Conditions of Use

Xpert - Consumer Terms & Conditions of Sale

Please read these terms carefully before placing an order and keep a copy for future reference.

1. Contracts of Sale
   • Language of Transactions: All transactions are completed in English. Communication in Maltese is also accepted. Other languages are not supported.
   • Contract Formation: A contract for the sale of goods between you and us is formed when we have accepted your order and received payment in full. For delivery or pickup orders, the contract begins once we confirm your order.
   • Order Confirmation: You will receive an email acknowledging your order. However, a legal contract is only created when payment is completed, and the order is accepted and processed. You can track your order status via your account. The contract is subject to these Terms and Conditions.
   • Right to Cancel: You have the right to cancel the contract as detailed in the cancellation section below.
   • Transfer of Ownership: Ownership of the goods passes to you once we receive full payment for the goods and any other outstanding amounts you owe us.
   • Changes to Terms: We may update these terms for future sales without prior notice.

2. Description and Price of Goods
   • Product Description and Price: The description and price of the goods will be as shown on our website when you place your order. Product images are for reference and may differ from the actual item.
   • Availability: Goods are subject to stock availability. If an item is out of stock after you order, we will notify you as soon as possible.
   • Pricing and Description Errors: We strive to ensure accurate prices and descriptions on our website. If an error is discovered, we will notify you promptly. You can choose to reconfirm your order with the correct details or cancel it. If we do not hear back within 5 days, the order will be cancelled.
   • Product Changes: We may deliver goods with different descriptions or specifications if required to meet safety or legal standards, or due to manufacturer updates. We will inform you of such changes before delivery.
   • Delivery Charges: In addition to the product price, you may need to pay a delivery fee.

3. Payment
   • Payment Before Delivery: We will not deliver your order until full payment has been received and cleared.
   • Right to Decline Payment: We reserve the right to reject your payment if the order cannot be accepted, supplied, or delivered for any reason.
   • Full Payment Required: Payments must be made in full, without any deductions such as discounts or set-offs, unless you have a valid court order allowing it. If such a court order exists, you must notify us via email immediately after placing your order.

4. Delivery
   • Delivery Address & Risk: Your order will be delivered to the address you provide, and the risk of loss or damage transfers to you once the goods are delivered.
   • Delivery Method: We may change the delivery method you chose, but we will not charge extra without prior notice.
   • Delivery Time: We aim to deliver in-stock items within 36 hours on working days. For same-day delivery, you can request this service at an additional charge.
   • Failed Delivery: If we cannot deliver to your address for reasons under our control, we will notify you. If no alternative is agreed upon, your order will be cancelled.
   • Cancellation & Refund: If you cancel your order and fail to take delivery, we will refund your payment within 14 days, minus any costs incurred.
   • Delivery Delays: We aim to deliver as quickly as possible, but we are not responsible for delays beyond our control.
   • Delivery Date: The exact delivery time is not guaranteed. Goods may arrive earlier than the scheduled date.
   • Checking Goods: Upon receiving your goods, we strongly recommend that you inspect the package and contents as soon as possible. If you discover any damages that occurred during delivery, please notify us in writing (email or letter) within 24 hours. Prompt reporting helps us to resolve the issue faster.

5. Your Right of Cancellation
   • Cooling-Off period: You can cancel your online order at any time within 14 calendar days of receiving the goods.
   • How to Cancel: To cancel, send us a written notice by letter or email with your order details and, if needed, the delivery information. Cancellations by phone are not accepted.
   • Defective Product Claims: If you cancel because the product is claimed to be defective, and after inspection we find no defect, we may charge you a reasonable inspection fee. A detailed report will be provided. This does not affect your right to cancel the order within the 14-day cooling-off period for any reason.
   • Returning Goods: If you cancel after receiving the goods, you must return them in their original packaging, in good condition. You are allowed to inspect the goods to determine their nature, characteristics, and functionality. However, if the goods show signs of excessive handling beyond what is necessary to inspect them, we may deduct an amount from your refund to reflect the reduction in value. If the goods are damaged during handling or transit, we may not accept the return.
   • Refund: Once we receive your cancellation notice and the returned goods, we will refund your payment within 14 calendar days from the day we receive the goods.
   • Non-Return of Goods: If you don't return the goods as required, we may charge you for the cost of recovering them. All returns must include the original packaging, unless otherwise agreed.
   • Exceptions: You cannot cancel your order in the following cases:
     • For unsealed software or digital goods where the packaging has been opened or where the product has been downloaded.
     • When purchasing digital content (e.g., software, eBooks) not supplied on a tangible medium, if you have:
       • Explicitly agreed that the performance of the contract can begin before the 14-day cancellation period ends, and
       • Acknowledged that by doing so, you lose your right to cancel once the download/installation has begun.
   • Other Rights: This cancellation right is in addition to your other legal rights.

