Terms & Conditions
1.Scope
When you make a purchase through the Website you are entering into an agreement (the‘Terms and Conditions’) with Bajada New Energy Limited (C 51823) of 42B Marsa IndustrialEstate Marsa MRS, 3000 (Telephone Number 21807123) (hereinafter ‘Bajada’ ‘We’ or ‘Us’).These general sales Terms and Conditions are applicable to all purchases made fromhttps://www.bajadanewenergy.com/ (hereinafter ‘the Website’). Please read these Terms andConditions carefully before accessing or using our Website. By accessing or using any part ofthe Website, you agree to be bound by these Terms and Conditions. If you do not agree to allthe Terms and Conditions of this agreement, then you may not access the Website or use any services. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this pageperiodically for changes. Your continued use of or access to the website following the postingof any changes constitutes acceptance of those changes. Please note that Photovoltaic Panels cannot be purchased online. Please contact us directly if you wish to discuss this product.
2.Your Account & Your Activity
If you are under 18 years of age, you may make purchases from only with involvement of a parent or guardian. We have the right not to supply products to any individual or company, to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. If you create an account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you are responsible for all activities in relation thereto.The content and information on the Website, as well as the infrastructure used to provide such content and information, is proprietary to the Us. Accordingly, you shall not use the Website orits contents or information for any commercial or non-personal purpose, direct or indirect. You shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any content, information or services obtained from this Website. You must not transmit any worms or viruses or any code of a destructive nature.You may not use our products for any illegal or unauthorized purpose. Furthermore, you agree not to violate any laws in your jurisdiction (including but not limited to copyright laws) throughyour use of the Website and/or the products sold therein.
3.Prices, Taxation and Deliveries
All prices shown are cash prices in Euros (€). The prices quoted are those ruling at the time of production. Due to circumstances beyond our control, prices are sometimes amended, including the rate of value added tax. Prices of goods displayed in and ordered online may differ from prices in store. We will request payment for the full amount on confirmation of yourorder.Prices include taxes only as valid within the European Union at the time of the purchase. In the case that the delivery is performed in a country not forming part of the European Economic Community (hereinafter ‘EEA’), the prices must be considered as net and all applicable taxes will be at the care of the customer.Please note that all shipments to destinations outside of the European Union may also be subject to import duties and taxes, which are levied by the importing country at the time the shipment arrives in your country. All applicable duties, fees and any additional charges for customs clearance are your responsibility. Please refer to your customs department for guidance.All orders for products are subject to availability. In the event of supply difficulties, we reserve the right to substitute items of equal quality and value. You will be notified of such substituteswhen you place your order. Delivery costs and timing will be indicated at checkout. All delivery dates are estimates only and Bajada shall not be liable for any damages and/or loss of revenue incurred by you consequent to the failure on our end to deliver the products on the scheduled date. Please also allow extra days for local holidays, weekends and sale time. We will strive to let you know inadvance should there be a delay in delivery.We reserve the right to accept or reject orders, to refuse applications and/or to close an account.All orders are concluded in the English language.
4. Your Right to Cancel
If a purchase is made from our Website, you have a right to cancel such purchase for anyreason and at any time before the expiry of a period of fourteen (14) days from the day after theday on which he/she receives the goods. You may cancel by giving us notice in any of thefollowing ways: by a notice in writing to our email address [email protected] by a notice in writing to our postal address 42B Marsa IndustrialEstate Marsa MRS, 3000; by completing the Withdrawal Form.If you cancel the agreement: you must return the goods to us at this address: 42B Marsa IndustrialEstate Marsa MRS, 3000 ; the goods to be returned must be returned to us complete; you will need to pay the cost of returning the goods to us you must take reasonable care of the goods (including packaging and manuals) untilthey are returned and to ensure they are not damaged in transit; we will refund any sum paid by you including the shipping costs; we will charge you the direct costs to us of recovering any goods supplied by us if youfail to return the goods to us; it is your responsibility to prove that you have cancelled the sale within the stipulatedtime-limit.This right to cancel does not apply:1. when any service has begun with your consent and with the knowledge that he/she isforfeiting the right of withdrawal;2. in relation to goods and services of which the price depends on fluctuations in thefinancial market,3. in relation to goods which are liable to deteriorate or expire rapidly;4. in relation to goods sealed goods which are not suitable for return due to healthprotection or hygiene reasons and were unsealed after delivery;5. in relation to goods manufactured to order, including those with custom specifications;6. any digital content which is not supplied on a tangible medium if the performance hasbegun with your prior express consent and your acknowledgement that you thereby loseyour right of withdrawal.
