TERMS AND CONDITIONS POLICY
ESS / ELEKTRA
General Conditions of Sale
These general conditions of sale ("General Conditions") regulate methods and conditions of sale of the products marketed by ESS ("Products").
All products sales contracts from ESS Limited to third parties ("Customers") are regulated by these General Conditions, which are an integral and essential part of any proposal, order and placement of a purchase order for the Products. Sales conditions applied to the orders are those in force at the moment of placing the order.
ESS Limited works hard to ensure that prices listed and technical specification information are accurate at the time of purchase. However, ESS reserves the right to amend its prices from time to time. All prices shown online include VAT.
Any offers and/or voucher promotions issued by ESS are to be used on non-discounted items only.
Vouchers are not exchangeable for Cash.
Vouchers or Discount Coupons/ Discount Codes are not redeemable during sale periods.
1. Products: Prices and Features
Unless otherwise agreed, Products prices published on the website by ESS Limited are in Euros, include VAT but exclude delivery costs. Prices guaranteed to the Customer shall be those published on the Website on the day the order is placed. The price stated at the moment of purchase is fixed and definitive.
Prices presented on the Website by ESS Limited cancel and replace the previously stated ones, and are subject to Products availability.
Technical and functional features of the Products published by ESS Limited contained in this Website to illustrate Products, are those sent by producers. ESS Limited is not liable for the truthfulness and completeness of the information. Products images are for illustrative purpose only and are not binding.
2. Order Fulfilment
The order will be fulfilled according to the terms stated on the Website.
Once an order is confirmed, it should be cancelled only within 24 hours, at the end of which the customer is obliged to pay for the order. In accordance with the laws, our customers, anyway, could return the order within 14 days of receipt, as our return policy states.
Deliveries usually take place within 3 working days in Malta, within 5 working days in Gozo, within 10 working days for other destinations in Europe, if Products are marked as "available".
Should the order not be executed (in the event of unavailability of the Product ordered), ESS Limited will inform the Customer as soon as possible about the delivery time, subject to the Product availability. Should the Customer not intend to wait (no later than 30 - thirty - weekdays) and decide to give up the Product, ESS Limited will refund the Customer of the price at the time of the purchase.
In the event of breakage, stock depletion or unavailability of the ordered Product, ESS Limited will inform the Customer as soon as possible, stating a new deadline for Product availability.
The Customer will send an e-mail confirmation for his/her choice, that is to wait for the Product supply or to request a refund.
3. Order Acceptance
The conclusion of the agreement will only take place at the moment of the order confirmation by ESS Limited.
The Customer will be notified of the acceptance by standard mail or e-mail. The message will state the order confirmation with all the elements of the agreement (Products, prices, delivery dates, shipping costs,)
ESS Limited reserves the option not to confirm any order for whatever reason, especially if involving supply problems or the order itself.
4. Product Delivery
Products are delivered to the address stated by the Customer.
Deliveries will take place as soon as the payment confirmation is received: bank transfers are attested by the credit on our current account, credit card payments are attested by the transaction confirmation by the system.
- Delivery Time
In-stock items’ standard delivery is made by express couriers within 3 working days to destinations in Malta, within 5 working days in Gozo, within 10 working days for other destinations in Europe. In case of bulky order and/or fragile products, the shipping is made by specialised couriers and the delivery time depends on size and destination of the order. Delivery time is stated in weekdays.
For Products having different delivery times, the deadline applied is equal to the item with the longest delivery time. For delivery delays of less than 30 (thirty) days, the Customer is neither allowed to refuse the delivery, nor to ask for refunds or compensations.
ESS Limited reserves the right, if necessary, to segment the delivery of Products in different steps (even for items belonging to the same order).
Delivery is to be considered completed at the moment the Product is consigned to the Customer.
The delivery note issued by the delivery man and dated and signed by the Customer is proof of delivery.
There are 3 different delivery options which you can choose at check-out which include:
- In-Store pick-up: Monday’s to Friday’s 08:00 – 18:00
- Orders under €100: can be delivered subject to a €10 charge for Malta and €20 for Gozo
- Orders over €100: will be delivered free of charge to Malta and Gozo.
Deliveries are done Monday to Friday between 08:00 and 16:00.
