Terms and Conditions

Last updated on November 2019

In relation to the website www.aquaniwater.com (‘the Site’).

Please read the following terms and conditions of sale carefully before ordering products from us. 

Please note that we also offer leasing of various equipment that we provide/supply (including but not limited to water dispensers). Such lease contracts cannot presently be concluded via this Site and will only be created once we have both signed a separate physical lease agreement. A draft copy of any such lease agreement may be requested in advance.

PRELIMINARY

By purchasing goods from us, you agree to these Terms and Conditions as well as to our Privacy Policy. These terms do not replace or affect your statutory rights. In these terms, "you" and "your" refer to the customer/user of this Site and "we", "us, "our" and “Nibe” refer to Nibe Marketing Ltd (registered in Malta under Company Number C 46812 (exemption number EXO: 1711, Producer Registration number WMP 00028/09) having its registered office at SUB 003X, Industrial Estate, San Gwann, SGN 3000, Malta), which trades via the website www.aquaniwater.com (the “Site”).

Nibe Marketing Ltd. can be contacted at drink@aquaniwater.com or by writing to Nibe Marketing Ltd, SUB 003X, Industrial Estate, San Gwann, SGN 3000, Malta, or by phoning us on (+356) 21472271 during normal office hours.

Although We have done Our utmost to ensure the accuracy, timeliness and completeness of all information on the Site, no person should act or refrain from acting on the basis of any matter contained in the Site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue.

NIBE IS PROVIDING THE SITE ON AN “AS IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE OR ITS CONTENTS AND DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES EXCEPT THOSE THAT YOU MAY BE EXPRESSLY ENTITLED TO BY LAW.  IN ADDITION, NIBE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR SUITABILITY FOR ANY PURPOSE OF THE INFORMATION AND RELATED GRAPHICS PUBLISHED ON THE SITE. THE INFORMATION CONTAINED ON THE SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. ALL LIABILITY OF NIBE HOWSOEVER ARISING FOR ANY SUCH INACCURACIES OR TYPOGRAPHICAL ERRORS IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.


1. ORDER ACCEPTANCE

  • 1.1 After placing an order through this Site (which can only be done after you have registered your details with us and set up a user account), a message acknowledging that we have received your request to place an order will be displayed. This acknowledgment does not constitute a contract of sale but merely an indication that your offer (to place an order) has been received by us and is being processed. 

1.2 Shortly after placing your order, you will also receive an email which will (among other things) provide you with a summary of your order details. This email does not constitute a contract of  sale but merely a summary of the order details which are still being processed.Unless we receive any information from you to the contrary, we will assume that the details of your pending order(s) as indicated in the email are correct and we shall proceed to use our best endeavours to effect delivery thereof within the indicated timeframes.

1.3 All orders are subject to availability and acceptance by us. Should we be unable to accept your order for any reason (including but not limited to restrictions in terms of Clause 2.2 below), we will contact you directly (via email) where more details will be provided. The agreement executed (entirely by way of electronic communications) between you and Nibe shall be deemed binding upon acceptance of the order, including partial acceptance, by Nibe (the ‘Sale Contract’). If the order is not accepted by Nibe, Nibe shall immediately inform you thereof. Once the order is accepted, we will send you an email confirming that the contract has been concluded. 

1.4 Once the goods ordered from our Site are delivered to you, we may send you another email with various details depending on the nature of the transaction in question (including cash sales, invoices, delivery notes and (where applicable) electronic signatures).

1.5 To the full extent permitted by law, we reserve the right to refuse any order made by you for whatever reason.


2. SERVICE AVAILABILITY

2.1 We currently only accept orders from persons in Malta and Gozo.

2.2 By placing an order through this Site you warrant that you are resident in Malta or Gozo.

2.3 By placing an order through this Site you warrant that you are resident in one of the Serviced Countries.


3. PRICE AND PAYMENT

3.1 The price of the goods/services available for purchase from this Site are shown on the Site.

3.2 Prices are subject to change without prior notice but any such changes will not affect orders which have already been placed by you.

3.3 The prices that appear on our website are inclusive of VAT. Additional costs such as any delivery charges may also apply (See Clause 3.4 below)

3.4 Unless anything else is stated to the contrary, no additional delivery costs will be charged. Should any delivery costs indeed be applicable these shall be added to the price of the goods/services when you proceed to checkout but prior to you submitting payment for the goods/services.

3.5 The full price you will pay for the goods/services is the price as appearing on the Site at the time of placing your order (and as confirmed in the email mentioned in Clause 1.2 as well as in your pending orders).

3.6 Payment shall be made by you by the means specified in Clauses 3.7 and 3.8 below and shall not be deemed to be made until we have received cleared funds in respect of the full amount due.

3.7 You may choose to either: 

(a) pay directly on the Site. Payment for all goods/services purchased from this Site shall be exclusively by credit or debit card. We currently accept payment with VISA and MASTERCARD and any other cards as may be listed elsewhere on our Site (including any payment gateway(s) available on our Site); or 

(b) pay upon delivery (in accordance with Section 4 and particularly clause 4.3 thereof)

3.8 By way of exception to the payment methods listed in Clause 3.7 above, requests for credit of the products sold may be made on a case by case basis but we reserve the right to accept or reject such requests for any reason whatsoever. To enquire about our current credit policy please contact us at drink@aquaniwater.com or by phoning us on (+356) 21472271 during normal office hours.


