Terms and Conditions of Sale
1. General
1.1 In these Terms and Conditions of Sale, the term “Company” shall mean Vala Home & Contract, operated by Vala Ventures Limited, and the term “Customer” shall mean the person, company, organisation or entity purchasing goods or services from the Company, including any person acting on the Customer’s behalf or with the Customer’s authority.
1.2 These Terms and Conditions apply to all quotations, orders, sales, deliveries, installations and related services supplied by the Company unless expressly agreed otherwise in writing.
1.3 By accepting a quotation, placing an order, making a deposit or payment, or otherwise confirming the purchase of Goods, the Customer confirms that they have read, understood and accepted these Terms and Conditions.
1.4 Any terms or conditions proposed by the Customer shall not apply unless expressly accepted by the Company in writing.
1.5 Any special conditions agreed between the Company and the Customer and confirmed in writing shall take precedence over these Terms and Conditions only to the extent of the specific agreed variation.
2. Prices and Quotations
2.1 All prices and values are quoted in Euro (€).
2.2 Unless expressly stated otherwise, all prices quoted by the Company are inclusive of VAT at the applicable rate.
2.3 Quotations for items requiring a special order are valid for thirty (30) days from the date of issue, unless a different validity period is expressly stated on the quotation.
2.4 Quotations for Goods available from stock are valid only while stocks last and are subject to prior sale.
2.5 A quotation does not constitute a reservation of stock. Stock shall only be considered reserved once the Customer has formally confirmed the order and the Company has received the required payment or deposit.
2.6 Prices, availability, specifications and delivery periods may change after the expiry of the quotation validity period.
2.7 The Company reserves the right to correct any genuine clerical, pricing, specification or calculation error appearing in a quotation prior to acceptance of the order.
2.8 Where a quotation is based on information, measurements, specifications or requirements supplied by the Customer, the Customer remains responsible for ensuring that such information is accurate and complete.
3. Orders and Order Confirmation
3.1 An order shall only be considered confirmed once the Company has accepted the order and issued, where applicable, a written Confirmation of Order.
3.2 A deposit of thirty percent (30%) of the total order value shall be payable upon placing the order unless otherwise stated in writing by the Company.
3.3 The remaining balance shall be settled before delivery unless alternative payment terms are expressly stated on the Confirmation of Order.
3.4 For Goods that are custom-made, specially manufactured, imported, pre-ordered or ordered specifically for the Customer, deposits shall be non-refundable, subject to any mandatory rights available to the Customer under applicable law.
3.5 Once an order has been confirmed by the Customer and accepted by the Company, the Customer may not cancel, amend, substitute or reduce any item without the Company's prior written agreement.
3.6 Any approved amendment may result in additional costs, revised prices, revised production times and/or revised delivery dates. Any such additional costs shall be payable by the Customer.
3.7 Where production, procurement or preparation of Goods has already commenced, the Company reserves the right to refuse any cancellation or amendment where the Goods have been specifically produced, ordered or committed for the Customer.
3.8 The Company may require payment of additional amounts where changes requested by the Customer increase the value of the order or require additional work, materials, transport, storage or installation.
4. Custom-Made and Special-Order Goods
4.1 Goods manufactured, modified, imported or ordered specifically to meet the Customer’s requirements shall be considered special-order Goods.
4.2 Special-order Goods cannot normally be returned or cancelled once production, procurement or importation has commenced.
4.3 The Customer acknowledges that specially manufactured Goods may contain minor variations resulting from the nature of the materials and manufacturing process.
4.4 Measurements, drawings, specifications, finishes and colours must be approved by the Customer where approval is requested by the Company before production commences.
4.5 Any approval given by the Customer shall be considered confirmation that the relevant information has been checked and accepted.
5. Natural Materials, Colours and Finishes
5.1 Timbers, veneers, natural stone and other natural materials are naturally occurring products and may vary in colour, grain, texture, pattern and appearance.
5.2 It may therefore not always be possible to match the wood grain, colour or finish exactly between different pieces of furniture or between separate orders.
5.3 Such variations shall not constitute a defect where they arise naturally from the characteristics of the material.
5.4 Samples, showroom displays, photographs and digital images are provided as an indication only and may not represent the exact colour, grain, texture or finish of the final product.
5.5 The Company shall not be responsible for reasonable variations inherent in the material or manufacturing process.
6. Product Design and Specifications
6.1 The Company and its suppliers reserve the right to modify, improve or alter product designs, specifications, fittings, materials or components where necessary.
