Terms and Conditions

ACCEPTANCE OF TERMS

These Terms and Conditions (Terms), including the Privacy Policy together with any other documents referred to in these provisions, provide information about us and the legal terms and conditions on which we sell goods and services (Products, Services) on https://charmingdiva.com website (Website, Site) to you (Contract). Any references in these Terms to we or us refers to Charming Diva, and any references to you refers to you, as the client.

 

We may update these Terms (and the documents referred to in them) and any aspect of the Service from time to time and will notify such changes to you by uploading details of them on the Site. You should review the Terms periodically for any changes. By using the Site you agree to be bound by these Terms. If you do not agree to these Terms then please do not use the Services or any part of them. These Terms and any Contract between us, are only in the English language. These Terms were most recently updated on August 2019

 

 

1. ABOUT US

This website www.charmingdiva.com is owned and operated by Charming Diva.

Our premises are: Charming Diva, Triq Tal-Fuklar, Attard ATD 2335

VAT Number: MT18056030 (Joseph Zammit)

Tel: +356 21423634

Mobile No: +356 99423634

Email: info@charmingdiva.com

 

 

2. GENERAL CONDITIONS

a.We accept orders from Malta and European Countries. For countries outside Malta shipping varies according to weight. We will send you shipping cost according to order.

b. Access to products is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide through the Site without notice. We will not be liable if for any reason any of the Services are unavailable at any time or for any period.

c. From time to time, we may restrict access to any or all of the Services, to users who have registered with us. Any personal data and other information provided by you is processed by us in accordance with our Privacy Policy. By providing any such personal data or other information you agree to the terms of our Privacy Policy.

d. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user accounts, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provision of these Terms.

e. It is your responsibility to ensure that all information (including your name and address) you upload to the Site, is correct and accurate. Ensure that you check all information before making a purchase.

f. We reserve the right to refuse service to anyone for any reason at any time.

g.You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

h. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or Products, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

i.  No part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

j. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

 

3. REGISTRATION

a. To register with the Website you must be over 18 years of age.

b. Each registration is for a single user only. We do not permit you to share your username and password with any other person nor with multiple users on a network.

c. Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.

d. We may suspend or cancel your registration immediately at our discretion or if you breach any of your obligations under these Terms.

 

 

4. HOW TO CONTACT US

a. If you wish to contact us for any reason, our contact details are as follows;

(i) Shop address: Charming Diva, Triq Tal-Fuklar, Attard, ATD 2335, Malta EU.

(ii) Telephone Numbers: +356 21423634 / +356 99423634

(iii) Email: info@charmingdiva.com

(iv) Facebook Messenger: facebook.com/CharmingDiva

(v) Our enquiry form at https://charmingdiva.com/contact-us/

b. IF we need to contact you, or give you notice in writing, we will do so by telephone, email or by post to the address you provide to us in your order. If you are emailing us or writing to us please include details of your order to help us to identify it.

c. Any references to “writing” or “written” in these Terms includes email.

 

 

5. CHANGING OR CANCELLING AN ORDER FOR PERSONALISED PRODUCTS

a. Once order for a Personalised Product is placed and ticked Disclaimer Button ( Please double check that your personalised order and wording is correct, as how it appears here will be how it appears on the final product, including spacing and punctuation.) order cannot be changed or cancelled.

b. Very important that you check spelling mistakes, punctuation, etc. as order will be processed as given.

A Disclaimer button with the below wording has to be ticked before order is placed in cart.

( Please double check that your personalised order and wording is correct, as how it appears here will be how it appears on the final product, including spacing and punctuation.)

c. If in the cart you notice that their is a spelling mistake after ticking Disclaimer you have to remove item from cart and redo order. We are not responsible for any mistakes which you fail to amend and you will not be entitled for a refund for mistakes done by yourself

6. YOUR CONSUMER RIGHTS OF RETURN AND REFUND

a. Consumers have a legal right to return an item unless it falls within the non-returnable items during the first 14 day period after pruchase. The 14-day period starts once you place your order, not when you receive the order. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Further advice about your legal right to cancel the Contract is available from Malta Competition and Consumer Affairs Authority (http://www.mccaa.org.mt/).

b. Non returnable items are items which are personalised such as, Personalised gifts, bookmarks, tags, Personalises souvenirs, invitations and any other accessories which are personalised and requested by clients.

c. However, this cancellation right does not apply in the case of:

(i) any Personalised Products that have been sent for production  – Personalised items cannot be returned or refunded, unless they are defected;

