Terms and Conditions

Definitions
Unless the context otherwise requires, any word, term or expression used in these Terms of Use shall be construed according to its ordinary meaning. This shall be without prejudice to the following:

• "Cookies" shall mean a bundle of data sent from a web server to a browser and stored on the hard drive of the computer from which the browser is being accessed;
• "Company" shall mean Dake Limited;
• "Personal Data" shall have the same meaning as is attributed to it by the Data Protection Act (Cap. 440 of the Laws of Malta);
• "User" or "Users" shall mean anyone making use of the Services provided by the Company and/or anyone accessing the Website of the Company for whatever purpose;
• "Website" shall mean the website operated by the Company and having the following url - http://www.dake.com.mt

Use of Services
Use of the Services provided by the Company through its Website shall be conditional on agreeing to observe the following Terms of Use. Use of the Services provided by the Company shall entail your agreement to be bound by these Terms of Use.

Use of the Services provided by the Company shall be conditional on having access to the World Wide Web, either directly or indirectly. Payment of any fees associated with the said access shall be the responsibility of the User, who shall also be responsible for providing all the necessary equipment to connect to the World Wide Web, whatever form the said equipment may take.

Proper Use of Services
Users shall use the Services only for lawful purposes and in particular they shall not:

1. make use of any obscene, threatening, menacing, offensive, defamatory materials or such materials as are in violation of any law or regulation, in breach of confidence, harmful to minors, in breach of intellectual property right or otherwise unlawful when making use of the Services
2. impersonate any person or entity, falsely state or otherwise misrepresent affiliation with a person or entity;
3. make use of the Services so as to cause other Users or third parties to receive unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation
4. make use of the Services to knowingly or negligently transmit any electronic material that may be detrimental or/and cause any sort of damage or malfunction to the computer system of the Company or of any other User or third party; and
5. collect or store Personal Data about other Users or third parties

Any breach of the aforementioned shall entitle the Company to terminate your use of the Services.

No Refund Policy
The Company adopts a no-refund policy for all of its services. Any payment made by clients related to any of the sections within the site is non-refundable.

Policy for delivery of goods purchased
Your order is complete once you receive a confirmation email. In individual cases an order can be refused without any further motivation by the seller.

All prices of products are in Euros (€) and are exclusive of 18% VAT and delivery charges.

All orders will be processed and despatched within 48 hours of receipt of order. The goods will normally be delivered within 24 hours (except in case of unforeseen circumstances).

Of course we do our best to handle your orders with great care. The following provisions apply in case of exceptional circumstances.

You could return the damaged articles, by informing us latest within 24 hours upon receipt of goods. Thereafter, the right to return goods will expire automatically. You are responsible to bear the postal charges while returning the goods. When the cause for return of goods is due to the seller, the seller will bear the product cost.

If you want to exchange or return an article, it is possible to do so. You have the right to exchange or return the article within 7 working days, after consultation with us. The article must be intact and returned in the same packing as it was delivered. The delivery charges shall be borne by the buyer. Unstamped return packages and cash on delivery consignments are not accepted. If you have already paid the amount, this will be deducted for the delivery charges and within 14 days after actual receipt of the returned article, the amount will be deposited into the buyer's account. After the period of 7 days, exchange or return of articles will no longer be possible.

The seller does not accept any liability arising from errors in text, incorrect and incomplete information on the website and is not responsible for any loss or damage during transportation. We commit ourselves to handling your order with greatest care and reduce the risk of damage to a minimum.

Security and Data Authentication
User/s will require an account in order to be able to purchase items from the Company’s site. The details of such an account are stored within the Company’s secure database. Submitting a payment will require users to insert payment details. The webpage which collects such data is secured via HTTPS. This is the use of Secure Socket Layer (SSL) as a sub-layer under regular HTTP application layering. HTTPS encrypts and decrypts user page requests as well as the pages that are returned by the Web server. The use of HTTPS protects against eavesdropping and man-in-the-middle attacks.