6.2 Manufacturers may discontinue products or change fittings, finishes or components without prior notice.
6.3 The Company cannot guarantee that an identical design, finish, fitting or product will remain available for future orders.
6.4 Where a manufacturer changes a product specification, the Company shall endeavour to supply the closest available equivalent where reasonably possible.
7. Delivery
7.1 The Company shall make reasonable efforts to deliver Goods on or around the delivery date indicated on the Confirmation of Order.
7.2 Any delivery date provided by the Company shall be considered an estimated date unless expressly confirmed otherwise in writing.
7.3 Delivery dates may be affected by circumstances outside the Company’s reasonable control, including manufacturing delays, supplier delays, shipping delays, customs procedures, transport disruptions, industrial action, weather conditions and other unforeseen circumstances.
7.4 The Company shall not be liable for losses or costs arising solely from a delay in delivery where such delay is caused by circumstances outside the Company’s reasonable control.
7.5 The Customer shall be contacted when the Goods are ready to arrange delivery and/or installation.
7.6 Where payment of the balance is required before delivery, the delivery appointment shall normally be arranged after receipt of the outstanding balance.
7.7 Where the Customer postpones an agreed delivery appointment, the Company shall arrange a new delivery date at the earliest reasonable opportunity, subject to its existing delivery schedule.
7.8 Where the Customer cancels or postpones a delivery or installation appointment with less than three (3) working days’ notice, the Company reserves the right to charge costs arising from the cancellation, including a charge of up to €250, depending on the circumstances.
8. Customer-Requested Storage and Delayed Delivery
8.1 Once Goods are ready for delivery, the Customer is expected to accept delivery within the agreed period.
8.2 Where the Customer requests that delivery and/or installation be postponed for more than three (3) months after the delivery date indicated on the order, the Customer shall pay an additional amount equal to fifty percent (50%) of the outstanding balance.
8.3 Where delivery and/or installation is postponed for more than one (1) month, storage charges of €20 per month per cubic metre shall become payable by the Customer.
8.4 Storage charges shall be calculated according to the volume occupied by the Customer’s Goods and shall be payable before the Goods are released for delivery.
8.5 The Customer acknowledges that prolonged storage may increase the risk of deterioration or damage to packaging and Goods. The Company shall take reasonable care of Goods held in its storage facilities but shall not be responsible for deterioration arising from the nature of the Goods or prolonged storage requested by the Customer.
8.6 If the Customer does not arrange delivery or otherwise contact the Company for a period of two (2) years following the date on which the Goods became available for delivery, the Company reserves the right, subject to applicable law, to treat the order as cancelled, retain the deposit and dispose of the Goods as it considers appropriate.
9. Access and Delivery Conditions
9.1 The Customer is responsible for ensuring that suitable and safe access is available to the delivery address.
9.2 The Customer must inform the Company before delivery of any access restrictions, narrow entrances, stairs, restricted roads, parking restrictions, low ceilings, lifts or other circumstances that may affect delivery.
9.3 Where there is any doubt regarding access or whether a crane, lifter or other specialist equipment is required, the Customer should discuss the matter with the Company’s sales representative before delivery.
9.4 Crane, lifter and specialist access equipment charges are not included unless specifically stated otherwise and shall be paid by the Customer.
9.5 Any permits required for crane or lifter parking, road occupation or similar access requirements shall be the Customer’s responsibility.
9.6 Standard delivery is limited to ground-floor level, unless otherwise agreed in writing.
9.7 The Customer shall ensure that the delivery route is clear, safe and suitable for the Goods and for the Company’s delivery personnel.
9.8 The Company reserves the right to refuse or postpone delivery where the delivery location is considered unsafe or where the Goods cannot reasonably be delivered without risk of damage or injury.
9.9 Any additional delivery resulting from inadequate access, failure to disclose relevant access restrictions or Customer-related circumstances may be charged to the Customer.
10. Inspection Upon Delivery
10.1 The Customer is expected to inspect the Goods and packaging upon delivery.
10.2 The Company’s delivery personnel may inspect the external condition of packaging and Goods together with the Customer.
10.3 Any visible damage, missing Goods, incorrect items or other issues identified at delivery should be brought to the attention of the delivery personnel immediately.
10.4 The Customer must also notify the Company by email at aftersales@vala.mt within two (2) days of delivery in respect of any visible damage, missing items or defects identified upon delivery.
