Terms of Use

Last updated 25 March 2021

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Lovin Malta Ltd (the “Company“) concerning your access to and use of the https://theplantingauthority.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

The Site is a marketplace for independent third-party sellers (each a “Seller”) to sell products (the “Products”) to you.

Please note that although the Company provides the marketplace to help facilitate transactions, which are carried out through the Site, the Company is not a buyer, however may be a seller of the Products. Therefore, we recommend that before placing an order you make sure that you are happy with the Terms and the Seller you are dealing with as we cannot give any guarantee or warranty as to the Products supplied by the Seller.

Should you proceed to purchase a Product through the Site the contract is formed solely between you and the Seller (the “Contract”). The Company is not a party to that Contract, is not liable for the Contract or any claim or dispute arising out of or in connection with it nor is the Company acting as the Seller’s agent. Therefore, the Terms set out below apply to the Contract between you and the Seller and references in the Terms to “we”, “us” and “our” shall relate to the Seller.

A Contract will comprise of these Terms (and any other documents referred to therein).

The Terms (and the documents referred to in them) may be updated from time to time. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 15 November 2020.

Terms of Contract with Seller

These Terms will apply to any Contract between you and the Seller for the sale of Products to you. Please read these Terms carefully and make sure that you understand them, before ordering any Products from the Site. Please note that before placing an order you will be asked to agree to these Terms by checking the tick box before submitting your order. If you refuse to accept these Terms, you will not be able to order any Products from the Site.

You should print a copy of these Terms or save them to your computer for future reference.

These Terms, and any Contract between you and the Seller, are only in the English language.

Our Products

The images of the Products on the Site 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.

Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on the Site vary.

The packaging of the Products may vary from that shown on images on the Site.

All Products shown on the Site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will process a refund of the full amount to your payment card as soon as practicably possible.

Use Of This Site

Your use of the Site is governed by the Company’s Terms of Use. Please take the time to read this document as it includes important terms which apply to you.

In particular, you agree:

  1. to post or publish feedback on Sellers or Products which is honest, fair and factual; and
  2. to refrain from posting or publishing any content or materials which are libellous, slanderous, offensive, incorrect, misleading or inaccurate in any way

Due to the volume of Seller and Products on the Site we are unable to review all comments given in the feedback sections. Therefore, we ask you to let us know of any defamatory, illegal or offensive posts immediately by contacting us via email at [email protected] We will then review these and take the appropriate action.

You acknowledge and accept that your failure to use the Site in accordance with these Terms and any document referred to in these Terms may result in your access to the Site being blocked.


How We Use Your Personal Information

Your personal information will be used in accordance with the Company’s Privacy Policy. Please take the time to read this document, as it includes important terms which apply to you.

How The Contract Is Formed Between You And Us

Our order process allows you to check and amend any errors before submitting your order. Please take the time to read and check your order at each page of the order process.

After you place an order, you will receive an e-mail from us acknowledging that we have received your order (“Order Confirmation“). However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described hereunder. Without affecting your rights to return the Product(s) set out in these Terms, you can cancel your order for a Product at no cost to you at any time before we dispatch the Product(s) to you.

Without affecting your rights to return the Product(s) set out in these Terms, you can cancel your order for a Product at no cost to you within 30 (thirty) minutes of placing the order. Thereafter, a Cancellation request will be sent to the Seller for review. The Cancellation is at the Seller’s discretion – there is no guarantee that your order will be cancelled.

The Contract between us will only be formed when we dispatch your Product(s) to you.

If we are unable to supply you with a Product (for example because that Product is not in stock, no longer available or because of an error in the price on the Site, we will inform you of this by e-mail and we will process a refund of the full amount to your payment method as soon as practicably possible.

The Company’s Right To Vary These Terms

These Terms may be updated from time to time in the following circumstances:

  1. changes in how we accept payment from you; and
  2. changes in relevant laws and regulatory requirements.

Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.

Whenever we revise these Terms in accordance with this clause, we will keep you informed and give you notice of this by stating on the Site that these Terms have been amended.

Your Consumer Right Of Return And Refund

This clause only applies if you are a consumer.

As a consumer, you have legal rights in relation to Products that are faulty, of poor quality or not as described under the Consumer Affairs Act (Chapter 378 of the Laws of Malta). As such, the Product(s) must be:

  1. Of satisfactory quality – and therefore, not faulty or damaged;
  2. Fit for purpose – the Product(s) should be suited to the purpose they are supplied for;
  3. As described – the Product(s) must match the given description.

You have a legal right to cancel a Contract under the Consumer Rights Regulations (S.L. 378.17 of the Laws of Malta) during the period set out below. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from the Malta Competition and Consumer Affairs Authority.

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

  1. any products made to your specification, clearly personalised, custom-made or commissioned in any way;
  2. newspapers, periodicals or magazines;
  3. products sealed for health protection or hygiene purposes, once these have been unsealed after you received them;
  4. sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them;
  5. perishable goods. 

