Vodafone Online Shop Terms and Conditions
Agreement to Terms
- These terms and conditions (“Terms”) and any other terms and conditions or documents referred therein constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Vodafone Malta Limited, a company duly incorporated and existing under the laws of Malta, with registration number C10865, registered address at Level 6, SkyParks Business Centre, Malta International Airport, Luqa, LQA4000 (“we,” “us” or “our”), concerning your access to and use of the Vodafone Online Shop (www.vodafone.com.mt/shop) as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Online Shop”). By accessing and using the Online Shop you accept without limitation or qualification these Terms and confirm that you have the age and legal capacity to accept these Terms Should you disagree with these Terms, you must refrain from using the Online Shop immediately.
- Supplemental or service specific terms and conditions or documents, including but not limited to the following:
- Vodafone General Terms and Conditions,
- Vodafone General Fibre Fixed Internet Services,
- General Fixed Services Terms and Conditions
- Vodafone Secure E-Billing Service Terms and Conditions,
- Rest of World Vodafone Traveller,
- Quality of Service term,
- Acceptance Usage Policy,
- Traffic Management Policy ,
- PayPal User Agreement; and
- terms and conditions or documents that may be posted on the Online Shop from time to time
are here by expressly incorporated herein by reference and shall form part of your contract (as applicable). We strongly recommend that you read and familiarise yourself with these terms and conditions as they govern our contract with you. Please print or download a copy for your records.
3. We hereby reserve the right, at our sole discretion, to update and/or change these Terms accordingly. Should the T&C be updated, access and use following the date of the amended and updated Terms shall be governed by the new terms and conditions.
4. You are advised to read these Terms every time you use and access the Online Shop.
5. The Online Shop offers you the opportunity to purchase selected:
(a) Goods (such are mobile devices; SIM Cards and other tangible movable items offered through the Online Shop); and/ or
(b) Services (such as electronic communication services and any other services offered through the Online Shop),
collectively referred to as “Products”, over the internet.
6. All Products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any Products at any time for any reason. Prices for all Products are subject to change.
7. Some Services are subject your fulfillment of eligibility criteria and will only be available to you on the following conditions:
- you must reside in, and provide a delivery address within Malta; we reserve the right to request valid proof of identity/address and such evidence of residence in Malta as we may require;
- your truthful and accurate completion of the application form and the provision of such other information as we may for any valid reason request.
- you must be 18 years of age or older;
- you must have and maintain a satisfactory credit rating and providing us with such financial security as we may reasonably require.
For more information on the eligibility criteria, please refer to general and specific terms and conditions applicable to the advertised Services and review such criteria prior to placing your order.
8. We may modify, suspend or discontinue the Online Shop or Products offered therein at any time with or without notice to you and without acceptance of any liability. Discontinuation may occur for any technical, operational or commercial reasons. We do not guarantee or warrant that any particular functionality, features, information or Products promoted on the Online Shop will be available to you at any given time. We will alert you about any changes by updating the version date of these Terms, and you waive any right to receive specific notice of each such change.
9. All Products are subject to availability and we reserve the right to change or vary the Products promoted on the Online Shop or the prices at any time.
10. By accessing and using our Online shop you agree:
- to comply with all of our reasonable requests or instructions in relation to the use of the Online Shop;
- to comply with all requests or instructions of any authorised authority in relation to the use of the Online Shop or the internet in general or for the investigation of any alleged offences as may be applicable;
- to abide by all applicable laws and regulations (inclusive of but not limited to copyright and intellectual property protection laws);
- you will not use the Online Shop for any illegal or unauthorised purpose;
- not to distribute, download, upload or transmit any material which contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programmes;
- not to attempt to gain unauthorised access to or interfere with the Online Shop, other users, computer systems or connected networks;
- you will not access the Online Shop through automated or non-human means, whether through a bot, script or otherwise;
- not to disguise the origin of any transmitted communication or impersonate any other person or entity;
- to notify us immediately of any breach of security or any claim or legal proceedings against you relating to your use of the Online Shop.
