Terms and Conditions

User Terms and Conditions of Use

By entering this Internet Site https://thefirstyears.com.mt/ you are agreeing to be bound by The User Terms and Conditions of Use set forth below (the ‘Terms and Conditions’). If you do not agree to the following terms and conditions, do not use this site.

 

By entering this site you acknowledge and agree that this site will only be construed and evaluated according to Maltese Law. If you use this site from other locations you are responsible for compliance with any and all applicable local laws. The First Years Ltd makes no representations that the materials contained within this site are appropriate for locations outside the Maltese Islands. Any and all information contained in this site, including but not limited to information regarding products and services, applies only to those provided or offered within the Maltese Islands.

 

By entering this site you acknowledge and agree that your use is at your own risk and that none of the parties involved in creating, producing, or delivering this site is liable for any direct, incidental, consequential, indirect, or punitive damages, or any other losses, costs, or expenses of any kind (including legal fees, or other disbursements) which may arise, directly or indirectly, through the access to, use of, or browsing of this site or through your downloading of any materials, data, text, images, video or audio from this site, including but not limited to anything caused by any viruses, bugs, human action or inaction or any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures, or delays in computer transmissions or network connections.

 

Although the specifications, features, illustrations, equipment and other information contained are based upon up-to-date information, and while The First Years Ltd makes all reasonable efforts to ensure that all material on the site is correct, accuracy cannot be guaranteed and The First Years Ltd makes no warranties or representations as to its accuracy. All content information and materials contained in this site are provided to you ‘As Is’ without warranty of any kind, either express or implied, including, but not limited to, the implied warranty of merchantability, fitness for a particular purpose, title and non-infringement.

 

Do not post on this site, or transmit to this site, any pornographic, obscene, profane, defamatory, threatening, unlawful or other material which could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, promote the excessive or irresponsible consumption of alcohol, or otherwise violate any law or regulation. Notwithstanding the fact that The First Years Ltd or other parties involved in creating, producing or delivering this site, may monitor or review transmissions, posting discussions, or chats. The First Years Ltd and all parties involved in creating, producing or delivering this site, assume no responsibility or liability which may arise from the content thereof, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity, or misrepresentation.

By entering this site, you acknowledge and agree that any communication or material you transmit to this site or The First Years, in any manner and for any reason, will not be treated as confidential or proprietary, except as provided in our Privacy Policy below. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to The First Years Ltd may be used by the company anywhere, anytime, and for any reason whatsoever.

 

By entering this site, you acknowledge and agree that any name, logo, trademark, or service mark contained on this site is owned or licensed by The First Years Ltd and may not be used by you without prior written approval. The First Years Ltd will aggressively enforce its intellectual property rights to the full extent of the law. Sound, graphics, charts, text, video, information, or images of places or people are either the property of The First Years Ltd or used on this site with permission. Your use of any of these materials is prohibited unless specifically provided for on the site. Any unauthorized use of these materials may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy, and publicity rights.

 

Although this site may be linked to other sites, The First Years Ltd is not, directly or indirectly implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. By entering this site, you acknowledge and agree that The First Years Ltd has not reviewed all the sites linked to this site and is not responsible for the content of any off-site pages or any other site linked to this site. Your linking to any other off-site pages or other sites is at your own risk.

 

The First Years Ltd reserves the right to revise this legal information at any time and for any reason and reserves the right to make changes at any time, without notice or obligation, to any of the information contained on this site. By entering this site, you acknowledge and agree that you shall be bound by any such revisions. We suggest periodically visiting this page of the site to review these terms and conditions.

Ordering and Payments

The online ordering application is owned and operated by the licensor of the license agreement regarding the use of the application in order to order online.

 

The First Years Ltd is responsible for the transaction carried out on this website through the intended platform. If there are any issues with a payment please call The First Years on 00356 – 21437112 or tfy.hamrun@thefirstyears.com.mt. The First Years Ltd shall make all the necessary diligences to ensure that the information in relation with the online ordering is accurate and reliable. However, this cannot be infallible and errors may sometimes occur. You should take appropriate steps to verify all information in relation with the online ordering before using it.

 

To the maximum extent permitted according to the applicable law, The First Years Ltd disclaims any warranty or representation of any kind, whether express or implied, as to any matter whatsoever relating to the online ordering, including without limitation the availability of the online ordering application.