6. Warranty
   • Legal Guarantee: You are legally protected against hidden defects and product non-conformity for a minimum of two years from the purchase date, as per EU law.
   • Defects: Defects that become apparent within the first six months are presumed to have existed at the time of delivery unless we can prove otherwise.
   • B-Ware Items: These items may be refurbished, used, or have cosmetic defects. The warranty for these products varies between 12 to 24 months and is specified on each item.
   • Manufacturer’s Warranty: Manufacturer warranties, if applicable, are provided with the goods or available on the manufacturer’s website. This includes warranties for things like dead pixels or software.
   • Dead/Lit Pixel Warranty
     • Definition: A dead pixel is defined as a pixel that remains unlit and does not display any colour. A lit pixel is defined as a pixel that remains permanently illuminated (displays one or more colors continuously) regardless of the image displayed.
     • Warranty Coverage: The warranty covers any display with more than the acceptable number of dead or lit pixels as specified by ISO 9241-302 during the warranty period.
     • Class 2: The acceptable thresholds for dead or lit pixels will be in accordance with class 2 of this ISO, if not specified in the Manufacturers website.
     • Thresholds: Class 2 panels permit any or all of the following: 
       • 2 full bright (“stuck on white”) pixel
       • 2 full dark (“stuck off”) pixel
       • 5 to 10 “stuck on” or “stuck off” sub-pixels (depending on the number of each: no more than 5 bright (“stuck on”) subpixels are permitted no more than 5 bright (“stuck on”) subpixels are permitted)
   • Exclusions: This warranty does not cover defects caused by natural disasters, normal wear and tear, accidents, misuse, software issues, power surges, or repairs made by unauthorized third parties.
   • Defects or Complaints: If your product develops a defect while under warranty, notify us in writing within 7 days of discovering the issue. This must be done within the 24-month legal guarantee period.
   • Return Authorization: You are responsible for requesting an RMA (Return Merchandise Authorization) number before returning any products.
   • False Fault Claims: If you claim an item is faulty and we find no defect after testing, we may charge you for the inspection.
   • Repair/Replacement Time: We aim to repair or replace faulty items quickly. We are not responsible for delays outside our control.
   • Product Replacement: We try to replace faulty products with the same model. If not possible (e.g., product discontinued), we will offer a similar item in terms of price or specifications.
   • Warranty Continuation: Repairs or replacements do not restart the warranty period; it continues from the original invoice date. However, the warranty is extended for the time the product is under service.
   • Invalid Warranty: The warranty is void if the serial number has been altered or removed.
   • Software: Software is not covered under this warranty. Ensure it meets your needs before leaving the store, and back up your data before service. We are not responsible for data loss.
   • Returned Product Setup: After service, products will be returned with their original settings. We do not install additional software or configurations.
   • Invoice Requirement: The warranty is valid only with the original invoice, manuals, software, and packaging.
   • Legal Guarantee: You are legally protected against hidden defects and non-conformity for two years from the purchase date. Claims within the first six months are presumed to have existed at the time of purchase unless proven otherwise.
   • After Six Months: After six months, the seller is liable only for defects that existed at the time of purchase and not due to misuse or other external causes.
   • TBW for SSDs: The warranty on SSDs ends once the drive’s total bytes written (TBW) limit is reached, even if it happens before the warranty period ends.
   • Battery Warranty: UPS batteries are covered for 12 months, while batteries in notebooks, tablets, and other devices are covered for 6 months.
   • Returns: Goods are not sold on a trial basis. Returns are subject to approval and a restocking fee, depending on the product’s condition and current market price. Unsealed or unpacked software cannot be returned or refunded.