Disclaimer of Warranties
The Company does not offer any warranty as to the accuracy, content, completeness, legality, reliability or operability or availability of information or material made available to and/or by Users. Nor does the Company offer any warranty as to the correct communication, presentation or display of the information made available to and/or by Users.

The Company excludes, in so far as it is allowed by law to do so, any warranty whatsoever related to the Services and in particular it does not offer any warranty as to fitness for a particular purpose and non-infringement of proprietary rights, including intellectual property rights.

Nor does the Company provide any warranties as to the integrity and correctness of the information present on its Website and as to the services advertised on the Website or advertised and/or made available through sites linked thereto.

The Company further disclaims any responsibility for any damages whatsoever which may be incurred by any User when making use of the Services. The Company disclaims responsibility for any improper use of Users' Personal Data.

The Company is not held responsible for the un-availability of the web service or any other reason which might restrict the access to the site, or Users' advertising space.

No application for the creation of a user account is accepted until such time as The Company have confirmed by e-mail that the application is successful and accepted by The Company.

Limitation of Liability
Under no circumstances shall the Company be held liable in damages of any kind whatsoever to any User as a result of both the website as well as any product or service that is promoted through the website.

Content
The Company shall not be responsible for any content displayed on the Website or any content which is linked to the Website. The Company does not make any representations concerning any effort to review the content and shall not be held liable or responsible for the accuracy, copyright or trademark compliance or legality of any content.

Intellectual Property
All rights, including copyright, in the content of the Website are owned or controlled for these purposes by the Company. Users may only download the content for your own personal non-commercial use.

Users are not allowed to copy, broadcast, download, store (in any medium), transmit, show or play in part or in whole, adapt or change in any way the content of the Website for any other purpose whatsoever without the written permission of the Company.

Changes in Terms of Use and Service
The Company reserves the right to change, alter or modify the Services from time to time, for any reason, and notice, including the right to terminate the services offered by the Company. The Company further reserves the right to change, alter or modify without prior notice the present Terms of Use.

Privacy
The Privacy Policy of the Company as stated hereunder shall not apply vis-a-vis such data and/or information as a User may disclose to another User.

Governing Law
All disagreements, issues or disputes arising from or related to the use of the Services and/or to the application, interpretation or construction of these Terms of Use shall be resolved in an amicable fashion.

Where no amicable settlement is reached within sixty (60) days, the disagreement, issue or dispute shall be referred to arbitration in terms of the Arbitration Act (Cap. 387 of the Laws of Malta). The sixty days shall start to run from when either the Company or the User shall formally notify the other party in writing of the existence of a disagreement, issue or dispute.

Indemnity and Release
Users shall indemnify the Company and its parents, subsidiaries, affiliated companies, officers and employees and hold them harmless from any and all claims and expenses, including legal fees arising from your use of the Services.

Users shall release the Company and its parents, subsidiaries, affiliated companies, officers and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever.

The Company accepts no responsibility for the content of any web site which is linked to main site of the Company, nor does The Company promote and/or recommend the advertised web site simply by the inclusion of a link.

Users are directed to a third party site for payment of services. The Company has no responsibility for the actions of that third party company, nor their use of the user's personal details as submitted to that third party.

Such indemnity does not exclude or limit the liability of The Company for any death or personal injury caused by the negligence and/or fraud of The Company.

Modification of Service
The Company shall have the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services provided by the Company, in whole or in part, with or without notice.

The Company shall not be liable to any User for any modifications, suspension or discontinuance of the Services.

Violation of Terms of Use
Violations of these Terms of Use or any other rights of the Company entitle the Company to pursue any and all legal and equitable remedies against the responsible User including, without limitation, termination of the Services.

Failure by the Company to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision or of any other rights or provisions present in these Terms of Use.

In the event that a court decides, decrees, judges or in any other way considers that one or more rights or provisions set forth in these Terms of Use are invalid, the remainder of the Terms of Use shall be enforceable and, to the extent permitted by law, the court shall give effect to the parties' intentions, as reflected in any such right or provision that has been declared invalid or unenforceable.