These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
We amend these Terms from time to time as set out in clause 6. Every time you wish to order Products, please check these Terms to ensure you understand the terms that will apply at that time. These Terms were most recently updated on 31.06.2018.
These Terms, and any Contract between us, are only in the English language.
1.Information about us
1.1 We operate the website Orientashop.com. We are an unincorporated partnership trading as Orienta Ltd. Our address Orienta Ltd, Industrial Zone, Ta’Qali, ATD 4000, Malta. Our VAT number is _________
1.2: How to Contact us
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 7, you just need to let us know that you have decided to cancel. The easiest way to do this is to send us an email at [email protected] and just tell us the reason why and your order number. Or contact our Customer Services team by telephone on +356 21445733 or by post to Orienta Ltd, Industrial Zone, Ta’Qali, ATD 4000, Malta. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us].
(b) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at +356 21445733 or by e-mailing us at [email protected].
(c) If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 The packaging of the Products may vary from that shown on images on our site.
Your use of our site is governed by our Terms of website use Please take the time to read these, as they include important terms which apply to you.
5.1 If you are a consumer, you may only purchase products from our site if you are at least 18 years old.
5.2 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
5.3 After you place an order, you will receive e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 5.4.
5.4 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
5.5 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 10.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
6.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
6.21 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
6.3 We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:
(a) changes in relevant laws and regulatory requirements.
6.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
This clause 7 only applies if you are a consumer.
7.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 7.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
7.2 However, this cancellation right does not apply in the case of:
(a) sealed audio or sealed video recordings or sealed computer software, once these Products are unsealed after you receive them.
(b) any Products that become mixed inseparably with other items after their delivery.
7.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
|Your Contract||End of the cancellation per|
|Your Contract is for a single Product (which is not delivered in instalments on separate days).||The end date is the end of 14 days after the day on which you receive the Product.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
|Your Contract is for either of the following:
||The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.
|Your Contract is for the regular delivery of a Product over a set period.||The end date is 14 days after the day on which you receive the first delivery of the Products.
Example: if we provide you with a Dispatch Confirmation on 1 January in respect of Products to be delivered at regular intervals over a year and you receive the first delivery of your Product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all Products to arrive during the year.
7.4 To cancel just send us an email at [email protected]. We will e-mail you to confirm we have received your cancellation.
7.5 If you cancel your Contract we will:
(a) Refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if your handling them in a way that would not be permitted in a shop has caused this. [See section 13 for information about what handling is acceptable and examples]. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) Refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within [3-5] days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
(c) Make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) If you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 7.8;
(ii) If you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to [email protected].
7.6 If you have returned the Products to us under this clause 7 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
7.7 We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.
7.8 If a Product has been delivered to you before you decide to cancel your Contract:
(a) Then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can either send it back, [return it to us in-store or hand it to our authorised carrier. Please see for our return address [printable returns labels and information about our authorised carrier and how to arrange a return]. [ If we have offered to collect the Product from you [as advised in [INDICATE WHERE THIS IS COMMUNICATED]], we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection];
(b) Unless the Product is faulty or not as described (in this case, see clause7.6), you will be responsible for the cost of returning the Products to us. If the Product is one that cannot be returned by post, we estimate that if you use the carrier that delivered the Product to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the Product from you, we will charge you the direct cost to us of collection. We charge same price as the dispatch price (or unless discussed) in invoice for collection of all products.
7.9 Because you are a consumer, we are under a legal duty to supply products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 7 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
8.1 We will contact you with an estimated delivery date, which we aim to be the same day or following day that you have ordered the products and will be within 30 days after the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order)]. Occasionally an Event Outside Our Control may affect our delivery to you. See clause 14 for our responsibilities when this happens.
8.2 If no one is available at your address to take delivery, the courier will leave you a card to re arrange delivery. If you do not contact the courier or us to arrange redelivery within 2 working days the courier will return the products to us. If the products have been returned to our premises please contact us to rearrange delivery for which a further fee will be payable.
8.3 Delivery of an Order shall be completed when we deliver the products to the address you gave us
[or you or a carrier organised by you collect them from us]
and the products will be your responsibility from that time.
8.4 You own the products once we have received payment in full, including all applicable delivery charges.
This clause 8.4 only applies if you are a consumer.
If we miss the 30 day delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:
(a) We have refused to deliver the Products;
(b) Delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) You told us before we accepted your order that delivery within the delivery deadline was essential.
8.5 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 8.4 you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
8.6 If you do choose to cancel your Order for late delivery under clause 8.4 or clause 8.5, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
9.1 We deliver to all countries within the European Union (International Delivery Destinations). [However there are restrictions on some Products for certain International Delivery Destinations, so please review the information on that page carefully before ordering Products].
9.2 If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes that are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
9.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
9.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
10.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 10.5 for what happens if we discover an error in the price of Product(s) you ordered.
10.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
10.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in Malta for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
10.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the checkout process, before you confirm your order. To check relevant delivery charges, please see the check out page or email us for more information at [email protected].
1.5 THIS CLAUSE 10.5 ONLY COMPLIES IF YOU ARE A CONSUMER. If we miss the 30 days delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:
(a) we have refused to deliver the Products;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
10.6 If you do not wish to cancel your order straight away, or do not have the right to do so under Clause 10.5, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
10.7 If you do choose to cancel your Order for late delivery under Clause 10.6 or Clause 10.7, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
11.1 You can only pay for Products using a debit card or credit card. We accept the following cards: [LIST OF CREDIT AND DEBIT CARDS].
11.2 Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.
12.1 Some of the Products we sell to you come with a distributor’s guarantee (are own). For details of the applicable terms, please refer to the website page of the product under description of the product.
12.2 If you are a consumer, a distributor’s guarantee is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
13.1 We accept returns as described in clause 9 above.
13.2 In any other circumstances please email [email protected] with your order number and we will advise you whether we will advise you whether we will accept a return from you.
13.3 When you post the Product/s back to us it must be returned in its original packaging (as it was sent), must not be damaged and contain all items including manuals and accessories delivered to you. Please enclose your return reference number (this is your help desk ticket ID) and include a print out of the help desk email.
13.4 We do not accept any liability for Products returned that are damaged.
13.5 Once we receive the returned product and checked it over we will notify you and either send a replacement (subject to availability), offer a credit note or issue a refund to the debit/credit card used to make the original payment.
13.6 Custom made or special ordered products cannot be returned for a credit or a refund.
13.7 We do not accept any Products for return except as described in clause 9 and this clause 13. We reserve the right to refuse returns in our absolute discretion except as described in this clause 13.7.
13.8 Faulty products being returned within 28 days Orientashop.com will carry the postage, faulty products being returned after this time the consumer will pay. If a product is returned and found not to be faulty we reserve the right to charge for the postage.
14.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if you and we contemplated it at the time we entered into this contract.
14.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.3 We do not in any way exclude or limit our liability for:
(a) Death or personal injury caused by our negligence;
(b) Fraud or fraudulent misrepresentation;
(c) Any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) Any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples);
(e) Defective products under the Consumer Protection Act 1987.
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2.
15.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks [or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) We will contact you as soon as reasonably possible to notify you; and
(b) Our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
15.4 You may cancel a Contract affected by an Event Outside Our Control. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
16.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
16.2 If you are a consumer you may contact us as described in clause 1.2.
16.3 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
17.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
17.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
17.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.4 This Contract is between you and us. No other person shall have any rights to enforce any of its terms whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
17.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17.6 Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.