Elevist Wellness Limited Sale of Goods Terms & Conditions

Last Updated on 22.08.2022

 

INTRODUCTION

“Elevist” means Elevist Wellness Limited, a company with Company Registration number C 101929 having its registered address 56/58, Triq Francesco Buhagiar, Birkirkara, Malta, with VAT Registration Number MT92120012 and/or any of its subsidiaries and/ or affiliates involved in providing the Services.

 
“You”/”Your”/”Yourself”/”User” means the buyer of the Goods. 

“Goods” means any goods, whether they include digital elements or incorporate digital content or otherwise, offered for sale by Elevist, on or via https://elevist.mt/ (owned and operated by Bluberry Investments Limited) ‘the Website’ (and/or at any Elevist physical store).

ELEVIST CAN BE CONTACTED AT info@elevist.mt, THROUGH THE WEBSITE’S ‘CONTACT US’  PAGE OR BY PHONING US ON EITHER +356 21417282OR +356 79315500.

1. YOUR USE OF THE WEBSITE

1.1. BY PURCHASING ANY GOODS FROM US AND/OR SIGNING UP FOR ANY SERVICES WE MAY PROVIDE, YOU AGREE TO THESE TERMS WHICH SHALL EXCLUSIVELY BE CONCLUDED IN THE ENGLISH LANGUAGE, AND WHICH SHALL BE DEEMED A LEGALLY BINDING CONTRACT BETWEEN ELEVIST AND YOURSELF. WE SUGGEST THAT BEFORE PURCHASING ANY GOODS AND/OR SIGNING UP FOR ANY SERVICES WE MAY PROVIDE, YOU READ THESE TERMS CAREFULLY, TOGETHER WITH OUR PRIVACY POLICY.

1.2. Our purpose and responsibilities are to offer You Our Goods and/or Our services (if any) via the  Website and/or otherwise.  

1.3. ELEVIST IS PROVIDING THE GOODS AND/OR ANY SERVICES VIA THE WEBSITE ON AN “AS IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE OR ITS CONTENTS AND DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES EXCEPT THOSE THAT YOU MAY BE EXPRESSLY ENTITLED TO BY LAW.  IN ADDITION, ELEVIST MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR SUITABILITY FOR ANY PURPOSE OF THE INFORMATION AND RELATED GRAPHICS PUBLISHED ON THE WEBSITE. THE INFORMATION CONTAINED ON THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. ALL LIABILITY OF ELEVIST HOWSOEVER ARISING FOR ANY SUCH INACCURACIES OR TYPOGRAPHICAL ERRORS OR ANYTHING ELSE FALLING UNDER THE RESPONSIBILITY OF THIRD PARTIES IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.

1.4. We have the right to revise and amend these Terms and/or the Goods from time to time to reflect changes in market conditions affecting Our Goods and/or services, changes in technology, changes in access rights to certain locations, changes to any health and safety laws or procedures, changes in payment methods, changes in relevant laws and regulatory requirements and changes in Our system’s capabilities or for any other lawful reason. Your continued access to or use of the Website to purchase Our Goods and/or any services We may provide, constitutes Your acceptance of any such change and/or amendment. You will be subject to the policies and Terms in force at the time that You use the Website and/or use Our services (if any) and/or purchases Our Goods (e.g. unless any change to those policies or these Terms is required to be made by law or governmental authority, in which case it will apply to orders previously placed by You). We have no control over any terms and conditions provided by any third parties including, Our Partners and/or the terms and conditions regulating the Website and/or any services offered by third parties via the same or elsewhere. 

1.5. Please note that Your use of third-party websites (including the Website) and/or resources and/or information shall be at Your own risk.

1.6 By using the Website We shall assume that You have read and accepted the Website owner’s terms and conditions which can be read here.

