Terms & Conditions

Terms & Conditions of Sale

This agreement sets out the terms and conditions relating to the purchase of goods and/or services from SG Solutions, as hereunder defined. In effecting purchase, the Customer, as hereunder defined, expressly consents and accepts to all the terms and conditions stated herein.

This agreement sets out the terms and conditions between (a) S G Solutions Limited a company registered under the laws of Malta with registration number C 5521 and whose registered office is at Triq Dun Karm (Birkirkara By-Pass), Birkirkara BKR 9035, Malta ( “SG Solutions”), and (b) the customer who has purchased the Goods as defined below (the “Customer”). Hereinafter, SG Solutions and the Customer shall collectively be referred to as the “Parties”.

This agreement (the “Terms and Conditions”) aims to provide a clear definition of the terms and conditions of sale by SG Solutions to the Customer.

The Sellers distinguishes between customers who are consumers as defined in the Consumers Affairs Act (Chapter 378, Laws of Malta) (the “Act”) and those customers which are not. Where the Customer is a consumer as defined in the Act, and may avail him/herself of the provisions of the Act, the purchase (being the subject matter of these Terms and Conditions) is affected solely for personal use and not for any other purpose.

Basis of Purchase (Goods and Services)

Where the Customer has purchased goods from SG Solutions, the Customer purchases the goods indicated in the cash sale receipt (hereinafter the “Goods”).

Where the Customer has requested SG Solutions to provide services in respect of the repair or maintenance of any products (hereinafter the “Services”) the Customer acknowledges that such services shall be as set out in the invoice issued to the Customer.

These Terms and Conditions are applied to the exclusion of (a) any previous terms and conditions given, or (b) any terms and conditions which may have been set out or indicated in any quotation given to the Customer, or (c) any advertisement, promotion, campaign or other price indication.

Whilst SG Solutions shall use its best efforts to ensure that all information given to the Customer is accurate and correct, SG Solutions shall in no manner be responsible for any incorrect information provided, for example, due to genuine errors in pricing. The price stipulated at the time of purchase shall constitute the accurate price for the Goods purchased by the Customer.

Payment and Price

Payment for Goods is generally effected upon purchase. However where the Goods require product customisation, SG Solutions may take a deposit of an amount it determines, and thereafter payment of the balance is to be effected upon collection in store of the Goods. Where it is agreed that the Goods are to be delivered to the Customer, no delivery shall be effected until payment has been received in full by SG Solutions. SG Solutions reserves the right to determine the manner and method of payment.

Payment for Services is generally effected upon completion of the Service. However, SG Solutions reserves the right to take either a deposit of an amount it determines and thereafter payment of the balance is to be effected upon collection or return of the product, or to take an estimated full amount up front, given the nature and complexity of the Service to be carried out. The Customer is aware that during its performance of the Services, SG Solutions may encounter repairs which were not evidently apparent at the time the Customer’s product or equipment was accepted for Services. The Customer in submitting to the Service is unilaterally instructing SG Solutions to effect all repairs, however, if in the sole opinion of SG Solutions, the continuation of the provision of the Services consisting in maintenance or repairs will result in a substantial increase in costs to the Customer, SG Solutions shall inform the Customer accordingly.

The price for the Goods and/or Services is the price indicated to the Customer on the cash sale receipt. The total price for the Goods or Services is inclusive of value added tax, where applicable. The Customer may give SG Solutions his/her VAT registration number. It is the responsibility of the Customer to confirm a valid VAT registration number and that any reverse charge of VAT claimed by the Customer is in accordance with law.

VAT is payable at the applicable rates by the Customer. Where the Goods are to be delivered, the Customer accepts the delivery costs indicated on the invoice or cash sale receipt.

Payment must be effected by credit card, cheque or cash, as SG Solutions may at its sole discretion determine. The Customer acknowledges that any failure to effect payment or have payment validated by SG Solutions will result in a failure to hand over the Goods or products pursuant to a Service, or delivery where it is agreed that such Goods are to be delivered to the Customer. SG Solutions reserves the right to charge interest at the maximum rates allowed by law in the event that any payment is outstanding for whatever reason.

The Customer is not entitled to withhold any payment of any invoice or other amount due to SG Solutions and the Customer by reason of any right of set-off or counterclaim which the Customer may have or alleges to have against SG Solutions, or for any other reason whatsoever.

