Terms & Conditions
General terms and conditions of WSSM
The general terms and conditions of the sole trader Widows Sons Scotland Malta Chapter (WSSM) is currently in partnership with the NGO O.S.T.M.J. registered in Malta as a volunatry organisation under Maltese laws.
- 1. Definitions
- 1.1 The following definitions shall apply in these Terms and Conditions:
Agreement Each agreement that has been concluded between WSSM and a User, each amendment or addition to an agreement and also all (legal) acts in performance of an agreement and necessary to enter into an agreement;
Business A User who is acting on behalf of a business or profession and/or a legal entity;
Consumer A User who is a natural person not acting on behalf of his business or profession;
In writing By post or e-mail or any other (electronic) means of communication via which it is possible to send a message that is readable and reproducible;
Offer A non-binding offer from WSSM to a future User in respect of a potential Agreement;
Product wholesale, retail and fast moving consumer goods (FMCG) and or a Service to be rendered upon presentation of a ticket or document delivered as a download through this website or by email. Tickets can only be redeemed once unless otherwise staed on the ticket itself.
Services The sale and delivery of tickets, wholesale, retail and fast moving consumer goods (FMCG);
Terms and Conditions These general terms and conditions, which shall apply to the Agreement.
WSSM The sole proprietor Widows Sons Scotland Malta Chapter, or its legal successor(s);
User Each natural person or legal entity, either Consumers or Businesses, that uses the Services that WSSM and/or its legal successor(s) provides;
- 2. Applicability
- 2.1 These Terms and Conditions shall apply to all Offers and Agreements under which WSSM provides Services, of whatever nature and however described, to the User and also to continuing and/or additional Agreements concluded (tacitly) with the User.
- 2.2 Any general terms and conditions of the User shall be expressly excluded.
- 2.3 Before the Agreement enters into force, the content of these Terms and Conditions will be made available to the User. The content of these Terms and Conditions will be available for the User digitally in a way that allows the User to save the contents on a durable data carrier.
- 2.4 If one or more provisions of these Terms and Conditions are declared null and void or are nullified, the remaining provisions of these Terms and Conditions shall remain in full force. In this situation, the User and WSSM shall be obliged to endeavour to establish a valid replacement clause that reflects the original intention of the parties as much as possible and do so in consultation with each other.
- 2.5 WSSM shall be entitled to make interim amendments to these Terms and Conditions, which amended Terms and Conditions shall then apply to the Agreement. WSSM shall promptly notify the User of the amended Terms and Conditions and provide the User with a new copy of them.
- 3. Conclusion of the Agreement
- 3.1 WSSM shall not be bound by any Offer it has issued. An Offer shall solely be deemed to constitute a non-binding offer to the (future) User. The (future) User shall guarantee the correctness and completeness of the information provided to WSSM by or on behalf of the (future) User and on which WSSM has based its Offer.
- 3.2 The Offer will contain a complete and accurate description of the Product and will enable the User to make a good assessment of the Product. Any apparent errors or mistakes in the Offer will not be binding to WSSM.
- 3.3 An Agreement shall be concluded once the User has accepted the Offer issued by WSSM. The Offer shall be accepted as soon as User has placed an order via the website of WSSM.
- 3.4 If, at the request of the User, WSSM provides Services to the User before an Agreement is concluded between them and the Agreement is subsequently not concluded or is concluded at a later date, the User shall pay WSSM for all of the costs already incurred and also for work in progress, both of the aforementioned at the rates customarily charged by WSSM.
- 4. Agreement with Consumer
- 4.1 In case of a Consumer accepting the Offer of WSSM digitally, WSSM will confirm the Agreement promptly to Consumer digitally. Until Consumer has reached confirmation of the Agreement from WSSM, Consumer is entitled to terminate the Agreement.
- 4.2 In case the Consumer can pay for the Services digitally, WSSM will take any safety measures that are necessary.
