GENERAL TERMS AND CONDITIONS OF SALE

Premise

The following Terms and Conditions of Sale regulate the sale on this website “www.appytoys.com.mt” (Website). The seller is Theia Moira Ltd, with registered office in Sliema, Triq Il-Kullegg SLM1379 Malta, VAT number MT 21682832, (Seller).

Article 1. Application Scope

1.1 Any sale on the Website constitutes a distance contract governed by the law of Malta.

1.2 The General Terms and Conditions of Sale apply to all sales processed by the Seller on the Website. The terms are calculated only considering business days and excluding Saturdays, Sundays and public holidays.

1.3 General Sales Conditions can be changed and/or modified at any time. Eventual changes and/or new conditions will be valid starting from the date of their release on the Website. For this reason, before placing any order, the Users are kindly invited to regularly visit the website in order to read the most updated version of the General Sale Conditions.

1.4 The applicable General Terms and Conditions of Sale are those in force at the date on which a purchase order is placed.

1.5 These General Terms and Conditions of Sale do not regulate the sale of products and/or the supply of services by parties other than the Seller, available on the Website through links, banners or hyperlinks. Before engaging in commercial transactions with these parties, the User must check their conditions of sale. The Seller is not liable for the supply of services and/or the sale of products by these parties. The Seller does not carry out any control and/or monitoring of the websites that can be reached through these links. The Seller takes no responsibility for the contents of these Websites, nor for any possible mistakes and/or omissions and/or legal breaches by the said websites.

1.6 The User shall carefully read these General Terms and Conditions of Sale and all other information that the Seller provides on the Website, also during the purchase process.

1.7 The submission of the purchase order constitutes acceptance of these General Conditions of Sale.

Article 2. Purchasing through the Website

2.1 The purchase through the Website is allowed to the User who

• is a registered User of the Website;
• acts as both a consumer and a trader. A "consumer" is defined as a natural person who acts for purposes unrelated to any business, commercial, professional or craft activities that they may conduct. A "trader" is defined as a natural person who acts for purposes related to his/her business, commercial, professional or craft activities.

2.2 In the case of orders that are anomalous in relation to the quantity and/or frequency of purchases, the Seller reserves the right to take all necessary action to stop the irregularities.

2.3 The Seller reserves the right to refuse or cancel orders placed:

• by an User with whom the Seller is in dispute;
• by an User who has breached this General Terms and Conditions of Sale;
• by an User who has committed crimes;
• by an User who has sent false, incomplete or otherwise inaccurate personal data or who has not sent the Seller the required documents.

Article 3. Registering on the Website

3.1 To register on the Website, the User must fill out the registration form, by entering the following data:

• email;
• password.

3.2 The User undertakes to immediately inform the Seller if they have suspicions of or become aware of any illegal use or disclosure of said data.

3.3 The User hereby guarantees that the personal data provided during the registration procedure for the Website are complete and truthful and undertakes to indemnify and hold harmless the Seller against any losses, damages and/or liabilities deriving from and/or in any way connected to the breach by the user of the provisions concerning registration within the Website or the storage of registration credentials.

Article 4. Information Required for Entering into an Agreement

4.1  The Seller hereby informs the User that:

• to conclude the purchase agreement on the Website, the User must fill out an order form in electronic format and send it to the Seller electronically, by following the instructions that will appear from on the Website;
• the agreement is concluded when the order form reaches the server of the Seller;
• once the order form has been submitted, the Seller will send to the User, at the provided email address, an order confirmation containing the following:

• purchase descriptions;
• the relevant price.

Article 5. Product Availability

5.1 Product availability is constantly monitored and updated. Nevertheless, since the Website may be visited simultaneously by various Users, it is possible that more than one User purchases the same product at the same time. In these cases, the Product may appear as available for a short time, even though it is actually out of stock or momentarily unavailable, since restocking is necessary.

5.2 The Website contains information relating to the availability of each Product.

5.3 Should the Product be unavailable for the aforementioned reasons or in other cases of unexpected unavailability of the Product, without prejudice to any other legal rights of the User, the Seller will immediately inform the User. The User will therefore be entitled to terminate the agreement.

