Malta Historical Society Terms of Service
Last updated on 1st November 2021
Definitions
“We”/”Us”/”Our”/”MHS” means Malta Historical Society, a voluntary organisation (reg. no. 0722) and legal person (LPA-46) having its registered address at Malta Historical Society, 41, Lion Street, Floriana, FRN 1531, Malta, with VAT Registration Number 2783 2831 and/or any of its subsidiaries and/ or affiliates involved in providing the Services.
“You”/”Your”/”Yourself”/”User” means the user of the Website and/or customer of the Services.
“Goods” means any goods offered for sale by MHS, such as books, on the MHS website.
“Services” means any services offered by Malta Historical Society on its website as well as any other services offered by Malta Historical Society elsewhere, which services include the sale of Goods, such as books, on the website.
PRELIMINARY
The aim of the Malta Historical Society is the study of the history of the Maltese Islands. MHS is responsible for the publication of research work on Maltese history and for the lectures and study circles organised on historical methodology. These terms of service (the ‘Terms’) relate to Your use of the Services provided by MHS under the domain name www.mhs.mt (‘the Website’).
By using this Website and/or purchasing any Services from Us, You agree to these Terms which shall exclusively be concluded in the English language, and which shall be deemed a legally binding contract between the Malta Historical Society and Yourself. We suggest that before using Our Website and/or purchasing any Goods and/or Services from Us You read these Terms carefully, together with Our Privacy Policy, Our Cookie Policy and Our Copyright Notice.
We have the right to revise and amend these Terms and/or the Services from time to time to reflect changes in market conditions affecting Our services, changes in technology, changes in access rights to certain locations, changes to any health and safety laws or procedures, changes in payment methods, changes in relevant laws and regulatory requirements and changes in Our system’s capabilities or for any other lawful reason. Your continued access to or use of the Website and/or the Services constitutes Your acceptance of any such change and/or amendment. You will be subject to the policies and Terms in force at the time that You use the Website and/or use Our Services (e.g. unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by You).
Malta Historical Society can be contacted at info@mhs.mt or through Our Website ‘Contact Us’ page or by phoning on (+356) 27 377 377 during normal office hours.
1. ORDER ACCEPTANCE & RESERVATION
1.1. All orders for Our Goods and/or Services, are subject to availability and acceptance by Us. Should We be unable to accept Your order for any reason, We will contact You directly (either via email or by phone) where more details will be provided.
1.2. Once You request to purchase Goods through the Website, We shall process Your details, and subject to the accuracy of Your details (such as Your financial information) as well as the availability of the Services and the fulfilment of the payment requirements set out in Clause 1.3 below (as well as Section 3) an email acknowledging Your order will be communicated to You, providing You with important information regarding Your order details.
1.3. A contract for the sale of any Goods You order from Us (the ‘Sale Contract’) is only created once We have accepted the order and received full payment for Your order (via a payment gateway available on Our Website or any other form of payment that We may indicate from time to time) and (including partial acceptance).
1.4. With regard to the delivery of Goods, such as books, unless We receive any information from You to the contrary, We will assume that the details that You provided Us in Your order(s) are correct and We shall proceed to use Our best endeavours to effect delivery thereof within the indicated timeframes (if any). Once the Goods are delivered to You, You will hold the Goods at Your own risk and will be liable for their loss or destruction. We will not be liable for the loss or destruction of the goods once they have been delivered to You.
1.5. To the full extent permitted by law, We reserve the right to refuse any order made by You for whatever reason.
1.6. We will not be legally bound by any factual or typographical errors on the Website or other promotional materials.
2. SERVICE AVAILABILITY
2.1. By placing an order through this Website You warrant that You are eighteen years of age or older and that no legal impediment of any kind prevents You from contracting with Us in any way.
2.2. Please note that we currently only accept orders for Our Goods and Services from persons in Malta, the EU, USA, Canada and Australia. By placing an order through this Website You warrant that You are resident in Malta, the EU, USA, Canada and Australia.
3. PRICE AND PAYMENT
3.1. The price of the Goods, such as books, available for purchase from this Website shall be shown on the Website.
3.2. Prices are subject to change without prior notice but any such changes will not affect orders which have already been placed by You.
3.3. Unless otherwise indicated, prices include VAT and delivery charges (if applicable).
3.4. The full price You will pay for the Services is the price for those specific Services as appearing on the Website at the time of placing Your order (and as confirmed in the email and/or electronic message mentioned in Clause 1.2 as well as in Your pending orders).
3.5. Payment shall be made by You by the means specified on the Website or other means as may be indicated by Us and shall not be deemed to be made until We have received cleared funds in respect of the full amount due.
3.6. At present, payment for all Services purchased from this Website shall be exclusively via payment gateway(s) available on Our Website. Besides the above-listed means of payment, when Goods are NOT purchased from the Website, cash or cheque payments may also be made such as where Goods are bought physically at Our premises or at an event organised by us or where otherwise specifically and explicitly indicated by Us.