- 4.3 WSSM will make available to Consumer, ultimately on delivery of the Product, the following written (or digital in a way that Consumer can save the information on a durable carrier) information:
- (a) The visiting address of the offices where Consumer can file complaints;
- (b) The conditions for the right of withdrawal of Consumer and the way in which Consumer can activate his right of withdrawal;
- (c) Information about guarantees and services after the purchase;
- (d) The price of the Product including all taxes and/or costs of delivery and/or way of payment;
- (e) The model form for the right of withdrawal (Attachment A).
- 5. Right of withdrawal Consumer
- 5.1 The Consumer can terminate an Agreement regarding a Product within 14 days after the purchase without any statement of the reason for termination. WSSM may ask Consumer about his reason for termination, but can not obligate the Consumer to disclose the reason.
- 5.2 The reflection period mentioned in section 1 starts on the day after the Consumer, or a third party that is designated by Consumer and is not the carrier, has received the Product, or the last Product in case of multiple Product orders. WSSM may, if the Consumer is clearly informed about this before making the order, refuse the order for delivering Products with a different delivery time.
- 5.3 If WSSM did not provide the Consumer with the model form for withdrawal, the reflection period ends twelve months after the official reflection period as described in the sections above.
- 5.4 If the Consumer invokes his withdrawal rights, he will give notice to WSSM within the reflection period by ways of submitting the model form for withdrawal or in any other clear and unambiguous matter.
- 5.5 The Consumer will return the Product to WSSM as soon as possible, but ultimately 14 days after the notice mentioned in the previous section.
- 5.6 The Consumer will return the Product complete with all accessories and packaging, in line with the instructions for return provided by WSSM.
- 5.7 The risk and burden of proof for the return in time of the Product is on the Consumer. The Consumer pays the costs for the return of the Product.
- 5.8 When the Agreement concerns a sealed Product or a Product that is not suitable to be returned for reasons of hygiene and/or health, the right of withdrawal is expressly ruled out.
- 6. Obligations of Consumer and WSSM during reflection period
- 6.1 During the reflection period Consumer will handle the Product and the packaging with care. He will only take of the packaging in a way that is necessary to assess the Product. The starting principle is that Consumer will assess the Product in a way he would assess the Product in a physical store. The Consumer cannot start using the Product. After the Consumer has started using the Product, he cannot invoke a reflection period.
- 6.2 The Consumer is liable for damages to the Product as a result of a breach of the duty of care mentioned in this article.
- 6.3 If the Consumer can send a digital notice of return, WSSM will confirm the receipt of the notice promptly.
- 6.4 WSSM will reimburse all payments of Consumer, including any delivery costs that Consumer paid to WSSM for the delivery of the Product, promptly but ultimately 14 days after the day on which Consumer sends notice of return. WSSM will use the same payment method as Consumer has used for the initial payment, unless the Consumer agrees on another payment method.
- 7. Payment
- 7.1 All amounts shall be exclusive of turnover tax (VAT). All amounts specified by WSSM shall always be in euro and the User shall make all payments in euro.
- 7.2 The data held in the records of WSSM shall be deemed to constitute full proof of the Services provided by WSSM and the amounts charged by WSSM for the said Services, without prejudice to the right of the User to provide proof to the contrary.
- 7.3 If the User fails to pay the outstanding debt after being issued with a notice of default and/or warning, WSSM shall be entitled to pass on the debt to a collection agency and to recover the costs thereof from the User.
- 7.4 The payments that the User makes shall firstly be applied against all interest and costs due and, thereafter, against the oldest outstanding, due and payable invoices.
- 7.5 All payments shall be made without discount, suspension or deduction to a bank account to be specified by WSSM.
- 8. Delivery
- 8.1 WSSM has the right to contract third parties for the delivery of the Products and/or Services.
- 8.2 In case User suffers damages that are caused by the delivery and/or logistics that are executed by third parties, WSSM will not be liable for those damages.