2.  ORDER ACCEPTANCE & RESERVATION

2.1. Once You request to purchase Goods through the Website, We shall process Your details, and subject to the accuracy of Your details (such as Your financial information) as well as the availability of the Goods and the fulfilment of the payment requirements set out in Clause 2.2 below (as well as Section 3) an email acknowledging Your order will be communicated to You, providing You with important information regarding Your order details. This acknowledgement 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.

2.2. A contract for the sale of any Goods You order from Us (the ‘Sale Contract’) is only created once We have accepted the order (including partial acceptance) and received full payment for Your order (via a payment gateway available on the Website or any other form of payment that We may indicate from time to time).

2.3. With regard to the delivery of Goods, unless We receive any information from You to the contrary, We will assume that the details that You provided Us in Your order(s) are correct and We shall proceed to use Our best endeavours to effect delivery thereof within the indicated timeframes (if any). Once the Goods are delivered to You, 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.

2.4. With regard to Goods with digital elements (if any), We will ensure that You are informed of and supplied with updates, including security updates, and informed of the consequences of the failure to install such updates, that are necessary to keep those goods in conformity with the Sale Contract and the law, by ensuring that the Goods are:

• fit for the purposes for which they will be used;
• of the quality and correspond to the description of a sample or model that We make available to You before the conclusion of the contract;
• delivered with accessories, where applicable, including packaging and instructions as You, the consumer may reasonably expect to receive;
• of the quantity and that possess qualities and features normal for goods of the same type, which You, the consumer may reasonably expect.

2.5. Where a particular characteristic of the Goods deviates from the objective requirements for conformity laid down in the law and set out in Clause 2.4 above, We will ensure to specifically inform You of such deviating characteristic at the time of the conclusion of the Sale contract.

2.6. All orders for Our Goods are subject to availability and acceptance by Us (whether electronically or otherwise). To the full extent permitted by law, We reserve the right to refuse any order made by You for whatever reason. Whenever We are not able to accept Your order, such as whenever the item requested is out of stock, Elevist reserves the right to cancel any online order made by You. In such cases Elevist shall inform You of the above by email and offer alternative items of a similar specification and description at the price indicated in the same email, also stating the period for which such offer at the price shall remain valid.

2.7. We will not be legally bound by any factual or typographical errors on the Website or other promotional materials.

2.8. By placing an order through the Website You warrant that You are eighteen (18) years of age or older and that no legal impediment of any kind prevents You from contracting with Us in any way.

3. DELIVERY OF GOODS

3.1. When placing Your order, You will be given the opportunity to specify the method of delivery of the Goods and the appropriate address, as well as the option to choose a delivery date from those available. Please note that certain delivery charges may apply. Third party delivery costs are beyond Our control. Please note that no deliveries can be made on public and/or national holidays and Sundays. The average time for delivery varies according to the delivery and other factors, some of which are beyond Our control. Any delivery costs that may be applicable will be added to the price of the Goods when you proceed to checkout but prior to You submitting payment for the Goods.

3.2. 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.

3.3. Once the Goods have been delivered, 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.

3.4. If there is any error or any other problem related to the delivery of the Goods in question, please be sure to notify Us in writing within 14 days from the delivery date. We will not be liable for any loss or damage in relation to such error/problem should You fail to do this.

4. PRICE AND PAYMENT

4.1. The price of the Goods (and/or any services We may offer) available for purchase available from the Website shall be shown on the Website.

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

4.3. Unless otherwise indicated, prices include VAT and delivery charges (if applicable).

4.4. The full price You will pay for the Goods is the price for those specific Goods as appearing on the Website at the time of placing Your order (and as confirmed by Us and/or as appearing in Your pending orders, if any).

4.5. Payment shall be made by You by the means specified on the Website or other means as may be indicated by Us and shall not be deemed to be made until We have received cleared funds in respect of the full amount due.

4.6. At present, payment for all Goods purchased from the Website shall be exclusively via payment gateway(s) available on Our Website. Besides the above-listed means of payment, when Goods are NOT purchased from the Website, cash or cheque payments may also be made such as where Goods are bought physically at Our premises, facilities or at an event organised by Us or where otherwise specifically and explicitly indicated by Us.