5.4 Alternatively and without prejudice to his/her rights, the User may accept:

• an extension of the delivery period;
• a product of equivalent or higher value (in this case, upon payment of the difference, and upon express acceptance of the user).

5.5 If a refund is requested for the amount paid for the purchase of Products that later proved to be unavailable, the Seller will refund in maximum 15 day.

5.6 If the User avails themselves of the right to terminate the agreement pursuant to Article 5.3, the purchase agreement will terminate. If the payment of the total sum due - given by the price of the Product, the delivery fees, if applicable, and any other additional cost resulting from the order (Total Sum Due) - has already been made, the Seller will refund the Total Sum Due according to Article "Payment Methods for Purchases Made through the Website".

Art. 6. Product Sheet

6.1 Each Product is accompanied by a product information sheet illustrating its main features (Product Sheet). The images and descriptions on the Website reproduce the features of the Products as faithfully as possible. However, the colours of the Products may differ from the actual ones due to the settings of the computer systems or the computers used to view them. Moreover, the images of the Product in the Product Sheet may differ in size or in relation to accessory products. These images must thus be understood as being approximate and implying commonly accepted tolerance thresholds. For the purposes of the sale of goods agreement, the description of the Product in the order form transmitted by the User shall be taken as the point of reference.

Article 7. Prices

7.1 All prices are VAT included.

7.2 The Seller hereby reserves the right to change the price at any time, without prior notice, it being understood that the price charged to the User shall be the one listed on the Website at the time the order is placed, and no fluctuations (increase or decrease) shall register subsequent to the transmission of said order.

7.3 The shipping costs, if any, are expressly and separately indicated in the order form, before the user proceeds to transmit the same.

Article 8. Purchase Orders

8.1 The Seller will deliver the Products only after receiving the confirmation of the successful payment of the Total Sum Due by the use. Ownership of the Products will be transferred to the User at the time of the delivery, understood as the time of delivery of the Product to the carrier. Any risk of loss or damage to the Product(s) which cannot be attributed to the Seller, will pass onto the User, once the latter or a third party designated by the User other than the courier materially gains possession of the Product(s).

The Service chosen by the User will be performed only after payment of the Total Amount Due. The Seller reserves the right not to provide the service if, after submitting your purchase order, it is established that the User has not paid all or part of the Total Amount Due.

8.2 The purchase contract is terminated subject to non-payment of the Total Amount Due. Unless otherwise agreed in writing with the User, the order will be cancelled accordingly.

8.3 In order to send a purchase order it is necessary to read and approve these General Terms and Conditions of Sale, clicking the relevant box on the pages of the purchase process. Failure to accept these General Terms and Conditions of Sale will make it impossible to make purchases on this Website.

8.4 Voucher/Gift certificate codes: each voucher code may only be used once. - - Only one voucher code can be redeemed per order. Vouchers can, however, be used in combination with credit from a gift card. Please check the expiry date of your voucher code

- Certain voucher codes cannot be used to purchase discounted items.

- Voucher codes may only be valid for particular products and categories.

- Voucher codes may have a minimum order value.

- If the User send Products back as Return & Exchange, we reserve the right to not renew the validity of he/her voucher code.

Article 9. Payment Methods for Purchases Made through the Website

9.1 The payment on the Website can be made by:

• Payment cards;
• PayPal.

9.2 The Seller accepts the following credit cards:

• VISA;
• MasterCard (Cirrus Maestro);
• American Express.

The credit cards accepted by the Seller are specified in the footer.

The User hereby authorises the storage of the inserted payment option details and their re-use for the payment of subsequent purchases on the Website, thus avoiding the need to insert such data at each purchase.

The charge will only be made after (i) the user’s payment card details used for payment have been verified and (ii) the issuer of the payment card used by the User has issued the authorization.

