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Corporate

Terms & Conditions


About us

www.jmshopeasy.com is a Website operated by JM Operations (“JMOP”, “we” or “us”), a Maltese sole trader organization registered on Joseph Micallef and with registered offices at No.6, Tal-Barrani Road, Zejtun.

JMOP trades from its main store and warehouse premises located at No.6, Tal-Barrani Road, Zejtun, and is also offering its products for sale through its Website.

Terms of Sale for Online Purchases

 

Use of Site for Online Orders

 

1. These are the Terms and Conditions that apply when you are buying online products from jmshopeasy.com.  Please read these Terms and Conditions carefully before ordering any products from the Website, as they affect your rights and liabilities under the law.  They should be read in conjunction with the ‘Use of Website’ Terms and Conditions and our Privacy Notice.  You should understand that by ordering any of our products, you agree to be bound by these Terms and Conditions.  If you do not agree to these Terms and Conditions, then you may not order any products from this Website

2.  We reserve the right to amend these Terms and Conditions.  You are asked to check periodically for changes.  If we make any changes to these terms, we will let you know as soon as possible by posting the changes on our Website and updating the date below.  It is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.

3.  If you have any questions relating to these Terms and Conditions please call us on our landline 21663304 from Monday to Friday excluding public holidays between 8:00 and 16:00 or send us an email on info@jmshopeasy.com or Contact Us by using the form on our Website.

 

Registration

 

1.  You must be 18 years or over to buy any products on the Website.

2. To make an online purchase on the Website you will be required to Register as a Registered User of the Website after completing a one-time registration process.

3. You must read and accept these Terms and Conditions.

4. In order to complete full registration as a Registered User, you must provide us with all the mandatory contact details which we request from you.  You must give us your real contact details and make sure they are correct.  You must immediately update your personal details, such as your telephone number or email address, if there are any changes thereto.

5. It is important that you provide us with your email address (that is easily accessible by you) and your phone number so that we will be able to supply you with important information such as order confirmations. By registering on the Website to purchase our products online, you accept that your email address and phone number may be used to supply you with such information.

6. Registration data and certain other information about you is used in accordance with our Privacy Policy.  By using jmshopeasy.com, you acknowledge that you have read and understood our Privacy Policy .

7. When you register as a Registered User you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone.  You are and will be responsible for all orders that occur or are submitted under your password.  If you know or suspect that someone else knows your password, you should change the password immediately.

8. We reserve the right to decline a new registration or suspend or cancel your registration at any time and at our sole discretion and to terminate your access to all or part of this service with or without notice.

9. The suspension or cancellation of your registration and your right to use the Website shall not affect either party’s rights or liabilities.

10. When using our online service you accept the need to have your credit or debit card details registered with a third party payment processor before placing an order.  These details are not held by JMOP but are held in an encrypted form by the payment processor and will only be used for payment on account and/or payment of goods and services received by you using our online service.

 

Contract

 

1. After placing your order, you will receive an email confirming that your order has been received.  Your credit card or debit card will be charged through a third-party payment gateway system at the time of checkout.

2. All orders are subject to acceptance by JMOP by sending you an e-mail confirming that the order has been processed and accepted.  At this stage, the contract between us is formed.  If, for any reason, we will not be able to fulfil your order, we will inform you as soon as possible and provide you a full refund.

3. If you would like to contact us regarding an order, you may do so either by calling on our landline 21800908 from Monday to Friday excluding public holidays between 8:00 and 16:00 or by sending us an email on info@jmshopeasy.com or by completing the  Contact Us  form on our Website.

4. If you would like to cancel your order, you must inform us within 24 hours of placing your order. Orders cancelled after the 24 hours have elapsed will incur a 20% cancellation fee.

 

Prices, Charges and Payment

 

1. Prices include VAT but exclude delivery costs, which will be added to the total amount due before you place your order.  You are given the option of correcting any errors before you confirm your order to us.

2. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an order confirmation.

3.  You will be charged the marked price for weighted product, such as delicatessen products.  However, we would like to bring to your attention that for such products, the weight indicated on our  Website is an indicative weight and therefore, you agree that the weight of such product may vary.  This notwithstanding we promise to use our best endeavours to give you a product which will be as close as possible to the indicated weight. 

4. All payments for products shall be made in full at the time of placing the order and proceeding to checkout.  Payment must be made by credit or debit card through our third-party payment processor.

5. When you select the delivery option, a delivery fee of €5.00 (inc. VAT) is charged on every order under €50 made through our Website.  Delivery charge is removed to orders exceeding €50.

6. The products ordered through the Site shall be at your risk from the time of delivery. You, or someone aged 18 or over authorized by you, must be available to inspect the goods at the time of delivery.

 

Availability

 

1. If there are any products in your order which are not in stock, we will use our reasonable endeavors to contact you on the phone number you provided us.  In such circumstances we may provide you with any of the following options:

  1. To amend the order by cancelling the unavailable products,
  2. To add additional products to replace the unavailable items and re-send the updated order via email; or
  3. To cancel the order completely and allow a full refund.

2. If there are any products in your order which are not in stock and we do not manage to contact you, your order will be processed with only those products in stock.