4.7. Please note that Elevist uses third party services to process Your payments made from the Website, such as those of a payment gateway provider and/or payment services provider. All personal details relating to payment processing are encrypted and no credit card details are stored by Elevist. While We have endeavoured to make payment as secure as possible, You understand that some risks may still exist and that any loss of personal data cannot result in liability on Elevist’s part. For more information on privacy issues please read Our Privacy Policy. Moreover, before effecting payment via third party payment gateway providers, please ensure to read the privacy policy/ies and terms of use of the said third party service provider(s). 

5. RIGHT OF WITHDRAWAL & ADDITIONAL TERMS

5.1. Your right of withdrawal only applies to the Goods You may purchase or services you may book via the Website, unless We inform You otherwise.

5.2. Subject to the provisions of Clause 5.3 below, if You are contracting as a consumer, You have the right to withdraw from the Sale Contract of any Goods at any time within 14 days beginning from the day after You receive the Goods (See Clause 3 for more information on Our delivery methods). The withdrawal period will expire after 14 days from the day on which You acquire, or a third party other than the carrier and indicated by You acquires, possession of the Goods.

5.3. The right of withdrawal granted to You, as a consumer, pursuant to Clause 5.2 does not apply to:

(a) those Goods which are liable to deteriorate or expire rapidly;

(b) sealed Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery; or

(c) bespoke or personalised Goods.

5.4. To exercise the right of withdrawal, You must inform Us of Your decision to withdraw from the Sale Contract by an unequivocal statement either by contacting Us at info@elevist.mt. Alternatively, You may choose to use the model withdrawal form included in Clause 5.7 below. We will communicate to You an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay.

5.5. Subject to Clause 5.3 and Clause 5.4 above, if You withdraw from the Sale Contract (of Goods) successfully and before the deadline indicated in Clause 5.2, We shall reimburse to You all payments received from You (if any), including the costs of delivery (with the exception of the supplementary costs resulting from Your choice of a type of delivery other than the least expensive type of standard delivery offered by Us) where applicable, without undue delay and in any event not later than fourteen (14) days from the day on which We are informed about Your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise; in any event, You will not incur any fees as a result of such reimbursement. 

5.6. You are responsible for the correct details that You submit including correct date and time (when asked to provide such information). We cannot be held responsible for any customer errors. 

5.7. Should You wish to withdraw, as specified in Clause 5.4 please use the following model withdrawal form and send it with all the completed details indicated below to info@elevist.mt:

(complete and return this form only if You wish to withdraw from the Sale Contract of Goods or an appointment for any of Our services, as may be applicable)

—  To Elevist at Labour Avenue, Naxxar:

—  I/We (*) hereby give notice that I/We (*) withdraw from my/Our (*) contract of sale of the following goods (*)/for the provision of the following service (*),

—  Goods ordered on (*)/received on (*): __________________________(*)

—  Name of consumer (s): __________________________

—  Address of consumer(s): __________________________

—  Signature of consumer(s) (only if this form is notified on paper): __________________________

—  Date: __________________________

(*) Delete as appropriate

Please Note: To help Us with identifying You and processing Your withdrawal quickly, please notify Us about the following details combined with Your withdrawal notice:

– Your email address with which You signed up/contacted Us/placed an order with Us

6. PROMOTIONS

6.1. All promotions online are subject to removal without notice (without affecting any promotions that You are entitled to benefit from).

