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Updated on 1st August 2011

 

Terms and Conditions

 

By purchasing or ordering the Goods and/or Services, you agree to be bound by the terms and conditions set out below. Before you place your order, if you have any questions relating to these Conditions please speak to salespersons in-store or contact our customer service representatives by calling us on 21444545 / 21445603. These numbers are open to calls between 8:30am – 1pm & 2.00pm – 5:00p, during weekdays. Alternatively, you can contact us via our Website at www.ultimate.com.mt/contactus .

 

The Goods and Services comply with appropriate Maltese legislation and are only available to Maltese residents.

All transactions/orders carried out on this website are concluded in English.

 

"Ultimate" means  Cutajar Limited;

"Conditions" means these terms and conditions;

Goods” means any goods you purchase under these Conditions;

 “Personal Information” means the details provided by you to us;

"Services" means any services you order or otherwise purchase under these Conditions;

"Us/our/we" means Ultimate, a division of Cutajar Limited, a company registered in Malta under registration number C4975 with registered office located at 20, Triq L-akwadott, Birkirkara, Malta;

"Website" means either one of the websites located at http://www.ultimate.com.mt  or any other URL which may replace it; and

"You/Your" means the person ordering or otherwise purchasing the Goods or Services.

 

1. Rights and Obligations

1.1. You undertake:

1.1.1. to pay any amounts due to us in a timely manner;

1.1.2. that the Personal Information which you provide is true, accurate, current and complete in all respects; and

1.1.3. to notify us immediately of any changes to the Personal Information either via www.ultimate.com.mt/contactus  or by calling us on 21444545; and

1.1.4. not to impersonate any other person or entity or to use a false name.

1.2. We reserve the right to modify the price or the content or withdraw, temporarily or permanently, some or all of the Goods or Services available via our stores and/or our Website. We also reserve the right to change or add to these Conditions from time to time.

1.3. Unless you have placed an order for any Goods or Services, by the time such a change takes effect, we shall not be obligedto give you notice of any such modification or withdrawal.

1.4. From time to time we may also have to make changes in the specification of any Good or Service:

1.4.1. to make it conform with any applicable safety or other statutory requirements; or

1.4.2. to make it reflect changes in the manufacturer’s specification, but we will endeavour to ensure that such changes do not reduce the quality or performance of such a Good and/or Service. Where you have placed an order for the affected Good and/or Service and such changes are substantial, we will notify you in advance to ensure that you still wish to proceed with any order that you have placed.

1.5. Goods and Services:

1.5.1. You will be subject to the policies and Conditions in force at the time you order or otherwise purchase the Goods or Services, unless we are legally obliged to make changes to these Conditions that apply retrospectively. If this happens, these changes will apply to any orders we have not yet fulfilled when the changes took effect, even if your order was placed previously.

1.5.2. We shall not withdraw or modify to your substantial detriment any of the Goods or Services for which we have accepted an order from you, other than where such modification or withdrawal is required as a result of events outside of our reasonable control.

1.5.3. The purchase of software products is subject to your acceptance of the terms of any end user and/or licensing agreement(s) relating to such software.

1.6. We will do our best to provide the Goods and/or Services you have ordered in a timely and efficient manner but please note that any estimated time frames for any delivery of the Goods and/or completion of the Services are estimates only and delays may arise as a result of matters outside of our reasonable control.

 

2. Orders                                                             

2.1. The Goods and Services are available only to individuals who we, in our absolute discretion, consider eligible. The eligibility criteria include, without limitation, those whose applications are acceptable to us and those who are residents Malta. Services that come with minimum term contracts are only available to individuals who are 18 years old or over and by ordering or otherwise purchasing such services, you confirm that you are 18 years old or over.

2.2. When so requested by us, you must provide your name, phone number, address, payment details and other requested information.

2.3. Each order placed by you will be treated as an offer to purchase the Goods and/or Services to which your order relates. The contract will only be completed when we dispatch the Goods/commence the provision of the Services (as applicable) or when we take any due payment from you (which includes debiting your payment method),whichever is the earlier.

2.4. You acknowledge that any automated acknowledgement given when you place an order shall not amount to our acceptance of your offer to purchase.

2.5. We may, at our own discretion, limit, restrict or reject any order you place at any time prior to the contract having been completed. Where this happens, we will attempt to contact you using your Personal Information. We also reserve the right to limit or prohibit sales to dealers or to entities that we believe, in our sole discretion, are making use of the Goods or Services for profit.