11. We may suspend or terminate your access to the Online Shop wholly or partially and with or without notice for any valid reason including, without limitation where:
- you fail to observe or perform any obligation set out in the Terms, any relevant law, licence, regulation, directive, code of practice or applicable usage policy; or
- you fail to pay us any sums due to us; or
- you inappropriately use the Online Shop; or
- you supply us with false, misleading or inaccurate information at any time; or
- we suspend or discontinue the Online Shop.
12. Where we exercise any of our rights or powers under clause 11 above such exercise shall not prejudice or affect the exercise of any other right, power or remedy which may be available to us. We shall not be liable to you or any third party for any suspension or termination of your access to or use of the Online Shop.
13. If you breach the Terms and we do not take immediate action, this shall in no way affect our ability to rely on these Terms and all rights, powers or remedies which may be available to us at a later stage.
Making a Purchase Online
14. Information Required: When you opt to purchase Products, you will be required to provide certain personal and payment details, any information that you provide to us for the purpose of making a purchase must be fully complete and accurate. Should any of such information change, you are to update the information accordingly and without any delay. When using a credit card on the Online Shop, you confirm that you are legally fully entitled and authorised to use such credit card for the purchase and that sufficient funds are available to cover any charges incurred by you.
15. Payments: Your Order is subject to a successful payment for the Products. We only accept payments that are processed via PayPal. You can pay using your PayPal account or using any credit card, for more information on PayPal payments please see User Agreement for PayPal Services. Unless explicitly stated otherwise, we do not accept payments on delivery (card, cheque or cash). We reserve the right to introduce different payment methods at any point and at our absolute discretion.
16. Prices: The prices for Products are quoted in Euro and are subject to change from time to time and as may be applicable. All prices are stated inclusive of valued added tax (VAT) at the relevant rate but, unless expressly stated otherwise, are exclusive of any other taxes that may be applicable, including the excise tax. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
17. Purchasing Limits: We reserve the rights at our sole discretion to limit the number of any Products that may be purchased in any transaction or impose any purchasing limits that we may require from time to time. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order.
18. Making an Order: We promote a range of Products for sale via the Online Shop. When you order Products from the Online Shop, we treat this as an offer from you to purchase the Products and as your order for such Products (“Order”).
19. Order Rejection: We reserve the right to accept or reject any such Order from you at our sole discretion for any legitimate reason. We will notify you if this occurs. If we are unable to supply the Products to you, we will refund the relevant amounts if already debited from your card or PayPal account.
For example, we may reject your Order in any of the following circumstances:
- Unsuccessful Payment: Your Order is subject to a successful payment for the Products, if the payment is not process for any reason whatsoever, we may reject your Order.
- Sudden Unavailability: If we are unable to supply you with the Products, for example because that Good is not in stock or no longer available we will inform you of this and will not process your Order, and refund you the full amount as soon as possible.
- Mistakes in Pricing: Our Online Shop contains a number of Products. It is always possible that, despite our best efforts, some of the Products on our Online Shop may be incorrectly priced. We shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price, if the item(s) has been charged and not dispatched we will cancel and refund the Order.
- Services eligibility: In order to purchase certain services offered through the Online Shop you must fulfil certain eligibility criteria (including but not limited to your residence, age, satisfactory credit rating) please refer to general and specific terms and conditions applicable to the advertised services for more information. We reserve the right to reject your Order in case you do not satisfy such criteria and/or you will not be able to provide us with evidence which we may reasonably require.
20. Accepting the Order: Your Order will only be accepted and confirmed upon a receipt of an order confirmation email. Your contract for a purchase of Products shall be concluded between you and us when we send you such confirmation email. For the avoidance of any doubt, your respective contract for Services is subject to certain criteria (see clause 7) and shall be concluded and commence to run when signed by you (either physically or through the provision of electronic signatures or by other means, as available and as legally acceptable).