4. DELIVERY

4.1 When placing your order, you will be given the option to choose a delivery date from those available. Please note that no deliveries can be made on public and national holidays and Sundays.

4.2 Where goods become available for delivery at different times, we will send you an email to notify you about this, and we reserve the right to deliver them in stages.

4.3 Once the goods have been delivered to you, if you have already affected payment via a payment gateway available on our Site, you will be asked to provide us with your (digital) signature to confirm receipt of the goods. If you select the option to pay upon delivery (or have been granted credit in terms of Clause 3.8 above), once we receive payment upon delivery, you will be given a receipt and we reserve the right to also ask you to provide us with your (digital) signature. Thereafter, (in all cases as mentioned in this Clause 4.3), you will hold the goods at your own risk and will be liable for their loss or destruction. We will not be liable for the loss or destruction of the goods once they have been delivered to you.

4.4 The average time for delivery to customers in Malta and Gozo is between 2 - 5 working days from the order date (unless there are exceptional circumstances).

4.5 The average time for delivery varies according to the delivery and other factors (some of which are beyond our control) in question.

4.6 We will not consider claims for lost dispatches before 28 working days have elapsed from the dispatch date.


5. CANCELLATIONS AND RETURNS

5.1 You may cancel your order at any time prior to your order being delivered (provided your order is still listed as pending on the Site) by telephoning (+356) 21472271 during normal office hours or sending us an email at drink@aquaniwater.com. This method of cancellation incurs no administration fee and you will be entitled to a full refund.

5.2 Once your order is no longer listed as pending on your account page on the Site, this means that the order is being dispatched (or has already been delivered to you) and that therefore, the order cannot be changed. However, certain goods may still be returned to us in the manner described in Clause 5.3 below.

5.3 If you are contracting as a consumer, you may cancel the Sale Contract at any time within 14 days beginning from the day after you receive the goods. You are to return the goods at the address indicated in clause 20.1. You will be responsible for the payment of any costs that may arise when returning the goods to us.

5.4 You may choose to withdraw from the Sale Contract by filling out the model withdrawal form, as provided in the law, that is available at the Schedule to S.L 378.17 of the Laws of Malta,  or by contacting us at drink@aquaniwater.com. You are to return the goods at the address indicated in Clause 20, or by phoning us by using number (+356) 21472271 during normal office hours where you will be guided on how to return the goods back to us.

5.5 In case of cancellation of a Sale Contract under Clause 5.3 above, you will be entitled to a full refund of the price paid provided that the goods in question are returned in their original packaging (if any), are in perfect condition and are not perishables or made-to-measure goods. Among other things, water bottles and/or containers must remain completely sealed and must not be spoiled in any way whatsoever (including the effects of exposure to the sun). If any goods are returned damaged or spoiled in any way whatsoever, we reserve the right to hold you liable for the diminished value of the goods resulting from the handling of the goods and, consequently, you will not receive a full (or any) refund of the price paid.

5.6 If you have any queries regarding the return of the goods you have purchased from this Site, kindly contact us at drink@aquaniwater.com or phone us by using number (+356) 21472271 (during normal office hours) where you will be guided accordingly.

5.7 If you are contracting as a consumer, you will also benefit from the statutory legal guarantee according to applicable law.


6. INSPECTION AND ACCEPTANCE

6.1 In furtherance to the provisions of Clause 5 above, and without prejudice to your statutory rights, any claims for damage, shortage or errors in shipping/delivery must be reported within three (3) days following delivery to you. You shall have fifteen (15) days from the date you receive any products to inspect such products and services for defects and nonconformance which are not due to damage, shortage or errors in shipping/delivery and notify us, in writing, of any defects, nonconformance or rejection of such products. After such fifteen (15) day period, you shall be deemed to have irrevocably accepted the goods purchased from this Site, if not previously accepted. To the fullest extent permitted by law, and subject to any legal guarantee, after such acceptance, you shall have no right to reject the products for any reason or to revoke acceptance.

6.2 You hereby agree that such fifteen (15) day period is a reasonable amount of time for such inspection and revocation. You shall have no right to order any change or modification to any product or service previously ordered by you or your representatives or cancel any order without our written consent and payment to us of all charges, expenses, commissions and reasonable profits owed to or incurred by us. Perishables and/or specially fabricated items may not be canceled or returned, and no refund will be made. The sole and exclusive remedy for merchandise alleged to be defective in workmanship or material will be the replacement (if possible) of the merchandise subject to the manufacturer's inspection and warranty.


7. PROMOTIONS

7.1 All promotions online are subject to removal without notice.

7.2 All promotions are on a "While Stocks Last" basis.

7.3 No purchase price is guaranteed until the order is accepted in accordance with Section 1 above.


8. LIABILITY AND DISCLAIMER

8.1 We are fully committed to providing you with the best possible service and delivering to you the purchased goods within the indicated time frames and in the best possible condition.

