In these Conditions, unless the context requires otherwise:
1.1 ‘Content’ means any text, graphic, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this website;
1.2 ‘The Duke Shopping Mall’ means The Duke Shopping Mall whose registered office is at The Duke Shopping Mall, Republic Street, Victoria, Gozo, Malta, VCT 1017.
1.3 ‘Service’ means collectively any online facilities, tools, services or information that The Duke Shopping Mall makes available through this website.
1.4 ‘Premises’ means our place of business located at The Duke Shopping Mall, Republic Street, Victoria, Gozo, Malta VCT 1017.
1.5 ‘System’ means any online communications infrastructure that The Duke Shopping Mall makes available through this website. This includes, but is not limited to web-based email, message boards, live chat facilities and email links;
2. Intellectual Property
2.1 The copyright in the material contained in this website and any trademarks and brands included in that material belongs to The Duke Shopping Mall or its licensors By continuing to use the website you acknowledge that the material is protected by applicable Malta and international intellectual property and other laws.
2.2 You may download or copy the Content and other downloadable items displayed on this website subject to the conidition that the material may only be used for personal non-commercial purposes. Copying or storing the Content of this website for any reason other than personal use is expressly prohibited without the written consent of The Duke Shopping Mall.
2.3 Unless expressly indicated, all intellectual property rights in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
2.4 You may not reproduce, copy, distribute, store or in any other fashion re-use the material detailed in condition 2.3 unless you are given express permission to do so by the relevant manufacturer or supplier.
3. Links to this and other websites
3.1 This website may contain links to other sites. Unless expressly stated, these sites are not under the control of The Duke Shopping Mall or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this website does not imply any endorsement of the sties themselves or of those in control of them.
3.2 Those wishing to place a link to this Website on other sites may do so only to the home page of the website being https://thedukegozo.com with our prior consent. Deep linking (linking to specific pages within this website) requires the prior written consent of The Duke Shopping Mall.
4.1 The Duke Shopping Mall is providing this site on an “as is” basis and makes no representations or warranties of any kind with respect to this site or its contents and disclaims all such representations and warranties. In addition The Duke Shopping Mall makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in this website. The information contained in this website may contain technical inaccuracies or typographical errors. All liability of The Duke Shopping Mall howsoever arising for any such inaccuracies or typographical errors. All liability is expressly excluded to the fullest extent permitted by law.
4.2 The Duke Shopping Mall accept no liability for nay disruption or non-availability of the website resulting from external causes including (without limitation) ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions or censorship.
4.3 No part of this website is intended to constitute a contractual offer capable of acceptance. No goods are sold through this website and product details are for information purposes only.
4.5 Whilst every effort has been made to ensure that all graphical representations of products available form The Duke Shopping Mall correspond to the actual products The Duke Shopping Mall is not responsible for any variations from these descriptions.
4.6 The Duke Shopping Mall doe snot represent or warrant that such products will be available form us at our Premises. For this reason, please contact us prior to visiting if you wish to enquire as to the availability of any products. Any such enquiry does not give rise to any express or implied warranty that the products will be available upon your arrival at the Premises.
4.7 Neither The Duke Shopping Mall nor any of its directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of this website. This is a comprehensive limitation of liability that applies to all damage of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
4.8 Notwithstanding the foregoing, none of the exclusions and limitations in the clause are intended to limit any rights you may have as a consumer under local law or statutory rights which may not be excluded nor in any way to exclude or limit The Duke Shopping Mall’s liability to you for death personal injury resulting from our employees or that of our agents.
5. Use of Communications Facilities
5.1 When using the enquiry form of any other System on this website you should do so in accordance with the following rules:
(a) You must not use obscene or vulgar language;
(b) You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist.
(c) You must not submit Content that is intended to promote or incite violence.
(d) It is advised that submissions are made using the English and Maltese Languages as we may be unable to respond to enquires submitted in any other language.
(f) You must not impersonate other people, particularly employees and representatives of The Duke Shopping Mall or our affiliates.
(g) You must not use this website for unauthorised mass-communication such as “spam” or “junk mail”.
7.2 You acknowledge that The Duke Shopping Mall reserves the right to monitor any communications made using our System.
7.3 In order to use the enquiry form and any other communication facility on this website you are required to submit certain personal details. By continuing to use this website you represent and warrant that:
(a) any information you submit is accurate and truthful; and
(b) you will keep this information accurate and up-to-date.
No omission by The Duke Shopping Mall whether by way of indulgence or otherwise or failure to enforce their rights shall be construed as a waiver of any of The Duke Shopping Mall’s rights.
9.1 All communications shall be given to us either by post sent to our Premises or shall be sent by email to [email protected]
9.2 Communications shall be deemed to have been received:
(a) two working days after posting
(b) If sent by email on a working day prior to 5:00 pm at the time of sending and if after 5:00 on the next working day
If any of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the provisions in the Conditions shall remain in full force and effect.
11. Law and Jurisdiction
These terms and conditions are subject to the law of Malta and the parties agree to submit to the exclusive jurisdiction of the Maltese courts.