(ii) any perishable Products;

d. To cancel an order, you must contact us within 24hours of placing order by sending us an e-mail on info@charmingdiva.com or a message on our Facebook Chat (this does not apply for Personalised items which are sent to be processed as soon as order is placed.) Full name and Invoice number must be quoted for cancelling order.

e. If you cancel your order within the cancellation periods we will refund you the price you paid for the Products (excluding any applicable delivery charges). Please be aware that if you have ordered Products in accordance with a promotion or discount offer on our Website and your cancellation of part of that order means that you no longer qualify for that promotion, we may reduce your refund to reflect this;

f. If you have returned the Product to us because it is damaged or does not match its description, we will refund the price of the Product in full, together with any applicable delivery charges paid when purchasing the Product. All items are to be returned to’Charming Diva, Triq tal-Fuklar, Ħ’Attard, Malta, EU. You will be liable for any charges incurred in returning the goods to Charming Diva.

g. Our right to cancel

h. We reserve the right to cancel any order at any time and issue a full refund.

RETURN AND EXCHANGE POLICY

We will not accept any item which is given in a good condition to our clients and returned damaged, such as bad

1. Odours (heavy smoking, sweating, food odours etc..)

2. Stains (staining when trying item on such as food marks etc; this applies mainly for clothing items)
3. Items that we notice that it was used.
4. Any items which is damaged by client when used.

 

7. OUR PRODUCTS

a. The images of the Products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.

b. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our Website may vary from the specification set out in the order.

c. The packaging of the Products may vary from that shown on images on our Website.

d. Colour tones of products might vary from one item to the other due to the nature of the material.  These are not imperfections.

 

8. CLOTHING AND FASHION JEWELLERY

a. When trying on any Products which are clothing, please ensure that you are not wearing perfume / aftershave or a deodorant which may leave a scent or marks on the Product. This also applies that item not tried on with dirty hands such as chocolates, food or other items which might damage the product. We will be unable to accept the return of any Product where there is evidence that these instructions have not been followed. The Product should be returned with its original packaging.

 

 

9. HOW WE USE YOUR PERSONAL INFORMATION

a. We only use your personal information in accordance to our Privacy Policy. Please make sure to read our Privacy Policy, as it includes important terms.

 

 

10. LEGAL REQUIREMENTS TO ORDER FROM US

a. If we discover that your are not legally entitled to certain Products, we reserve the right to cancel your order and will not be obliged to complete the order. We also reserve the right to cancel your account facilities immediately.

 

11. ORDERING FROM US

a. When making an order through our Website, the web pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each webpage of the order process.

b. You are deemed to place an order with us by ordering any of the Products which we sell by following the steps on our web pages and entering your payment details. We will then send you an email acknowledging that we have received your order, which details the Products you have ordered. However, this does not mean that your order has been accepted by us.

c. Our acceptance of an order takes place when we send you an email confirming that the order has been processed. The Contract between us will only be formed when we send you the confirmation status, even if your payment has been processed at an earlier stage, unless we have notified you that we do not accept your order or you have cancelled your order. However, in limited circumstances we may be unable to provide you with a confirmation.

d. If we are unable to accept your order, for example because a Product is out of stock or no longer available or we cannot meet your requested delivery date or there was an error in price on our Website, we will inform you of this by email and we will not continue to process your order. If you have already paid for your order, we will refund you the full amount including any delivery costs charged as soon as is reasonably possible. For the avoidance of doubt, if there are two or more Products in your order and one or more of those Products is delivered, we will not refund the delivery charge. We will only refund the delivery charge if we are unable to accept your order as a whole and no Products are delivered to you at all.

Example; if you have ordered two items and none is in stock, we will refund the full delivery charge. If two items are ordered and one is out of stock, one delivered, the delivery charge is still applicable as delivery is still done.

e. Cart will give you a options if you would like to be delivered or picked up from our premesis in Attard. Our delivery charge are the below;

Deliveries are available at a Euro 6.00 charge.

For delivery in Europe contact us for a quote.

 

We may refuse to accept an order:

(a) when Products are not available;

(b) when we cannot obtain authorisation for your payment;

(c) if there has been a pricing or product description error we will contact you about price error, then you decide if you would like to proceed or no;

(d) if we cannot meet your requested delivery date;

(e) if you do not meet any eligibility criteria set out in these Terms;

f. We reserve the right to brand all of our Personalised Products.

 

 

12. OUR RIGHT TO MAKE CHANGES TO THESE TERMS

a. We may amend these Terms at any time by updating this webpage. Before ordering please check terms and conditions.

b. Every time you place an order with us the Terms on our Website, being those in force at the time of your order, will apply to the order between you and us.

