Agreement to our terms and conditions (the "Terms")

 

These Terms set for the terms and conditions under which you may use our website: www.rainbownco.com (the “Website”), as well as the services offered by us on this Website. This Website offers users a selection of handcrafted items and curated products. Please read these Terms carefully before using our Website and our services. By accessing or using the Website, you approve that you have read, understood and agree to be bound by these Terms.

 

In these Terms, “you” or “your” refers to users of the Website. Furthermore, any reference to “you” or “your” shall also include any person whosoever who makes use of our products or services, and henceforth, any such other person shall also be bound by the Terms herein.

 

If you do not accept and agree to be bound by all of these Terms, you should refrain from using our Website and services altogether. If you have any queries relating to the Terms, please contact us at rainbowandco43@gmail.com. 

 

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Who can use our website and requirements to create an account

 

In order to use our Website and/or receive our services, you must be at least 18 years of age, or of the legal age stipulated in the EU member state you are located in, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this Website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you. 

 

You further acknowledge and represent the following:

 

• All information that you submit on your account, including personal details, is truthful, complete and accurate and that you have the right to submit such information on the Website;

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• Should you opt to set up an account on our Website, you agree to keep your account login details secure and that you do not provide access details to third parties or place your account at the disposal of third parties to prevent unauthorised use;

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• You authorise us to transmit information for the purposes of verifying information from and through third parties, such as for the purposes of authenticating your debit or credit card information and your identity, and any other relevant validation procedures to authorise purchase transactions;

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• You will not use any other person to make purchases on the Website, unless the person is legally authorised to act on your behalf;

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• You will not use the Website for the purposes of defrauding or misleading us and other users, in an attempt to learn any sensitive account information;

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• You will not use the Website for any illegal or unauthorised purposes;

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• You shall not use any information obtained from the Website in order to harass, abuse, or harm another person;

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• Your use of the Website will not violate any applicable laws or regulations;

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• You will not harm or tarnish, in our opinion, the reputation of RAINBOW+Co, and/or the Website and its related social media accounts. You further agree to provide truthful and accurate feedback and/or reviews only if you are a direct user of our products and/or services or if you are acting in the capacity as a legal guardian or parent;

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• If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any or all current or future use of the Website (or any portion thereof).

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• You will not create registration accounts for the purpose of abusing the intended purpose of the Website, or of the functionality of the site, or other users, nor will you seek to pass yourself off as another user.

 

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Terms of our transactions with customers

 

When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it; (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

The prices we charge for using our services / products are listed on the Website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur.
 

When purchasing from our Website, you will be required to provide certain personal information such as your name, surname, address, contact details, and payment information relating to your credit or debit card / bank details. Your personal information is processed in accordance with our Privacy Policy and Cookie Policy.

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Orders

 

All orders made are subject to availability and we reserve the right to refuse and accept any order made on the Website. Communications related to the order will be addressed to the email address provided by you, and/or via telephone calls or text messaging services.

 

We will take all necessary reasonable measures to ensure that your payment and order information is secure, however we shall not be liable for any loss or damage that you may suffer if a third party acquires unauthorised access to your data provided by you in accessing, using or placing an order on the Website.

 

We accept no liability in situations where you have provided incorrect details, such as inaccurate delivery address or, where you fail to collect the delivered products from the address that you specified when placing your order. In the event that you have inputted inaccurate information inadvertently, please contact us immediately so we can rectify the situation to ensure proper fulfilment of products and services to you.

 

We retain the right to cancel any order/s submitted up to the point of delivery, in cases where the description of the item was listed incorrectly.

 

Except for our selection of curated products, all our products are made to order. You may cancel or amend your order within twenty four (24) hours from order placement by contacting us using the contact form on our website or emailing us at rainbowandco43@gmail.com. However, for orders with bespoke requests that have been processed such as face masks with monogram, we regret that cancellations are not possible due to personalised customisation.

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Delivery

 

We presently charge a flat-rate delivery fee, in addition to the total price of products ordered, depending on the location and type of delivery. We may, from time to time, offer free delivery for orders exceeding a certain threshold. Details of our product pricing, minimum thresholds, delivery options and related fees are as published on our Website and/or other electronic channels e.g. Facebook or Instagram shops.

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Our deliveries will be made between Monday to Saturday during normal working hours, excluding Sundays, national and public holidays.

 

Once products are delivered, we request that you carefully check that your order has been fulfilled satisfactorily. In the event of any discrepancies, please reach out to us immediately at rainbowandco43@gmail.com indicating the order no and discrepancies noted. We will endeavour to respond to your email within 48 hours.

