These are the general terms and conditions governing your access and use of the content and services offered to you on this internet site and constitute an agreement between you and FGL Entertainment Limited.
FGL Entertainment Limited. (‘FGL Entertainment’/‘we’ /‘us’/‘our’) is the owner and operator of http://www.forestals.com (website). FGL Entertainment Limited is a company which is registered in Malta and holds Company Registration Nunber is C-41655. Our registered address is Forestals, Mriehel Bypass, Mriehel BKR 3000, MALTA and our VAT Registration Number is MT18505535 and our. We may be contacted on telephone number ( 356) 23436000, fax number ( 356) 21344709 or email address email@example.com
By using, viewing, transmitting, caching, storing and/or otherwise utilising this website, the services or functions offered herein and/or contents or information on this website, you agree to each and all of the terms and conditions set out herein, and waive any right to claim ambiguity or error in this Agreement. Should you not agree to each and every term and condition set out herein, you are asked not to use this website and to leave immediately.
By using the services you warrant to FGL Entertainment that you have the legal capacity to enter into these Terms and Conditions with us.
2. Description of Service/Product
Through this website we provide general information about the company’s products and services and we also provide you with the possibility of purchasing our products online. All products purchased online shall be delivered to the address indicated by you.
Any online purchases on this website shall be charged at the price advertised on this website at the date the order is placed. All prices shown on the website are indicated in Euro and are inclusive of VAT.
While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
4. Delivery Costs
Delivery costs shall be clearly indicated where applicable.
5. Payment Method and Security
All online purchases shall only be accepted against payment by credit/debit card or Paypal.
Your card details are received and processed directly by our payment gateway (PSP), the Endeavour Payment Gateway; your card details are transmitted from you to the payment gateway (PSP) encrypted over high-strength SSL for maximum protection and confidentially. FGL Entertainment does not at any point handle the card information.
For additional security, your three digit security code found at the back of your card is never stored by the payment gateway (CVV/CVC2). Without this number, additional transactions attempted on your card, without your authorization, would be rejected.
The payment gateway (PSP) is licensed and authorized by Visa, MasterCard and other card associations to act as a payment gateway and is fully audited and compliant with the Payment Card Industry Security Standards.
You undertake and agree to provide correct details to FGL Entertainment for the purpose of ordering or purchasing goods from this website.
You also undertake that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.
You agree that e-mail can be used as a long-distance means of communication.
7. Conclusion of the Contract
The electronic contract between you and us shall be concluded as soon as you have received our electronic acknowledgment, hereby referred to as a confirmatory email, of your order. This confirmatory e-mail will contain all relevant statutory information concerning your contract.
The confirmatory e-mail will also contain a link to these terms and conditions.
You must check that the details on this confirmatory e-mail are correct as soon as possible and you should print out and keep a copy of it.
8. Delivery / Title / Risk
FGL Entertainment aims to arrange delivery / shipment of all ‘in stock’ items within 1-2 working days of receiving your order. Your order may be delayed if the item is not in stock with our suppliers. Some items may be unavailable and the current stock status is approximate. FGL Entertainment is not able to supply dates its suppliers may get an item in stock.
The period stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order and stated in the order confirmation. Please note that your goods may be sent to you in instalments. You may cancel your entire order with us if subsequent instalments forming part of your order are not delivered by us.
If your delivery address is outside of Malta, you may be subject to import duties and taxes, which are levied once a shipment reaches your country. Any such additional charges for customs clearance must be borne by you. You should note that customs policies vary widely from country to country; FGL Entertainment advises each customer to contact their local customs office for further information.
Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.
For Christmas Deliveries, we recommend that you order by the 18th December. We will endeavour to dispatch all ‘in stock’ orders within 1-2 working days, however we cannot guarantee delivery on or before the 24th December as the post may be delayed in your area.
9. Cancellations / Return Policy
All purchases are in general non-exchangeable, non-refundable and non-transferable besides cases of cancellation and withdrawal.
You may cancel your order at any time prior to your order being processed by clicking on the ‘cancel’ link next to the product ordered on the website. We can also accept cancellations by phoning ( 356) 2343 6000 during the following office hours:
Monday to Friday 8:00am - 1:00pm; 2:00pm – 5:00pm
You will be liable for 5% bank charges when cancelling your order (where applicable). Cancellation of order can be done within 15 calendar days from the date of delivery of the good/s.
You might cancel the purchase
- by sending the notice of cancellation by email to firstname.lastname@example.org ensuring that you quote your name, address and order reference number; or
- where you have already received the goods, returning the goods to FGL Entertainment unopened together with the original invoice. We will refund you the purchase price of the goods (less 5% bank charges).
Once we receive notification from you that you wish to withdraw from the contract (in accordance with these terms), any sum debited to us from your credit card in relation to your order will be re-credited to that credit card account as soon as possible and in any event within 30 days of your order provided that the goods you wish to return are received by FGL Entertainment in the condition that they were in when delivered to you. You will be liable for 5% bank charges in returning the goods to us or cancelling your order.
