Terms & Conditions
Purchases Terms & Conditions
- The warranty period starts from the date you purchase the product/s as specified in the accompanying original Invoice or fiscal receipt.
- We guarantee that the goods will correspond with the stated description and specification.
- This warranty does not limit or affect the Legal Warranty or any National or European Union legal statutory rights.
- All Warranties will be valid only on presentation of this Agreement, original Invoice or fiscal receipt together with the manuals (if any), and any other items, including the original packaging.
- Chado Limited C102462 may repair or replace products and parts under warranty with comparable products and parts that comply with local standards and with the manufacturer’s terms and conditions.
- Chado Limited C102462 may provide short-term loan devices while the product is repaired or replaced, however it is subject to availability. By borrowing one of these devices, the borrower acknowledges the Loan Agreement and its terms and conditions.
- Chado Limited C102462 are always prepared to offer advice regarding proper installation of the product.
- Without knowing the particular application for which you require our goods and the exact specifications which you intend to install our goods Chado Limited C102462 cannot and do not warrant the suitability of any of our goods for your particular purpose.
- The manufacturer`s warranty only covers hardware component failures in the product. Chado Limited C102462 assumes no responsibility for any breakdown/damage.
- Warranty on peripherals may vary as per manufacturer`s warranty, consult with the manufacturer`s terms and conditions.
- Chado Limited C102462 will not be responsible for any damage or loss of damage or loss arising from the product.
- This limited warranty does not cover the following: any third-party accessories; cosmetic damages; or damage due to (a) natural disaster, accident, misuse, normal wear & tear, abuse, negligence, commercial use or modifications to the product; (b) improper installation, operation or maintenance; (c) connection to improper voltage supply or electrical power surge; (d) attempted repair by any party; (e) use of components not approved by Chado Limited C102462 (f) lack of periodic maintenance as instructed by manufacturer (e.g. descaling, cleaning); (g) unsuitable water supply (tap water) or unapproved consumables/supplies; (h) exposure and/or contamination from liquids, abnormal corrosive conditions, excessive temperature, or foreign objects.
- This warranty is invalid if the serial number and/or seal/s has been altered or removed from the product.
- Chado Limited C102462 will not be held responsible or guarantee compatibility with other parts or peripherals.
- For warranty claims, product must be presented for inspection by Chado Limited C102462, accompanied by the proof of purchase (original Invoice or fiscal receipt) and must be provided in good condition and cleaned before inspection can commence. The products for inspection Chado Limited C102462 reserve the right to check the validity of your warranty claim and communicate entitlement for service accordingly.
- Repair or replacement under the terms of this warranty does not give right to a new starting of the warranty. However, you are entitled to a warranty extension equal to the period the product is in workshop for service.
- Any replacement product may be either new or like new, provided that it has functionality at least equal to the product being replaced.
- Chado Limited C102462 will claim all ownership of defective components. Chado Limited C102462 may use various vendors` components for the repair of the product as required.
- Goods are not sold on a trial basis. Returned products are subject to approval and to a restocking fee which will affect the product condition and its current market price. Unsealed or unpacked software, nutrients, substrates and soil products are not returned or refundable.
- Goods may be supplied in cosmetically different packaging.
- All goods remain the property of Chado Limited C102462 until paid in full. All trademarks & logos acknowledged.
LIMITATIONS OF LIABILITY
The company does not guarantee that the Product to fit for any particular purpose. To the extent of local law, in no event shall Chado Limited C102462 be liable for the impossibility to use the product, direct, indirect, special, incidental or consequential loss or damage to any person or property. The entire compensation responsibility assumed by Chado Limited C102462 for the Product shall not exceed the price paid to purchase the Product in terms of each event or related incidents.
IMPORTANT SAFETY INSTRUCTIONS (All safety and operating instructions supplied with a product should be carefully read and followed).
The Site is a marketplace for independent third-party sellers (each a “Seller”) to sell products (the “Products”) to you.
Please note that although the Company provides the marketplace to help facilitate transactions, which are carried out through the Site, the Company is not a buyer, however may be a seller of the Products. Therefore, we recommend that before placing an order you make sure that you are happy with the Terms and the Seller you are dealing with as we cannot give any guarantee or warranty as to the Products supplied by the Seller.
