E-NIC Ltd. General Terms and Conditions for Purchase
(JG/2021 07 30)
The Terms and Conditions relate to the purchasing of Products sold direct via E-NIC Ltd. Retail Store or via Online Shop. Operations works from 134, Ix-Xatt Ta’Xbiex, XBX 1028 Ta’Xbiex, Malta. VAT-No: MT28013807, Company Reg. No. C98298.

1. Age Restriction
E-NIC Ltd consistently adheres to the legal age restrictions in the sale of its products and will not sell any age restriction products to anyone in Malta who are under 18 years of age. By ordering these products, the customer confirms that they are at least 18 years old. If the buyer purchases age-restricted products, the recipient must also be over 18 years of age. If our team has any doubts about the age of the recipient on a purchase, they will request a copy of the ID. If the customer cannot send a copy of a valid ID, the goods will not be sold and will not be handed over.
Selling age-restricted products to buyers outside of Malta is only permitted if the person is of the legal age to purchase these products in the country of order.

2. Prices and Taxes
Prices of Products are quoted in EURO and are inclusive Maltese Value Added Tax (VAT) of 18%.
The prices quoted on our Websites but also in the Retail Store are non-binding offers, which only then apply to E-NIC Ltd. become binding when E-NIC Ltd. concludes a binding contract with the Buyer for the purchase.
The prices payable are clearly visible on the website. If, by mistake, an product has been under or overpriced, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or of cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel your order due to an inaccuracy in the price on our web site and you have already paid for the product, you will receive a full refund.

3. Delivery
E-NIC Ltd. sends the products to delivery addresses within Malta and Gozo and, on special request, also abroad.
Within Malta, E-NIC Ltd. delivers the products within 6 working days.
E-NIC Ltd, Rhine Wine Store delivers in Malta and Gozo and on special request also abroad. From an order value of 150,- € the delivery in Malta and Gozo is free of shipping costs. Small orders of one bottle or more are handled in Malta via the delivery service and its conditions. Here our partners Wolt and Bolt are at your disposal. Please place your orders most easily via the websites of Bolt and Wolt. The minimum delivery cost for orders placed through our website is € 6,00 per bottle within a radius of 10km from our location in Ta` Xbiex.
With the purchase of any product, the responsibility for the product is transferred to the Buyer.
For more information on deliveries, please contact E-NIC Ltd. Sales office.

4. Ability to Deliver
All products on E-NIC Ltd.`s website can only be delivered if they are available. E-NIC Ltd. tries to have an adequate supply of products, but cannot rule out the possibility that special products or the entire supply may be sold out due to strong demand. E-NIC Ltd. will try to get the offered products new or to get alternative products of the same quality at short notice. In no event E-NIC Ltd is responsible for the lack of availability of the products.

5. Order process and Conclusion of Contract in case of Online Purchase
Products offered in the Online Shop do not constitute a binding offer by E-NIC Ltd. With the order, the Buyer makes a binding offer to E-NIC Ltd. from entering into a contract with E-NIC Ltd. close. Receipt of the order is handled by E-NIC Ltd. confirmed by email. This is not yet the acceptance of the contract by E-NIC Ltd., but merely information that the order has been received. A purchase contract is only concluded when the ordered product is delivered.
The ordering process comprises a total of 5 steps. In the first step, as a customer, you select the desired products from the “shop” and place them in the “Shopping Basket”. In the second step you go to the “checkout”. Here you can register or continue shopping as a guest. In the next step, enter your billing address, here you can also enter a different delivery address. In the third step, you can specify the type of dispatch. In the fourth step, you choose how you want to pay. In the fifth and last step you will receive an order overview. Here you have the option of going back to the shopping cart and making corrections. After confirming the terms and conditions and the cancellation policy, you can place your order by clicking on “Order”.

6. Articles not available
If we do not accept an order because, as an exception, an item you have ordered is no longer available, we will inform you of this immediately. In this case, we will reimburse you for payments made.