SG Solutions shall remain the owner of and retain title and possession over the Goods or the products subject to Service until complete payment of the price. For the avoidance of doubt, the risk of loss or deterioration of the Goods during any delivery is at the sole risk of the Customer and accordingly the above mentioned provision does not protect the Customer from the risk of loss or deterioration of the Goods due to the retention of title clause, and it equally does not protect the Customer from the risk of eventual damage to the Goods.

In the event that any Customer fails to pass through any fraud, credit, security or similar checks that SG Solutions carries out, SG Solutions reserves the right to demand payment in a manner it deems appropriate.

Customer Responsibilities

The Customer should ensure compatibility of any Goods offered for sale or sold by SG Solutions with any other components within the Customer’s system or with any other Goods sold by SG Solutions to the Customer.

It is the responsibility of the Customer to ensure proper and correct installation of any Goods purchased. It is also the responsibility of the Customer to ensure wherever and whenever it is necessary to download any upgrades to the Goods purchased (including any drivers or manuals). SG Solutions will not have any responsibility to advise the Customer of any upgrades or manufacturer modifications to the Goods purchased.

It is the responsibility of the Customer to first back up any content and/or information before any Services are effected. The Customer is hereby made aware of the likelihood that data saved on a hard disk or other storage medium may be lost or reformatted during any repair. SG Solutions will not be responsible for any loss or damage to any programs, data or other information stored on any medium or on any part of the products which are Services.

Collection and Delivery

Where practicable and where Goods are available and in stock, such Goods are to be collected in store by the Customer at the point of purchase. Similarly, pursuant to a Service, products are to be collected in store and cannot be delivered. In remote cases, where Goods are not collected in store at the point of purchase and it is agreed between the Parties to effect delivery to an address indicated by the Customer, Goods will not be delivered to any address outside of Malta and Gozo. Goods are subject to stock and availability and will only be delivered once available. Subject to stock and availability, SG Solutions will use its best endeavors to deliver Goods within thirty (30) days of purchase.

Return Policy

SG Solutions will not accept the return or refund of any Goods, where such Goods consist in:

Goods that may be copied (such as multimedia devices, CDs, DVDs, software or games) if the return request is made after any applicable period prescribed by law and/or if the packaging was unwrapped, unsealed, opened, torn, marked and/or if the item was used;
Recording devices (such as game consoles, video boards, MP3 players), mobile phones and tablets (including all iOS devices, hard drive disks, USB flash drives, memory modules) if the return request is made after any applicable period prescribed by law and/or if the packaging was unwrapped, unsealed, opened, torn, marked and/or if the item was used or installed;
“Abstract” or Downloadable software products;
Service contracts after the service has been fully performed if the performance has begun with the Customer’s prior express consent, and with the acknowledgement that he will lose his right of withdrawal once the contract has been fully performed by the trader;
Goods that are, after delivery, according to their nature, inseparably mixed with other items;
Sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery;
Digital content which is not supplied on a tangible medium if the performance has begun with the Customer’s prior express consent and his acknowledgment that he thereby loses his right of withdrawal;
Goods which have been made to Customer’s specifications and/or which are personalised;

If the returned Goods are received and accepted by SG Solutions, and depending on the nature of the Goods, the available stock and the Customer’s wishes, SG Solutions at its discretion offer the Customer one or more of the following options; either (a) exchanging the original item for another one of equal value or (b) issuing a refund using the same means of payment as the Customer used for the initial transaction, unless otherwise expressly agreed between the Parties, and such alternative means of payment does not incur any fees to SG Solutions as a result of such reimbursement.

Notwithstanding the above, the Quality Service department of SG Solutions is not an appraiser. Any Goods with flaws, defects or problems may be sent to the appropriate manufacturer’s after-sales department. In this case, the applied procedures will be the ones expressly recommended by the manufacturer.

Goods are ordered as a whole unit. If the Customer wishes to return any Goods this must be done for the entire unit. No partial return will be accepted and SG Solutions reserves the right to not accept such Goods or return the Goods to the Customer.

Where the Customer is a consumer under the Act, the Customer may also avail him/herself of the provisions of article 9 of Directive 2011/83/EC of the European Parliament and Council, whereby such Customer is entitled to fourteen (14) calendar days retraction or withdrawal period starting from the date that the Customer received the Goods.