Pursuant to Directive 2015/2366/ (EU) on payment services in the internal market (PSD2), the User is informed that he/she may be required to complete the purchase process by meeting the authentication criteria required by the payment institution in charge of handling the online payment transaction. The authentication criteria refer to the identity of the User (to meet this criterion the User must be registered on the Website during the purchase transaction) and the contextual knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication). Failure to complete this procedure might make it impossible to finalize the purchase on the Website.

The confidential data of the payment card (card number, holder, expiry date, security code) are encrypted and transmitted directly to the relevant payment institution without passing through the servers used by the Seller. The Seller therefore never has access to and does not store the data of your payment card used to pay for the Products.

The charge of the Total Sum Due will only be made at the time of transmission of the order.

9.3 As for PayPal payments, the User will be redirected to the website www.paypal.com, where they shall make the payment on the basis of the prescribed procedure regulated by PayPal and the terms and conditions of the agreement agreed between the User and PayPal. The data inserted on the PayPal website will be processed directly by PayPal and will not be sent to or shared with the Seller. The Seller is thus unable to know, or memorise in any way, the credit card details linked to the User's PayPal account, or the details of any other form of payment linked to said account.

If payment is made through PayPal, the Total Sum Due will be charged by PayPal to the User's account at the same time as the conclusion of the online agreement. If the agreement is terminated, or in any other case of refund, for any reason, the amount of the refund due to the User shall be credited to the User's PayPal account. The term for crediting the sum on the payment tool linked to this account depends exclusively on PayPal and the bank system. Once the credit order has been arranged in favour of the said account, the Seller shall not be deemed liable for any delays or omissions in the crediting of the refund to the User. Any type of refund to be made pursuant to these General Terms and Conditions of Sale will be made to the User's PayPal account.

Art. 10. Product Delivery

10.1 There are no limitations to delivery, except in cases indicated on the Website and/or in the Product Sheet.

10.2 The expenses for delivery of the Products, which may vary according to the delivery procedure chosen by the User, and any other possible cost, will be borne by the User, except where otherwise stated in the Product Sheet or in other parts where this is communicated.

10.3 The ordered products will be shipped based on the country of delivery and the order value, according to the times and rates indicated in the following table.

Zone / Country	Shipping Rate / Delivery Time	Price (EUR)	Conditions of Purchase
Malta	FREE DELIVERY (5-7 Working Days)**	Gratis	From €0.00 to €58.99
	FREE DELIVERY (4-6 Working Days)**	Gratis	From €59.00
	DHL EXPRESS DELIVERY* (1-2 Working Days)	Upon Quotation	Contact Customer Care before to place the order.
Italy	FREE DELIVERY ( 24-48 Hours)	Gratis	From € 29.90
	STANDARD DELIVERY ( 24-48 Hours)	€ 4.90	From € 0.00 to  € 29.89
Europe Zone 1 - Austria, Croatia, France, Germany, Slovenia, Netherlands, Hungary	FREE DELIVERY (2-5 Working Days)	Gratis	From € 39.00
	STANDARD DELIVERY (2-4 Working Days)	€ 8.30	From € 0.00 to € 38.99
Europe Zone 2 - Czechia, Luxemburg, Spain, Belgium, Bulgaria, Poland	FREE DELIVERY (2-4 Working Days)	Gratis	From € 39.00
	STANDARD DELIVERY (2-4 Working Days)	€ 9.30	From € 0.00 to € 38.99
Europe Zone 3 - Portugal, Romania, Slovakia, Denmark, Greece	FREE DELIVERY ( 3-5 Working Days)	Gratis	From € 49.00
	STANDARD DELIVERY (2-4 Working Days)	€ 10.60	From € 0.00 to € 48.99
Europe Zone 4 - Sweden, Finland, Estonia, Latvia, Lithuania, Ireland	FREE DELIVERY ( 4-6 Working Days)	Gratis	From € 59.00
	STANDARD DELIVERY ( 2-4 Working Days)	€ 14.50	From € 0.00 to € 58.99
Europe Zone 5 - Switzerland	FREE DELIVERY ( 2-4 Working Days)	Gratis	From € 49.00
	STANDARD DELIVERY ( 2-4 Working Days)	€ 8.30	From € 0.00 to € 48.99
Europe Extra EU - United Kingdom	FREE DELIVERY ( 4-6 Working Days)	Gratis	From € 59.00
	STANDARD DELIVERY ( 4-6 Working Days)	€ 14.50	From € 0.00 to € 58.99