 

For further information, please refer to our Shipping, Returns & Exchanges policy.

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Returns and exchanges policy

 

Please refer to our Shipping, Returns & Exchanges policy.

 

Retention of right to change offering

 

We may, without prior notice, change the products and services; stop providing the products and services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the products and services without notice and liability for any reason, or for no reason.

 

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Responsibility for products and services

 

When we receive a valid claim for a product purchased from us that is defective, we will replace the product. If we are unable to replace the product, we will offer you a suitable replacement if you choose to accept, or else, you will be entitled to a full refund upon the prompt return of the product to us. We will pay for shipment of replaced products to customer where the replaced products is due to an error on our part. However, the customer will be responsible for return shipment of the product to us.

 

Notwithstanding any provision in these Terms, nothing in these Terms affect or limit your rights as a consumer under Maltese law.

 

Our Website and the content and information therein are provided on an “As Is” and “As Available” Basis as permitted by law. We do not grant any express, implied or statutory warranties with respect to the Website. We cannot guarantee nor be held responsible for the security or privacy of the Website or any information provided to you.

 

We hereby disclaim all liability for the Website, in particular for the content displayed thereon. We shall likewise not be liable for any losses, damages or inconvenience arising from the unsuitability, unreliability, inaccuracy of the Website or the impossibility to use the Site. We cannot guarantee that the Website will be uninterrupted, secure or error free.

 

You agree that we shall have no liability of any nature, whether in contract, tort  or otherwise, for any losses and/or damages whatsoever and howsoever caused arising from or in any way connected with our services, unless such losses and/or damages are caused by our fraud, gross, negligence or wilful misconduct.

 

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Ownership of intellectual property, copyrights and logos

 

All trademarks, whether they are registered or not, as well as other intellectual property, including marks or names, images, photographs, written text or graphics, databases and other intangible assets protected by applicable international conventions and legislation on intellectual property rights, and any material or content reproduced on this Website will remain exclusively with us or our licensors. Any use thereof, including only in part, is prohibited without RAINBOW+ Co’s prior written consent, which exclusively reserves itself all relevant rights.

 

You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the Website or social media accounts connected thereto, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website.

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Right to suspend or cancel user account

 

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time.

 

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Indemnification

 

You agree to indemnify and hold RAINBOW+Co and its owner, representatives, agents, partners and suppliers harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the Website or any of the products and/or services offered on the website.

 

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Limitation of liability

 

To the maximum extent permitted by applicable law, in no event shall RAINBOW+Co and its owner, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

To the maximum extent permitted by applicable law, RAINBOW+Co assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our products and services; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

 

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Third Party Links

 

Our Site may contain links to other websites or services such as our affiliates. We are not responsible for such websites’ or services’ information and/or privacy practices. For these reasons, we cannot be held liable, whether directly or indirectly, for the privacy practices or content of such sites nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, material or services available on such third party websites or resources. We encourage you to be aware when you leave our Website and to read the privacy statements of each and every website you visit. The privacy policy of RAINBOW+Co does not apply to such linked third party websites and services.

 

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Right to change and modify the Terms

 

We reserve the right to modify these Terms from time to time at our sole discretion. Therefore, you should review these Terms periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

 

We also reserve the right to change, modify, or remove the contents of the Website, at any time or for any reason at our sole discretion without any prior notice. We also reserve the right to update, modify or discontinue all or part of the Site without notice at any time. Furthermore, we will not be liable to you or any third party for any modification, changes in product prices, suspension, or discontinuance of the Website.

 

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Promotional emails and content

 

You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you do not want to receive such promotional materials or notices – please just notify us at any time by sending an email to rainbowandco43@gmail.com or by clicking ‘unsubscribe’ on our mailing list. 

 

When available, you may use any discount coupons or promotional codes by applying the code when completing the purchasing order. The discount/promotion will be applied automatically on our Website.

 

All discount coupons or promotional codes are to be strictly used in accordance to the terms and conditions upon which they were issued, including terms of eligibility.

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Our discount coupons and promotional codes are only valid for a single order i.e. they are single use coupons/codes. With each order, you may only use one discount code and it shall be within our sole discretion to reject or cancel your order when you use more than one discount code when purchasing an order.

 

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Preference of law and dispute resolution

 

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Malta, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Malta.

 

Any dispute arising from or relating to the interpretation, execution, validity or efficacy of these Terms and of any other contract entered into with you will be submitted to the exclusive jurisdiction of the Courts of Malta.

 

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

 

If any part of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.

 

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Customer support details & contact info

 

If you have any general queries, please do feel free to contact us as follows:

Email: rainbowandco43@gmail.com

Contact form