The Customer expressly agrees that SG Solutions is entitled, at its sole discretion, to deduct the price of consumed items (such as video tapes, ink cartridges, batteries, paper provided with a printer, video projector lamp), damaged items (such as a damaged lens cap, a written-on manual) or missing items (such as an-EU plug adapter, styli, memory cards) from any refund paid to the Customer pursuant to an accepted return of Goods. Any fees or charges in connection with the return of Goods shall be borne by the Customer.

Warranties (Goods)

Where the Customer has purchased Goods:

SG Solutions warrants to the Customer that the Goods are of merchantable quality and fit for the purpose held out by SG Solutions. The warranty is restricted to damage(s) and malfunction(s) in the Goods as a result of the manufacturing process of the Goods sold by SG Solutions to the Customer.

The warranty for the Goods granted to the Customer by SG Solutions does not extend to (a) any consumables, (b) any third party hardware, software, features, parts or accessories used with the Goods not directly sold to the Customer by SG Solutions, (c) any Goods which have a damaged or tampered with serial number, (d) any damage(s) or malfunction(s) due to (i) natural disasters, accident, misuse, normal wear and tear, abuse, negligence or modification of the product or part thereof, (ii) improper operation or unauthorised maintenance or repair, (iii) damage due to supply voltage usage or power surges, (iv) use of components which are not approved by SG Solutions, (v) the unauthorised use of any software, the use of any software not purchased from SG Solutions, the use of any software resulting in any virus, trojan, spyware, malware or similar.

The warranty granted by SG Solutions shall be for a period of ONE YEAR, provided that this warranty is extended to TWO YEARS, where the Customer is a consumer as defined under the Act. The warranty shall commence from the moment of delivery of the Goods. For the avoidance of doubt, the repair or replacement of any Goods under warranty shall not result in a new warranty period or the current warranty period for the Goods being extended or commencing afresh.

Where SG Solutions determines that the Customer has a valid claim under warranty, subject to the rights granted to the Customer is terms of the Act, if applicable, SG Solution shall at its discretion determine whether the relative Goods are to be repaired or replaced either with a new or new with the possibility of refurbished parts that are equivalent in performance and reliability to a new part. In all cases, the original invoice or cash sale receipt should be submitted by the Customer with any warranty claim.

There are no other warranties, terms or other conditions binding upon SG Solutions except as expressly stated in these Terms and Conditions. The Goods sold by SG Solutions are usually covered by a warranty insured exclusively by the manufacturer of the Goods. The terms and conditions of such warranties are stated in the warranty leaflet included with the manufacturer’s terms and conditions. If the Customer qualifies as a Consumer under the Act, this warranty is supplementary to the warranty provided by SG Solutions and does not affect your statutory rights afforded at law.

Warranties (Services)

Where the Customer has requested a Service:

SG Solutions warrants and undertakes to the Customer to perform the Services with reasonable care and skill and within a reasonable time of being so requested by the Customer, having due regard to the complexity of the Services and to ordering any components not held in stock by SG Solutions.

SG Solutions does not warrant that the Services will cause any products or equipment of the Customer to operate without interruption or error.

Liability

SG Solutions shall not be liable to the Customer for any breach of or failure to or delay in performing its obligations as set out in these Terms and Conditions which arise beyond the control of SG Solutions. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond SG Solutions’ control: (a) Act of God, explosion, flood, tempest, fire or accident, (b) war or threat of war, sabotage, insurrection, civil disturbance or requisition, (c) acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary, state or local authority, (d) import or export regulations or embargoes, (e) strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of either of the Parties or any third party), (f) difficulties in obtaining raw materials, labour, fuel, parts or machinery, (g) power failure or breakdown in machinery.

The liability of SG Solutions is excluded to the fullest extent provided under applicable law and accordingly shall be limited to damages arising from (a) the direct fault, (b) fraud, or (c) gross negligence on the part of SG Solutions. In any event, SG Solutions shall not be liable for any death or personal injury, any breach of the obligations implied by applicable compulsory national laws as to title, loss of income, loss of profits, loss of contracts, loss of data, loss of sales, loss of goodwill or reputation, loss of business, third party claims, pure business loss, or for any indirect or consequential damages of any kind howsoever arising whether from the performance or non-performance of SG Solutions obligations. Furthermore, SG Solutions shall not be responsible or liable to the Customer arising from the Customer’s incorrect or inappropriate use of the Goods, or from any reliance, information or instructions given as to the use of the Goods which have not directly emanated from SG Solutions.