21. Security: The details of your purchase submitted over the internet is protected by Transport Layer Security (TLS). This is an industry standard technology designed to prevent information in transit over the internet from being intercepted. We may also implement our own security procedures to prevent fraud. We reserve the right to enhance, amend and update our security procedures. Our internal security procedures may include the processing of your credit card details through our third party payment providers. Notwithstanding this, you should be aware that there are certain risks associated with internet communications. You acknowledge that the internet is a media over which we have no control. We expressly disclaim, in so far as legally permissible, responsibility for any loss or damage arising out of the loss or delay of transmissions over the internet. In respect of any other loss or damage suffered or alleged to be suffered, our liability to you shall not, to the fullest extent permissible under applicable law, exceed the value of Products purchased.
22. You will be advised before you place your Order of any applicable delivery charges, restrictions (if any) and how such delivery charges will be payable. Delivery charges are subject to change.
23. You should note that delivery will be to the address as specified by you in the Order. In case of any Order for Goods, you are authorising us to accept a signature from another person on your behalf at your delivery address should you not be present or available at the time of delivery. Therefore, we shall not be liable for ensuring personal delivery to you. In case your Order includes Services for which you need to enter into a services contract, such a contract need to be signed by you personally, hence you need to ensure that you will be present at your delivery address at the time of delivery as indicated by us. In case you, or a person duly authorised to sign on your behalf, will not be present at the delivery address, we cannot guarantee a successful delivery and we shall be in no way liable for such unsuccessful delivery.
24. Deliveries will not be made to PO Boxes or to addresses outside Malta. You can also select an option to collect your Order from one of our stores (if available).
25. We will ensure that all Products are delivered within thirty (30) days of the relevant Order. If we do not deliver the Products to you within this time period, where you agree, we will deliver within an extended period of delivery agreed with you or we will refund the price in full to you and cancel said order.
26. Upon delivery you must inspect the Products delivered and confirm on the delivery document if there are any damages and/or shortages. Should there be any missing Products or damages you are to inform the delivery person who shall record this on the delivery document. Should you notice that the Products are damaged following completion of delivery, without prejudice to your statutory rights, you are to notify us within forty eight (48) hours of the delivery through Contact Us.
27. In the event of delay or non-delivery of Products you should immediately contact us through Contact us (https://www.vodafone.com.mt/support#contact-us) who will assist you in resolving the matter.
Cancellation & Returns
28. Cooling-off period: We operate a cancellation and returns policy which is compliant with the Consumer Rights Regulations, S.L.378.17 of laws of Malta. These regulations, as well as the provision of this section ‘Cancellation & Returns’, will only apply to you in case you are a consumer (i.e. a natural person acting for purposes outside their trade, business or profession). For the avoidance of any doubt, the cooling-off period is subject to limitations set out in Term 29 and exceptions set out in Term 30 below.
29. If you have changed your mind, you can get a full refund on online purchase before the expiry of the cooling off period which is fourteen (14) calendar days following receipt of your Goods, or in the case of Services, from the date your service contract was concluded. If multiple Goods are ordered in one Order and delivered separately, the cooling off period expires 14 days after the date of the last delivery. Please note the following limitations to this cooling off period:
- Supply of Services: Where you have purchased one of the Services, you hereby acknowledge that where you begin using the Service before the end of the cooling off period, you will be liable for all charges incurred up to the date of cancellation. This in case of prepaid services (including any bundles) means that once you start using the service, you are liable for the full price of such prepaid service and you cannot be refunded. For the avoidance of doubt in case you decide to stop using the prepaid services before utilizing all the benefits, any unused benefits will be forfeited.
- Diminished Value of Goods: Where you have used the Goods supplied before the expiry of the cooling off period you will be liable for any diminished value of the Goods.
30. Please note that the right to cancel does not apply in the following circumstances:
- Service contracts, after the service has been fully performed where the performance began with your prior express consent and acknowledgement that the right to cancel the contract would be lost once the contract had been fully performed and/or provided by us. For the avoidance of any doubt, the prepaid services should be considered to be fully provided upon the activation of your service and therefore cannot be cancelled.
- Contracts for the supply of Products that are clearly personalised;
- Contracts for the supply of Products that are liable to deteriorate or expire rapidly;
- Contracts for the supply of sealed Goods that:
- are not suitable for return for health protection and hygiene reasons, and
- were unsealed after delivery;
- Contracts for the supply of Goods that are, according to their nature, inseparably mixed with other items after their delivery;
- Contracts where you have specifically requested a visit from us for the purpose of carrying out urgent repairs or maintenance;
- Contracts for the supply of sealed Goods that were unsealed after delivery.