Should you proceed to purchase a Product through the Site the contract is formed solely between you and the Seller (the “Contract”). The Company is not a party to that Contract, is not liable for the Contract or any claim or dispute arising out of or in connection with it nor is the Company acting as the Seller’s agent. Therefore, the Terms set out below apply to the Contract between you and the Seller and references in the Terms to “we”, “us” and “our” shall relate to the Seller.
A Contract will comprise of these Terms (and any other documents referred to therein).
The Terms (and the documents referred to in them) may be updated from time to time. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 15 November 2020.
Terms of Contract with Seller
These Terms will apply to any Contract between you and the Seller for the sale of Products to you. Please read these Terms carefully and make sure that you understand them, before ordering any Products from the Site. Please note that before placing an order you will be asked to agree to these Terms by checking the tick box before submitting your order. If you refuse to accept these Terms, you will not be able to order any Products from the Site.
You should print a copy of these Terms or save them to your computer for future reference.
These Terms, and any Contract between you and the Seller, are only in the English language.
The images of the Products on the Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on the Site vary.
The packaging of the Products may vary from that shown on images on the Site.
All Products shown on the Site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will process a refund of the full amount to your payment card as soon as practicably possible.
Use Of This Site
In particular, you agree:
- to post or publish feedback on Sellers or Products which is honest, fair and factual; and
- to refrain from posting or publishing any content or materials which are libellous, slanderous, offensive, incorrect, misleading or inaccurate in any way
Due to the volume of content on the Site we are unable to review all comments given in the feedback sections. Therefore, we ask you to let us know of any defamatory, illegal or offensive posts immediately by contacting us via email at [email protected] We will then review these and take the appropriate action.
You acknowledge and accept that your failure to use the Site in accordance with these Terms and any document referred to in these Terms may result in your access to the Site being blocked.
How We Use Your Personal Information
How The Contract Is Formed Between You And Us
Our order process allows you to check and amend any errors before submitting your order. Please take the time to read and check your order at each page of the order process.
After you place an order, you will receive an e-mail from us acknowledging that we have received your order (“Order Confirmation“). However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described hereunder. Without affecting your rights to return the Product(s) set out in these Terms, you can cancel your order for a Product at no cost to you at any time before we dispatch the Product(s) to you.
Without affecting your rights to return the Product(s) set out in these Terms, you can cancel your order for a Product at no cost to you within 30 (thirty) minutes of placing the order. Thereafter, a cancellation request will be sent to the Seller for review. The Cancellation is at the Seller’s discretion – there is no guarantee that your order will be cancelled.
The Contract between us will only be formed when we dispatch your Product(s) to you.
If we are unable to supply you with a Product (for example because that Product is not in stock, no longer available or because of an error in the price on the Site, we will inform you of this by e-mail and we will process a refund of the full amount to your payment method as soon as practicably possible.
The Company’s Right To Vary These Terms
These Terms may be updated from time to time in the following circumstances:
- changes in how we accept payment from you; and
- changes in relevant laws and regulatory requirements.
Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
Whenever we revise these Terms in accordance with this clause, we will keep you informed and give you notice of this by stating on the Site that these Terms have been amended.
Your Consumer Right Of Return And Refund
This clause only applies if you are a consumer.
As a consumer, you have legal rights in relation to Products that are faulty, of poor quality or not as described under the Consumer Affairs Act (Chapter 378 of the Laws of Malta). As such, the Product(s) must be:
- Of satisfactory quality – and therefore, not faulty or damaged;
- Fit for purpose – the Product(s) should be suited to the purpose they are supplied for;
- As described – the Product(s) must match the given description.
You have a legal right to cancel a Contract under the Consumer Rights Regulations (S.L. 378.17 of the Laws of Malta) during the period set out below. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from the Malta Competition and Consumer Affairs Authority.
However, this cancellation right does not apply in the case of:
- any products made to your specification, clearly personalised, custom-made or commissioned in any way;
- newspapers, periodicals or magazines;
- products sealed for health protection or hygiene purposes, once these have been unsealed after you received them;
- sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them;
- perishable goods.