Where liability in terms of these Terms and Conditions is attributable to SG Solutions, such liability shall be limited to the maximum amount payable by the Customer for the Goods or the Services giving rise to such liability. This provision shall not effect the statutory rights of the Customer, where such qualifies as a consumer under the Act.

Data Protection

In purchasing the Goods or in requesting that a Service is carried out, the Customer agrees and consents that SG Solutions may store, process and use personal information and other data collected on the Customer for any communication purpose with the Customer relating to the Goods or Services, for any matter related to these Terms and Conditions (for example the data storage of warranty periods).

Furthermore, the Customer also hereby agrees and consents to SG Solutions sharing personal information and other data collected with other companies in the group to which SG Solutions forms part in compliance with applicable Data Protection legislation. Should the Customer wish to have access to the information and data held, to effect any changes to such data, or to cease to receive any marketing or promotional material from SG Solutions or any other company in the group, the Customer is requested to inform SG Solutions by email on [email protected].

Moreover, the Customer also hereby agrees and consents that for the better carrying out of services by SG Solutions as well as for training purposes and/or in order to improve the quality of customer services, SG Solutions may monitor and/or record communications, including any telephone calls made to or by SG Solutions.

Severability

If any provision of these Terms and Conditions is agreed by the parties to be illegal, void or unenforceable under any law applicable hereto or if any court of competent jurisdiction in a final decision so determines, these Terms and Conditions shall continue in force save that such provision shall be deemed to be excised herefrom, with effect from the date of such agreement or decision or such earlier date as the Parties may hereby agree.

Governing Law

These Terms and Conditions are governed exclusively by the laws of Malta. Any dispute, controversy or claim arising out of or relating to these Terms and Conditions, or the breach, termination or invalidity thereof, shall be settled exclusively by the Maltese courts.

General

SG Solutions may assign, transfer or sub-contract any rights or obligations under these Terms and Conditions to any third party. The Customer however is not entitled to assign, transfer or sub-contract any rights or obligations under these Terms and Conditions without the express written consent of SG Solutions.

SG Solutions reserves the right to amend these Terms and Conditions from time to time. Provided that such amendment shall be (a) published on its website: http://www.sgsolutions.com.mt and (b) such amendments shall not be more prejudicial to the rights of the Customer. No other variation or amendment to these Terms and Conditions shall bind either Party unless agreed to in writing by duly authorised by both Parties.

The headings in these Terms and Conditions are for convenience only and shall not have any legal or interpretative effect.

These Terms and Conditions govern the entire relationship between the Parties and will remain in force for the duration of the trading relationship in relation to the Goods. All previous agreements, undertakings, commitments, undertakings or representations on the part of the Parties are hereby superceded.

No intellectual property rights in connection with the Goods shall devolve upon the Customer. SG Solutions, or the manufacturer as the case may be, shall be the sole owners and/or licensors of such intellectual property, including any trademarks, patents or other similar rights.

You, the Customer in purchasing the Goods or in requesting SG Solutions to carry out Services are expressly confirming that you have fully read and understood these Terms and Conditions and are aware of the contents thereof, including your obligations and the warranties and limitations on liability set out herein.

Terms & Conditions of Website

The Terms and Conditions herein stated are applicable any time you access our website, place a request for order and purchase goods from us.

This agreement sets out the terms and conditions between (a) SG Solutions Limited, a limited liability company established under the laws of Malta with Company Number C 5521 and whose registered office is at Triq Dun Karm (Birkirkara By-Pass), Birkirkara BKR 9035, Malta (hereinafter “SG Solutions”, “SG” or “Us”), VAT number [insert number], and (b) the customer who has accessed SG Solutions’ website, placed a request for an order and/or purchased goods, as applicable.

NB: SG distinguishes between the Customers who are Consumers as defined in terms of the Consumers Affairs Act (Chapter 378 of the Laws of Malta) (the “Act”), and those which are not. A Consumer buys solely for his own individual use.

The aim of the present terms and conditions (hereinafter the “Terms and Conditions”) is to provide a clear definition of the terms and conditions of sale between SG and its Customers. Under the terms of this agreement, the Customer is understood to be any person or legal entity having made a purchase via the website www.sgsolutions.com.mt whether an individual or a legal person. In the event that the terms of this agreement have a different application to a Consumer such a difference is expressly stated.