 

By ordering online, you acknowledge and agree that the use of the online ordering application and/or processes at your own risk and the maximum extent permitted according to the applicable law, in no circumstances, shall The First Years Ltd be liable for any direct, indirect, incidental, special, consequential, or punitive damages, losses, costs or expenses nor for any loss of profit that results from the use of, or inability to use this online ordering and/or any application and/or material on any site linked to this online ordering application (including but not limited to any viruses or any other errors or defects or failures in computer transmissions or network communications) even if The First Years have been advised of the possibility of such damage. In addition, no liability can be accepted by The First Years Ltd 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.

 

The online ordering application and/or process may include content, information or links to third party or sites. The First Years Ltd is not responsible for the content of any such sites or neither for the content of any third-party advertising or sponsorship nor for compliance of such with any regulations. The links may be accessed at the user’s own risk and The First Years makes no representations or warranties about the content, completeness, or accuracy of these links or the sites hyperlinked to this ordering online application. You agree to hold harmless and relieve The First Years from any liability whatsoever arising from your used of information from a third party or your use of any third-party website.

 

If you decide to order online using the online ordering application, you may be asked to provide full contact details and/or to create an account and you may need to accept cookies. must keep your data confidential and must not disclose it to anyone. TheFirst Years Ltd reserves the right to suspend the use of the online ordering application and/or process if you breach the Terms and Conditions.

 

You acknowledge and agree that all orders are treated as an express intention to purchase the nominated products and/or services for the agreed online prices and The First Years Ltd treat this as an binding offer from you to purchase such products and services. Any variations must be in writing, otherwise they will not be binding on either party.

 

The acceptance of any order for any of the products and/or services shall be at the entire discretion of The First Years. Our acceptance of an order may occur when you receive an on-screen message and/or email notification and/or an SMS, confirming your order.

 

The First Years reserves the right to refuse any service, terminate your access to the online ordering application and/or process, remove or edit any content or accept your order/s in its sole discretion and without prior notice to you.

 

The First Years’ online ordering application must only be used by persons over the age of eighteen (18) years, or the minimum legal age as permitted by the law or otherwise under the supervision of an adult or guardian.

 

Any products and/or services provided through the online ordering application are done so on an “as is” and “if available” basis and The First Years Ltd 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.

 

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 First Years is not liable in any way if the description of products is not complete. You can pay by any of the methods listed in our checkout screen. Please make sure that if your order is placed using a credit or debit card, the card is valid on the date of your order placement. The First Years Ltd may provide no refunds to the orders paid online. Contact the First Years Ltd directly to settle any payment dispute or refund.

Delivery

Order times:
Malta – Orders will be delivered within two working days
Gozo – Orders are done once a week

 

Delivery orders are also subject to:

i) A valid Malta or Gozo address;

ii) Your Order may be subject to a minimum amount per order; For orders Eur40 or over the delivery is free. For other orders a Eur5.00 charge will be added to your order.

 

We will aim to provide you with your ordered products as close as possible to your requested delivery/collection time but we cannot guarantee the delivery time in all the cases. Delivery time may be affected due to bad weather or traffic conditions. This is to ensure the safety of our riders. Delivery service may be temporarily unavailable in selected areas due to bad weather or unforeseen circumstances.

Acceptance of Goods

The Client agrees to accept delivery of the Products at the agreed time and place of delivery. The Client is obliged to inspect the goods upon delivery.  If damage or a fault is found, the delivery person is to be informed immediately so they get in touch with us, so we remedy the situation. If the buyer waives the right of inspection, the goods shall be deemed properly delivered and inspected and any subsequent complaints will not be taken into consideration. Risk in the products shall pass to the Client on delivery.

 

The First Years Ltd will not store any card information whatsoever and only using your card information to transfer your allocated funds to a PCI-DDS gateway.

 

This Terms and Conditions do not affect your statutory rights. To the fullest extent permitted by law, The First Years Ltd 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 First Years Ltd had no control of the consequences and which The First Years could not avoid by the exercise of reasonable care, or any indirect or unforeseeable loss suffered.

 

By accepting these terms, you understand and agree that, you are waiving your right to resolve and dispute with Baymedia Ltd through a Court of Law. You are also agreeing that any claim or dispute (whether in contract, tort, or otherwise) arising from or related to the online services or these terms will be resolved exclusively by final and binding arbitration in accordance with Part IV (Domestic Arbitration) of the Malta Arbitration Act, 1996 and the Arbitration Rules of the Malta Arbitration Centre as at present in force. The arbitrator’s deciwsion shall be based on these terms and in accordance with the laws in force in Malta from time to time. You and Baymedia Ltd empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms.

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