Welcome to the website of Fodha Building Solutions Ltd., authorised distributors for finishing materials of brands Deutschcolor and DAST. Fodha provides this Site as a service to its customers. Please review the following basic rules that govern your usage of the Site. If you disagree with any part of these terms and conditions, please do not use our website.
The term ‘Fodha’ or ‘us’ or ‘we’ refers to Fodha Building Solutions Ltd. as the owner of the website whose registered office is OneOneO, Pitkali Road, Attard and whose place of business is 87 Qormi Road, Santa Venera. The term ‘you’ refers to the user or viewer of our website.
Fodha may revise this Agreement at any time so you should visit this page periodically to review the terms of your usage.
Site Contents
Occasionally there may be information on this website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We apologize for any inconvenience this may cause.
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Fodha. The Site as a whole is protected by copyright, all worldwide rights, titles and interests in and to which are owned by Fodha. Fodha and our other trademarks appearing on this Site are the trademarks of the company itself or its parent, Famalco Holdings Limited.
This Site and all its Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software.
User comments, feedback, postcards and other submissions
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Fodha on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) shall be and remain Fodha’ property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Fodha of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Fodha will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Fodha is and shall be under no obligation:
- to maintain any Comments in confidence;
- to pay compensation to any user for any Comments; or
- to respond to any user Comments.
You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right (s). You further agree that no Comments submitted by you to the Site will be or contain libellous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
Colours
We have made every effort to display as accurately as possible the colours of our products that appear on the Site. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate.
Disclaimer
Fodha provides the materials on this site “as is” without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Fodha expressly disclaims any duty to update or revise the materials on this site, although Fodha may modify the materials at any time without notice. By your use of this site, you acknowledge that your use is at your sole risk and that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this site. You further acknowledge that Fodha shall not be liable for any damages of any kind related to your use of this site.
All contributions made to this website in written, photographic or other forms will become the sole property of Fodha. Consequently, Fodha will hold the right to use the same in any manner deemed fit, online or offline.
Indemnification
You agree to defend, indemnify and hold Fodha harmless from and against any and all claims, damages, costs and expenses, including legal fees, arising from or related to your use of the Site.
The Courts of Malta shall have jurisdiction over all disputes arising out of or in respect of this Agreement.
TERMS OF SALE
Purchasing
When you make a purchase of any Product via our website www.fodha.mt, you enter into a legally binding agreement with us, Fodha Building Solutions Limited a company registered in Malta bearing company number C93312 and having its registered address at OneOneO, Pitkali Road, Attard, Malta, Europe, Telephone Number +356 2339 2339, Email address [email protected], and this on the below Terms and Conditions of purchase. You should understand that by ordering any of our Products, you agree to all these Terms and Conditions.
All orders placed through our website are subject to acceptance by us. After placing an order, we will confirm acceptance of your submitted Order by sending you an e-mail with the Order Confirmation. The order may be accepted or refused within 4 working days of the making of the request. Should the order be refused, any deposit paid shall be returned to you.
When placing an order, you explicitly acknowledge that this implies an obligation to pay.
The contract will relate only to those Products whose order we have confirmed in the Order Confirmation. We are not obliged to supply any further Products which may have been part of your Order until it has been confirmed in a separate Order Confirmation.
Delivery, Price and Payment
Products will be at your risk from the time of confirmation of the order.
Ownership of the Product(s) will only pass to you when we receive full payment of all sums due in respect of the Products, including any delivery charges that may be applicable.
The price of any Products will be as quoted on our Website from time to time, except in cases of obvious error.
These prices include VAT but exclude any Delivery Costs that may occur. Any Delivery Costs will be added to the Total Amount Due for the Product(s).
Prices are liable to change at any time, but changes will not affect any Orders that have already been confirmed through the Order Confirmation email sent to the customer.
Our website contains a number of products, so, therefore, it is always possible that, despite our best intentions, some of the products listed on our website may be incorrectly priced or marked as “In Stock” when they are no longer available. We will normally verify prices as part of our dispatch procedures so that, where a product’s correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on our Website, we will at our discretion, either contact you for instructions before dispatching the Product or reject your order and notify you accordingly.
We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing.
We will only accept orders for items which are currently showing as “In Stock” on our website when you place your order. In the event that a Product is listed as being “In Stock” but is found to be of unsatisfactory quality at the time of intended dispatch, we will notify you immediately. If for any reason we are unable to fulfil your Order within 30 days, the Order shall be terminated and can be replaced at any time.