Request for Order

These Terms and Conditions will govern the purchase of goods listed on the website as available on the date the request for order is placed. Application of the relevant terms in these Terms and Conditions commences at the moment the request for order is placed by You, whether through the Internet, by e-mail, by telephone, by fax or posted mail. Should the terms of this agreement differ due to the manner in which the order was placed, such a difference is expressly stated.

As the acquisition of goods available on the website of SG is not a commonplace act, any Customer of SG declares that he/she has the capacity to contract on the hereinafter terms and conditions and/or is duly authorised to enter into this Agreement.

By submitting the request for order the Customer automatically and “ipso iure” agrees to accept the present Terms and Conditions. However the applicable terms in these Terms and Conditions are only applicable to and binding on SG once the order is confirmed by Us. These Terms and Conditions are applicable to the exclusion of (a) any previous terms and conditions given, or (b) any terms and conditions which may have been set out or indicated in any quotation given to the Customer, or (c) any advertisement, promotion, campaign or other price indication, unless otherwise agreed to in writing by both parties.

Purchasing by e-mail, telephone, fax, or posted mail implies the acceptance of the present Terms and Conditions.

These Terms and Conditions are available on SG’s website. You may print or save these Terms and Conditions via this link or if you are a Consumer you may request us via email on [email protected] to send you a copy accordingly. Upon request we may send you a copy of these Terms and Conditions by e-mail, fax, or posted mail upon request.

Without prejudice to the above, the listing of our products on the website shall not be deemed to be an invitation by Us for you to purchase from Us. Information contained in our advertising or other promotional materials, brochures or other written materials, on our web sites or given to you by our agents or employees constitute an invitation to treat. No such information constitutes an offer by us to supply any goods.

Your request for order is a request by you to Us to check availability of the goods requested by you and to indicate to you the final price and other conditions which will enable you to purchase. Your request for order will be deemed to be an offer to us to purchase the goods you indicated. You understand that confirmation of the order is at our discretion.

If we accept your Order, we will notify you of our acceptance by issuing an email with an order confirmation. We will send your order confirmation by e-mail provided you have indicated an email address. Otherwise we will send the order confirmation by post. Our order confirmation will be effective upon sending.

To the extent possible we will use our best endeavors to confirm the request for order and your purchase.

Wherever this is not possible we will advise you by e-mail and offer you alternative goods of similar specifications and description.

You may accept our offer by e-mail within the period stated, in which case there will be a concluded agreement between us.

Non-confirmation of a Customer’s order may be for any one or more of the following reasons:

The goods (s) ordered are no longer in stock or are no longer available; or
The price of the goods has changed, there has been identification of a pricing error or other error in the order; or
The Customer’s payment in respect of the order is not authorised by the Customer’s payment card issuer or is otherwise rejected/not accepted; or
The Customer fails SG’s fraud checks and/or, creditor security checks.

Once a Customer’s order is accepted and confirmed, SG will ordinarily dispatch goods as soon as they are in stock; orders are dispatched on a first in first out basis dependent upon the time required to process the order and receive payment and is conditional upon receipt of payment in cleared funds and satisfactory passing of creditor security checks.

In the event that you fail SG’s third party fraud, credit and/or security checks SG may demand payment by bank transfer.

Your Responsibilities

It is your responsibility to ensure compatibility of any goods offered for sale by us both with the existing components within your system and with any other goods offered for sale by us. I

t is your responsibility to ensure proper installation of our goods in your existing system.

It is your responsibility to ensure that wherever and whenever necessary you access the manufacturer’s web site to download any necessary product upgrades (including drivers and manuals).

SG Solutions will not have any responsibility to advise the Customer of any upgrades or manufacturer modifications to the goods purchased.

Payment and Price

We shall not be bound to deliver the goods until you have paid for them. Payment shall be due when the agreement is concluded between us.

The price for the goods will be the price indicated on your Invoice and is inclusive of Value Added Tax.

Documentation is enclosed with the goods to confirm whether or not VAT was charged and the rate at which it was applied.

Upon placing a request for order, the Customer is to give his VAT registration number, after which our sales department attends to validating this number. The Customer is aware and accepts that VAT will be applied to any order for which a VAT registration number was not given or validated by our sales department.

VAT is payable by you at the applicable rate as indicated on the Invoice.

