing, bulbs are not provided by the Seller to the Customer when purchasing lightning fixtures. In line with the provisions of this Agreement, due to possible electrical fluctuations, we cannot offer warranties on light bulbs. Any warranties or other contractual terms and conditions as found on the packing are hereby being excluded and Seller shall not be held responsible in this regard.
	Ground recessed and submersible lights	All bulbs and light fixtures being installed recessed in the ground must have an ingress protection (‘IP’) rating of 67 or higher. All bulbs and light fixtures bought with the intention of being submersed must have and IP rating of 68 of higher.
	Light fixtures	All bulbs and light fixtures being installed externally and used for outdoor spaces need to have an ingress protection (‘IP’) rating of 65. We highly recommend the use of IP65 fixtures for outdoor spaces. Fixtures with an IP44 rating may also be used outdoors provided that they are installed in sheltered areas. Kindly note that warranty will be voided if fixtures with an IP rating of less than 65 are used outdoors.