10.5 The notification should include a clear description of the issue together with photographs showing the Goods, packaging and relevant damage or defect.
10.6 Failure to report visible damage within the specified period may affect the Company's ability to determine whether the damage occurred before or after delivery.
11. Acceptance of Goods
11.1 Upon delivery and acceptance of the Goods by the Customer, the sale shall be considered completed, subject always to the Customer’s statutory rights and the applicable warranty provisions.
11.2 Goods specifically ordered, imported, manufactured or configured for the Customer will not ordinarily be accepted back after delivery merely because the Customer has changed their mind or no longer requires them.
11.3 Nothing in these Terms and Conditions is intended to exclude or restrict any mandatory rights available to consumers under applicable law.
12. Payment
12.1 Unless otherwise agreed in writing, payment of the outstanding balance must be received before delivery.
12.2 Where credit terms have been expressly agreed, payment shall be made within the agreed credit period stated on the relevant invoice or Confirmation of Order.
12.3 The Company reserves the right to charge interest at a rate of eight percent (8%) per annum on amounts remaining unpaid after thirty (30) days from the invoice date, where such charge is applicable.
12.4 If any payment due to the Company is not received on time, the Company may suspend delivery, installation or other services relating to outstanding orders until the overdue amount has been settled.
12.5 The Company shall not be liable for any losses, delays or additional costs resulting from the suspension of delivery or services caused by overdue payment.
13. Ownership and Risk
13.1 Risk in the Goods shall pass to the Customer upon delivery.
13.2 Legal and beneficial ownership of the Goods shall remain with the Company until the Company has received payment in full for the relevant order, particularly where credit terms have been granted.
13.3 Each order may be treated by the Company as a whole for the purpose of retention of title.
13.4 Where Goods remain unpaid, the Company reserves the right, subject to applicable law, to withhold further delivery or take appropriate steps to protect its ownership rights.
14. Returns
14.1 Goods purchased from stock on a cash-sale basis may be considered for return within a maximum period of fourteen (14) days from the date of purchase.
14.2 Any return must be approved by the Company before the Goods are returned.
14.3 Goods must be unused, undamaged, complete and returned in their original packaging and in a condition suitable for resale.
14.4 Returns shall be accepted only at the Company’s discretion, subject to applicable statutory rights.
14.5 Goods imported, specially ordered, custom-made, made-to-measure, purpose-made or already placed into production specifically for the Customer are not ordinarily returnable.
14.6 Any collection, return transport or additional delivery required as a result of circumstances attributable to the Customer shall be charged to the Customer.
14.7 Where a return or collection is required because of an error or fault attributable to the Company, the Company shall bear the reasonable cost of any lifter required for the collection or delivery.
15. Warranty and Guarantee
15.1 The Company aims to ensure that Goods supplied are of satisfactory quality and free from manufacturing defects.
15.2 Unless a different period is expressly stated on the Confirmation of Order, the Company provides a guarantee against manufacturing defects in materials and workmanship for two (2) years from the date of purchase, subject to the conditions and exclusions set out in these Terms and Conditions.
15.3 Appliances and furniture upholstered in eco-leather shall carry a two-year guarantee, unless a different period is specifically stated on the order.
15.4 Electrical parts and lights shall carry a one-year guarantee, unless otherwise specified.
15.5 Where the Customer fails or refuses to accept delivery after the Goods are ready, the Company reserves the right to consider the warranty period as commencing from the agreed delivery date or another reasonable date determined by the Company.
15.6 Where a product is confirmed to have a defect covered by the applicable guarantee, the Company may, as appropriate, repair the product, provide replacement parts, replace the defective component or carry out necessary reinstallation.
15.7 Replacement parts may have longer lead times where they need to be sourced from overseas manufacturers.
15.8 Unless replacement parts are particularly time-sensitive or hard-wearing, the Company may choose to transport replacement parts by consolidated sea freight or container shipment rather than air freight or groupage, where this is considered more appropriate.
15.9 Customers acknowledge that replacement parts transported in this manner may have lead times of approximately two to three months, depending on supplier availability and shipping schedules.
16. Warranty Exclusions
16.1 The guarantee shall not apply to defects, failure or damage caused by:
a. improper or incorrect use;
b. failure to follow the manufacturer's instructions;
c. inadequate or improper maintenance;
d. misuse, negligence or accidental damage;
e. unauthorised modification or alteration;
f. normal wear and tear;
g. damage caused after delivery through handling, moving or storage by the Customer or third parties;
h. environmental conditions outside the intended use of the product;
i. exposure to excessive heat, moisture, sunlight or other unsuitable conditions;
j. electrical problems or fluctuations where these are not attributable to the product itself; or
k. any other circumstances outside the normal intended use of the Goods.