Delivery costs, where applicable, are payable by you as indicated on your Invoice.

You may pay for your goods by the methods of payment as may be displayed on the payment section of the Web Site from time to time.

SG reserves the right to charge interest up to the maximum rate allowed by law as well as to refuse a delivery or honour an order from a Customer who has outstanding dues in respect of a previous order/s whether partly or in full previous order or with whom a dispute is in progress.

Payment of the price and value added tax needs to be settled prior to dispatch of goods.

Interest on overdue invoices shall accrue daily from the date when payment becomes due until the date of payment at the maximum rate allowed in terms of law.

If you fail to make any payment on the due date then without prejudice to any of our other rights we may, suspend or cancel deliveries of any goods and/or appropriate any payment made by you to such of the goods (or goods supplied under any other contract with you) as we may in our sole discretion think fit.

You may not withhold payment of any invoice or other amount due to us by reason of any right of set off or counterclaim which you may have or allege to have or for any other reason whatsoever.

Title of goods or merchandise remains vested with SG until complete payment of the delivered goods is made. This being said, upon delivery of the goods, the above mentioned provision does not protect the Customer from the risk of loss or deterioration of the goods due to the retention of the title clause, and it equally does not protect the Customer from the risk of eventual damage to the merchandise.

The request for order form filled out online by the Customer cannot be considered as an invoice. Subsequent to receipt of order, confirmation summary of order will be sent electronically. Regardless of the purchase or payment methods, Invoice shall be sent to Customer simultaneously with dispatch of goods. The Customer is responsible for the information provided. No changes will be made on invoices by SG after dispatch. A digital copy of each invoice is registered in SG’s data base.

Delivery, Cancellation and Returns

Goods will not be delivered to any address outside of Malta and Gozo.

Goods, subject to stock and availability will ordinarily be delivered within 30 days from confirmation of order.

Goods are ordered as a whole unit. If the Customer wishes to return any goods this must be done for the entire unit. No partial return will be accepted and Sg Solutions reserves the right to not accept such goods or return the goods to the Customer.

Prior to returning an order, the Customer must inform SG of his/her desire to do so. The time allowed for the Customer to contact the Customer Care department depends on the nature of the return. Goods shall be returned to the outlet of SG situate at Triq Dun Karm Birkirkara.

If the return is made without a valid reason, the item may be rejected and sent back to the Customer at the Customer’s expense. The reason for the return may be amended. Should this be the case, the Customer will be informed by e-mail and his/her return will be treated according to the newly amended reason.

The Quality Service department of SG is not an appraiser. A device with flaws, defects or problems may be sent to the appropriate manufacturer’s after-sales department. In this case, the applied procedures will be the ones expressly recommended by the manufacturer.

Any return of any good for whatever reason will only be acceptable by SG if accompanied by the relative invoice.

If the goods which are still under warranty, develop a fault after the first 30 days following receipt, the Customer has a right to return the goods to us so that we can send them off to be repaired under warranty on his/her behalf. No refund will be authorised for returns after 30 days of purchase. This does not affect the statutory rights of the Consumers at law.

If the Customer decides to return the goods, which are still under warranty, at his cost, once the parcel is received and accepted, SG shall issue a credit equal to the amount of such fees, should the postage fees be known to SG,. Should the postage fees be unknown to SG, the Customer will be asked for proof of the expenses incurred so that a related credit can be issued.

In order to meet Customer’s satisfaction, SG may offer sending its own carrier to withdraw the parcel from the Customer.

In compliance with article 9 of the DIRECTIVE 2011/83/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL, the Consumer is entitled to a fourteen (14) calendar day retraction/withdrawal period starting from the date they receive the product(s) enabling him/her to return any item that may not suit his/her needs.

To exercise the right of withdrawal, the Consumer must inform SG of their decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by fax to 21442128 or by email to [email protected] and present the original invoice.

The Consumer will be allowed to choose between having the returned goods replaced or receiving a refund without any penalty, with the exception of return fees. The Consumer is therefore entitled to a fourteen (14) calendar day period to inform SG that it is his or her wish to cancel his or her order. Provided that in the case where the Consumer has bought the goods through the use of PayPal then a refund without penalty will be given to the Consumer after the said cancellation.

The Consumer shall send back the goods not later than 14 days from the day on which they have communicated their decision to withdraw from the contract.

When appropriate, the refund will be effected using the same means of payment as the Consumer used for the initial transaction.