10.4 The User is asked to verify the conditions of the Product delivered. Without prejudice to the fact that the risk of loss of or damage to the Product, for reasons not attributable to the Seller, is transferred when the User, or a third party designated by the User and different from the carrier, physically take possession of the Product, the Seller suggests to the User to check the number of Products received and; the packaging is intact, undamaged, not wet or otherwise altered, even in the closing materials; also, the Seller suggests to the User to indicate on the carrier's transport document, any anomalies accepting, in the event, the package with reservation. In the event that the package shows obvious signs of tampering or alteration, it is advisable to promptly notify it to the Seller. In any case, the right of withdrawal (if any for the Product) and legal guarantee of conformity apply.

Article 11. Right of Withdrawal

11.1 The User - who acts as a consumer - has the right to withdraw from the sale of goods agreement for the Product without stating the reason and without incurring in additional costs and expenses other than those indicated in this article, within fourteen calendar day (Right of withdrawal). The withdrawal period (Withdrawal Period) expires after 14 days:

1. in case of a single Product order, from the day the User or a third party other than the carrier and designated by the User comes into material possession of the Product;
2. in case of a Multiple Order with separate deliveries, from the day the User or a third party other than the carrier and designated by the User comes into material possession of the Product delivered last; or
3. in case of an order related to the delivery of a Product of different batches or multiple pieces, from the day when the User or a third person, different from the carrier and elected by the User, acquires the physical possession of the last batch or the last piece.

11.2 To exercise the Right of withdrawal, the User must inform the Seller, prior to the expiry of the Withdrawal Period, of their decision to withdraw.

11.3 The User has exercised his/her Right of withdrawal within the Withdrawal Period, if the relevant communication is sent by the User before the expiry of the Withdrawal Period. This communication must be transmitted with the Section of the Website:

Return & Exchange

The Consumer shall obtain lasting means of storage for the communication related to the exercise of the Right of withdrawal, since the burden of proof concerning the exercise of this right before the expiry of the Withdrawal Period falls on the User.

11.4 If the User exercises the right of withdrawal, he/she will receive confirmation of acceptance of the Product from the Seller. The User will have the option to use a courier service of his/her choice and on his/her own expenses to return the Product to the Seller warehouse, which can be outside Malta, without undue delay and in any event within 14 calendar days from the date on which you informed the Seller of your decision to withdraw (Return Term). The Product, duly protected and packed and in its original packaging must be returned to the address indicated from the Seller in the confirmation of acceptance of the Product (the original packaging is always required if the serial numbers of the products are printed on it). The Product must be in brand new condition and show no signs of use of it with all original packaging and tags still attached. Original boxes and other containers  and components that products are sold in are considered part of the Product and must also be returned in undamaged and unused condition. We do not accept items that have been damaged by wear and tear, altered, or washed incorrectly. When trying items on, please be sure they do not come in contact with perfumes, sprays, creams, or other chemicals. Items returned without their branded packaging will not be accepted. Once your package reaches the warehouse, please allow 3 to 7 business days for the return to be processed. If the return does not meet the conditions listed, the package will be at the User’s disposal for 60 calendar days for the pick up at his/her expense. When your return has been accepted, a refund will be issued and the User will receive a confirmation email.

11.5 The User shall always pay for returns; the responsibility for the transport of the returned Products is his/her responsibility.
If the User has refused delivery of the order and the package is returned to the Seller, the User shall not be entitled to a full refund of the amount paid for the order. The Seller shall refund the total from which shall be deducted the transport costs incurred by the Seller, storage costs required by the courier and any handling costs.
If the User does not collect the parcel from customs or does not inform the courier or any third party involved in the order delivery process of the readiness to collect the order, once the parcel has been returned to the Seller, the Seller shall refund the total from which shall be deducted the transport costs incurred by the Seller, storage costs required by the courier and any handling costs.