Your legal right to cancel a Contract starts from the date on which we dispatch the Product(s) to you, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of fourteen (14) days in which you may cancel, starting from the day after the day you receive the Product(s).

To cancel a Contract, please send an email to [email protected] stating the desire to cancel the order to begin the process. Your cancellation is effective from the date you submitted the cancellation via email.

You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 14 calendar days of the day on which you gave us notice of cancellation provided that we receive the returned Product(s) in the condition you received them/it in. If you returned the Products to us because they were faulty or mis-described, please see the clause hereunder.

If you have returned the Products to us under this clause  because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

We will refund you via the payment method used by you to pay within 14 days of you requesting the refund through the online system, provided that where you are due to return the Product(s) to us, you have done so within 14 days of the Seller requesting that you do so.

If the Products were delivered to you:

  1. you must return the Products to us as soon as reasonably practicable; 
  2. unless the Products are faulty or not as described you will be responsible for the cost of returning the Products to us. 

You have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.

As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause or these Terms. 

Delivery

Your order will be fulfilled by the estimated delivery date set out in the Order Confirmation by the Seller, unless there is an Event Outside Our Control. If the Seller is unable to meet the estimated delivery date because of an Event Outside Our Control, you may be contacted with a revised estimated delivery date.

Delivery will be completed when we deliver the Products to the address you gave us.

The Products will be your responsibility from the completion of delivery.

You own the Products once we have received payment in full, including all applicable delivery charges.

International Delivery

We deliver to the countries set out on the page (Delivery Destinations). 

If you order Products from the Site for delivery to a Delivery Destination which is outside of Malta, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination.

We require that the Seller is responsible for payment of any import duties and taxes for Product(s) delivered to Malta.

You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.

Price Of Products And Delivery Charges

The prices of the Products will be as quoted on the Site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause hereunder for what happens in this event.

Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with an Order Confirmation.

The price of a Product includes VAT (where relevant) at the applicable current rate chargeable in Malta for the time being.

The price of a Product does not include delivery charges. Our delivery charges are as quoted on the Site. 

The Site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on the Site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:

  1. where the Product’s correct price is less than the price stated on the Site, we will issue you with a refund for the difference between the price you paid and the actual price of the Product. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
  1. if the Product’s correct price is higher than the price stated on the Site, we will contact you by email as soon as possible to inform you of this error. We will then give you the option of cancelling your order or cancelling your order and continuing to purchase the Product at the correct price. 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 within 7 days, we will treat the order as cancelled and notify you in writing.

How To Pay

You can only pay for Products using your major debit or credit card through the Company’s online payment processing system. We accept the following cards: Visa/Visa Debit/Visa Electron. The currency displayed will always show in Euro (€).

Payment for the Products and all applicable delivery charges is in advance. After the payment is approved, we will dispatch your Products using the shipping method you selected on purchase.

Please note that your payment made through the Site will be received by the Company and not the Seller. These arrangements shall not affect any rights that you may have against us under these Terms.

Manufacturer Guarantees

Some of the Products we sell to you come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Products.

If you are a consumer, a manufacturer’s guarantee is in addition to your legal rights in relation to Products that are faulty or not as described. 

Our Role 

We allow third party sellers to list and sell their products on the Site. In each such case this is indicated on the respective product detail page. While the Company helps facilitate transactions that are carried out on the Site, the Company is neither the buyer nor the seller of the seller’s items. The Company provides a service for sellers and buyers to negotiate and complete transactions. Accordingly, the contract formed at the completion of a sale for these third party products is solely between buyer and seller. The Company is not a party to this contract nor assumes any responsibility arising out of or in connection with it nor is it the Seller’s agent. The Seller is responsible for the sale of the products and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between the buyer and the Seller.

Our Liability

Nothing in these Terms limit or exclude our liability for:

  1. death or personal injury caused by our negligence;
  2. fraud or fraudulent misrepresentation;

If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price paid for the Products.

Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, law, regulation, or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

Events Outside Of Our Control

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 an Event Outside Our Control. An Event Outside Our Control is defined below.

An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation, acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, pandemic, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

  1. we will contact you as soon as reasonably possible to notify you; and
  2. our obligations under a Contract will be suspended and the time for performance of our obligations will be extended 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.

Communications Between Us

When we refer, in these Terms, to “in writing”, this will include e-mail.

If you are a consumer:

To cancel a Contract in accordance with your legal right to do so, you must contact us in writing by sending an email to [email protected] You may wish to keep a copy of the cancellation notification which you submit for your own records. Your cancellation is effective from the date we receive the email. 

If you wish to contact us in writing for any other reason, such as giving feedback or making a complaint, you can send this to us by pre-paid post to ADD, Level 2, The Fort Hard Rocks Business Park, Triq Il-Burmarrad, In-Naxxar NXR 6345, Malta.

If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

Governing Law and Jurisdiction

These terms are governed by the laws of Malta and are subject to the exclusive jurisdiction of the Courts of Malta.