 

 

13. DELIVERY AND COLLECTION OF ITEMS.

a. The Delivery dates marked on each Product page are an indication only.We will notify client of any delays. If product is delayed for more than 6 weeks client has the option to cancel the order. Client can also cancel the order if you told us before we accepted your order that delivery within the delivery period was essential 

eg: we agreed that you needed an item by a certain day and eventually item is not restocked by that date.

b. We will deliver the Products ordered by you to the address which you give for delivery when you make your order. You may specify a delivery address which is different from your billing address, if, for example, you would like us to deliver the Products directly to a friend, a relative, or to your place of work.

c. If any of the details you have given us in your delivery address are incorrect, we accept no liability for any items which have not been received.

d. If no one is available at the delivery address given to accept the delivery, our courier will contact you on mobile phone. Options are either he can leave items with a person of your trust (eg a neighbour), reshedule another delivery (additional charge applies) or collect your Products from our premises. No refund for delivery charge as the delivery person tried to deliver.

e. Delivery of an order shall be completed when we deliver the Products to the delivery address given in the order process, or to any other location nominated by you. Once order is delivered in good condition, we are not responsable for any damaged occured after product delivered.

f. If you do not wish to cancel your order straight away, or do not have the right to do so, you can contact us to give us a new reasonable deadline for delivery. If we fail to meet this new deadline, which must be reasonable, you may cancel your order. Both us at Charming Diva and client has to agree on the new date.

g. Our premises are open by appointments, we will send you the schedule  of our opening hours via Email, SMS or Facebook message when products are at the shop. 

h. Though you are notified of the day of delivery we cannot guarantee a delivery timing

Pickup from Charming Diva

i. You may choose to pickup your order yourself, rather than opting for delivery. Pickup is subject to the following:

(a) Pickups are available only once you’ve received a notification that your order is ready to be collected. Notifications are sent via Email or SMS.

(b) Since our premesis is opened by appointment kindly check our opening hours of that particular week you want to collect item.

(c) If items are not collected and we do not receive a reply either by Email or SMS, a second notification 3 weeks after first notification (usually a call) will follow to confirm that first notification was received.

j. Items (both personalised and not personalised) that are not collected from our premesis within 3 months of first notification that order is ready to collect that we send via Email, sms or Facebook message, we send a final notification 2 weeks before the final date that the items will be removed from the shop and considered as order being cancelled by client (You are not entitled for a refund)

 

 

14.  PRICE OF PRODUCTS

a. The price of the Products will be the price indicated on the order webpages when an order is placed. We will take all reasonable care to ensure that the price advised to you is correct.

b. All prices are marked in Euro (€) and inclusive of VAT (where applicable) at the current rates. 

c. Our Website contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our Website may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. The final price will be the actual price.

d. Prices are liable to change at any time, but changes will not affect orders in respect of which you have already paid.

 

 

15. DISCOUNTS AND PROMO CODES

a. Periodically will have special offers. If item is on special offer the total in cart will display according ie. amount will be deducted automatically. 

b. If during a month will have a particular promo code it will show on our banner (home page) for your easy referrance. If order is processed without a promo code unfortunately we cannot refund the difference.  Promo codes cannot be used in conjunction with other offers ie. Special offer items, and a minimum spent might apply. Promo code does not apply on delivery charges.

16. SERVICE ACCESS

a. While we to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.

b. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

17. YOUR MATERIAL AND CONDUCT

a. We reserve the right to refuse to process any order that may cause offence or distress to others and in such a case we will refund any payment made. We will not be responsible for any copyright infringement by the customer.

b. We will not be responsible or liable to you for any loss of material uploaded or transmitted through our Website.

c. You are prohibited from posting, creating or transmitting to or from this Website any material:

(i) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence or in breach of privacy;

(ii) for which you have not obtained all necessary licences and/or approvals;

(iii) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in Malta or any other country in the world; or

(iiii) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

d. We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of the clauses of above.

 

 

 

18. DISCLAIMER

a. While we try to input the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the Products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.

 

19. EVENTS OUTSIDE OUR CONTROL

a. If an Event Outside Our Control might delay the production or completion of order

(i) we will contact you as soon as reasonably possible to notify you; and

(ii) our obligations under a Contract will be suspended and the time for performance of our obligations will be suspended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

b. You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us via Email. 

 

 

20. MISCELLANEOUS

a. All rights reserved No parts of this website may be reproduced in any form or transmitted to any person without the prior written consent from us. Please contact us on info@charmingdiva.com with any requests.