Terms and Conditions
www.arkadiafoodstore.com is a Website operated by Arkadia Marketing Ltd (“Arkadia”, “we” or “us”), a Maltese company with company registration number C 11113 and with registered office at Arkadia Commercial Centre, Fortunato Mizzi Street, Victoria, Gozo.
Arkadia trades from both Malta and Gozo and is also offering its products for sale through its Website.
Terms of Sale for Online Orders
1. Use of Site for Online Orders
1.2 We reserve the right to amend these Terms and Conditions. You are asked to check periodically for changes. If we make any changes to these terms, we will let you know as soon as possible by posting the changes on our Website and updating the date below. It is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.
1.3 If you have any questions relating to these Terms and Conditions please call us on +35622103350 (Portomaso) or +35622103335 (Gozo) from Monday to Friday excluding public holidays between 8:00 and 16:00 or send us an email on email@example.com or firstname.lastname@example.org
2.1 You must be 18 years or over to buy any products on the Website.
2.2 To make an online purchase on the Website you will be required to Register as a Registered User of the Website after completing a one-time registration process.
2.3 You must read and accept these Terms and Conditions.
2.4 In order to complete full registration as a Registered User, you must provide us with all the mandatory contact details which we request from you or you may register with your Facebook account or your google account, in which case your contact details will automatically be transferred to our website. You must give us your real contact details and make sure they are correct. You must immediately update your personal details, such as your telephone number or email address, if there are any changes thereto.
2.5 When you complete the registration process as a Registered User, you will receive an email from Arkadia providing you with a link in order to activate your account.
2.6 It is important that you provide us with your email address (that is easily accessible by you) and your phone number so that we will be able to supply you with important information such as account activations and order confirmations. By registering on the Website to purchase our products online, you accept that your email address and phone number may be used to supply you with such information.
2.8 When you register as a Registered User you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You are and will be responsible for all orders that occur or are submitted under your password. If you know or suspect that someone else knows your password, you should change the password immediately.
2.9 We reserve the right to decline a new registration or suspend or cancel your registration at any time and at our sole discretion and to terminate your access to all or part of this service with or without notice.
2.10 The suspension or cancellation of your registration and your right to use the Website shall not affect either party's rights or liabilities.
2.11 When using our online service, you accept the need to have your credit or debit card details registered with a third party payment processor before placing an order. These details are not held by Arkadia but are held in an encrypted form by the payment processor and will only be used for payment on account and/or payment of goods and services received by you using our online service.
3.1 After placing your order, you will receive an email confirming that your order has been received. Your credit card or debit card details will be verified through a third-party payment gateway system at the time of your order. This is not an order confirmation or acceptance from us. At this stage, the total amount at checkout will be blocked by the third-party payment processer but you will not be charged until your order is processed and ready for delivery or collection. You will be charged the amount on the receipt. If, for any reason, we will not be able to fulfil your order, we will inform you as soon as possible and provide the blocked funds will be released.
3.2 The contract between you and Arkadia is not concluded until such time as the goods are accepted at the time of delivery or collection. You, or someone aged 18 or over authorised by you, must be available to inspect the goods at the time of delivery.
3.3 Goods are stored in appropriate conditions and temperature prior to delivery. Risk of loss and damage of products passes to you on the date the goods are delivered to your address or are left with a person or place nominated by you. Arkadia will not be responsible for any loss or damage caused to the goods after delivery
3.4 If you would like to contact us regarding an order, you may do so either by calling on +35622103350 (Portomaso) or +35622103335 (Gozo) from Monday to Friday excluding public holidays between 8:00 and 16:00 or send us an email on email@example.com or firstname.lastname@example.org
4. Prices, Charges and Payment
4.1 Prices shown on this Website include VAT but exclude delivery costs, which will be added to the total amount due before you place your order. The prices you will be charged for goods will be the actual prices displayed in the store at which your goods are selected on the day of collection or delivery, including any promotional offers if applicable. You accept that prices of goods may, therefore, increase or decrease between the day of ordering and the day of delivery.
4.2 Prices for weighted products are marked per kilo. For such products, the weight and price of the ordered product are indicative and therefore, you agree that the price may change to reflect the actual weight. We promise to use our best endeavours to give you a product which will be as close as possible to the indicated weight.
4.3 Payment must be made by credit or debit card through our third-party payment processor. Payment for products shall be made in full at the time of placing the order and proceeding to checkout. At this stage, the total amount at checkout will be blocked by the third-party payment processer but you will not be charged until your order is processed and ready for delivery or collection. You will be charged the amount on the receipt.
4.4 Delivery of individual orders above €50 made through this Website are FREE - a stairs fee of €5 will apply on all deliveries not to ground floor premises, where no lift is available.. A delivery fee of €5 applies, over and above the stairs fee on every order under €50 .
4.5 A delivery fee of €5 is charged on every order made in Gozo.
4.6 The minimum order that a user can place is that of €20
5.1 Goods are subject to availability. We provide you with a ‘substitute’ option for all goods at the time of checkout. If you choose this option and there are any products in your order which are not in stock, we will use our reasonable endeavours to offer you with alternative goods similar to the goods you have ordered, which may be a different price. If you do not select this option, your order will be processed with only those products in stock without substituting the unavailable products.