5. Our Right to Cancel
We may cancel any purchase made through our website at any time before the goods aredelivered by giving notice to you, if for reasons beyond our reasonable control, there is an issuewith your order, including, but not limited to i) pricing errors and/or ii) unavailability of the goodsordered. In such cases we shall promptly refund any sums paid by you, but we shall not beliable for any other loss or damage whatever arising from such cancellation.
6. Design and other changes
Bajada New Energy Limited reserves the right to alter, change or modify the design and/orconstruction of any goods without prior notice and without incurring any obligation to furnish orinstall such alterations, changes or modifications on goods previously or subsequently sold.All descriptions of products or product pricing are subject to change at any time without notice,at our sole discretion. We reserve the right to discontinue any product at any time.
7. Warranty
We do not warrant that the quality of any products, services, information, or other materialpurchased or obtained by you will meet your expectations and exclude any warranties inthis respect to the extent permitted by law.Notwithstanding the above, if a product is clearly defective, you may ask us to repair itwithin two (2) years from the date when the defective product purchased came into yourpossession. This warranty does not apply if the defect in the product is the result of anykind of misuse on your end. We reserve the right to accept warranty claims only ifaccompanied by the warranty cards fully compiled. We also reserves the right to accept theclaim at our sole discretion. If a claim for warranty is accepted, We will only be responsiblefor the replacement of the parts which result to be faulty or broken. The warranty does notcover the costs: of shipment.
8. Limitation of Liability
Our sole liability for goods sold is limited in that We shall not be liable for any incidental,special, consequential or punitive damages, losses or expenses directly or indirectly arisingfrom the sale, handing or use of any products or any other damages except where suchdamages, losses or expenses are solely and directly attributable to gross negligence on thepart of Bajada. No representation or warranty, expressed or implied, made by any salesrepresentative or other agent or representative of Bajada, which is not specifically set forthherein, shall be binding upon Bajada.We are not responsible if information made available on the Website is not accurate, completeor current. The material on the Website is provided for general information only and shouldnot be relied upon or used as the sole basis for making decisions. Any reliance on thematerial on this Website is at your own risk.We have made every effort to display as accurately as possible the colors and images of ourproducts that appear at the store. We cannot guarantee that your computer monitor's displayof any color will be accurate.We reserve the right to modify the contents of this Website at any time, but we have noobligation to update any information on our site. You agree that it is your responsibility tomonitor changes to our Website.
9. Indemnification
You agree to indemnify, defend and hold harmless Bajada and our parent, subsidiaries,affiliates, partners, officers, directors, agents, contractors, licensors, service providers,subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of yourbreach of these Terms and Conditions, or your violation of any law or the rights of a third-party.
10. Third Party Links
Certain content, products and services available via our Website may include materials fromthird parties. Such third-party links may direct you to third-party websites that are not affiliatedwith us. We are not responsible for examining or evaluating the content or accuracy and wedo not warrant and will not have any liability or responsibility for any third-party materials orwebsites, or for any other materials, products, or services of third parties.We are not liable for any harm or damages related to the purchase or use of goods, services,resources, content, or any other transactions made in connection with any third-partywebsites.
11. Exclusions
Anything that is not expressly written /specified in this contract of sale is considered to be excluded.
12. Maintenance of the Parties’ obligations
The invalidity of any of the provisions of these general terms and conditions shall not lead tothe cancellation of these Terms and Conditions as a whole.Should Bajada New Energy Limited fail to avail itself, at any point in time, of any of itsprerogatives under these General Terms and Conditions, this shall not under anycircumstance be interpreted as implied or express renunciation of its right to exercise thatprerogative in the future.
13. Force Majeure
Bajada New Energy Limited shall not be liable if it is prevented from or delayed in performingits obligations owning to an event beyond its control.14. MiscellaneousThis contract supersedes all prior negotiations and understandings of the parties and containsthe complete final agreement between Bajada and yourself concerning the products/service,and no other agreement in any way modifying any of the said terms and conditions will bebinding upon Us.15. JurisdictionThe laws of the Republic of Malta shall govern these General Terms and Conditions. In caseof dispute, the competent jurisdiction will be the Courts of Malta.16. Data ProtectionAll personal details are processed in accordance with the General Data Protection Regulation(Regulation (EU) 2016/679) and the Malta Data Protection Act (Chapter 586 of the Laws ofMalta). Please see out privacy notice for more details.