Last Updated: 19/05/2023
TERMS & CONDITIONS
These terms and conditions (the “Terms and Conditions”) govern the use of https://www.okmedical.com.mt/ (the “Site”). This Site is owned and operated by OK Medical Ltd. This Site is an ecommerce website.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
- INTELLECTUAL PROPERTY
All content published and made available on our Site is the property of Ok Medical Ltd and the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
The online store at https://www.okmedical.com.mt/ (“the Store” or “the Website”) is operated by OK Medical Ltd, company organized in Malta with registration number C46987 and with registered address at 4, Timber Wharf, Marsa MRS1443, Malta, hereinafter referred as “OK Medical”, “we”, “us” and “our”).
These terms and conditions (the “Terms” or the “Contract”) govern the use of the Store and the purchase of Products from the Store and form the contract between you and OK Medical for the purchase of Products from the Store.
We urge you to read the Terms carefully before using the Website and/or purchasing from the Store. By visiting the Website and placing an order on the Store, you are aware that you are bound by these Terms. If you do not agree with these Terms, you should not visit the Website and/or purchase from the Store.
If you are purchasing as a consumer, meaning other than in the course of a trade, business, craft or profession, you have the right to withdrawal from the Contract, as outlined at section 8 hereunder.
This Contract is concluded electronically, and its only linguistic version is that in the English language.
These Terms may be modified from time to time. It is your responsibility to read them periodically, as the current Terms at the time of formalisation of the relevant Contract or of use of this Website shall be those that apply.
If you have any query regarding the Terms, you may contact us at:
Tel: +356 21470200
- YOUR OBLIGATIONS
3.1 When you use the Website and place an order on the Store, you agree:
i) To use the Website to make legally valid orders only;
ii) That you are over the age of 18 and are legally eligible to enter into contracts,
iii) Not to make any false or fraudulent orders. If an order of this type may reasonably be considered to have been placed, we shall be authorised to cancel it and take any measures necessary in this regard, including informing the pertinent authorities;
iv) Not to use the Products for any illegal or unauthorized purpose nor, in the use of the Store, violate any laws (including but not limited to copyright laws).
v) Not to transmit any malware or viruses or any code of a destructive nature; and
vi) To provide us with your contact details and delivery address truthfully and exactly.
3.2 You also agree that we may use this information to contact you if necessary. Please familiarize with our to learn about the data processing activity related to this Contract.
3.3 A breach or violation of any of the Terms and especially of the obligations under this section 2 by you will result in an immediate termination of the Contract.
4.1 The Products offered for sale on the Store are Medical Consumables and Devices. Products of other brands may be on sale on the Store from time to time. The list of Products and brands will be changed or updated from time to time. Sale items and promotional activity are at the discretion of OK Medical and will change from time to time. These may include the same Product which may be on sale one day and not on the sale the next.
4.2 You are informed about the main characteristics of the Products, such as colour, size, model and pricing, before you place an order. However, all brochures, specifications, drawings, catalogues, particulars, shapes, descriptions, illustrations and other advertising matter are intended only to present a general idea of the Products described in them and the images of the Products on the Website or otherwise are for illustrative purposes only.
- PRICES AND PAYMENT
5.1 The price of the Products (the “Price”) is that displayed in Euros (EUR) on the Website at the time OK Medical receives your order.
The Price is subject to change at any time, but the changes shall not affect the orders that were submitted prior the change.
5.2 You need to pay in advance and prior to the delivery the full amount of the order, including the cost of Products, VAT and delivery fee.
5.3 After you have placed the order, you will receive a confirmation email stating that the order has been successfully placed and the Contract has been concluded. The confirmation email will include a summary of the order.
5.4 Although we make every effort to ensure that the Price of the Product featured on the Store are correct, errors may occur. If we discover an error in the price of any of the products that you have ordered, we will inform you as soon as possible and give you the option of confirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be considered cancelled and all amounts paid will be reimbursed to you in full.
5.5 Once you have selected all Products that you wish to buy, those will be added to your shopping basket and the next step will be to process the order and make payment. To that end, you must follow the steps of the purchase process, filling up or verifying the information requested in each step.
Payment for the Product/s can be made by credit card. Charges will be made to the relevant account when OK Medical confirms your order.
- SHIPPING AND DELIVERY
When you purchase goods from our Site, the goods will be delivered through one of the following methods:
i. Standard Delivery (1 – 5 business days).
Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforeseen circumstances. Please note that delivery times do not include weekends and statutory holidays.
ii. Delivery Charges:
If your total purchase amount is below €50, a delivery charge of €5 will be applicable in addition to the price of the goods.
If you purchase heavy equipment that can be delivered to the ground floor, we offer free delivery. For deliveries to higher floor levels requiring a lifter, please inform us in advance so that appropriate arrangements can be made. This will be provided against an additional charge.
You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.
Refunds for Goods
We do not provide cash refunds for purchased products. Instead, we offer credit vouchers for products returned within 14 days of receiving your goods.
Exchanges: We accept exchange requests for goods purchased from our website for the following reasons:
i. Unused and unwanted goods;
ii. Good is broken;
iii. Good does not match description; or
iv. Goods is the wrong size.
Exchanges do not apply to the following goods:
i. Toiletry Equipment due to hygiene reasons.
Returns can be made in person at the following location(s): Ok Medical Swatar, Birkirkara.
9. TRANSFER OF RISK
You will take ownership of the Products when we receive full payment of all amounts due in relation to the same, including delivery fees. The Products risks shall be your responsibility from the moment of your physical possession of the Products.
You agree to indemnify, defend and hold harmless OK Medical and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
- TERM AND TERMINATION
This Contract is concluded when you receive confirmation of your order for our end and terminates once you have received the Products. Your rights, including withdrawal and guarantees, obligations and liabilities and those of OK Medical incurred prior to the termination shall survive the termination of this Contract for all purposes.
You may terminate these Terms at any time by notifying us that you no longer wish to use the Store. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this Contract at any time without notice and you will remain liable for all amounts unpaid to and including the date of termination; and/or accordingly may deny you access to the Store (or any part thereof).
- ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this site or in respect to the Store constitute the entire agreement and understanding between you and us and govern your use of the Store, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against OK Medical which is the drafting party.
- GOVERNING LAW AND SETTLEMENT OF DISPUTES
14.1 These Terms and any separate agreements whereby we provide you services in connection with the purchase of the Products from our Store shall be governed by and construed in accordance with the laws of Malta.
14.2 In case of disputes, you may seek an out-of-court settlement submitting complaints and claims using the contact details given at section 1, which we will handle as soon as possible and within the legally determined period.
In line with Regulation (EU) 524/2013, you may also settle any consumer dispute with us through the online dispute resolution platform accessible at here.
In case of judicial litigation, Maltese Courts shall have jurisdiction over any dispute that may arise from this Contract.
- CONTACT DETAILS
Please contact us if you have any questions or concerns. Our contact details are as follows:
OK Medical Ltd. Triq it-Torri c/w Triq il-Qattus Swatar, Birkirkara BKR 4011
You can also contact us through the feedback form available on our Site.