31. Cancellation Process: To cancel your order before the expiry of the fourteen (14) day cooling off period, you can Contact us (https://www.vodafone.com.mt/support#contact-us), where you will need to fill out the Cancellation Form. You should take note of the following:
(a) To meet the cancellation deadline it is sufficient for you to send this Cancellation Form (click to access form) to us or notify us by phone before the cooling off period has expired.
(b) You’ll be responsible for the cost of returning the Products (including shipping costs and any additional items sent with your Products, such as chargers, modems and headsets) to us unless:
- we’ve delivered them to you in error
- the product was damaged or defective at the date of delivery to you.
(c) You’ll need to take reasonable care of the Products until they’re returned or collected by us. The Products must be returned to us in the same condition they were delivered and you shall be liable for any diminished value of the Products. We will not be responsible for any accident while they are in transit returning to us and we recommend you pack the Products securely and that you should use a recorded-delivery service (such as prepaid post) to return any Products to us.
(d) You must return the Products to us within fourteen (14) days of informing us of your wish to cancel unless we arrange to collect the Products directly from you. Products should be returned to: Vodafone Returns, Vodafone Malta Ltd SkyParks Business Centre Malta International Airport Luqa LQA 4000, Malta.
(e) You will also be responsible for paying for any service charges incurred such as line rental, call charges and data used up to the date of cancellation and/or return (as applicable).
(f) Please note if returning Products we require the original invoice or order number or your full name and address. Without this information we will be unable to identify a returned package as yours and we will not be able to process the return/refund.
32. Refunds: In case cancel your Order in accordance with this section ‘Cancellation & Returns’, we will refund the original purchase price (less any discounts we applied at the time of your purchase and less any applicable diminished value amount, delivery charges or service charges) for the Products you are cancelling as soon as reasonably possible, and in any case in accordance with our statutory obligations. Vodafone will refund you using the same means of payment you used for your initial transaction.
Privacy and Cookies
35. The www.vodafone.com.mt website (including the Online Shop) are provided “as-is” and all conditions and warranties expressed or implied by statute or common law are excluded to the fullest extent permitted by law. Without prejudice to the generality of the foregoing, we make no warranties or representations that the operation of the Online Shop will be uninterrupted, timely, or error-free. Unless otherwise stated we shall not be liable for any losses, damages, costs or expenses (including indirect or consequential loss (including but not limited to loss of use, data, profits, business or anticipated savings) arising out of or in any way connected with your use of the Online Shop and whether based in contract, tort, or otherwise, even if we or any of our suppliers have been advised of the possibility of such losses, damage, costs or expenses. It is your responsibility to evaluate the information about the Products provided on this Online Shop and to decide on the suitability of such Products for your needs. We shall not be liable for any delay in the delivery of the Products ordered or any other matter to the extent that such delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, government actions and any other similar events.
36. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Online Shop; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Online Shop with whom you connected via the Online Shop.
Intellectual Property Rights
37. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Online Shop (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property protection laws.
38. The Content and the Marks are provided on the Online Shop “as is” for your information and personal use only. Except as expressly provided in these Terms, no part of the Online Shop and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
39.Provided that you are eligible to use the Online Shop, you are granted a limited license to access and use the Online Shop and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Online Shop, the Content and the Marks.
40. These Terms are governed by the laws of Malta and we and you submit to the exclusive jurisdiction of Courts of Malta. If any part of these Conditions is determined to be invalid or unenforceable pursuant to applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall remain in effect.
42. Complaints: Should you wish to file a complaint, you may do so either by visiting one of our retail outlets; by calling 247, free of charge from your handset; by calling (356) 9999 9247 from any other phone, or by sending an e-mail on email@example.com. All customer complaints are acknowledged within 24 working hours. If you wish to file a complaint in relation to Goods or Services you purchased from us online you may do so through Online Dispute Resolution Platform available at: http://ec.europa.eu/consumers/odr/.
v2 © May 2020