6.2. All promotions are on a “While Stocks/Services Last” basis.

6.3. No Goods price is guaranteed until purchased. 

7. LIABILITY AND DISCLAIMER

7.1. We are fully committed to providing You with the best possible service as expeditiously as possible.

7.2. Having regard to Clause 7.1 above, to the fullest extent permitted at law and except in respect of death, personal injury or other damage caused by gross negligence on Our part We shall not be liable to You by reason of any representation (unless fraudulent), or any implied warranty condition or other term or any duty at law or under express terms of the contract for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by negligence on Our part or otherwise) which arise from or in connection with the use of the Website and the supply of any of Our services/goods, Our entire liability under or in connection with the provisions of the goods/services shall, under no circumstance, exceed the price of the Sale Contract or of any specific service(s) provided to You, except as expressly provided in these conditions.

7.3. In particular, and without limiting the generality of the foregoing, Elevist will not be liable for the delay in performing or failure to perform its obligations hereunder if the delay or failure results from acts or omissions of third parties and/or events or circumstances beyond Elevist’s control.

7.4. Elevist shall not be liable for lack of conformity of any Goods containing digital elements as may be made available for purchase on the Website and which results from lack of any update of digital content or digital services, where You fail to install such updates within a reasonable time, and where such failure to install updates, or the incorrect installation of such updates was not due to shortcomings in the installation instructions provided by Us.

7.5. Elevist shall not be liable for any losses resulting from third party services (including Your accessing of any third-party websites including the Website itself).

7.6. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

7.7. NOTHING IN THESE TERMS SHALL RESTRICT ANY MANDATORY STATUTORY RIGHTS YOU MAY ENJOY, INCLUDING CONSUMER RIGHTS, UNDER ANY APPLICABLE LAW.

8. INDEMNITY

8.1. You agree to indemnify, defend and hold harmless Elevist, its employees and affiliates, from any and all claims (including third party claims), liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, Your breach of these Terms, Your conduct (and the conduct of any minors under Your care), Your infringement of any Elevist rights or any other right of any person or entity or any defamatory or malicious statements made by You in any form (including online).

9. WRITTEN COMMUNICATIONS

9.1. Applicable laws require that some of the information or communications We send to You should be in writing. When using this Website, You accept that communication with Us will be mainly electronic. We will contact You by e-mail and/or electronic messaging or provide You with information by posting notices on Our Website. 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.

10. NOTICES

10.1. All notices given by You to Us must be given to Us at info@elevist.mt. 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 elsewhere in these Terms. In the case of any electronic notification, notice will be deemed received and properly served 24 working hours after an e-mail is sent.

10.2. 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.

11. TRANSFER OF RIGHTS AND OBLIGATIONS

11.1. The Sale Contract, these Terms and/or any additional contract as may be required between You and Us is binding on You and Us and on Our respective successors and assigns.

11.2. 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.

11.3. 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. If Your rights will be reduced in any way We will only proceed with Your prior consent. 

12. EVENTS OUTSIDE OUR CONTROL

12.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under a contract (including these Terms) that is caused by events outside Our reasonable control (“Force Majeure Event”).

12.2. 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:

12.2.1. Strikes, lock-outs or other industrial action.

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

12.2.3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic/pandemic or other natural disaster.

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

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

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

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

13. WAIVER

13.1. If We fail, at any time during the term of a contract, to insist upon strict performance of any of Your obligations under the contract in question and/or any of these Terms, or if We fail to exercise any of the rights or remedies to which We are entitled under any contract, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations.

13.2. A waiver by Us of any default shall not constitute a waiver of any subsequent default.

13.3. No waiver by Us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing.

14. SEVERABILITY

14.1. If any provision or part-provision of these Terms or any contract in place between us (including the Sale Contract) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.

14.2. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

15. ENTIRE AGREEMENT

15.1. These Terms and any document expressly referred to in them, (including any additional contract as may be required) represent the entire agreement between Us in relation to the subject matter of the contract and supersede any prior agreement, understanding or arrangement between Us, whether oral or in writing.

15.2. We each acknowledge that, in entering into a contract, neither of Us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between Us prior to such contract except as expressly stated in these Terms.

