Terms & Conditions

Introduction

These are the general terms and conditions governing your access and use of the content and services offered to you on this internet site and constitute an agreement between you and India Ltd.

India Ltd. (‘we’ /‘us’/‘our’) is the owner and operator of http://www.monsoonaccessorize.com.mt the Site. India Ltd. is a company which is registered in Malta and holds company registration number C- 19025. Our registered address is 65, Bisazza Str, Sliema, SLM1643 and our VAT registration number is 1403-0034. We may be contacted on telephone number (356) 21333668, or email address general@monsoon.com.mt

By using, viewing, transmitting, caching, storing and/or otherwise utilising this Site, the services or functions offered herein and/or contents or information on this Site, you agree to each and all of the terms and conditions set out herein, and waive any right to claim ambiguity or error in this Agreement. Should you not agree to each and every term and condition set out herein, you are asked not to use this Site and to leave immediately.

By using the services you warrant to India Ltd. that you have the age and legal capacity to enter into transactions which are regulated by these Terms and Conditions.

India Ltd. may amend these Terms from time to time, and place the new version on the Site. Amended terms and conditions are operative as from moment of publication on the Site. Users are encouraged to review the terms and conditions prior to each and every purchase.

Description of Service/Product

Through this Site, we provide general information about the company’s products and services and we also provide you with the possibility of purchasing our products online. All products purchased online shall be delivered to the address indicated by you.

Price

Any online purchases on this Site shall be charged at the price advertised on this Site at the date the order is placed. All prices shown on the Site are indicated in Euro and are inclusive of VAT.

Whilst we try and ensure that all prices on our Site are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

Delivery Costs

Delivery costs shall be clearly indicated where applicable.

Delivery costs are subject to change. All delivery costs, if any, are calculated at checkout.

Payment Method and Security

Due to Covid-19 delays, payments are to be settled on delivery, by cash, Revolut, cheque or credit card. 

All online purchases shall only be accepted against payment by credit/ debit card or Paypal. Your card details are received and processed directly by our payment gateway; your card details are transmitted from you to the payment gateway encrypted over high-strength SSL for maximum protection and confidentiality. India Ltd. does not handle the card information at any point.

For additional security, your three digit security code found at the back of your card is never stored by the payment gateway (CVV/CVC2). Without this number, additional transactions attempted on your card, without your authorisation, would be rejected.

The payment gateway is licensed and authorised by Visa, MasterCard and other card associations to act as a payment gateway and is fully audited and compliant with the Payment Card Industry Security Standards.

You undertake and agree to provide correct details to India Ltd. for the purpose of ordering or purchasing goods from this Site.

You also undertake and warrant that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.

It is a crime to use a false name or a known invalid credit card to order. Anyone caught will fully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law.

Communication

You agree that e-mail (and other means of electronic communication such as notices on the site) will be used as the primary means of communication.

Conclusion of the Contract

The electronic contract between you and us shall be concluded as soon as you have received our electronic acknowledgement, hereby referred to as a confirmatory email, of your order. This confirmatory e-mail will contain all relevant statutory information concerning your contract.

The confirmatory e-mail will also contain a link to these terms and conditions.

You must check that the details on this confirmatory e-mail are correct as soon as possible and you should print out and keep a copy of it.

All transactions/orders carried out on this Site are concluded in English.

India Ltd. reserves the right to refuse to accept your request for an order for any reason. If we decide to cancel your order we will notify you as soon as possible and we will refund to you any sum paid by you to us in respect of the order within seven (7) days of the cancellation of your order. We will not be obliged to offer any additional compensation.

Delivery / Title / Risk

India Ltd aims to arrange delivery of all ‘in stock’ items within a reasonable time, and in any case not later than seven (7) days from the conclusion of the contract.

Some items may be unavailable and the current stock status is approximate. In the case that items ordered are unavailable India Ltd. will inform you of this before the conclusion of the contract. India Ltd is unable to provide dates and time-frames within which its suppliers may stock a product. The period stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order and stated in the order confirmation.

India Ltd. only deliver to Malta and Gozo.

Once delivery has been made to your door you are solely responsible for them. A signature is required upon delivery.

You must inspect all items on the delivery document and confirm there are no shortages or damages. If you notice that there are any shortages in the delivery, or the product is damaged after delivery has been made, without prejudice to your statutory rights, you are to notify us within 48 hours of the delivery being made. Such notice must be made by email and you must attach photos of the damaged goods.

For Christmas Deliveries, we recommend that you order by the 18th December. We will endeavour to dispatch all ‘in stock’ orders within 1-2 working days, however, we cannot guarantee delivery on or before the 24th December.

Cancellations / Return Policy

Cancellation prior to delivery

You have the right to cancel your order at any time prior to your order being processed by clicking on the ‘cancel’ link next to the product ordered on the Site.