6. Delivery and Pick Up
6.1 While completing your order you will be requested to select whether you would like your order to be delivered to your chosen address or to be collected from our store.
6.2 If the ‘pick-up’ option is selected, you will be requested to select your preferred time-slot within which you commit to collect your order. You agree to collect your order at the time you selected when submitting your order. Orders are available for pick up between 09:00 and 21:00 from Portomaso or 08:00 and 19:00 in Gozo.
6.3 If the ‘delivery’ option is selected, you will be requested to book your preferred time-slot within which we will delivery your order. We deliver orders from Monday to Saturday in four different slots: 1) 09:00-12:00, 2) 12:01-15:00, 3) 15:01-16:00 or 4) 16:01-20:00. These delivery times, as stated and agreed are meant to be indicative estimates only. While we will make every effort to deliver your order within the selected time-slot, we will not be bound or responsible for any inconvenience or loss arising to you from late deliveries due to traffic/road accidents/parking restrictions.
6.4 If you are out at the time of your scheduled delivery, we reserve the right to return your order to our store and to charge you for re-delivery. Your order will be cancelled and refunded and we will retain the delivery fee
6.5 If we fail to deliver your order, we shall have no liability to the extent that such failure is caused by a Force Majeure Event or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the delivery of the order.
6.6 During the Covid-19 public health outbreak, all delivered items will be left outside on the doorstep to ensure social distancing.
7. Risk and Title
7.1 The products ordered through the Website shall be at your risk from the time of delivery. You, or someone aged 18 or over authorised by you, must be available to inspect the goods at the time of delivery.
7.2 Ownership of the items will only pass to you when we receive the full payment of the sums due including delivery charges.
7.3 Food goods are supplied at the temperature appropriate to that food. Goods will be delivered in good condition and we cannot accept responsibility where they have been inappropriately stored or handled following delivery to you. We will not be responsible for any loss or damage caused to the goods after delivery.
8. Return and Refund Policy
NOTE: During the Covid-19 public health outbreak, we are temporary suspending product returns for the safety of our customers and employees. Therefore, no returns will be accepted during the Covid-19 public health outbreak.
8.1 If you are contracting as a consumer, you may cancel a contract within 14 calendar days beginning on the day after you received the products by sending us an email to email@example.com or firstname.lastname@example.org. In such instances you must return the products to us without delay at our store in an unopened, unused and undamaged condition. You are responsible for paying the cost of returning the products
8.2 You are responsible to provide us with proof of having purchased the goods online from our Website and that you have cancelled the sale within the 14-day time limit. We shall not accept returns, except upon presentation of the same receipt.
8.3 You have a legal obligation to take good care of the products while they are in your possession.
8.4 In the case of cancellation in terms of clauses 8.1 and 8.2 you will receive a full refund of the price paid for the products (please refer to clause 8.9 below).
8.5 Except where a Product is defective, you may not cancel a contract for the supply of any of the following:
i. Sale of products that are perishable and therefore liable to deteriorate or expire rapidly, such as refrigerated products, fresh foods, flowers etc.
ii. Sale of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
iii. Newspapers and Magazines.
8.6 When you return a product to us because you have cancelled the contract between us within the 14-day cooling-off period referred to in clause 8.1 above, we will process the refund without undue delay upon receipt of goods. In this case, we will refund the price of the product in full, including the cost of sending the product to you. However, you will be responsible for the cost of returning the product to us.
8.7 When a product is defective or is past its sell date, we require photographic evidence from you to demonstrate that the product is indeed defective or past its sell date and to be sent to us upon delivery. The defective product is to be returned to our store as soon as possible and in not later than one week from receipt
8.8 When you return a product to us because it is defective, we will examine the returned product and if we are satisfied that the product is defective or past its sell date, we will refund the price of the product in full.
8.9 Any refund due will be credited to the credit card used to pay for your purchase within 3-5 days.
8.10 We reserve the right to remove any point from your Arkadia loyalty card with respect to returned goods.
9.1 Our liability for losses you suffer as a result of us breaking the Terms and Conditions is strictly limited to the purchase price of the product you purchased.
9.2 We are not responsible for indirect losses that you may suffer when buying our products online however arising and whether caused by tort (including negligence), breach of contract or otherwise.
10. Force Majeure Event
10.1 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 events outside our reasonable control (Force Majeure Event).
10.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
i. Strikes, lock-outs or other industrial action;
ii. An epidemic;
iii. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
iv. Fire, explosion, storm, flood, earthquake, subsidence, or other natural disaster;
v. Impossibility of the use of motor transport;
vi. Impossibility of the use of public or private telecommunications networks, and
vii. The acts, decrees, legislation, regulations or restrictions of any government.
10.3 Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
11. Written Communications
11.1 Where the law requires us to communicate with you in writing, we will do so by posting notices on our website or by email. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
12.1 You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.
12.2 We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.
13. Law and jurisdiction
13.1 Contracts for the purchase of products through our Website will be governed by Maltese law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the Courts of Malta.