 

3. Price and Payment

3.1. The price of the Goods or Services (if any) shall be our quoted price or, where no price has been quoted (or a quoted price is no longer valid), the price of which we inform you prior to accepting your order. All prices are inclusive of VAT at current rates unless stated otherwise.

3.2. You shall provide payment prior to us providing you with the Goods or Services (as applicable) unless otherwise agreed by us in writing.

3.3. If you fail to make any payment on the due date then, without prejudice to any other right or remedy we may have, we will be able cancel this agreement between you and us in relation to such Goods and/or Services ordered .

3.4. You confirm that, where you pay by payment card or direct debit, the payment method that is being used is yours.

3.5. All payment methods other than cash are subject to validation checks and authorisation and we will not be liable for any delay or non-delivery caused by any failure of such checks or authorisation.

3.6. Once any Goods you have ordered or otherwise purchased have been collected by you, and/or installed/fitted (where we have agreed to provide such installation/fitting services), or otherwise received by you, all risk of damage to, or loss of, the Goods shall pass to you.

3.7. Irrespective of delivery and the passing of risk in the Goods, or any other provision of these conditions, the ownership of the Goods shall not pass to you until we have received in cash or cleared funds payment in full for the price of such Goods.

3.8. Until such time as the ownership of the Goods passes to you, you shall hold it on our behalf and keep it safe and identified as our property.

3.9. Until such time as the ownership of the Goods passes to you, we shall be entitled to ask you to return the Goods to us.

 

 

4. Delivery

4.1 Unless otherwise stated, the price of the goods does not include delivery by us to you.

4.2 The costs of carriage and any insurance which you direct us to incur shall be reimbursed by you and shall be due on the date for payment of the price.

4.3 The goods shall be delivered by us to your address and the risk in the goods shall pass to you upon such delivery taking place.

4.4 You should note that our carrier requires immediate notice to be given of any loss or damage to goods and you should inspect the goods upon receipt and report any loss or damage to the carrier immediately.  Insofar as you report any damage to goods to us within 24 hours of delivery we will refund the price and carriage or replace the goods at no cost to you.  In respect of any damage to goods reported to us after 24 hours of delivery we shall require proof from you that the goods were damaged before receipt by you.

4.5 We will try to deliver the goods to you within the time estimated for delivery.

4.6 If we are unable to do so, we reserve the right to deliver them within 30 days beginning with the day after the day of the agreement between us.

4.7. If we are unable to deliver the goods to you within 30 days beginning with the day after the day of the agreement:

4.7.1. We shall inform you by e-mail ;

4.7.2. We shall make a further offer to you by e-mail to sell you the goods of the specification and description at the price stated in the e-mail and will state the period for which the offer or the price remains valid ;

4.7.3. Unless you accept the offer we will reimburse any sum paid by you or on your behalf under or in relation to the agreement within a period of 30 days beginning with the day after the day on which the time for delivery expired.

4.8 The price for each delivery service is  €4.50 in Malta and € 7.50 for delivery to Gozo. Other charges may apply for urgent orders and for weights exceeding 30kg.  Any costs relating to special transport or lifting required such as crane or high up will be charged separately, after informing you of the cost of this service.

 

5. Right of Cancellation

5.1. Goods and/or Services ordered at a distance

5.1.1. Consumers ordering Goods or Services at a distance (such as via telephone or online) have certain cancellation rights under the Consumer Protection regulations.

5.1.2. You may cancel any order for Services at any time within 15 working days from the day after placing your order without liability to us, however, you may not cancel once we have started providing any part of such Services to you with your agreement.

5.1.3. You may cancel any order for Goods other than audio or video recordings or software at any time within 15 working days from the day after receiving your Goods without liability to us.

5.1.4. A working day is any day except Saturday, Sunday and Maltese public holidays.

5.1.5. Where you have ordered audio or video recordings or software, you do nothave a right to cancel your order once it has been accepted and either (i) download of the audio or video recordings or software has started; or (ii) where the audio or video recordings or software has been delivered to you on CD, DVD or other similar storage devices and the item is unwrapped.

5.1.6. You may cancel your order by calling us on 21444545/21445603, online at www.ultimate.com.mt/contactus or by writing to us at Cutajar Limited , 20 Triq L-akwadott , Birkirkara,  means of a registered letter . Any cancellation notice must be received by us before the end of the 15 working day period referred to above.