15.3. Neither of Us 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.

16. JURISDICTION

16.1. All disputes or claims arising out of or relating to these Terms and/or the Sale Contract and/or the Services provided to You shall be subject to the exclusive jurisdiction of the Maltese Courts to which the parties irrevocably submit.  

16.2. This clause does not apply if You qualify as a consumer domiciled in a European Union Member State.  In such cases, 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.

16.3. The European Commission provides an Online Dispute Resolution Portal under http://ec.europa.eu/consumers/odr/ which is dedicated to helping consumers and traders resolve their disputes out-of-court.

17. GOVERNING LAW

17.1. 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.

18. AFTER-SALE SERVICE

18.1. Questions, comments or requests regarding these Terms or any of Our Services should be addressed to: info@elevist.mt.

18.2. If You have any formal complaints these should be addressed in writing to Elevist, Labour avenue, Naxxar, NXR 9023, Malta

Last updated on 22.08.2022

Bluberry Terms & Conditions

Last Updated on 22.08.2022

0. DEFINITIONS

“Bluberry” means Bluberry Investments Limited, a company with Company Registration number C 82305 having its registered address 56/58, Triq Francesco Buhagiar, Birkirkara, Malta, with VAT Registration Number MT – 92120012 and/or any of its subsidiaries and/or affiliates involved in providing the Services. Bluberry is the legal owner of the brand “Elevist” and may trade under that name when offering the Services, in whole or in part. 

 
“You”/”Your”/”Yourself”/”User” means the user of the Website and/or customer of the Services. 

“Services” means any services other than Partner Services (as defined in Clause 1.2 below), digital or otherwise, offered by Bluberry on its Website as well as any other services offered by Bluberry elsewhere, which services include where Bluberry acts as intermediary to connect You with a professional that We partner up with (the “Partner”) all of whom are third party businesses, legal entities and/or persons who are independent from Bluberry and/or consultation services provided directly by Us whether trading as Bluberry or Elevist (including but not limited to consultation in the field of botanical and/or agricultural cultivation).

BLUBERRY CAN BE CONTACTED AT INFO@ELEVIST.MT, THROUGH OUR WEBSITE’S ‘CONTACT US’  PAGE OR BY PHONING US ON EITHER +356 21417282 OR +356 79315500.

1. YOUR USE OF THIS WEBSITE

1.1. These Terms & Conditions (the ‘Terms’) relate to Your use of the Services provided by Bluberry under the domain name https://elevist.mt/ (‘the Website’). BY USING THIS WEBSITE AND/OR SIGNING UP FOR ANY SERVICES WE PROVIDE, YOU AGREE TO THESE TERMS WHICH SHALL EXCLUSIVELY BE CONCLUDED IN THE ENGLISH LANGUAGE, AND WHICH SHALL BE DEEMED A LEGALLY BINDING CONTRACT BETWEEN BLUBERRY AND YOURSELF. WE SUGGEST THAT BEFORE USING OUR WEBSITE AND/OR PURCHASING ANY GOODS SOLD BY OUR AFFILIATES AND/OR SUBSIDIARIES AND/OR GROUP COMPANIES VIA OUR WEBSITE AND/OR SIGNING UP FOR ANY OF OUR SERVICES, YOU READ THESE TERMS CAREFULLY, TOGETHER WITH OUR PRIVACY POLICY, OUR COOKIE POLICY AND OUR COPYRIGHT NOTICE. 

1.2. Our purpose and responsibilities are to offer You access to an e-shop for goods made available for sale by our affiliates and/or subsidiaries and/or group companies and/or to offer You Our Services via Our Website and/or otherwise and/or to facilitate the setting-up of appointments between You and one or more of Our Partners via Our Website and/or otherwise and this, to facilitate Your meeting with the said Partner(s) and obtain the desired professional service directly from them, such as physiotherapy and/or yoga and/or similar classes whether these take place on Our premises and/or otherwise (the “Partner Services”).  All matters relating to the Partner Services, including but not limited to their preparation, organisation, instruction, coordination, content, professional advice and/or guidance provided as part of the same, cancellation and/or delivery of the said Partner Services shall be the sole and exclusive responsibility of Our Partners. To this end, We are neither organisers nor providers of the Partner Services and are and shall not be held responsible in any way whatsoever for the nature of the Partner Services provided by the Partner(s), be it via our Website and/or elsewhere and/or for any terms and conditions put in place by the said Partner(s). 