FGL Entertainment reserves the right to make a 15% restocking charge for any goods which are not returned in mint condition or to refuse to accept such goods, at its sole discretion. FGL Entertainment also reserves the right to make a charge for collecting goods from your premises in circumstances where they are not defective but you have cancelled your order. Your statutory rights are not affected.
This section applies only to the extent permitted by law.
While endeavouring to ensure that all the information we provide on this website is correct, we do not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services.
If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. We shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price, if the item(s) has been charged and not dispatched we will cancel and refund your order.
FGL Entertainment will do its best to correct errors and omissions as quickly as practicable after being notified of them.
TO THE FULLEST EXTENT PERMITTED BY LAW, FGL ENTERTAINMENT IS PROVIDING THIS WEBSITE AND ITS CONTENTS ON AN ‘AS IS’ BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS WEBSITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, FGL ENTERTAINMENT DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEBSITE IS ACCURATE, COMPLETE OR CURRENT.
We reserve the right to make changes to the material, detail or to the products and services and prices described in it at any time and without any notice. We reserve the right to modify and/or discontinue (temporarily or permanently) the products and services from time to time, for any reason, and without notice, including the right to terminate any of the products and services. In any such case we shall not be held liable for any such modification, discontinuance or termination.
We provide no further warranties other than the ones specifically agreed to in these terms and conditions. All express, implied and statutory warranties on the part of FGL Entertainment are hereby expressly disclaimed and limited to the fullest extent permitted by law.
In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, we shall, at our own option, make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question PROVIDED THAT you notify FGL Entertainment of the problem in writing at the address stated in the confirmation e-mail within 10 working days of delivery of the goods. NOTHING IN THIS CLAUSE AFFECTS YOUR STATUTORY RIGHTS.
You and FGL Entertainment will only be liable under these Terms for losses which are a reasonably foreseeable consequence of the relevant breach of contract.
The products sold on the website are provided for private domestic and consumer use only. Accordingly, FGL Entertainment do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the website or for any products or services purchased from FGL Entertainment.
We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
We shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.
We are committed to protect your privacy and we will not collect any personal information about you unless you provide it voluntarily. Any personal information you communicate to us is kept by FGL Entertainment itself in accordance with the Data Protection Act, 2001 (Chapter 440 of the Laws of Malta).
12. Applicable law and jurisdiction
This is a Maltese website and is subject to the laws of the Republic of Malta.
Every purchase you make shall be deemed performed in Malta. Maltese law shall govern every aspect of the electronic contractual agreement between you and FGL Entertainment concerning purchases made from the website.
All disputes arising from the use of this website and/or and electronic contractual agreement between you and FGL Entertainment shall be subject to the exclusive jurisdiction of the Courts of Justice of Malta.
No waiver by us of any breach of these Terms shall be considered as a waiver of any subsequent breach of the same or any other provision.
You may not permit, create unauthorized framing of, or deep linking to, the website or the creation of derivative works thereof from any other website under your management or control.
In these Terms & Conditions, ‘Intellectual Property Rights’ means patents, database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered) and other similar rights, together with the right to apply for the protection of any such rights. All Intellectual Property Rights in the website shall be owned by us absolutely.
Subject to the right granted to you to use the website, FGL Entertainment reserves all rights, title and interest in its Intellectual Property Rights in the website. Any goodwill accruing from use of FGL Entertainment and its affiliates’ trade marks, trade and business names and service marks under this Agreement will vest in FGL Entertainment and its affiliates, as appropriate.
It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law.
We reserve the right to terminate this Agreement immediately and without notice to you if:
- you fail to make any payment to us when due;
- you breach the terms of this Agreement (repeatedly or otherwise);
- when requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity;
- we suspect you have engaged, or about to engage, or have in any way been involved, in fraudulent or illegal activity on the website.
FGL Entertainment may amend these Terms from time to time, and place the new version on the website. For users purchasing goods all purchases from the date that the amended terms are placed on our website onwards will be governed by those new terms. Otherwise, such changes will be effective against existing users thirty (30) days following posting of the amended version on the website. Your continued use of the website following FGL Entertainment’s posting of any changes will constitute your acceptance of such changes. If you do not agree to any changes to these Terms, then your only remedy is to cease using the website.
These Terms supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between FGL Entertainment and you relating to your purchase. FGL Entertainment advises that you print off and keep safe a copy of these terms and conditions once your order has been accepted by FGL Entertainment. We will store a copy of the contract entered into by you with FGL Entertainment. You are advised to read (and are responsible for reading) fully all information on this website.
If any provision of these Terms shall be held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining parts of these Terms and the remainder of the affected provision shall be unaffected.