Terms & Conditions



Important:
These terms and conditions govern your use of this site, and constitute an agreement between you and Cabouxon ("Retailer").  By using, viewing, transmitting, caching, storing and/or otherwise utilising this site, the services or functions offered hereon and/or the contents and information on this site, you agree to each and all of the terms and conditions set forth below, 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 the site and to leave immediately.  Periodic or continued users of this site are reminded that site usage following the posting of changes or amendments to this Agreement from time to time will imply that such changes or amendments are accepted by you.

Who We Are

The website and the services offered thereon are operated by Cabouxon Co. Ltd, a company registered in Malta with Company Registration Number C-48083.  Our registered address is Victor Azzopardi Establishment - 109 Off Mriehel By-Pass - Mriehel and our VAT Registration Number is 19540324  We may be contacted on telephone number +356 21385225, and email address info@cabouxon.com.

2.
Description of Service
www.cabouxon.com is the official web site for Cabouxon Ltd and amongst providing general information about the company's products and services it is also an on-line gift site providing visitors the facility of purchasing on-line gifts and items from a wedding/engagement/occasion gift list previously set-up in agreement between the Retailer and the List Holder.  All gifts or items purchased shall be delivered directly to the List Holder.

3. Purchases, Payment and Security

In order to purchase on line, you must enter your personal details when checking out on www.cabouxon.com.  It is incumbent on you to ensure that the details provided when checking out your purchase are correct for returns purposes.

Purchases on-line shall only be accepted against payment by credit or debit card.   All major credit cards and debit cards are accepted.

The Retailer uses a secure on-line payment gateway server managed and maintained by Apco Ltd.  Credit and Debit Card details are processed by Bank of Valletta plc.  No credit nor debit card details provided by yourself online via this website shall in any way be stored or processed by the Retailer.

You shall be charged the prices indicated on the website at the date the order is placed.  All prices displayed on the website are indicated in Euros and are inclusive of VAT, where applicable. 

Each purchase and all relative details shall be acknowledged to both yourself and the List Holder, via the supplied email. 

4. Delivery

Gifts and Items purchased on-line from this site shall be delivered by the Retailer on your behalf to the List Holder, at no extra charge.  Delivery dates and location are arranged in advance between the Retailer and the List Holder.  No guarantees are made by the Retailer to deliver the purchased gifts or items prior to the date of the wedding/engagement/occasion, though every effort will be made to do so.  The Retailer regrets that it cannot deliver gifts or items to any other address that you may request.

The Retailer endeavours to deliver gifts and items purchased on-line duly wrapped, though exceptions may be made where reasonable, particularly in view of the size or shape of the gift or item.  No charges shall be made by Retailer for wrapping services.

5. Cancellation/Return Policy

You may cancel anytime the purchase of any gift or item up to fifteen (15) calendar days after delivery of the said gift or item to the list holder, by contacting the Retailer, preferably in writing.

The Retailer shall refund any sums which you may have paid within thirty (30) calendar days.  The Retailer reserves the right to withhold any bank charges it incurs in connection with the cancelled purchase.

Where the gift/item has already been delivered to the list holder, you are to make immediate arrangements for the gifts/items to be returned in person to the Retailer.

Purchase of gifts or items made to specification or clearly personalised may not be cancelled.

Where any gift or item selected and purchased from a list is unavailable or for some reason beyond the control of the Retailer cannot be confirmed, the Retailer shall endeavour to replace the gift/item purchased with another gift/item from the same list to your satisfaction and with your consent.  In default the Retailer will refund the payment made.

6. Disclaimers

Whilst endeavouring to ensure that the information it provides on the website is correct, the Retailer makes no representations about the suitability, reliability, timeliness, comprehensiveness and accuracy of the information, services and other content contained on this Website.

The Retailer hereby warns that any measurements provided are approximate, and any reproduction of colours is as accurate as the photographic and production process will allow.

The Retailer reserves 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. The Retailer shall not be held liable for any such modification, discontinuance or termination.

The Retailer provides no further warranties other than the ones specifically agreed to in these terms and conditions.  All express, implied and statutory warranties on the part of the Retailer are hereby expressly disclaimed and limited to the fullest extent permitted by law.

The Retailer does not guarantee that the content and the provision of the content of this Website will always be correct or fault, error and virus free. Consequently the Retailer does not accept liability for incorrect content or errors and omissions in this Website or its content (whether of legal, typographical, technical or other nature) but endeavours to correct them as quickly as practicable.  The Retailer will also not be liable for any data lost or any equipment or software replaced as a result of use of this Website.