SG may withhold the reimbursement until they have received the goods back in accordance with these Terms and Conditions.

The Right to Retract is not exercisable when it is unlikely that the returned items will be resold.

Goods must be returned in pristine condition and, in the original packaging – still sealed – in order to be resold.

The item must be returned with all its accessories (user’s manual, cables, remote control, warranty card, CD software etc).

Sealed goods which are not suitable for return due to health protection or hygiene reasons and which were unsealed after delivery are excluded and cannot be returned.

Should the Consumer fail to comply with the above and/or with the terms and conditions applicable for cancellation, the good/s will be returned to the Consumer, at his/her expense.

SG may apply a fee for any loss of value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.

The Consumer must systematically state his order reference, invoice number and his name and complete address in order to ensure efficient processing of the cancellation request.

Specific conditions impeding the right to retract

No return will be accepted for:

Items that may be copied (Multimedia devices, CDs, DVDs, software, games, …) if the return request is done after the deadline and/or if the packaging was unwrapped, unsealed, opened, torn, marked and/or if the item was used;
recording devices (game consoles, video board, MP3 player, mobile phone, hard drive disk, USB flash drive, memory module) if the return request is done after the deadline and/or if the packaging was unwrapped, unsealed, opened, torn, marked and/or if the item was used or installed;
“Abstract” or Downloadable software products;
Goods which are, after delivery, according to their nature, inseparably mixed with other items;
Sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery;
Digital content which is not supplied on a tangible medium if the performance has begun with the consumer’s prior express consent and his acknowledgment that he thereby loses his right of withdrawal.
Goods which have been made to consumer’s specifications and/or personalised.
Once the parcel is received and accepted by SG, and depending on the nature of the item, the available stock and the Consumer’s wishes, SG will offer the Consumer the option of exchanging the original item for another one of equal value.
Alternatively, SG will issue a refund using the same means of payment as the Consumer used for the initial transaction, unless the Consumer has expressly agreed otherwise and provided that the Consumer does not incur any fees as a result of such reimbursement.
The Customer expressly agrees that SG Solutions is entitled, at its sole discretion, to deduct the price of consumed items (such as video tapes, ink cartridges, batteries, paper provided with a printer, video projector lamp), damaged items (such as a damaged lens cap, a written-on manual) or missing items (such as an EU plug adapter, styli, memory cards) from any refund paid to the Customer pursuant to an accepted return of goods. Any fees or charges in connection with the return of goods shall be borne by the Customer.

Warranty

These terms and conditions set out the full extent of our obligations and liabilities in respect of the supply of the goods.

SG Solutions warrants to the Customer that the goods are of merchantable quality and fit for the purpose held out by SG Solutions. The warranty is restricted to damage(s) and malfunction(s) in the goods as a result of the manufacturing process of the goods sold by Sg Solutions to the Customer.

The warranty for the goods granted to the Customer by SG Solutions does not extend to (a) any consumables, (b) any third party hardware, software, features, parts or accessories used with the goods not directly sold to the Customer by SG Solutions, (c) any goods which have a damaged or tampered serial number, (d) any damage(s) or malfunctions(s) due to (i) natural disasters, accident, misuse, normal wear and tear, abuse, negligence or modification of the product or part thereof, (ii) improper operation or unauthorised maintenance or repair, (iii) damage due to supply voltage usage or power surges, (iv) use of components which are not approved by SG Solutions, (v) the unauthorised use of any software, the use of any software not purchased from SG Solutions, the use of any Software resulting in any virus, Trojan, spyware, malware or similar.

Software is not covered by warranty.

Repair or replacement under the terms of warranty does not give right to extension or new warranty period

There are no warranties, conditions or other terms that are binding on us except as expressly stated in this Agreement.

Any warranty, condition or other term concerning the goods which might otherwise be implied into or incorporated in this agreement by Law or statute, or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded to the maximum extent permitted by law. In particular, we will not be responsible for ensuring that the goods are suitable for your purposes.

Where SG Solutions determines that the Customer has a valid claim under warranty, subject to the rights granted to the Customer is terms of the Act, if applicable, SG Solutions shall at its discretion determine whether the relative goods are to be repaired or replaced either with a new or new with the possibility of refurbished parts that are equivalent in performance and realibility to a new part. In all cases, the original invoice or cash sale receipt should be submitted by the Customer with any warranty claim.