Notwithstanding any other rights we may have (which are specifically reserved), in the event that we are unable to take full payment of the products from your specified account, we reserve the right to cancel the Contract forthwith or to suspend any pending deliveries to you.
All reasonable care is taken by us to ensure all information provided by you in connection with your order is kept secure. In the event that you may suffer loss through third parties’ unauthorised access to any data you provide to us when accessing and ordering from our website, we cannot be held liable for that loss unless it is solely due to our negligence.
Delivery
Deliveries within Malta are made Monday to Saturday. Pickup is available from our Santa Venera store from Monday to Saturday. Full opening times are listed on our Contact page.
Standard delivery is 2 to 7 Working Days. We always aim to meet our delivery times, but no guarantee can be made. This may be for reasons beyond our control. Large Orders and heavier items may also take longer to deliver.
All Delivery Costs are inclusive of VAT unless otherwise stated.
- Delivery in Malta is free of charge for purchases over €100;
- Delivery Cost Charges of €10 will be applied for orders lower than the stated above;
- Delivery Cost Charges of €15 for Orders delivered to Gozo.
Cancellation, Return, and Refund of An Order
We do not offer cancellations once the order has been processed. As such, please be advised to check your order to the best of your ability, and to avoid any wrong information being sent to us.
We will not accept any refunds, nor offer any exchange and no cooling-off period shall be applicable:
- for any purchase where the price does not exceed thirty euros (€30);
- for the supply of goods made to the specifications of the consumer or where these are clearly personalised;
- where the supply is of sealed goods which are not suitable for return due to health protection and were unsealed after delivery;
Where the sale does not fall under any of the situations indicated above, you shall be entitled to a 14-day cooling-off period, which commences on the day when you take delivery of the Order. During this period, you may cancel the sale by informing us in writing at the above-mentioned email address. In such an event, you will have to return all the unwanted items to us. No refunds will be given unless all the unwanted items are returned to us.
You may opt to return the item to us yourself or if you so wish we can collect the unwanted items from you at a cost of fifteen euros (€15) per order. These costs will be deducted from the sums that would be otherwise due to you.
Unwanted items must be returned in their original packaging and in new condition. You are responsible to take all necessary precautions so that the item does not get damaged on its way to us. If a product gets damaged because it was not packaged properly, you will be charged for the damages caused and any sums due to us for items that would have been so damaged will be deducted from the sums that would otherwise be due to you.
In the event that you opt to cancel the sale within the cooling-off period, you will be entitled to be refunded the cost of the order together with the standard delivery of the item. You will not be refunded for costs incurred for more expedited delivery options.
Refunds will be paid within 14 days from when we receive the unwanted items from you.
You will not be entitled to cancel the sale and request a refund after the cooling-off period has expired.
Privacy and Security
Subject to the terms of our Privacy Policy and these Terms and Conditions, we do not pass on any email address or contact details to any third party.
When you place an Order with us, we have to ask for certain details to be able to make a Contract for the Sale and Delivery of the Products. In addition to your name, address, credit/debit card number and expiry date, we will also ask you for a telephone number in case of any problems regarding delivery. Our website is fully secure, with all of the information you provide kept confidential.
Please read our Privacy Policy which sets out how any information held by us about you may be processed or dealt with. By proceeding to place an Order, you consent that we may process the personal data that we collect from you in accordance with our Privacy Policy.
Our Liability
We warrant to you that any Product purchased from us through our Website is of satisfactory quality and reasonably fit for all the purposes for which products of this kind are commonly supplied.
Our liability for losses suffered as a result of our breaking this agreement including deliberate breaches is strictly limited to the purchase price of your Order and any losses which are a foreseeable consequence of our breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your Order is accepted by us.
If any of these Terms and Conditions or any provisions of an Order are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Agreement
These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms and Conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless the such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms and Conditions.
We have the right to revise and amend these Terms and Conditions at any time to reflect changes, including but not limited to, changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
You will be subject to these Terms and Conditions in force at the time when you order a product from us unless any change to these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to these Terms and Conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the Terms and Conditions unless you notify us to the contrary within 14 Working Days of receipt of the Order by you).
Law and Jurisdiction
Orders for the purchase of Products through our website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Maltese law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of Malta.
Fraud Prevention
To ensure that your credit/debit card is not being used without your consent, we may validate your name, address and other personal information supplied by you during the Order Process against appropriate third-party databases. By placing an Order (and thus accepting these Terms and Conditions) you consent to such checks being made.