7. Payment Options
As a Buyer, you have the option of paying for the goods by PayPal or by credit card / giro card. In store, E-NIC Ltd accepts cash payment.
For a payment via PayPal you need a corresponding PayPal account. When paying by PayPal, you must provide your PayPal details. Your PayPal account and ultimately your bank or credit card account will then be debited with the purchase price.
When paying by debit card or credit card, please enter the data requested during the payment process.

8. Time of Payment / Invoicing
Payments are to be made in any case before handover or delivery of the Water Sports Equipment.
Invoices are issued by E-NIC Ltd. in electronic form. With the conclusion of the contract, the Buyer agrees to accept invoices in electronic form.

9. Retention of Title
E-NIC Ltd. retains ownership of the delivered item until all claims from the sales contract have been paid in full.
The Buyer hereby assigns to the Seller all claims arising from the resale of the object of purchase delivered under retention of title.

10. Representations and Warranties
E-NIC Ltd. represents to the Buyer that E-NIC Ltd. has no knowledge of hidden defects in or to the product of purchase, and believes to the best of his knowledge that the product of purchase being sold is in good condition.
E-NIC Ltd. represents that he has good title to the product of purchase, has full authority to sell or transfer same, and that the product of purchase being sold is free and clear of all liens, encumbrances, liabilities and adverse claims of every nature and description.
E-NIC-ltd. warrants the product of purchase for the legal period following the transfer thereof against defects, except for defects resulting from ordinary wear and tear and/or caused by the intentional or negligent acts of the Buyer.
Upon justified objections, the Buyer shall have the right to claim a reduction in the purchase price. The Buyer shall not be entitled to any further rights or remedies, unless the product of purchase lacks a characteristic that E-NIC Ltd. has expressly guaranteed.

11. Liability for Defects
E-NIC Ltd. is liable in accordance with the statutory provisions if the Buyer asserts claims for damages based on intent or gross negligence on the part of E-NIC Ltd . – including the intent or gross negligence of its representatives or vicarious agents. If no intentional breach of contract is accused, the liability for damages is limited to the foreseeable, typically occurring damage. E-NIC Ltd. is liable according to the legal regulations, provided that E-NIC Ltd. has culpably violated an essential contractual obligation; in this case, however, liability is limited to the foreseeable, typically occurring damage. In the event of death, injury to health or the body, E-NIC Ltd. is liable. according to the legal regulations. As far as E-NIC Ltd. are not liable according to the preceding sentences, E-NIC Ltd.`s liability for a defect in the purchased item is excluded.

12. Use of the Product by the Buyer
The Buyer must notify apparent defects in the product of purchase immediately to E-NIC Ltd..
The Buyer of the product is responsible for the correct application and use of the product. In the case of water sports equipment, proper maintenance of the equipment must also be carried out correctly and in accordance with regulations.
For the intended use of technical devices, e.g. for water sports equipment, the Buyer receives an instruction manual supplied with the product. The Buyer is responsible for ensuring that the instruction manual are read and understood before using the product for the first time. If anything is unclear, it is the responsibility of the Buyer to clarify any open questions.

13. Right of Withdrawal
The Buyer has the statutory right of withdrawal. A corresponding instruction is available under Cancellation Policy.

14. Disputes
E-NIC Ltd. is neither willing nor obliged to participate in a dispute settlement procedure. The European Commission provides a platform for online dispute resolution (OS) in accordance with Art. 14 Para. 1 ODR-VO, which can be found at https://ec.europa.eu/consumers/odr/.
The goal of E-NIC Ltd. is to surpass the services offered. If the Buyer who is using a service or buys Water Sports Equipment that E-NIC Ltd. offers, is not satisfied, E-NIC Ltd. asks to contact E-NIC Ltd. directly to contact and E-NIC-Ltd. will do everything possible to resolve the dissatisfaction directly. In the event that a dispute is not resolved amicably, it is agreed that the Maltese Chamber of Advocates will appoint an Arbitrator whose decision will be final.

15. Provisions
Maltese law applies. The place of jurisdiction is Valetta
The place of performance for delivery is the registered address of E-NIC Ltd inTa`Xbiex.
The invalidity of any provision of this General Terms and Conditions does not affect the remaining validity of the contract and the other provisions.

E-NIC Ltd.