You may cancel the order by sending a notice of cancellation by email to donna @monsoon.com.mt ensuring that you quote your name, address and order reference number.

If your order has not been dispatched we will cancel the order and we will refund your payment.

You will be liable for any applicable bank charges when cancelling your order.

Cancellation after delivery

You may also cancel your order for any reason within 14 calendar days of the date of delivery of the good/s. We will offer you a full refund for the good(s) purchased.

You may cancel the order by sending a notice of a cancellation by email to donna@monsoon.com.mt ensuring that you quote your name, address, order reference number and method of return. You may either return the goods directly to;

India Ltd. St. Annes Court, Flat 5, Bisazza Street, Sliema, SLM 1643.

or we can arrange re-collection of the order for a fee which will be deducted from your refund.

Goods should be unopened, with all original tags and packaging together with the original invoice.

You have a duty of care to ensure that items are not damaged whilst in your possession. All items must be returned to us in shop condition, including original labelling and packaging as well as the original invoice received with the package. You shall be liable for any diminished value of the goods. We would also ask that they be returned with their original packaging or similar to avoid damage on their return journey. We reserve the right to withhold all or part of your refund if items are returned damaged.

The right to cancellation or return shall not apply to pierced earrings for reasons of hygiene.

The return of swimwear will only be accepted on the condition that the hygienic strip liner is still attached to the garment.

Refunds

A refund will be issued within seven (7) days of receipt of the notice of cancellation if you have cancelled an order which had not yet been dispatched, or within seven (7) days of receipt of the returned goods if you have cancelled an order which was already dispatched. We reserve the right to withhold the reimbursement until we have received the good/s back.

Refunds of Faulty Items

If you have any problems with your purchase we will be happy to offer help and assistance.

Please contact us for assistance by writing to; donna@monsoon.com.mt

In the unlikely event that you receive goods which were not what you ordered we shall make good for any shortage, non-delivery, or replacement.

If you inform us that your product is damaged or defective, or are of a different quantity to that stated on your order form and we accept this, we can arrange for a replacement or for the item to be repaired at no extra cost to you. In the case that the item cannot be repaired or replaced, we will provide you with a full refund.

You are to inform us within fourteen (14) days from when you notice such defect and you will be required to send a copy of the invoice which accompanied delivery. Failure to show that you have purchased the item from us may result in the refusal of exchange or in the repair becoming chargeable. This is in line with your statutory rights which are to remain in force for a period of two (2) years.

We will be able to replace an item depending on our stock and the repair time may vary. We will not accept any claims for losses you suffer during this time or any other incidental or consequential damages you may suffer.

Liability

This section applies only to the extent permitted by law.

Whilst we endeavour to ensure that all the information we provide on this Site is correct, we do not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services.

India Ltd. will do its best to correct errors and omissions as quickly as practicable after being notified of them.

TO THE FULLEST EXTENT PERMITTED BY LAW, INDIA LTD. IS PROVIDING THIS SITE AND ITS CONTENTS ON AN ‘AS IS’ BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, INDIA LTD. DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT.

We reserve the right to make changes to the material, detail or to the products and services and prices described in it at any time and without any notice. We reserve the right to modify and/or discontinue (temporarily or permanently) the products and services from time to time, for any reason, and without notice, including the right to terminate any of the products and services. In any such case, we shall not be held liable for any such modification, discontinuance or termination.

If our Site contains links to other Sites and third-party materials, said links are provided for information purposes only and we have no control whatever over the content of those Sites or materials. Therefore, we shall not accept any liability for any damage or harm deriving from their use.

We provide no further warranties other than the ones specifically agreed to in these terms and conditions. These terms and conditions do not adversely affect your statutory and other legal rights.

India Ltd. will only be liable under these Terms for losses which are a reasonably foreseeable consequence of the relevant breach of contract.

The products sold on the Site are provided for private domestic and consumer use only. Accordingly, India Ltd. does not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Site or for any products or services purchased from India Ltd.

We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the 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, governmental actions and any other similar events.

We shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.

Data Protection

We are committed to protecting your privacy and we will not collect any personal information about you unless you provide it voluntarily. Any personal information you communicate to us will be processed in accordance with the GDPR, the Data Protection Act, 2018 (Chapter 586 of the Laws of Malta) and any other applicable privacy regulations that may be in force from time to time.

Your usage of our services provided through this Site constitutes confirmation that you have read and understood our privacy policy and your agreement to the provisions contained therein.

Intellectual Property

Content found or made available on the Site is the exclusive property of India Ltd or its suppliers and is protected accordingly by intellectual property laws and no part of the site may be copied, reproduced or used in any way.