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

1.4. We will use reasonable efforts to ensure that the Website is available at all times. However, we cannot guarantee that the Website or any individual function or feature of the Website will always be available and/or error free. In particular, the Website may be unavailable during periods when we are implementing upgrades to or carrying out essential maintenance on the Website. Bluberry cannot guarantee the availability and/or fitness for purpose of any goods sold by third parties on the Website. 

1.5. We have the right to revise and amend these Terms and/or the Services from time to time to reflect changes in market conditions affecting Our Services, changes in technology, changes in access rights to certain locations, changes to any health and safety laws or procedures, changes in payment methods, changes in relevant laws and regulatory requirements and changes in Our system’s capabilities or for any other lawful reason. Your continued access to or use of the Website and/or the Services constitutes Your acceptance of any such change and/or amendment. You will be subject to the policies and Terms in force at the time that You use the Website and/or use Our Services (e.g. unless any change to those policies or these Terms is required to be made by law or governmental authority, in which case it will apply to orders previously placed by You). We have no control over any terms and conditions provided by any third parties including, Our Partners. 

1.6. Your permission to use the Website is personal to You and non-transferable. Your use of the Website is conditional on Your compliance with the rules set forth in these Terms and with the applicable laws.

1.7. Please note that the Website may contain links and other references to third party websites and resources (including those of Partners). We are not responsible for and do not endorse any such external sites or resources, and any such use of third-party websites and/or resources shall be at Your own risk.

1.8 Before purchasing goods via Our website, You may be required to read and accept third party terms and conditions (including those of Our affiliates/subsidiaries/group companies). 

1.9. By placing any request through the Website You warrant that You are eighteen (18) years of age or older and that no legal impediment of any kind prevents You from contracting with Us in any way.

2. ACCEPTANCE OF APPOINTMENTS

2.1. Your request to use and/or receive Services directly from Us which consist primarily in the booking of cultivation consultations via the Website and/or a request to book an appointment with one or more of Our Partners, constitutes a request to book any such appointment with Us and/or the said Partner at the price indicated on the Website at that particular time (the ’Request’). 

2.2. After sending Us Your Request, a message acknowledging that We have received Your Request will be displayed. The message will contain the Terms and Conditions as accepted by You prior to sending Us Your Request and any other required information that was provided or made available to You prior to such Request being made (e.g. the price and duration of the appointment) to enable You to doublecheck such information and, if necessary, immediately report incorrect data, if any. This acknowledgement does not constitute a contract of services, but merely an indication that Your Request has been received by Us and is being processed.

2.3. The Services described in this Clause 2 shall be deemed to have been provided to You once the consultation is complete and/or at the end of each appointment with Us whichever is the earliest. 

3. PRICE AND PAYMENT

3.1. The price of the Services available for purchase available from this Website shall be shown on the Website.

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

3.3. Unless otherwise indicated, prices include VAT.

3.4. Payment shall be made by You by the means specified on the Website or other means as may be indicated by Us and shall not be deemed to be made until We have received cleared funds in respect of the full amount due.

3.5. Please note that Bluberry uses third party services to process Your payments made from the Website, such as those of a payment gateway provider and/or a payment service provider. All personal details relating to payment processing are encrypted and no credit card details are stored by Bluberry. While We have endeavoured to make payment as secure as possible, You understand that some risks may still exist and that any loss of personal data cannot result in liability on Bluberry’s part. For more information on privacy issues please read Our Privacy Policy. Moreover, before effecting payment via third party payment gateway providers, please ensure to read the privacy policy/ies and terms of use of the said third party service provider(s). 