Original Invoice or original cash sale issued by SG Solutions Limited must be submitted with any warranty claim.

The warranty granted by SG Solutions shall be for a period of ONE YEAR, provided that this warranty is extended to TWO YEARS, where the Customer is a consumer as defined under the Act. The warranty shall commence from the moment of delivery of the goods. For the avoidance of doubt, the repair or replacement of any goods under warranty shall not result in a new warranty period or the current warranty period for the goods being extended or commencing afresh.

We recommend that as a matter of good business practice you maintain insurance and that you maintain a back-up system and that you back up your electronic information

We are also released from delivery obligations in the event of circumstances which are entirely out of our control, i.e. carrier strikes or natural disasters.

SG recommends that the Customer check that no data (photos, videos, music data…) be left on his/her device before sending it to our Quality Service department or to the manufacturer’s technical centre. SG cannot be held responsible for loss of data.

SG refutes any responsibility or liability in the event of misuse or inappropriate use of the goods the Customer ordered.

The goods SG sells are usually covered by a warranty insured exclusively by the manufacturer. Terms and Conditions are stated in the warranty leaflet included in the box or within the manufacturer’s Terms and Conditions. IF YOU ARE A CONSUMER, THIS WARRANTY IS IN ADDITION TO AND DOES NOT AFFECT YOUR STATUTORY RIGHTS AS AFFORDED AT LAW.

Limitation of Liability

The liability of SG Solutions is excluded to the fullest extent provided under applicable law and accordingly shall be limited to damages arising from (a) the direct fault, (b) fraud, or (c) gross negligence on the part of SG Solutions. In any event, SG Solutions shall not be liable for any death or personal injury, any breach of the obligations implied by applicable compulsory national laws as to title, loss of income, loss of profits, loss of contracts, loss of data, loss of sales, loss of goodwill or reputation, loss of business, third party claims, pure business loss, or for any indirect or consequential damages of any kind howsoever arising whether from the performance or non-performance of SG Solutions obligations. Furthermore, SG Solutions shall not be responsible or liable to the Customer arising from the Customer’s incorrect or inappropriate use of the goods, or from any reliance, information or instructions given as to the use of the goods which have not directly emanated from SG Solutions.

Where liability in terms of these Terms and Conditions is attributable to SG Solutions, such liability shall be limited to the maximum amount payable by the Customer for the goods or the Services giving rise to such liability. This provision shall not effect the statutory rights of the Customer, where such qualifies as a consumer under the Act.

Data Protection

Refer to our Privacy Policy.

General

The use of SG’s site, these terms and conditions and any Agreements formed pursuant to the use of the SG site are governed exclusively by Maltese law.

SG shall not be responsible to you whether in contract, tort (including negligence) or otherwise for incidental, special, indirect or consequential loss or damage, any loss of profit (direct or indirect), loss of sales, loss of goodwill or reputation, loss of business, third party claims, pure economic loss arising out of or in connection of the performance or non-performance of SG’s obligations under these terms and conditions including such damage as may be reasonably foreseeable at the date you order the goods.

Nothing in these terms and conditions shall exclude or restrict SG’ liability for death or personal injury caused by our negligence.

SG’s liability for any claim for loss or damage shall be limited to the sum paid by you for the goods. You acknowledge that, in the circumstances, this limitation of liability is reasonable and that we have expressly represented to you that we will conclude a sales agreement subject to this liability cap, and that we would not have concluded a sales agreement had this liability cap not been agreed to.

If any provision of these terms and conditions is found to be invalid or unenforceable by a court the invalidity or unenforceability of such provision shall not affect the other provisions of these terms and conditions.

SG may assign or transfer any of our rights or sub contract any of our obligations under these terms and conditions to any third party.

You may not assign or transfer any of your rights or sub contract any of your obligations under these terms and conditions except with our specific permission in writing.

SG reserves the right to change these terms and conditions from time to time and any such changes will be communicated on our website.

These terms and conditions govern the entire relationship between you and SG and will remain in force for the duration of our trading relationship.

All intellectual property rights (including use of trade marks) shall be solely owned by SG or its licensors accordingly. You are permitted only to use material on this website as expressly authorized by SG or its licensors.

Any unauthorized use of material on this site is strictly prohibited.

These Terms and Conditions supersede all previous Terms and Conditions, representations, undertakings and agreements.