3.7. Please note that MHS uses third party services to process Your payments made from the Website, such as those of a payment gateway provider. All personal details relating to payment processing are encrypted and no credit card details are stored by MHS. While We have endeavoured to make payment as secure as possible, You understand that some risks may still exist and that any loss of personal data cannot result in liability on MHS’ part. For more information on privacy issues please read Our Privacy Policy.
4. RIGHT OF WITHDRAWAL & ADDITIONAL TERMS
4.1. Your right of withdrawal only applies to the Goods unless We inform You otherwise.
4.2. Subject to the provisions of Clause 4.3 below, if You are contracting as a consumer, You have the right to withdraw from the Sale Contract of any Goods at any time within 14 days beginning from the day after You receive the Goods (See Clause 1.4 for more information on Our delivery methods). The withdrawal period will expire after 14 days from the day on which You acquire, or a third party other than the carrier and indicated by You acquires, possession of the Goods.
4.3. The right granted to You, as a consumer, pursuant to Clause 4.2, does not apply to:
(a) those Goods which are liable to deteriorate or expire rapidly;
(b) sealed Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery; or
(c) made to measure or personalised Goods.
4.4. To exercise the right of withdrawal, You must inform Us of Your decision to withdraw from the Sale Contract by an unequivocal statement either by contacting Us at info@mhs.mt. Alternatively, You may choose to use the model withdrawal form included in Clause 4.7 below. We will communicate to You an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay.
4.5. Subject to Clause 4.3. If You withdraw from the Sale Contract (of Goods) successfully and before the deadline indicated in Clause 4.2, We shall reimburse to You all payments received from You, including the costs of delivery (with the exception of the supplementary costs resulting from Your choice of a type of delivery other than the least expensive type of standard delivery offered by Us), without undue delay and in any event not later than fourteen (14) days from the day on which We are informed about Your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise; in any event, You will not incur any fees as a result of such reimbursement.
4.6. You are responsible for the correct details that You submit including correct date and time (when asked to provide such information). We cannot be held responsible for any customer errors.
4.7 Should You wish to withdraw, as specified in 4.4 please use the following Model withdrawal form and send it with all the completed details indicated below to info@mhs.mt:
(complete and return this form only if You wish to withdraw from the sale of Goods contract)
— To Malta Historical Society at Malta Historical Society, 41, Lion Street, Floriana, FRN 1531, Malta:
— I/We (*) hereby give notice that I/We (*) withdraw from my/Our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
— Ordered on (*)/received on (*): __________________________
— Name of consumer (s): __________________________
— Address of consumer(s): __________________________
— Signature of consumer(s) (only if this form is notified on paper): __________________________
—Date: __________________________
(*) Delete as appropriate
Please Note: To help Us with identifying You and processing Your withdrawal quickly, please notify Us about the following details combined with Your withdrawal notice:
– Your email address with which You signed up/contacted Us
5. PROMOTIONS
5.1. All promotions online are subject to removal without notice (without affecting any promotions that You are entitled to benefit from).
5.2. All promotions are on a “While Stocks/Services Last” basis.
5.3. No Ticket or Good price is guaranteed until the Ticket is purchased.
6. LIABILITY AND DISCLAIMER
6.1. We are fully committed to providing You with the best possible service as expeditiously as possible.
6.2. Having regard to Clause 6.1 above, to the fullest extent permitted at law and except in respect of death, personal injury or other damage caused by gross negligence on Our part or on the part of Our committee We shall not be liable to You by reason of any representation (unless fraudulent), or any implied warranty condition or other term or any duty at law or under express terms of the contract for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by negligence on Our part or the part of Our committee or otherwise) which arise from or in connection with the use of the Website and the supply of Services, Our entire liability under or in connection with the provisions of the Services shall, under no circumstance, exceed the price of the Sale Contract, except as expressly provided in these conditions.
6.3. In particular, and without limiting the generality of the foregoing, MHS will not be liable for the delay in performing or failure to perform its obligations hereunder if the delay or failure results from events or circumstances beyond its control.
6.4. MHS shall not be liable for any losses resulting from third party services (including Your accessing of third-party websites, whether or not You access such websites through the Website).
6.5. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
6.6. Nothing in these Terms shall restrict any mandatory statutory rights You may enjoy under any applicable law.
7. MALTA HISTORICAL SOCIETY MEMBERSHIP
7.1. MHS membership allows you to benefit from a number of Our exclusive offers and services such as a copy of MHS’ prestigious annual publication of ‘Melita Historica’, newsletters and regular updates on MHS events and other items of interest. Members shall also be given a unique and exclusive coupon number which can be used to benefit from discounts on publications available on Our online digital library
7.2 If You would like to become a member of the MHS and benefit from the services associated with it , please visit Our Website (‘Join Us’) for more information regarding price and the benefits on offer and fill out Our Membership Application Form or contact Us by emailing info@mhs.mt.