3.6 Please note that goods sold by Our affiliates and/or subsidiaries via the Website are governed by separate terms and conditions that are available for reading at any time via the footer below and also prior to You placing an order for any such goods via the Website. 

4. RIGHT OF WITHDRAWAL & ADDITIONAL TERMS

4.1. Your right of withdrawal only applies to Services You may book via the Website, unless We inform You otherwise.

4.2. If You are contracting as a consumer, You have the right to withdraw from any appointments you have made to make use of Our Services, at any time within 14 days beginning from the day you book such an appointment (if You have paid of any of the Services). Should Your appointment be earlier than 14 days from when You book it, Your right to withdraw will expire once you attend the appointment. Please note that in those cases where You have consented to having the Service performed and where the said Service is fully performed by Us, (for example where You show up for Your appointment with Us), You will not enjoy any right of withdrawal.

4.3. To exercise the right of withdrawal, You must inform Us of Your decision to withdraw from the appointment for Our Services by an unequivocal statement either by contacting Us at info@elevist.mt. Alternatively, You may choose to use the model withdrawal form included in Clause 4.6 below. We will communicate to You an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay.

4.4. If You withdraw from the appointment for Our Services successfully and before the deadline indicated in Clauses 4.2, We shall reimburse to You all payments received from You (if any) without undue delay and in any event not later than fourteen (14) days from the day on which We are informed about Your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise; in any event, You will not incur any fees as a result of such reimbursement. 

4.5. You are responsible for the correct details that You submit including correct date and time (when asked to provide such information). We cannot be held responsible for any customer errors. 

4.6. Should You wish to withdraw, as specified in Clause 4.3 above please use the following Model withdrawal form and send it with all the completed details indicated below to info@elevist.mt:

(complete and return this form only if You wish to withdraw from the appointment for Our Services, as may be applicable)

—  To Elevist at Labour Avenue, Naxxar:

—  I/We (*) hereby give notice that I/We (*) withdraw from my/Our (*) contract for the provision of the following service (*),

OR

—  Services appointment dated: __________________________ and booked on:___________________(*)

—  Name of consumer (s): __________________________

—  Address of consumer(s): __________________________

—  Signature of consumer(s) (only if this form is notified on paper): __________________________

—  Date: __________________________

(*) Delete as appropriate

Please Note: To help Us with identifying You and processing Your withdrawal quickly, please notify Us about the following details combined with Your withdrawal notice:

– Your email address with which You signed up/contacted Us/made Your request for an appointment

5. PROMOTIONS

5.1. All promotions online are subject to removal without notice (without affecting any promotions that You are entitled to benefit from).

5.2. All promotions are on a “While Stocks/Services Last” basis.

6. LIABILITY AND DISCLAIMER

6.1. We are fully committed to providing You with the best possible service as expeditiously as possible.

6.2. Having regard to Clause 6.1 above, to the fullest extent permitted at law and except in respect of death, personal injury or other damage caused by gross negligence on Our part We shall not be liable to You by reason of any representation (unless fraudulent), or any implied warranty condition or other term or any duty at law or under express terms of the contract for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by negligence on Our part or otherwise) which arise from or in connection with the use of the Website and the supply of Our Services and/or sale of any third party goods (whether purchased via Our website or otherwise), Our entire liability under or in connection with the provisions of the Services shall, under no circumstance, exceed the price of the Services provided to You, except as expressly provided in these conditions.

6.3. As explained in Clause 1.2, with regards to the Partner Services, Bluberry merely acts as an intermediary between You and the Partner. We are not responsible for the Partner Services provided to You by the Partner, which shall be under the sole responsibility of the Partner, and We therefore exclude without limitation all damages, losses or liabilities relating to any interaction between You and the Partner regardless of whether You have met with them via interactions with Our Website or otherwise.