8.2 Having regard to Clause 8.1 above, to the fullest extent permitted at law and except in respect of death and personal injury caused by negligence on our part or on the part of our employees, we shall not be liable to you by reason of any representation unless this is fraudulent or misleading on our part, or for any warranty whether expressed, implied, or otherwise,  or  for loss, damage or expenses (including loss of profits, business or goodwill) that may arise from or in connection with the use of the Site or our goods or services unless such loss or damage results from fraud or gross negligence on our part or the part of our employees, agents, representatives or otherwise.

8.3 Nothing in these Terms and Conditions shall restrict any mandatory statutory rights you may enjoy under any applicable law.


9. INDEMNITY

9.1 You agree to indemnify, defend and hold harmless Nibe, its directors, officers, employees, consultants, agents, and affiliates, and we agree to indemnify, defend, and hold you harmless from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, a breach of these terms and conditions, an infringement of any intellectual property rights or any other right of any person or entity, or a breach of any duty of confidence or privacy, or any defamatory statements made in any form.


10. IMPORT DUTY

10.1 If you order goods from this Site for delivery outside Malta, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that We have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

10.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.


11. WRITTEN COMMUNICATIONS

11.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using this Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.


12. NOTICES

12.1 All notices given by you to us must be sent to us either at drink@aquaniwater.com or by post at SUB 003X, Industrial Estate, San Gwann, SGN 3000, Malta.  We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in Clause 11.1 above. In the case of any electronic notification, notice will be deemed received and properly served 24 working hours after an e-mail is sent. In the case of any notice sent by post, notice will be deemed received and properly served three (3) days after the notification is mailed. 

In proving the service of any notice, it will be sufficient to prove, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.


13. TRANSFER OF RIGHTS AND OBLIGATIONS

13.1 Any contract of sale concluded as per these terms and conditions between you and us is binding on you and us and on our respective successors and assignees.

13.2 You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.

13.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract, provided that your rights and obligations at law or under this agreement (including any guarantees or warranties) will not be affected by any of the above actions.


14. EVENTS OUTSIDE OUR CONTROL

14.1 Neither Party will 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 events outside our reasonable control ("Force Majeure Event").

14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

14.2.1 Strikes, lock-outs or other industrial action.

14.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

14.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

14.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

14.2.5 Impossibility of the use of public or private telecommunications networks.

14.2.6 The acts, decrees, legislation, regulations or restrictions of any government.

14.3 Performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and there will be an extension of time for performance for the duration of that period. Both parties will use their reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which their obligations under the contract may be performed despite the Force Majeure Event.


15. WAIVER

15.1 If either party fails, at any time during the term of a contract, to insist upon strict performance of any of the other party’s obligations under the contract or any of these Terms and Conditions, or if either party fails to exercise any of the rights or remedies. Either party is entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve the other party from compliance with such obligations.

15.2 A waiver by either party of any default shall not constitute a waiver of any subsequent default.

15.3 No waiver by either party of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Clause 12 above.


16. SEVERABILITY

16.1 If any of these Terms and Conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

16.2 Alternatively, the parties agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.


17. ENTIRE AGREEMENT

17.1 These Terms and Conditions and any document expressly referred to in them, represent the entire agreement between us in relation to the subject matter of the contract and supersede any prior agreement, understanding or arrangement between the parties, whether oral or in writing.

17.2 Both parties acknowledge that, in entering into a contract, neither party has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between the parties prior to such contract except as expressly stated in these Terms and Conditions.

17.3 Neither party shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms and Conditions.


18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

18.1 We have the right to revise and amend these Terms and Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities or for any other reason in our sole discretion which we may decide. You will be notified of such changes in these Terms and Conditions if you are already a registered user at the time of the said change.

18.2 You will be subject to the policies and Terms and Conditions in force at the time that you order goods or services from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority, in which case any changes to these Terms and Conditions will apply to orders previously placed by you and you will be notified of such changes.


19.GOVERNING LAW AND JURISDICTION

19.1 If you qualify as a consumer domiciled in a European Union Member State, jurisdiction shall be determined in accordance with the provisions of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, or any other legislative measure which may replace the said Regulation from time to time.

19.2 If, however, you do not qualify as a consumer domiciled in a European Union member State, all disputes or claims arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the Maltese courts to which the parties irrevocably submit.

19.3 This Agreement shall be governed and construed in accordance with Maltese law, saving, where applicable, the provisions of Article 6(2) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I), or any other legislative measure which may replace the said Regulation from time to time.

19.4 16.4.    Please note that the European Commission manages an Online Dispute Resolution website http://ec.europa.eu/odr/ dedicated to helping consumers and traders resolve their disputes out-of-court, including cross-border disputes.


20. AFTER-SALE SERVICE

20.1 Questions, comments or requests regarding these Terms and Conditions or our goods and/or services and any formal complaints you may have should be addressed to: Nibe Marketing Ltd.  SUB 003X, Industrial Estate, San Gwann, SGN 3000, Malta in writing, or emailed to us at drink@aquaniwater.com, or by phoning us on  (+356) 21472271 (during normal office hours).