7.3. Membership, including the benefits that come with it, including the unique coupon number issued in terms of Clause 7.1 above, is issued to the named member only, for his/her use only. Membership and its benefits cannot be availed of by or transferred to any other person.
7.4. Membership runs for one calendar (i.e. from 1st January until 31st
December) irrespective of the date of signing up, and must therefore be renewed annually, against a fee.
7.5 MHS endeavours to keep an accurate record of the details of its members. It is each member’s responsibility to inform MHS of any changes to Your personal details that may have occurred since You submitted Your application for membership, such as a change in Your address or Your email.
7.6. MHS reserves the right to exercise its rights in full, including but not limited to cancellation of Your membership if You, as a member, are found to breach any of these Terms and/or any additional terms and conditions as may be communicated to You.
8. INDEMNITY
8.1. You agree to indemnify, defend and hold harmless MHS, its committee, presidents, members and affiliates, from any and all claims (including third party claims), liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, Your breach of these Terms, Your conduct (and the conduct of any minors under Your care), Your infringement of any MHS rights or any other right of any person or entity or any defamatory or malicious statements made by You in any form (including online).
9. WRITTEN COMMUNICATIONS
9.1. Applicable laws require that some of the information or communications We send to You should be in writing. When using this Website, You accept that communication with Us will be mainly electronic. We will contact You by e-mail and/or electronic messaging or provide You with information by posting notices on Our Website. 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.
10. NOTICES
10.1. All notices given by You to Us must be given to Us at info@mhs.mt. We may give notice to You at either the e-mail or postal address You provide to Us when placing an order, or in any of the ways specified elsewhere in these Terms. In the case of any electronic notification, notice will be deemed received and properly served 24 working hours after an e-mail is sent.
10.2. In proving the service of any notice, it will be sufficient to prove, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
11. TRANSFER OF RIGHTS AND OBLIGATIONS
11.1. The Sale Contract (and/or any additional contract as may be required) between You and Us is binding on You and Us and on Our respective successors and assigns.
11.2. You may not transfer, assign, charge or otherwise dispose of a contract (including the Ticket), or any of Your rights or obligations arising under it, without Our prior written consent.
11.3. 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. If Your rights will be reduced in any way We will only proceed with Your prior consent.
12. EVENTS OUTSIDE OUR CONTROL
12.1. 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”).
12.2. 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:
12.2.1. Strikes, lock-outs or other industrial action.
12.2.2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
12.2.3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic/pandemic or other natural disaster.
12.2.4. Impossibility of the use of shipping, aircraft, motor transport or other means of public or private transport.
12.2.5. Impossibility of the use of public or private telecommunications networks.
12.2.6. The acts, decrees, legislation, regulations or restrictions of any government.
12.3. 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.
13. WAIVER
13.1. If We fail, at any time during the term of a contract, to insist upon strict performance of any of Your obligations under the contract in question and/or any of these Terms, or if We fail to exercise any of the rights or remedies to which We are entitled under any contract, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations.
13.2. A waiver by Us of any default shall not constitute a waiver of any subsequent default.
13.3. No waiver by Us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing.
14. SEVERABILITY
14.1 If any provision or part-provision of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
14.2 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
15. ENTIRE AGREEMENT
15.1. These Terms and any document expressly referred to in them, (including any additional contract as may be required) represent the entire agreement between Us in relation to the subject matter of the contract and supersede any prior agreement, understanding or arrangement between Us, whether oral or in writing.
15.2. 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 be implied from anything said or written in negotiations between Us prior to such contract except as expressly stated in these Terms.
15.3. 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 such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms.
16. JURISDICTION
16.1 All disputes or claims arising out of or relating to these Terms and/or the Sale Contract shall be subject to the exclusive jurisdiction of the Maltese Courts to which the parties irrevocably submit.
16.2 This clause does not apply if You qualify as a consumer domiciled in a European Union Member State. In such cases, jurisdiction shall be determined in accordance with the provisions of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, or any other legislative measure which may replace the said Regulation from time to time.
17 GOVERNING LAW
17.1 This Agreement shall be governed and construed in accordance with Maltese law, saving, where applicable, the provisions of Article 6(2) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I), or any other legislative measure which may replace the said Regulation from time to time.
18. AFTER-SALE SERVICE
21.1. Questions, comments or requests regarding these Terms or any of Our Services should be addressed to: info@mhs.mt.
21.2. If You have any formal complaints these should be addressed in writing to Malta Historical Society at, 41, Lion Street, Floriana, FRN 1531, Malta.
Last updated on 1st November 2021