3. If following the above, there is a difference in the total paid price (i) we will request your bank to release the funds due to you, which request will be processed within 10 working days in the case the overall price is lower than what you have already paid or (ii) you will be requested to accept the difference in total price through an email confirmation, if the price is higher.    

      

Delivery and Pick Up

 

1. While completing your order you will be requested to select whether you would like your order to be delivered to your chosen address or to be collected from our store.

2. ‘Pick up’ is available from our outlet situated in No.6, Tal-Barrani Road, Zejtun.  If you choose the ‘Pick up’ option, you will be requested to select your preferred time-slot within which you commit to collect your order.  You agree to collect your order at the time you selected when submitting your order. Orders are available for pick up between 9:00 and 19:30.

3. If the ‘delivery’ option is selected, we will deliver your order within three working days. Delivery is affected between Monday to Sunday. Consumers will be contacted by a member of our team prior delivery, to confirm that someone will be at home to receive the order.

4. Upon arrival to your chosen address, the delivery person or JMOP store manager will call you on the mobile number you provided us. If unsuccessful and you do not respond to the call your order will be cancelled and returned to JMOP.  In such event, JMOP will charge you for all related costs and expenses and will refund you the difference in 2-5 working days.

5. If JMOP fails to deliver the products, it has no liability for any failure to deliver the products to the extent that such failure is caused by a Force Majeure Event or the Customer’s failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the products.

6. Should the delivery being made be to a household that is currently under mandatory quarantine it is the consumers responsibility to inform us about this. In which case the delivered products will be left outside on the doorstep ensuring social distancing and protecting the health of our employees.

 

Risk and Title

 

1. The products ordered through the Site shall be at your risk from the time of delivery. You, or someone aged 18 or over authorized by you, must be available to inspect the goods at the time of delivery.

2. Ownership of the items will only pass to you when we receive the full payment of the sums due including delivery charges.

3. Food goods are supplied at the temperature appropriate to that food.  Goods will be delivered in good condition and we cannot accept responsibility where they have been inappropriately stored or handled following delivery to you. We will not be responsible for any loss or damage caused to the goods after delivery.

 

Return and Refund Policy

 

1. If you are contracting as a consumer, you may cancel a contract within 14 calendar days beginning on the day after you received the products by calling us on the number listed on the receipt which will be attached to your shopping bag. In such instances you must return the products to us without delay at the outlet listed on the same receipt in an unopened, unused and undamaged condition. You are responsible for paying the cost of returning the products.

2. You are responsible to provide us with proof of having purchased the goods online from our Website and that you have cancelled the sale within the 14-day time limit. We shall not accept returns, except upon presentation of the same receipt attached to your shopping bag.

3.  You have a legal obligation to take good care of the products while they are in your possession.

4. In the case of cancellation in terms of clauses 8.1 and 8.2 you will receive a full refund of the price paid for the products (please refer to clause 8.9 below).

5. Except where a Product is defective, you may not cancel a contract for the supply of any of the following:

  1. Sale of products that are perishable and therefore liable to deteriorate or expire rapidly, such as refrigerated products, frozen products, fresh foods etc.
  2. Sale of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
  3. Beverage products purchased in room temperature which have been then chilled after delivery by the customer.

6.  When you return a product to us because you have cancelled the contract between us within the 14-day cooling-off period referred to in clause 8.1 above, we will process the refund without undue delay upon receipt of goods.   In this case, we will refund the price of the Product in full, including the cost of sending the product to you. However, you will be responsible for the cost of returning the product to us.

7. When a product is defective or is past its sell date, we require photographic evidence from you to demonstrate that the product is indeed defective or past its sell date and to be sent to us upon delivery. The defective product is to be brought to JMOP outlet from where the product has been dispatched and which would be indicated on your receipt.

8. When you return a product to us because it is defective, we will examine the returned product and if we are satisfied that the product is defective or past its sell date, we will replace it or provide a credit note if the same product is not in stock.

9. When a product is missing at the time of collection or delivery, you shall promptly inform us and upon verification of same, we will refund in full the paid price of the missing product within 2-5 working days.  We will usually refund you any money in cash upon the presentation of your Identity Card at the JMOP outlet indicated on your receipt.

10. JMOP reserves the right to dispatch the product ordered by you through this Website, from any one of its outlets. You will find the details of the outlet from where your order is dispatched on the receipt attached to your shopping bag. 

 

Liability

 

Our liability for losses you suffer as a result of us breaking the Terms and Conditions is strictly limited to the purchase price of the product you purchased.

 

We are not responsible for indirect losses that you may suffer when buying our products online however arising and whether caused by tort (including negligence), breach of contract or otherwise.

 

Force Majeure Event

 

1.  We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event).

2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

  1. Strikes, lock-outs or other industrial action;
  2. An epidemic;
  3. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  4. Fire, explosion, storm, flood, earthquake, subsidence, or other natural disaster;
  5. Impossibility of the use motor transport;
  6. Impossibility of the use of public or private telecommunications networks, and
  7. The acts, decrees, legislation, regulations or restrictions of any government.

3. Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.

 

Written Communications

 

Where the law requires us to communicate with you in writing, we will do so by posting notices on our website or by email.  For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

 

Assignment

 

1. You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.

2. We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.

 

Law and jurisdiction

 

Contracts for the purchase of products through our Website will be governed by Maltese law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of Malta.