Terms and Conditions

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.

By purchasing and/or leasing 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 Zwejt Street, San Gwann, SGN 3000, Malta) as www.aquaniwater.com

Nibe Marketing Ltd. can be contacted at drink@aquaniwater.com by writing to Nibe Marketing Ltd, Zwejt Street, San Gwann, Malta) or by phoning on (+356) 21472271 during normal office hours.

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 lease and/or 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 lease and/or 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. A contract for the sale of any product(s) you order from us (the ‘Sale Contract’) is only created once we have received full payment for your order (either via a payment gateway available on our Site or payment upon delivery or else by way of credit as stipulated in Clause 3.8) and once the goods have been delivered to you.

1.4. A contract of lease for various equipment that we provide/supply (including but not limited to water dispensers) as you may request from us is only created once we have both signed a separate lease agreement upon delivery of the goods (a draft copy of any such lease agreement may be requested in advance). These terms and conditions shall be read together with any such separate lease contract wherever applicable.

1.5. Once the goods ordered from our Site are delivered to you, we will 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.

1.6. 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.

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

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

2. SERVICE AVAILABILITY

2.1. We currently only accept orders from persons in the European Economic Area (“EEA”) (the “Serviced Countries”).

2.2. Some restrictions (in particular, relating to the leasing of equipment but also including delivery of any products available from this Site) may be placed on orders from certain countries or regions at any given time. For full details of such restrictions at the time of placing an order from this Site, kindly contact us at drink@aquaniwater.com (or by phoning on (+356) 21472271 (during normal office hours) prior to placing your order.

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 and/or lease from this Site shall be 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. Unless otherwise indicated, prices include VAT and delivery charges.

3.4. Delivery charges depend on the Serviced Country in question. If orders are placed from and to Malta and/or Gozo, and unless anything else is stated to the contrary, no additional delivery costs will be charged. For information on the delivery costs to other Serviced Countries outside Malta and/or Gozo at the time of placing your order(s), please contact us either via email or telephone prior to placing your order.

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 on the Site (presently, the three payment options mentioned in Clause 1.2) and shall not be deemed to be made until we have received cleared funds in respect of the full amount due.

3.7. Payment for all goods/services purchased from this Site (as opposed to payment upon delivery and/or credit as mentioned in Clause 3.8 below) 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).

3.8. Requests for credit may be made on a one-on-one 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 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 reserve the right to deliver them in stages.

4.3. Once the goods have been delivered to you, if you have already effected 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 to customers in other Serviced Countries varies according to the Services Country in question and other factors (some of which are beyond our control). If you are placing an order for delivery outside Malta and/or Gozo, please contact us at drink@aquaniwater.com or by phoning on (+356) 21472271 (during normal office hours) for more information (including information on whether we delivery to your country).

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, in the case of a Sale Contract, you may cancel the Sale Contract at any time within 15 days beginning from the day after you receive the goods either purchased from this Site or purchased upon delivery (subject to certain exceptions at law). Should you choose to cancel the Sale Contract in this way, please contact us at drink@aquaniwater.com or phone us by using number (+356) 21472271 during normal office hours where you will be guided on how to return the goods back to us.

5.4. 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 we reserve the right to levy a charge commensurate with our costs of processing the sale.

5.5. In case of a contract of lease (for any equipment we provide/supply), any such contract may be terminated in accordance with the terms and conditions found therein and in strict adherence to any and/or all applicable laws.

5.6. To return the goods you have purchased and/or leased 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.

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 one (1) day 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. 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 (including leased water dispensers) 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 and/or lease price is guaranteed until the order is delivered.

8. LIABILITY AND DISCLAIMER

8.1. We are fully committed to providing you with the best possible service and delivering to you the purchased and/or leased 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 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 the part of our employees or agents or otherwise) which arise from or in connection with the use of the Site, the supply of goods or their use or resale by you, and our entire liability under or in connection with the contract shall not exceed the price of the goods, except expressly provided in these conditions.

8.3. In the case of leased goods, upon termination of the lease contract, you undertake to return the goods to us in the same condition in which they were delivered to you. Should the goods not be in the same reasonable condition in which they were delivered to you, you hereby undertake to pay us damages commensurate to the loss suffered by us as a result of your actions (as well as any further compensation as we may be entitled to by any applicable law).

8.4. 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 Marketing Ltd., its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your breach of these terms and conditions, your infringement of any intellectual property rights or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you 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 given to us at drink@aquaniwater.com. 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 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 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. The Sale Contract and/or any lease contract between you and us is binding on you and us and on our respective successors and assigns.

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.

14. EVENTS OUTSIDE OUR CONTROL

14.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by 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. 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.

15. WAIVER

15.1. 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 or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

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

15.3. No waiver by us 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 11 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, you 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, (including any lease contract) 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.

17.2. 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 and Conditions.

17.3. 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 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.

18.2. You will be subject to the policies and Terms and Conditions in force at the time that you order goods 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 it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we deliver the goods to you (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the goods).

19.GOVERNING LAW AND JURISDICTION

19.1. These terms and conditions shall be governed, construed and interpreted in accordance with the laws of Malta. The Maltese Courts or other competent adjudicating body shall have exclusive jurisdiction to hear and determine all disputes arising out of these terms and conditions and the parties hereby submit to the jurisdiction of the Maltese Courts or other competent adjudicating body for the hearing and determination of such disputes.

20. AFTER-SALE SERVICE

20.1. Questions, comments or requests regarding these Terms and Conditions or our goods and/or services should be addressed to: drink@aquaniwater.com or by phoning us on (+356) 21472271 (during normal office hours).

20.2. If you have any formal complaints these should be addressed in writing to Nibe Marketing Ltd. Zwejt Street, San Gwann, SGN 3000, Malta.