PURCHASE OF PRODUCTS – TERMS AND CONDITIONS
- This website is owned and operated by Mushroom and Mushroom. Throughout these Terms & Conditions, the terms “Mushroom and Mushroom”, “us”, “we”, “our” refer to Mushroom and Mushroom and its associated entities, and “you” refers to the individual accessing and making use of this website.
- These Terms & Conditions govern the relationship between you and Mushroom and Mushroom when you purchase a product from this website. There may be additional terms and conditions imposed by suppliers. It is your responsibility to review those terms prior to the purchase of a ticket.
“buyer” means the person buying a product from the website.
“event” means Santa’s World Malta, an event to be organised by the organiser involving but not limited to the creation of a Santa’s village at MFCC Grounds Ta’Qali over a number of days throughout the months of December 2022 and January 2023.
“organiser” means any company and individuals employed therein who are responsible for the organising and holding of the event.
“product” means any product purchased from this website, excluding the ticket to enter the event, for the purposes of being given to a child during the event.
- An order for purchase can be submitted on the website by completing the details required on the order summary page and clicking the send order button. The acceptance of any order for any of the products and/or services shall be at the entire discretion of the organiser. Once order is accepted by the organiser, an acceptance of the offer to purchase shall be received by email.
- All prices are reflected in Euro (€) and include VAT. Payment shall be accepted via credit or debit card. The organiser shall take all reasonable measures to ensure that details entered on the website are secure and shall not be held liable for any direct, indirect, incidental, special, consequential, or punitive damages, losses, costs or expenses nor for any loss of profit that the buyer may suffer if a third party obtains unauthorised access to any information provided by the buyer. In addition, no liability can be accepted by the organiser in respect of any changes made to the content of the online ordering application and/or process by unauthorized third parties. All express or implied warranties or representations are excluded to the maximum extent permitted according to the applicable law.
- Goods supplied are not for resale.
- The organiser is under no obligation to accept the buyer’s order but would normally do so where the product is available.
- The order reflects current pricing, at the time your credit card/debit card payment is approved by your credit card/debit card company.
- The pictures of the products are for presentation only. The ordered products may have differences (e.g., colour, form, etc.) towards the photos existing on the site. The organiser is not liable in any way if the description of products is not complete.
- Whilst the organiser will do its utmost to keep the website updated with regards availability of products, any products provided through the online ordering application are subject to availability and the organiser expressly excludes any warranties, conditions, representations, or other terms with respect to the online ordering or the content or products displayed on it, whether express or implied, unless expressly stated to the contrary.
- In the event that the organiser becomes aware that the product purchased is not available after the order is accepted, the organiser shall inform the buyer and refund any amounts already paid, if any.
PRODUCT PURPOSE AND DELIVERY
- Any product purchased through this website shall be for the purposes of the event. Therefore, any products bought shall be given to the children on the day of the event, according to the date the buyer selected to during the purchase of the toys process. In the event that the ticketholders are unable to attend the event, the toys bought can be picked up from organiser’s office at Mushroom and Mushroom, 52 Triq ix-Xwieni Marsa MRS 1065.
- In the event of a problem with the order the buyer shall contact the organiser on firstname.lastname@example.org.
- The products which are sold via this web site have been designed to comply with the statutory legal requirements and relevant safety standards of the European Union.
- The organiser shall acquire the products bought from different suppliers. In case, the product purchased is damaged, the buyer shall contact the supplier indicated on the invoice and shall be entitled to a refund or replacement according to the particular supplier’s policies.
- The ordering application on this website must only be used by persons over the age of eighteen (18) years or otherwise under the supervision of an adult or guardian.
- To the fullest extent permitted by law, the organiser excludes all liability arising out of its supply of the products and in particular shall not be responsible for any loss or damage, arising directly or indirectly out of or in connection with delay beyond the estimated delivery or pickup time; any circumstances over which the organiser had no control of the consequences and which the organiser could not avoid by the exercise of reasonable care, or any indirect or unforeseeable loss suffered.
- The Terms shall in all respects be governed by the laws of Malta and any disputes under these Terms shall be subject to the exclusive jurisdiction of the courts in Malta.
- If any provision of the Terms is deemed invalid or unenforceable, all or part of that provision will be severed from the Terms and will not affect the enforceability of the remaining provisions of the Terms.
- No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term or any other term. Any failure to assert any right under the Terms shall not constitute a waiver of such right.