5.1.7. Where you cancel an order for Goods, it must be returned to us within a reasonable period, complete (together with original packaging, accessories, leads or other items provided with the Goods) and undamaged, with proof of purchase. If you fail to return the Goods in this manner, we may charge you the costs we incur in recovering the Goods from you (which may be substantial) or the stand alone retail value of any missing or damaged items.

5.1.8. Unless collection of the Goods has been arranged, you must return the Goods at your cost. It is your responsibility to ensure that the Goods are received by us.

5.1.9. Where we have agreed to collect the Goods from you, you must ensure that you make the Goods available for collection at the time arranged.

5.1.10. You shall be under a duty to take reasonable care of the Goods until received or collected by us (if applicable) and it is your responsibility to ensure that the Goods are not damaged whilst in transit using transport arranged by you.

5.1.11. If you cancel your contract in accordance with the provisions of this Clause 5.1, subject to the provisions of Clause 5.1.7 we will refund any sums paid by you in relation to your order (less our costs if we have to recover any Goods from you under Clause 5.1.7) within 30 days.

 

6.1  Guarantees and after sales service:

6.1.1 We guarantee that the goods will correspond with the stated description and specification.

6.1.2 We guarantee that the goods will be of satisfactory quality when delivered by our carrier.

6.1.3 The terms of any manufacturer’s guarantee and after sales service will be included within the documents accompanying the goods.

6.1.4  Ultimate will handle the manufacturer’ s warranty up to 2 years from date of purchase. Products with manufacturers’ warranty over 2 years are to be returned directly to manufacturer by the purchaser. Please refer to manufacturer’s returns policy for returns procedure. This warranty does not limit or affect the 2 years Legal Warranty and any other legal statutory rights. The warranty period starts from the date you purchase the product with valid invoice. All Warranties will be valid only on presentation of the Invoice/Cashsale and Fiscal Receipt together with manuals, software and any other items including the original packaging.

 

7. Your Personal Information

7.1. We need to collect certain Personal Information to provide you with the Goods and/or Services. This Personal Information will form part of a record of your dealings with us.

7.2. When you contact us, we may ask for certain Personal Information to be able to check your identity and we may make a note of this. We will keep Personal Information given to us by you or others during your relationship with us.

This includes:

7.2.1. details you give us on order forms or during communications with you; and

7.2.2. details we receive from credit reference and fraud detection agencies.

7.3. You agree that we may use and update your Personal Information:

7.3.1. for credit and credit related services and to manage your accounts;

7.3.2. when applicable in relation to the Goods and/or Services ordered, to make credit, fraud and identity checks on you (i) prior to accepting your order; and (ii) subsequently for the purpose of risk assessment, debt collectionand fraud prevention whilst you retain a financial obligation to us;

7.3.3. to provide you with goods and/or services that you have ordered;

7.3.4. to trace and recover debts;

7.3.5. to prevent and detect fraud, crime and money laundering;

7.3.6. to update our records about you; and

7.3.7. to check your identity.

7.4. If you give us false or inaccurate information or we identify fraud, we may record this.

7.5. Any credit checks that we undertake will be recorded by the credit reference agencies in the form of a search ‘footprint’ on your credit file. This ‘footprint’ may then be seen by other people conducting similar searches of your credit file.

7.6. We may use and disclose information about you and how you run your accounts to credit reference, law enforcement and fraud prevention agencies. For example, if you do not pay any sums owed to us when due, details of this failure may be passed on to credit reference agencies who will record this information against your credit file. Such records may remain on file with credit agencies for 6 years after your account is closed, whether settled by you or defaulted.

7.7. Credit Agencies may pass the Personal Information that they received from us to other organizations in the performance of credit and/or fraud checks. Your Personal Information together with any additional information held by credit reference agencies and fraud prevention agencies may also be used to trace your whereabouts and recover debts that you owe.

7.8. Information held about you by credit reference agencies may be linked to records of people who are financially linked to you. We and other organizations may use credit reference agency and fraud prevention agency records that we receive about you, and people financially linked to you to help make decisions about you and them.

7.9. We may use your Personal Information for research and statistical analysis, to develop and improve our products and services.