Your legal right to cancel a Contract starts from the date on which we dispatch the Product(s) to you, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of fourteen (14) days in which you may cancel, starting from the day after the day you receive the Product(s).
To cancel a Contract, please send an email to [email protected] stating the desire to cancel the order to begin the process. Your cancellation is effective from the date you submitted the cancellation via email.
You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 14 calendar days of the day on which you gave us notice of cancellation provided that we receive the returned Product(s) in the condition you received them/it in. If you returned the Products to us because they were faulty or mis-described, please see the clause hereunder.
If you have returned the Products to us under this clause because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
We will refund you via the payment method used by you to pay within 14 days of you requesting the refund through the online system, provided that where you are due to return the Product(s) to us, you have done so within 14 days of the Seller requesting that you do so.
If the Products were delivered to you:
- you must return the Products to us as soon as reasonably practicable;
- unless the Products are faulty or not as described you will be responsible for the cost of returning the Products to us.
You have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause or these Terms.
Your order will be fulfilled by the estimated delivery date set out in the Order Confirmation by the Seller, unless there is an Event Outside Our Control. If the Seller is unable to meet the estimated delivery date because of an Event Outside Our Control, you may be contacted with a revised estimated delivery date.
Delivery will be completed when we deliver the Products to the address you gave us.
The Products will be your responsibility from the completion of delivery.
You own the Products once we have received payment in full, including all applicable delivery charges.
We deliver to the countries set out on the page (Delivery Destinations).
If you order Products from the Site for delivery to a Delivery Destination which is outside of Malta, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination.
We require that the Seller is responsible for payment of any import duties and taxes for Product(s) delivered to Malta.
You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
Price Of Products And Delivery Charges
The prices of the Products will be as quoted on the Site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause hereunder for what happens in this event.
Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with an Order Confirmation.
The price of a Product includes VAT (where relevant) at the applicable current rate chargeable in Malta for the time being.
The price of a Product does not include delivery charges. Our delivery charges are as quoted on the Site.
The Site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on the Site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
- where the Product’s correct price is less than the price stated on the Site, we will issue you with a refund for the difference between the price you paid and the actual price of the Product. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
- if the Product’s correct price is higher than the price stated on the Site, we will contact you by email as soon as possible to inform you of this error. We will then give you the option of cancelling your order or cancelling your order and continuing to purchase the Product at the correct price. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process within 7 days, we will treat the order as cancelled and notify you in writing.
How To Pay
You can only pay for Products using your major debit or credit card through the Company’s online payment processing system. We accept the following cards: Visa/Visa Debit/Visa Electron. The currency displayed will always show in Euro (€).
Payment for the Products and all applicable delivery charges is in advance. After the payment is approved, we will dispatch your Products using the shipping method you selected on purchase.
Please note that your payment made through the Site will be received by the Company and not the Seller. These arrangements shall not affect any rights that you may have against us under these Terms.
Some of the Products we sell to you come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Products.
If you are a consumer, a manufacturer’s guarantee is in addition to your legal rights in relation to Products that are faulty or not as described.
Nothing in these Terms limit or exclude our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price paid for the Products.
Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, law, regulation, or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
Events Outside Of Our Control
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 an Event Outside Our Control. An Event Outside Our Control is defined below.
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation, acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, pandemic, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
- we will contact you as soon as reasonably possible to notify you; and
- our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
Communications Between Us
When we refer, in these Terms, to “in writing”, this will include e-mail.
If you are a consumer:
To cancel a Contract in accordance with your legal right to do so, you must contact us in writing by sending an email to [email protected] You may wish to keep a copy of the cancellation notification which you submit for your own records. Your cancellation is effective from the date we receive the email.
If you wish to contact us in writing for any other reason, such as giving feedback or making a complaint, you can send this to us by pre-paid post to.
If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
Governing Law and Jurisdiction
These terms are governed by the laws of Malta and are subject to the exclusive jurisdiction of the Courts of Malta.