Driver will call you to set up a delivery date & time. Items ordered from stock items will be available for delivery within 3 working day subject to appointment availability. If goods are ordered over the weekend or bank holiday, please be aware that the order date is taken as the next available working day for delivery purposes. Please note that we are unfortunately unable to give any special delivery instructions to drivers e.g. leaving products with neighbours etc.
- Delivery on street level and Assembling
Deliveries are to be intended on street level: Products will not be delivered on the Customer's floor and we will not take any trade-in.
Unless otherwise specified or agreed in written form, ESS Limited does not offer any assembly service.
The majority of our Products is delivered in pre-assembled form: final assembly is usually very easy and generally consists of assembling determined pieces.
5. Products Pick up
In case the customer would opt for the Products to be collected from our stores, the customer must verify that the products are not damaged and are in good working condition. Once the customer approves of the condition of the product, the customer needs to sign a delivery note. If the Customer does not collect the package within the deadline indicated by the ESS, Products will have to be returned to stock. ESS reserves the right to refund the Customer for the price of the Product, minus charges for delivery.
6. Return Policy
You have the right to withdraw from your online purchase within 14 days of the delivery date, for any reason within this timeframe.
Pay attention that the “cooling off” period expires 14 days after the day on which you acquire, or a third party indicated by you (other than the carrier) acquires physical possession of the goods.
To exercise your right of withdrawal, you must unequivocally inform us of your decision to withdraw from the purchase with a statement, before the “cooling off” period has expired, for example:
How to return goods
The goods must be sent back or delivered to us at the below address within 14 days from receipt of your withdrawal notification to.
Electrical Supplies & Services Ltd.
ESS Building,
San Gwakkin Road,
Mriehel, BKR3000,
Malta
Please, remember that all costs associated with returning your purchase to us are at your expense.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Unwanted items must be returned in a fully resalable condition. Please note, in case of goods returned in conditions that make them subsequently unsaleable, the equivalent amount of the value reduction of the item may be retained.
We will make the reimbursement without delay, and no later than 14 days after the day we are informed about your decision to withdraw from your online purchase. We will make the reimbursement using the same method of payment used for the initial transaction unless you have expressly agreed otherwise. In any event, no fees will be incurred as a result of the reimbursement.
The reimbursement may be suspended until the goods are received or until you provide proof that the goods have been sent back.
The 14-day “cooling off” period does not apply to goods that are personalised or made to unique specifications or goods which are liable to deteriorate rapidly.
7. Force Majeure
The following cases are to be considered as force majeure, apart from those specified by law:
- total or partial strikes, internal or external to the Company, stop of means of transport or provisions for any reason, or legal restrictions, computer breakdowns, telecommunication halt included networks and the Internet.
Force majeure will cause the suspension of the order. If after 3 (three) months parties observe the persistence of the force majeure, the order will be automatically cancelled, unless otherwise agreed.
8. Please Note
On delivery, the Customer must verify the content of the package, the conformity and state of the Product(s). ESS Limited recommends verifying the overall state of the Product(s) before signing the delivery note. In particular, the Customer must verify that:
- number of parcels corresponds to that stated in the enclosed delivery note;
- package is intact, neither damaged nor wet or adulterated, and the content undamaged.
Should the Customer note any anomalies, delivery of the Products must be refused.
Once the Customer signs the delivery note, he/she will not be able to question the external conditions of the delivered Product. Unless otherwise specified, all deliveries will take place on street level.
Special delivery terms and conditions must be previously agreed between the Customer and ESS Limited.
9. Warranty Claims
In the event that damage results in a product and is covered by the warranty as herein stipulated, the customer shall submit a written warranty claim to ESS stating therein the damage alleged together with supporting documentation, including photos, and the proof of purchase of the product. Failure to submit the required documents of the product shall automatically vitiate any warranty claim submitted.
If ESS determines that the warranty claim qualifies under this warranty, that it has been submitted follows the terms hereof and is justified, it may, in its absolute discretion, either repair the damage or defect in the product or replace the product. Should the product no longer be manufactured at the time of the warranty claim, ESS reserves the right to deliver a product of the same value or a refund of the defective portion of the goods. Replaced products will automatically become property of ESS.
Any replacement product shall be covered by the warranty herein stipulated solely for the remaining period of the original warranty issued on the replaced product.