7. User’s Obligations and Responsibility
   • Legal Use: You agree not to use the website for any illegal purposes and will follow all applicable laws.
   • No Harmful Uploads: You must not upload viruses, malware, or anything that could disrupt the website’s operations.
   • No Offensive Content: You must not upload anything defamatory, offensive, obscene, or that could cause annoyance or harm.
   • No Website Disruption: You agree not to use the website in a way that could damage, interrupt, or reduce its effectiveness or functionality.
   • Respect Rights: You will not use the website to violate any person’s rights, including intellectual property, privacy, or confidentiality.
   • Independent Claims: If you have any claims or disputes with another user, you must handle them independently, without involving us.
   • Product Compatibility: It’s your responsibility to ensure that any products you buy from the website are compatible with your existing equipment.
   • Proper Installation: If our technicians install goods for you, it’s your responsibility to ensure proper installation.
   • Download Manuals/Drivers: You are responsible for downloading any necessary manuals, drivers, or software updates from the manufacturer.

8. Indemnity
   • Your Responsibility: You agree to take full responsibility and indemnify us (cover our costs) for any claims, damages, losses, or legal fees resulting from your breach of these conditions or your use of the website.

9. Limitation of Liability
   • Liability Cap: Our total liability for any claim related to this agreement will not exceed the price you paid for the goods.
   • No Limit for Personal Injury: We do not limit our liability for death or personal injury caused by our negligence or fraud.
   • No Responsibility for Indirect Losses: We are not responsible for indirect losses such as lost profits, data loss, property damage, or goodwill depletion resulting from your use of our services or goods, unless caused by our negligence.

10. Third-Party Links
    • External Links: We may provide links to other websites for added value. We are not responsible for the availability, content, or privacy practices of those websites, and we are not liable for any issues arising from your use of them.

11. Data Protection
    • Data Privacy: We are committed to safeguarding your personal information and comply with the General Data Protection Regulation (GDPR) and Maltese data protection laws.
    • Data Use: The personal data we collect (e.g., name, contact details, payment information) is used solely for processing your order and providing after-sales support. We do not share your data with third parties, except as required by law or to fulfill your order (e.g., with delivery partners).
    • Your Right: You have the right to access, correct, or request deletion of your personal data at any time. To exercise these rights, contact us at [sales(at)xpert.mt].
    • Data Security: In the event of a data breach, we will notify you and the relevant authorities in line with GDPR requirements.
    • Privacy Policy: For more details on how we use your personal data, please refer to our Privacy Policy, available on our website.

12. Applicable Law
    • Governing Law: These terms are governed by Maltese law, and any disputes will be handled by the courts in Malta. However, before resorting to litigation, both parties agree to attempt resolving disputes through good faith negotiations and alternative dispute resolution methods.
    • Alternative Dispute Resolution (ADR): In the event of a dispute, either party may request to pursue mediation or arbitration before initiating legal proceedings. We will cooperate in good faith to select a mutually agreed mediator or arbitrator. Any ADR process will be conducted in Malta, and the costs will be shared equally by both parties unless otherwise agreed.
    • Court Jurisdiction: If a dispute cannot be resolved through ADR, it will be subject to the exclusive jurisdiction of the Maltese courts.

13. Notices
    • How to Contact Us: You can send us notices by:

• • • Post: Xpert, Techstore Ltd, 97 Church Street, Tarxien.
    • Email: sales(at)xpert.mt
      We recommend sending letters via registered mail.

14. Entire Agreement
    • Complete Agreement: These conditions form the entire agreement between you and us, replacing any previous agreements or discussions. No oral explanations or information can change the meaning of these conditions.