Dr. G Rewards: Terms and Conditions of Participation
PLEASE READ THESE TERMS AND CONDITIONS OF PARTICIPATION IN THE Dr. Greenthumb REWARDS LOYALTY PROGRAM CAREFULLY. BY PARTICIPATING IN THIS PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PARTICIPATE IN THIS PROGRAM.
- Membership Eligibility and Overview
1.1. The Dr. Greenthumb Loyalty Program (“Program”) is offered at the sole discretion of Dr. Greenthumb (“Dr. Greenthumb”, “we,” “our” or “us”). The Program is available to individuals for personal use and is limited to one account per individual. Corporations, associations or other groups may not participate in the Program. Individuals who are residents of Malta and at least over the age of 18 years or older and who provide and maintain a valid email address are eligible to become members.
- Program Enrollment
2.1 Eligible individuals may only enroll in the Program by visiting www.drgreenthumb.mt/my-account (collectively, the “Site”) and following the Program prompts to register for the Program.
2.2. You are required to provide your first name, last name, email address and to create a password in order to enroll. You may also have the opportunity to provide us with your mailing address, birth date and mobile phone number, but this information is optional. You are solely responsible for maintaining the accuracy of your account information and for updating it as required. You may update your personal information on the Site.
2.3. Only one Program account may be associated with a single email address. In the event of a dispute over ownership of the Program membership account, the member will be deemed to be the authorized account holder of the email address submitted at the time of enrollment. For purposes of these Terms, the “authorized account holder” is the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
- How the Program Works and Program Benefits
3.1. The Program is a way in which we reward and thank our loyal customers for purchasing our products and/or taking other Program related actions. For your purchase to qualify for the Program, you must be enrolled in the Program and be signed into your online account at the time of purchase on the Site. You are able to earn points by making eligible purchases or taking certain other Program actions. Once you reach a certain number of points, you may be eligible for certain benefits and rewards applicable which benefits may change from time to time and may be offered on a limited basis. Eligible purchases and other opportunities to earn points will be posted on the Site or may be published through other media (e.g., in-store, in marketing communications, social media, etc.). Visit our FAQs to learn more about earning points.
3.2. Dr G. Rewards members receive 10 point for every €1 spent on eligible purchases on drgreenthumb.mt or in-store. Eligible purchases include regular-priced merchandise and exclude Affiliates’ Sales, Gift Cards, VAT tax, discounts, shipping and delivery charges and/or other excluded charges specified by us from time to time. All points earned from purchases on the Site are pending until your order ships, at which point they are fully matured and capable of redemption.
Purchases made outside of Malta are also not eligible for Dr G. Rewards.
3.3. Purchases made in our shop in Haz-Zebbug are eligible for the Program.
3.4. Members can redeem points during their purchases. 250 points give the member a 1€ discount on their next order.
- Program Benefits and Rewards
4.1. As a member, you earn points that determine your points benefits. To redeem offers and rewards, you must have accumulated the minimum number of points as established by us for a particular benefit. Points may never be exchanged for cash. You must be logged in to your Program account to use your benefits. You will find your eligible offers and rewards (with offer codes if applicable) listed in your personal account. Qualifying members will receive email invitations when event rewards are available if they have not opted-out of receiving Program emails.
4.2. Offers and rewards are available while supplies last and substitutions made by us in our sole discretion may occur. If your online order is not completed for any reason, any offers or rewards will be removed from your shopping basket and may no longer be available. You are not required to redeem your accumulated rewards and/or benefits. We are unable to reship offers or rewards if they arrive damaged, if you received the wrong one or if one is missing from your order. In the event an offer or reward arrives damaged, you received the wrong one, or one is missing from your order, please contact Customer Service.
4.3. Neither accounts nor Program rewards, benefits and/or points may be shared or combined. Only the member paying for the products may accumulate rewards, benefits and/or points. Members will not receive rewards, benefits and/or points on purchases which are reimbursed by corporations or other organizations ineligible to participate in the Program.
4.4. Rewards, benefits and/or points earned through the Program have no cash value, are non-transferable, and you have no property rights in or to rewards or other Program benefits. Points credited to your Program account will be decreased or reversed, as applicable, if part or all of the purchase is returned or cancelled or if the credit is obtained through fraudulent or other activity that violates these Terms. The sale, barter, transfer, or assignment of any rewards or benefits offered through the Program, other than by us, is expressly prohibited.