7.10. When assessing an application, we may use automated decision-making systems.

7.11. Your Personal Information is confidential and we will only disclose it when:

7.11.1. you give us your consent;

7.11.2. it is needed by certain reputable third parties involved in running accounts and/or providing services for us (for example, credit reference agencies or companies that we use in the provision of the Services);

7.11.3. it is needed in order to obtain professional advice;

7.11.4. it is needed to investigate or prevent crime (e.g. to fraud prevention agencies);

7.11.5. the law permits or requires it, or any regulatory or governmental body

requires it, even without your consent;

7.11.6. there is a duty to the public to reveal the Personal Information.

7.12. We may monitor, record, store and use any telephone, email or other electronic communications with you for training purposes, to check any instructions given to us and to improve the quality of our customer service.

7.13. Where we process sensitive Personal Information, we will employ appropriate security measures.

7.14. You will have the opportunity to consent to us contacting you by post, e-mail, phone, SMS or MMS from time to time occasionally about products and services which Ultimate and carefully selected third parties believe may be of interest to you.

7.15. You can make changes to your marketing preferences and/or correct or update any

inaccurate or incomplete information at any time by calling us on 21444545 or

alternatively, you can email us at info@ultimate.com.mt or write to us at Cutajar limited, 20, Triq L-akwadott, Birkirkara, Malta. Please note that it may take up to 28 days for such changes to take effect.

 

8. Notices

8.1. You may send us notices under or in connection with these Conditions:

8.1.1. by post to Cutajar Limited, 20, Triq L-akwadott, Birkirkara, BKR1971

8.1.2. via our website at www.ultimate.com.mt/contactus

8.2. Proof of sending does not guarantee our receipt of your notice. You must ensure that you have received an acknowledgement from us which should be retained by you.

 

9. Limitation of Liability

9.1. We will not be liable under this contract for any loss or damage caused by circumstances where:

9.1.1. there is no breach of a legal duty of care owed to you by us;

9.1.2. such loss or damage is not a reasonably foreseeable result of any such breach; or

9.1.3. any loss or damage which results from the breach by you of any term of these Conditions.

9.2. Our liability shall not in any event include losses related to any business of a customer including but not limited to lost data, lost profits or business interruption.

9.3. We will not be liable for any loss or damage caused by us in circumstances where 9.3.1. there is no breach of a legal duty of care owed to you by us; and/or

9.3.2. such loss or damage is not reasonably foreseeable.

9.4. We will not be liable any loss or damage caused wholly or mainly by your breach of these Conditions.

9.5. Nothing in these Conditions shall:

9.5.1. exclude or limit our liability for death or personal injury resulting from our acts or omissions or those of our servants, agents or employees; or

9.5.2. limit your statutory rights as a consumer under the applicable Laws of Malta.

9.6. We shall not be liable where we are unable (using reasonable efforts) to provide any Goods and/or Services ordered by you as a result of any event outside our reasonable control.

9.7. All Services are provided on a commercially reasonable basis. Although we will provide the Services with reasonable skill and care, we make no warranty that the Services will meet your exact requirements or that they will always be available.

9.8. The Goods, where new, are sold with the benefit of and subject to the terms set out in any warranty or guarantee given by the manufacturer of the Goods. This is in addition to your legal rights in relation to Goods which are faulty or which otherwise do not conform to the legally required standard.

9.9. Each provision of this Clause 8 operates separately. If any part is disallowed, or is not effective, the other parts will continue to apply even after our agreement has been terminated or cancelled.

 

10. Events Beyond the Parties Reasonable Control

10.1. If either of us cannot do what we have promised because of something beyond our reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for whom we are not responsible, or acts of local or central government or othercompetent authorities, such party will not be liable for this.

 

11. Assignment

11.1. You may not but we may, assign, charge or otherwise dispose of our rights under

these Conditions. Any attempt by you to do so shall be void.

 

12. Handling Complaints

12.1. If you ever wish to complain about the Services, we will endeavour to handle such complaints fairly, efficiently and confidentially. You can complain in the following way:

12.1.1. by calling 21444545

12.1.2. in writing addressed to: Cutajar Limited, 20, Triq L-akwadott, Birkirkara, BKR1971

12.1.3. online, where more details of our complaints process are provided, by visiting: www.ultimate.com.mt.

12.1.4. in a store by visiting your nearest store. Details of your nearest store are available online at www.ultimate.com.mt/storelocator.

12.2. If you are not happy with the way that we deal with any disagreement or you are in any doubt about your statutory rights you may wish to consult for legal assistance or refer to the consumer affairs dept.