- 8.3 The risk of loss, damages or loss of value will be automatically transferred to User at the moment when the Product is in the control of User.
- 9. Retention of title
- 9.1 This article only applies to Business and not to Consumers.
- 9.2 All Product part of the Agreement and/or Service between Business and WSSM, will be delivered under retention of title until Business has fulfilled all obligations under the Agreement, including the payment of the Product.
- 9.3 The Business is not allowed to sell, pledge or in any way charge Products that are included in the retention of title.
- 9.4 The Products that are delivered under retention of title, should be clearly marked and separately stored by the Business.
- 10. Confidentiality
- 10.1 WSSM and the User shall ensure that the confidentiality is maintained of all data they obtain from each other and know or should reasonably know is confidential. The aforementioned shall not apply for the parties if and insofar as provision of the data in question to a third party is necessary by virtue of a court decision, a legal requirement or for the proper performance of the Agreement by WSSM. The party that receives the said confidential data shall only use them for the purpose for which they were provided. Data shall always be deemed to be confidential if one of the parties has qualified them as such.
- 10.2 The parties, which shall also be understood to include the employees and affiliated companies thereof, shall undertake to put sufficient measures in place to ensure the confidentiality of each other’s confidential data, which they learn of when performing the Agreement.
- 11. Privacy and data processing
- 11.1 The parties shall conduct themselves in accordance with current privacy legislation and regulations. The manner in which WSSM processes data shall be set out in its privacy policy and its cookie policy, the text of which is available on www.widowsonsmalta.com.
- 11.2 The User shall recognise and accept that WSSM will be permitted to collect and process personal data about the User and its employees throughout the term of the agreement. The aforementioned personal data shall be processed in accordance with the privacy policy of WSSM. The User shall ensure that it has the authorisations and notifications necessary to process the aforementioned personal data.
- 11.3 If requested to do so by WSSM, the User shall inform WSSM of the way in which it is fulfilling the obligations arising for it from personal data legislation. WSSM shall only be able to make a request of this nature if necessary for performance of the Agreement.
- 11.4 The User shall have full responsibility for all data that the User processes via the Services provided by WSSM. The User shall guarantee WSSM that the content, use and/or processing of data is not unlawful and does not infringe any right of a third party. The User shall indemnify WSSM against any legal proceedings brought by a third party in respect of the processing and/or use of the data that the User has processed using the Services provided by WSSM.
- 12. Intellectual property
- 12.1 All intellectual property rights to the software, websites, data files, equipment or other materials, such as analyses, designs, documentation, reports, offers and also preparatory materials thereof, that have been developed or made available to the User under the Agreement shall be vested solely in WSSM or its licensers or suppliers. The User shall acquire the rights of use that are expressly granted under these Terms and Conditions, the Agreement and by law.
- 12.2 Any right of use granted to the User shall be exclusive, non-transferable, non-pledgeable and non-sublicensable. The User shall not be entitled to share the content of the Services with third parties.
- 12.3 If the User provides WSSM with data and material in which copyright, portrait rights or other (related) rights of third parties are vested, the User shall indemnify WSSM against all possible claims from third parties.
- 12.4 The User shall not remove, instruct the removal of, alter, or instruct the alteration of any references to the confidential nature of software, websites, data files, equipment or materials. Nor shall it remove, instruct the removal of, alter, or instruct the alteration of any references to copyrights, trademarks, trade names or any other intellectual property rights from, the software, websites, data files, equipment or materials.
- 13. Termination of the agreement
- 13.1 Any attributable breach of the Agreement by a party shall give the other party the right to terminate all or part of the Agreement. It shall only be possible to invoke this right to terminate the Agreement after the other party has been issued with a notice of default in Writing that is as detailed as possible and gives the other party a reasonable period of time to remedy the breach and the other party fails to remedy the breach within the period of time in question.