16.2 Natural changes in colour, timber grain, veneer, fabric, leather, finishes and other materials resulting from normal use or environmental exposure shall not normally constitute a manufacturing defect.
16.3 The guarantee does not affect any statutory rights which the Customer may have under applicable law.
17. Installation
17.1 Where installation is included in the order, the Customer shall provide safe and reasonable access to the installation area.
17.2 The installation area must be ready, accessible and free from obstacles before the agreed installation date.
17.3 The Customer shall ensure that any required electrical, plumbing, structural or building works are completed before installation begins unless such works are expressly included within the Company's scope.
17.4 Additional works required due to conditions at the site which were not reasonably foreseeable at the time of quotation may be charged separately.
17.5 The Company may postpone installation where the site is unsafe, inaccessible or not sufficiently prepared.
18. Customer Responsibilities
18.1 The Customer shall provide accurate information required for the supply, delivery and installation of the Goods.
18.2 The Customer shall ensure that the premises are suitable for the Goods and that all necessary permissions, access arrangements and preparatory works have been completed.
18.3 Where measurements are provided by the Customer, the Customer is responsible for their accuracy unless the Company has expressly undertaken to carry out the measurements.
18.4 The Customer shall follow all manufacturer instructions relating to the use, care, maintenance and installation of the Goods.
19. Limitation of Liability
19.1 The Company shall not be responsible for loss, damage, delay or additional expense arising from circumstances outside its reasonable control.
19.2 Nothing in these Terms and Conditions shall exclude liability which cannot legally be excluded or restricted under applicable law.
19.3 The Company shall not be responsible for indirect or consequential losses arising from circumstances beyond its reasonable control.
19.4 The Customer remains responsible for ensuring that the Goods are used appropriately and in accordance with the manufacturer's instructions.
20. Force Majeure
20.1 The Company shall not be considered in breach of these Terms and Conditions where performance is delayed or prevented by circumstances beyond its reasonable control.
20.2 Such circumstances may include, without limitation, supplier delays, manufacturing delays, shipping disruptions, strikes, industrial action, fire, flooding, severe weather, epidemics, pandemics, shortages of materials or labour, transport disruption, governmental restrictions, changes in legislation, customs delays, machinery failure or other circumstances beyond the Company's reasonable control.
20.3 Where such circumstances occur, the Company shall use reasonable efforts to minimise the effect on the Customer and complete its obligations as soon as reasonably practicable.
21. Cancellation and Termination
21.1 Once an order has been confirmed, cancellation shall only be accepted with the Company's written agreement.
21.2 Where cancellation is accepted, the Company reserves the right to retain amounts necessary to cover Goods already ordered, manufactured or committed, together with reasonable administrative, transport, storage and other costs incurred.
21.3 Deposits paid for custom-made, special-order, imported or on-order Goods shall be non-refundable except where otherwise required by applicable law.
21.4 Where the Customer fails to make payments when due, the Company may suspend or cancel outstanding deliveries and/or services.
22. Credit Notes
22.1 Where the Company issues a credit note, the credit note shall be valid for the period specified on the credit note.
22.2 Unless otherwise stated, credit notes shall not be exchanged for cash and may only be used in accordance with the Company's applicable credit-note conditions.
22.3 The Company reserves the right to require proof of identity and proof of entitlement before accepting a credit note.
23. General
23.1 These Terms and Conditions, together with the relevant quotation, Confirmation of Order and any specific written agreement between the Company and Customer, constitute the agreement relating to the relevant purchase.
23.2 If any provision is found to be invalid or unenforceable, the remaining provisions shall continue to apply to the fullest extent permitted by law.
23.3 Failure by the Company to enforce any provision immediately shall not constitute a waiver of its right to enforce that provision at a later date.
23.4 The Company reserves the right to amend these Terms and Conditions from time to time. The Terms applicable to an order shall be those accepted by the Customer at the time of confirmation of that order, unless otherwise required by law.
24. Governing Law
24.1 These Terms and Conditions shall be governed by and interpreted in accordance with the laws of Malta.
24.2 Any dispute arising in connection with these Terms and Conditions shall be subject to the applicable jurisdiction and dispute-resolution procedures under Maltese law.