11.6 If the User withdraws from the agreement, the Seller shall refund the Total Sum Due paid by the User for the Product, excluding delivery expenses, without undue delay and no later than 14 calendar days from the date on which the Seller warehouse received and checked the Product. The refund will occur by using the same payment method employed for the original transaction. In the event that the User has returned the Products using a carrier of their choice and at his/her costs, the Seller may suspend the reimbursement until receipt of the Products.

11.7 The User is responsible of the decrease in value of the goods due to a different use of the Product to the one necessary to establish the features and the Product functioning. In any case the Product must be kept, handled and inspected with the normal diligence and returned intact, complete in all its parts, fully functional, must include also all the accessories and the illustrative leaflets, the labels and the seal, if present, attached to the Product and intact and not tampered, and perfectly suitable for the use to which it is intended and free of signs of wear or dirt. The withdrawal is applied to the Product in its entirety. In this sense it cannot be exercised just for some parts and/or accessories (which don’t represent and are not autonomous products) of the Product.

11.8 In the event that the withdrawal has not been exercised in compliance with the provisions of the applicable legislation, it will not result in termination of the contract and, by consequence, will not create any right of reimbursement. The Seller will inform the User that the withdrawal request has been rejected  within 5 working days from the receipt  of the Product. If  the Product has already arrived back to the Seller warehouse, it will be at the User’s disposal for the pick up which will have to be on expenses and under responsibility of the User.

11.9 Gift voucher item returns: the User right to return an item is the same regardless of whether you bought it with a gift voucher, a payment card, or a combination of both. If the User paid for your whole order with a gift voucher, then the refund will be credited to his/her APPYTOYS account ready for he/she to spend straight away. If the User paid with a combination of gift voucher and another payment method, we will refund the alternative payment method first and then the remaining amount will be credited to his/her APPYTOYS account ready to be spent. Users's replacement gift voucher will have the same expiry date as he/she original gift voucher. The User cannot use a gift card to buy another gift card. The User can use his/her gift card only to shop on AppyToys.com.mt.

Article 12. Legal Guarantee of Conformity

All the Products sold on the Website are covered by the legal guarantee of conformity provided by applicable law (Legal Guarantee).

Article 13. Manufacturer's Standard Warranty

13.1 The products sold on the Website may, according to their nature, be covered by a standard warranty issued by the manufacturer (Conventional Warranty). The User may only assert their right to the warranty with the manufacturer. The duration, scope (including geographical scope), conditions and procedures, the types of damage/defects covered and the restrictions of the Standard Warranty are set by each manufacturer and are specified in the so-called warranty certificate contained in the product packaging.The Standard Warranty is elective by nature and does not add to, replace, restrict, prejudice or set aside the Legal Guarantee.

Article 14. Applicable Law and Jurisdiction; out-of-court settlement of disputes - Alternative Dispute Resolution/Online Dispute Resolution

14.1 The purchase contracts concluded between the User and the Seller are governed by the law of Malta. 

14.2 If the User is a "consumer", for any dispute concerning the application, execution and interpretation of these General Terms and Conditions of Sale, the Court is where he/she has the residence or the elected domicile. If the User is a “trader” for any dispute relating to the application, execution and interpretation of this document, the Court where the Seller has its registered office in accordance with the provisions of article 1 above shall have sole jurisdiction.

14.3 The Seller informs the User as an end consumer that, in case he/she has submitted a complaint directly to the Seller, as a result of which it was not possible to resolve the controversy that arose, the Seller will provide the informations concerning the organization of Alternative Dispute Resolution for the out-of-court resolution of disputes relating to obligations arising from a contract concluded in accordance with these General Sale Conditions, also specifying if it wants to use or not these organizations in order to solve the dispute.

Article 15. Customer Care and Complaints

You may request information, send communications, ask for assistance or submit complaints by contacting the Seller's Customer Service as follows:

• filling in and sending the contact request form available in the page "https://www.appytoys.com.mt/pages/contact".

The Seller will deal with complaints by replying within 5 days of receipt.