This website may contain links to electronic site of other entities or agencies.  These terms and conditions apply exclusively for the use of this website and not for such third party sites which are not covered by these terms and conditions. Upon linking to another web site, you are no longer on our web portal and you consequently become subject to the terms and conditions and policies of the newly acceded web site.  It is therefore advisable to check the conditions and policies of such sites before making any use thereof or providing any personal information.

7. Privacy Policy

We are committed to protecting our visitors privacy and we will not collect any personal information about you as a visitor unless you provide it voluntarily.  Any personal information you communicate to us is kept by Cabouxon Ltd Limited itself in accordance with the Data Protection Act, 2001 (Chapter 440 of the Laws of Malta).

(i) The Data Protection Act, 2001

The Data Protection Act, 2001 Chapter 440 of the Laws of Malta was enacted on the 14th December, 2001 and was brought into force in various stages as from 15th July, 2003.  Cabouxon Ltd therefore has a legal duty to respect and protect any personal information we collect from you and we will abide by such duty.  We take all safeguards that are necessary to prevent unauthorised access and will not pass on details collected from you as a visitor to any third party or Government entity unless you give us your consent to do so, and unless Cabouxon Limited is compelled to do so by law.  Further information on your data privacy rights are available and can be accessed from the web-site http://www.dataprotection.gov.mt

(ii) Information Collected

Contact or Feedback Information
When you fill the form on the "CONTACT US" page, the Retailer uses the personal information submitted in the form only to respond to your message.  This personal information will not be kept longer than necessary and will be deleted once the feedback requirement is met.

Setting up and Administering Account

The Retailer uses the information you provide in the required fields in order to process your registration, administer your account, verify your identity and provide you with the requested service.  This information will be stored by the Retailer.

No credit nor debit card details provided by yourself online via this website shall in any way be stored or processed by the Retailer.

The Retailer may from time to time use the information so stored in order to inform you by post, email or other available means about products, services, promotions and special offers offered by the said Retailer.  You may oppose at any point and at no cost, from being contacted by the Retailer for such purpose by simply sending an email to the Retailer on info@cabouxon.com.

In the event of queries regarding your purchase, the Retailer may contact you by telephone.

Web page Download Information
If you read or download information from this site, the following non-personal information is automatically collected and stored:
-Your server address
-Your top-level domain name (e.g. .org, .com, .net, .gov, .mt, .uk)
-The date and time you visited this site
-The pages of this site you accessed, and the documents you downloaded
-The previous site you visited
-The type of web browser you used
-The operating system of the machine running your web browser and the type and version of your web browser.


(iii) Disclosing information collected to third parties


The Retailer reserves the right to disclose your details to (i) its agents, or sub-contractors solely for the purpose of processing your order; and (ii) its consultants and service providers for the purpose of running of this website;

The Retailer shall also disclose to the List Holder such information as is necessary to identify you following a purchase of a gift or item selected from a given list, as well as details of the actual purchase.

The Retailer may use aggregate information and statistics for the purposes of monitoring usage of this Website in order to help it develop this Website and its services. These statistics will not include information that can be used to identify any individual. The Retailer reserves the right to pass on such information to reputable organisations for research or analysis purposes only.

In the event that the Retailer is sold to, or integrated, or enters into a partnership or management agreement with, third parties, then your details may be disclosed and passed on to such third party responsible for managing and administering this website.

Other than in circumstances abovementioned, or unless otherwise compelled to do so by law, the Retailer will only pass on your details to third parties, for marketing, research or other purposes, with your prior approval.  You may revoke such consent at any point and at no cost, by simply sending an email to the Retailer on info@cabouxon.com.

(iv)         Customer consent

By using this website, you consent to the information you provide being processed for any of the above purposes.

(v) Access to your information
You may request, at any point in time, to view any personal information about yourself which the Retailer may have collected and stored. 

Any inaccuracies in the information submitted may be corrected and where applicable erased, if deletion has not already taken place. 

8. Changes in Terms & Conditions

The Retailer reserves the right to modify these Terms & Conditions from time to time.  The Retailer shall notify any such changes via email.  Continued use of this website after notification shall be deemed to constitute acceptance to such alterations.

9. Applicable Law & Jurisdiction


This is a Maltese website and is subject to the laws of the Republic of Malta, and all disputes are subject to the exclusive jurisdiction of the Courts of Justice of Malta.

These Terms & Conditions constitute the entire agreement between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between the Retailer and you with respect to the subject matter hereof.

If you have questions about these Terms & Conditions of Use please send an e-mail to info@cabouxon.com