6.4. In particular, and without limiting the generality of the foregoing, Bluberry will not be liable for the delay in performing or failure to perform its obligations hereunder if the delay or failure results from acts or omissions of the Partners and/or events or circumstances beyond Bluberry’s control.

6.5. Bluberry shall not be liable for any losses resulting from third party services (including Your accessing of third-party websites or purchasing third party goods, whether or not You access such websites through the Website).

6.6. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

6.7. NOTHING IN THESE TERMS SHALL RESTRICT ANY MANDATORY STATUTORY RIGHTS YOU MAY ENJOY, INCLUDING CONSUMER RIGHTS, UNDER ANY APPLICABLE LAW.

7. INDEMNITY

7.1. You agree to indemnify, defend and hold harmless Bluberry, its employees and affiliates, from any and all claims (including third party claims), liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, Your breach of these Terms, Your conduct (and the conduct of any minors under Your care), Your infringement of any Bluberry rights or any other right of any person or entity or any defamatory or malicious statements made by You in any form (including online).

8. WRITTEN COMMUNICATIONS

8.1. Applicable laws require that some of the information or communications We send to You should be in writing. When using this Website, You accept that communication with Us will be mainly electronic. We will contact You by e-mail and/or electronic messaging or provide You with information by posting notices on Our Website. 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.

9. NOTICES

9.1. All notices given by You to Us must be given to Us at info@elevist.mt. 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 elsewhere in these Terms. In the case of any electronic notification, notice will be deemed received and properly served 24 working hours after an e-mail is sent.

9.2. 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.

10. TRANSFER OF RIGHTS AND OBLIGATIONS

10.1. These Terms and/or any additional contract as may be required between You and Us is binding on You and Us and on Our respective successors and assigns.

10.2. 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.

10.3. 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. If Your rights will be reduced in any way We will only proceed with Your prior consent. 

11. EVENTS OUTSIDE OUR CONTROL

11.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under a contract (including these Terms) that is caused by events outside Our reasonable control (“Force Majeure Event”).

11.2. 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:

11.2.1. Strikes, lock-outs or other industrial action.

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

11.2.3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic/pandemic or other natural disaster.

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

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

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

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

12. WAIVER

12.1. If We fail, at any time during the term of a contract, to insist upon strict performance of any of Your obligations under the contract in question and/or any of these Terms, or if We fail to exercise any of the rights or remedies to which We are entitled under any contract, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations.

12.2. A waiver by Us of any default shall not constitute a waiver of any subsequent default.

12.3. No waiver by Us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing.

13. SEVERABILITY

13.1. If any provision or part-provision of these Terms or any contract in place between us is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.

13.2. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

14. ENTIRE AGREEMENT

14.1. These Terms and any document expressly referred to in them, (including any additional contract as may be required) represent the entire agreement between Us in relation to the subject matter of the contract and supersede any prior agreement, understanding or arrangement between Us, whether oral or in writing.

14.2. We each acknowledge that, in entering into a contract, neither of Us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between Us prior to such contract except as expressly stated in these Terms.

14.3. Neither of Us 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.

15. JURISDICTION

15.1. All disputes or claims arising out of or relating to these Terms and/or the Services provided to You shall be subject to the exclusive jurisdiction of the Maltese Courts to which the parties irrevocably submit.  

15.2. This clause does not apply if You qualify as a consumer domiciled in a European Union Member State.  In such cases, 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.

15.3. The European Commission provides an Online Dispute Resolution Portal under http://ec.europa.eu/consumers/odr/ which is dedicated to helping consumers and traders resolve their disputes out-of-court.

16. GOVERNING LAW

16.1. 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.

17. AFTER-SALE SERVICE

17.1. Questions, comments or requests regarding these Terms or any of Our Services should be addressed to: info@elevist.mt.

17.2. If You have any formal complaints these should be addressed in writing to Elevist, Labour Avenue, Naxxar, NXR 9023, Malta

Last updated on 22.08.2022