In these Terms & Conditions, ‘Intellectual Property Rights’ means patents, database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights, together with the right to apply for the protection of any such rights. Subject to the right granted to you to use the Site, India Ltd. reserves all rights, title and interest in its Intellectual Property Rights on the Site. Any goodwill accruing from use of India Ltd. and its affiliates’ trademarks, trade and business names and service marks under this Agreement will vest in India Ltd. and its affiliates, as appropriate.

Applicable law and jurisdiction

This is a Maltese website and is subject to the laws of the Republic of Malta.

Every purchase you make shall be deemed to be a transaction contracted, performed and executed in Malta. Maltese law shall govern every aspect of the electronic contractual agreement between you and India Ltd. concerning purchases made from the Site.

All disputes arising from the use of this Site and/or and electronic contractual agreement between you and India Ltd. shall be subject to the exclusive jurisdiction of the Courts of Justice of Malta.

Miscellaneous

No waiver by us of any breach of these Terms shall be considered as a waiver of any subsequent breach of the same or any other provision.

You may not permit, create unauthorized framing of, or deep linking to, the Site or the creation of derivative works thereof from any other Site under your management or control.

We reserve the right to terminate this Agreement immediately and without notice to you if:

  • you fail to make any payment to us when due;
  • you breach the terms of this Agreement (repeatedly or otherwise);
  • when requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you or your identity;
  • we suspect you have engaged, or about to engage, or have in any way been involved, in fraudulent or illegal activity on the Site.

  • These Terms supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between India Ltd. and you relating to your purchase. India Ltd. advises that you print off and keep safe a copy of these terms and conditions once your order has been accepted by India Ltd. You are advised to read (and are responsible for reading) fully all information on this Site.
    If any provision of these Terms shall be held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining parts of these Terms and the remainder of the affected provision shall be unaffected.

Help & FAQ

Payment

Due to Covid-19 delays, payments are to be settled on delivery, by cash, Revolut, cheque or credit card. 

You may choose between two online payment methods.

1. PayPal – select this method upon check-out, sign in to your PayPal account and confirm payment.

       

2. Debit or Credit card – Visa, Visa Electron, MasterCard or American Express. You will still check-out via PayPal, even without a registered PayPal account.

   Delivery

         COVID-19 UPDATE: Please note as per government’s guidelines, all shops will be closed as from 23/03/20.  Pick-up in-store option is not available. We will proceed to deliver your goods within 5 working days. All the necessary sanitary precautions will be taken and we will avoid human contact as much as possible.

· Enter your home or office address when making your purchase and we will deliver the order to your chosen destination.

· Delivery of your items will take place on working days only (Monday – Friday between 10am and 5pm). This excludes Public Holidays.

· Delivery is FREE when spending over €30 (applies to Malta addresses only).  There will be a €5 delivery charge when spending under €30.

· Please note delivery to Gozo is applicable against a fixed rate of €5, and may take up to five business days to be effected.

· Upon delivery you will be asked for details such as order number, name and surname, mobile number and signature.

· In the case of an unsuccessful delivery attempt, we will contact you in order to make alternative arrangements. In this case, you may incur additional delivery charges.

· Occasionally, we may outsource delivery from third party couriers. If available, we will provide you with your tracking number. If delivery fails after two attempts, you will be notified accordingly.

Returns

   COVID-19 UPDATE: Please note as per government’s guidelines, all shops will be closed as from 23/03/20. 

· Returns will be accepted up to fourteen (14 ) days from date of delivery, and will be collected by us at a fee of 5 euro.

· Refunds will be issued only for online purchases and strictly against presentation of original receipt. Returns with a gift receipt are eligible for credit notes only and not refunds.

·  Please allow up to seven (7) working days for a card refund to be affected. This may vary according to your bank.

·  When making returns, please bear in mind that any items returned must be in the same condition in which you received them, with all tags attached in their original state. We will inspect the condition of the items before proceeding to exchange the size or reimburse the returned items.

·  For reasons of hygiene, pierced earrings are strictly non-returnable and swimwear can only be returned if the hygienic strip liner is still attached to the garment.

Loyalty Points

·  If you are a Monsoon loyalty card holder, and have inputted the correct card number when creating an account on this Site, your points will accumulate as you make your online purchases.

·  Please insert your Monsoon loyalty card number upon check-out in the relevant field. 

Gift Vouchers/Credit notes

· Gift vouchers may be purchased online but can not be used online at this time.

. Gift vouchers cannot be exchanged for cash.

· Credit Notes can not be used online at this time.

· Monsoon and Accessorize Gift Vouchers & Credit Notes are valid at all our stores in Malta and Gozo and are valid for 6 months from date of issue.

· Please note lost Gift Vouchers or Credit Notes cannot be re-issued.

Contact us on:

Email – donna@monsoon.com.mt

Tel – 21333668 (Head Office)