4.5. Rewards cannot be exchanged or returned for points, another product or a monetary refund.
4.6. The products and services available through the Program and any samples that we may provide to you are for personal use only. You may not sell or resell any of the products, services, or samples you purchase or otherwise receive from us. We reserve the right, without notice, to cancel or reduce the quantity of any order to be filled and/or any products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms.
4.7. To be eligible for points, purchase must be made on qualifying Dr. Greenthumb products. Qualifying products include regular-priced merchandise and exclude Affiliates’ Sales, Gift Cards, VAT, discounts, shipping and delivery charges and/or other excluded charges specified by us from time-to-time.
4.8. We are not responsible for rewards, benefits and/or points lost or redeemed due to fraudulent activity.
4.9. We reserve the right to change Program benefits, how you earn points and how we evaluate and reward your eligible purchases and/or other Program activity. We reserve the right to place limits on the number of purchases or activities that are eligible for the Program, the number or types of rewards or benefits you may receive or earn in any given tier or at any given point level, in a given time period or for the duration of the Program, and/or any combination thereof.
4.10. If you have concerns that a purchase or other activity was not properly applied to your account, you should contact Dr. Greenthumb Customer Service via email at [email protected]. Your email must specify your name, phone number and email address associated with the Program, the date of the Program activity, and the issue(s) you encountered. This email must be sent no more than thirty (30) days after the date the purchase or other Program activity took place. We are not responsible for late notifications about purchases or other Program activities not being credited to an account.
4.11. Rewards can only be redeemed on the Site or in-store unless otherwise noted by Dr. Greenthumb.
- Program Communications
5.1. By enrolling in the Program, you are not automatically subscribed to receive Dr. Greenthumb marketing emails and Program related emails. We suggest you subscribe for our e-mail newsletters during your registration process so you don’t miss out on any timed offers we have available. If you are not sure if you are signed up please click here and update your preferences.
- Termination and Modification
6.1. The Program and its benefits are offered at our sole discretion. We may, in our discretion, cancel, modify, restrict or terminate these Program Terms, our FAQs, and/or the Program or any aspect or feature of the Program at any time without prior notice, even though such changes may affect the value of rewards or benefits already accumulated or earned and/or the ability to redeem accumulated rewards or benefits.
6.2. We reserve the right to exclude you from or to discontinue your participation in the Program and to audit your membership account at any time, in our sole discretion. Any suspected abuse of the Program, failure to follow any Program Terms, illegal activity, fraud, misrepresentation or other conduct inconsistent with these Program Terms and/or detrimental to us or our interests, including without limitation, any suspected illegal, fraudulent other unauthorized use of any Program rewards, points, cards, credits, vouchers, coupons and/or certificates, may result in the revocation of your membership and make you ineligible for further participation in the Program. If your membership is revoked, any rewards or benefits in your account will automatically expire and your access to the Program and features will automatically terminate. If we suspect illegal activity, fraud, misrepresentation, abuse or violation of these Terms, we also have the right to take appropriate legal action, in our sole discretion.
6.3. If you decide you no longer want to be a part of the Program, you may cancel your membership at any time by sending us an e-mail on [email protected]. Deleting an account is permanent and any points lost will not be retrievable.
- Disclaimer of Warranties; Limitation of Liability
LIMITATIONS OF LIABILITY
To the extent of local law, in no event shall Chado Limited C102462 be liable for the impossibility to benefit from the program, direct, indirect, special, incidental or consequential loss or damage to any person or property.
You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your participation in the Program in violation of any law, rule, regulation or these Program Terms.
9. Governing Law and Jurisdiction
These terms are governed by the laws of Malta and are subject to the exclusive jurisdiction of the Courts of Malta.
- Contact Us
For information about the Program and your membership, contact Customer Service via email at [email protected] You will be required to confirm your full name, phone number and email address in order to validate your account. We are not responsible for requests or correspondence lost or delayed in the mail or over the Internet. You may also provide answers to helpful frequently answered questions in our FAQs.