- 13.2 The User shall not be entitled to terminate a fixed-term Agreement early, except in the event of the situation described in Article 5.2 of the Terms and Conditions. This section does not apply to Consumers.
- 13.3 WSSM shall be able to terminate all or part of the Agreement without giving notice and with immediate effect if:
- (a) the User is granted a (provisional) moratorium on payments;
- (b) a winding-up petition has been filed for the User;
- (c) the company of the User has been wound up;
- (d) decisive control of the company of the User changes directly or indirectly.
In the event of the winding up of the User as referred to in this paragraph, WSSM shall never be obliged to pay any reimbursement or compensation.
- 13.4 User will inform WSSM of any circumstance mentioned above promptly after it occurs.
- 14. Termination by Consumer
- 14.1 WSSM guarantees towards Consumers that the Product and Services are consistent with the Agreement, the specifications in the Offer and all reasonable and/or legal requirements.
- 14.2 In case the Consumer wants to terminate the Agreement, he can submit the form for right of withdrawal/termination in Appendix I. WSSM will accept this form and provide the Consumer with a confirmation of receipt promptly. Article 5 and 6 of the Terms and Conditions apply to the termination of the Agreement.
- 15. Liability
- 15.1 WSSM shall do its utmost to provide the Services to the satisfaction of the Business, but it shall never guarantee that the result of the Services will sufficiently correspond with that which the User envisaged in advance.
- 15.2 WSSM shall only be liable for any loss that the User sustains as a direct consequence of failures or unlawful acts attributable to WSSM when performing the Services (due to an intentional act or gross negligence). Any liability on the part of WSSM for any other form of loss shall be excluded, which loss shall also be understood to include additional compensation in whatever form, the payment of indirect loss, intangible loss, consequential loss or loss suffered by reason of a loss of profits.
- 15.3 In all circumstances, the liability of WSSM shall be limited to a maximum of the amount of the price stipulated for the Agreement. If the Agreement has a term of more than one year, the price stipulated for the Agreement shall be set at the total of the payments stipulated for one year.
- 15.4 The User shall indemnify WSSM against any claims for compensation from third parties.
- 15.5 The User shall only ever have a right to compensation if it notifies WSSM in writing of the loss in question as soon as possible after the loss arises.
- 16. Force majeure
- 16.1 If a force majeure situation prevents WSSM from providing all or some of the Services, WSSM shall have the right to suspend performance of the Agreement without judicial intervention, or, if the force majeure situation is permanent, to consider all or part of the Agreement as having been terminated, this at the discretion of WSSM and without it being obliged to pay any compensation or provide any guarantee.
- 16.2 The term “force majeure” shall but understood to include but not be limited to strikes, closure, fire, machinery breakdown, network server failures and other business interruptions (whether at WSSM or at the premises of its suppliers), transport disruptions and other events beyond its control, such as war, blockades, riots, acts of terrorism, theft, epidemics, pandemics, devaluation, natural disasters like floods and storms, and also a sudden increase in import duties and excise duties and/or taxes, delays or failure to deliver by suppliers, failure to obtain the permits and licences required and other government measures.
- 17. Applicable law
- 17.1 Maltese law shall apply to these Terms and Conditions and also to the Agreement.
- 17.2 Any disputes that arise further to the Agreement or the Terms and Conditions shall be subject to the judgment of the competent court in the judicial court of the Island of the Republic of Malta location in the first instance.
- 18. Contact details
- 18.1 The contact details of WSSM during business hours (09:00-17:00h) are:
- (a) E-mail address: customer.care@widowsonsmalta.com
- (b) VAT number:
Appendix I: Model form for right of withdrawal/termination
Model form for right of withdrawal/termination
(this form should only be completed and returned if you want to withdraw from the contract)
To: Widows Sons Scotland - Malta Chapter
Villa Blye Paola
customer.care@widowsonsmalta.com