Terms and conditions of sale
1) These terms and conditions shall govern the sale and purchase of physical products and downloadable ebooks through our website.
2) You will be asked to give your express agreement to these terms and conditions before you place an order on our website.
3) This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Consumer Rights Directive 2011/83/EU).
In these terms and conditions:
– "we" means Hermestris Ltd managing the website tarot.boutique; and
– "you" means our customer or prospective customer, and "us", "our" and "your" should be construed accordingly.
– "ebooks" means those ebooks that are available for purchase on our website; and
– "your ebooks" means any such ebooks that you have purchased through our website (including any enhanced or upgraded version of the ebooks that we may make available to you from time to time).
3. Order process
To place an order on our website, you must be at least 18 years old.
The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.
No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.
To enter into a contract through our website to purchase physical products and downloadable ebooks from us, the following steps must be taken: you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to the terms of this document; you will be transferred to our payment service provider's website, and our payment service provider will handle your payment or you will rather choose bank transfer method; we will then send you an initial acknowledgement; and once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
You will have the opportunity to identify and correct input errors prior to making your order by modifying your profile, your billing and delivery addresses and the content of your shopping cart.
The following types of physical and digital products are or may be available on our website from time to time: books, ebooks, playing cards decks, soap and postcards.
We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.
Our prices are quoted on our website.
We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.
All amounts stated in these terms and conditions or on our website are stated inclusive of VAT for physical goods or exclusive of VAT for e-books and bundles including e-books because, according to European law, the final VAT on downloadable ebooks can only be calculated at the end of the checkout depending on some factors like billing address, location of the customer’s bank, country which issued the credit card, IP address location of the buyer’s device, country of the SIM card (in cases where the purchase was made on a mobile device). In any case, the final prices VAT included will always be shown before the end of the checkout process.
It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.
In addition to the price of the physical products, you may have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.
For orders shipped to countries other than Malta (Europe), you are the importer of the product or products concerned. Customs duty, other local taxes, import duty or State taxes may be payable on all products shipped outside the European Union. All these rights and sums are your responsibility, and you are solely responsible both for declaring the products and for paying the relevant authorities and/or organizations of the importing country. You should inquire about these aspects from the local authorities of the importing country.
1) You must, during the checkout process, pay the prices of the products you order.
2) Payments may be made by any of the permitted methods specified on our website from time to time, like Paypal, credit card via Paypal or bank transfer.
3) If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.
4) If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
● an amount equal to the amount of the charge-back;
● all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
● an administration fee of EUR 25.00 including VAT; and
● all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 6.4 (including without limitation legal fees and debt collection fees), and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 6.4.
7. Deliveries of physical products
Our policies and procedures relating to the delivery of physical products are set out in this Section 7.
We will arrange for the physical products you purchase to be delivered to the delivery address you specify during the checkout process.
We will use reasonable endeavours to deliver your physical products on or before the date for delivery set out in the order confirmation or, if no date is set out in the order confirmation, within 7 days following the date of the order confirmation; however, we do not guarantee delivery by this date.
We do guarantee that unless there are exceptional circumstances all deliveries of physical products will be dispatched within 30 days following the later of receipt of payment and the date of the order confirmation, except for presale products or of discounted packs with coupon including a presale product in which case the availability and delivery date will be specified on the website.
According to EU directives, we reserve the rights to restrict from time to time the list of countries where we can deliver physical products.
8. Licensing of ebooks
1) We will supply your ebooks to you in the format or formats specified on our website, and by such means and within such periods as are specified on our website.
2) Subject to your payment of the applicable price and compliance with these terms and conditions, we grant to you a worldwide, non-expiring, non-exclusive, non-transferable licence to make any use of your ebooks permitted by Section 8.3, providing that you must not in any circumstances make any use of your ebooks that is prohibited by Section 8.4.
3) The "permitted uses" of your ebooks are:
● downloading a copy of each of your ebooks;
● making, storing and viewing copies of your ebooks on not more than 3 desktop, laptop or notebook computers;
● making, storing and viewing copies of your ebooks on not more than 3 ebook readers, smartphones, tablet computers or similar mobile devices; and
● printing a single copy of each of your ebooks solely for your own use.
4) The "prohibited uses" of your downloads are:
● the publication, sale, licensing, sub-licensing, renting, transferring, transmission, broadcasting, distribution or redistribution of any ebook (or part thereof) in any format;
● the editing, modification, adaptation or alteration of any ebook (or part thereof), and the creation of any derivative work incorporating any download (or part thereof);
● the use of any ebook (or part thereof) in any way that is unlawful or in breach of any person's legal rights under any applicable law, or in any way that is offensive, indecent, discriminatory or otherwise objectionable;
● the use of any ebook (or part thereof) to compete with us, whether directly or indirectly;
● any commercial use of any ebook (or part thereof); and
● the circumvention or removal of, or any attempt to circumvent or remove, the technological measures applied to any ebook for the purpose of preventing unauthorised use.
5) You warrant to us that you have access to the necessary computer systems, media systems, software and network connections to receive and enjoy the benefit of your ebooks.
6) All intellectual property rights and other rights in the ebooks not expressly granted by these terms and conditions are hereby reserved.
7) You must retain, and must not delete, obscure or remove, copyright notices and other proprietary notices on or in any ebook.
8) The rights granted to you in these terms and conditions are personal to you, and you must not permit any third party to exercise these rights.
9) If you breach any provision of these terms and conditions, then the licence set out in this Section 8 will be automatically terminated upon such breach.
10) You may terminate the licence set out in this Section 8 by deleting all copies of the relevant ebooks in your possession or control.
11) Upon the termination of a licence under this Section 8, you must, if you have not previously done so, promptly and irrevocably delete from your computer systems and other electronic devices all copies of the relevant ebooks in your possession or control, and permanently destroy any other copies of the relevant ebooks in your possession or control.
9. Distance contracts: cancellation right
1) This Section 9 applies if and only if you offer to contract with us, or contract with us, as a consumer - that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.
2) You may withdraw an offer to enter into a contract with us through our website or cancel a contract entered into with us through our website (without giving any reason for your withdrawal or cancellation) at any time within the period:
● beginning upon the submission of your offer; and
● in the case of physical products, ending at the end of 14 days after the day on which the physical products come into your physical possession or the physical possession of a person identified by you to take possession of them (or, if the contract is for delivery of multiple products, lots or pieces of something, 14 days after the day on which the last of those products, lots or pieces comes into your physical possession or the physical possession of a person identified by you to take possession of them); and
● in the case of downloadable ebooks, ending at the end of 14 days after the day on which the contract is entered into.
3) In the case of downloadable ebooks, you agree that we may begin the provision of ebooks before the expiry of the period referred to in Section 9.2, and you acknowledge that, if we do begin the provision of ebooks before the end of that period, you will lose the right to cancel referred to in Section 9.2.
4) In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 9, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
5) If you cancel a contract on the basis described in this Section 9,
● in the case of physical products, you must send the products back to one of our European warehouses or agent that will be communicated by us to you immediately after we receive your cancellation form. You must comply with your obligations referred to in this Section 9 without undue delay and in any event not later than 14 days after the day on which you inform us of your decision to cancel the contract. You must pay the direct cost of returning the physical products; and
● in the case of downloadable ebooks, you will receive a full refund of the amount you paid to us in respect of the order.
6) In the case of physical products, if you cancel an order in accordance with this Section 9, you will receive a full refund of the amount you paid to us in respect of the order including the costs of delivery to you, except:
● if you chose a kind of delivery costing more than the least expensive kind of delivery that we offer, we reserve the right to retain the difference in cost between the kind of delivery you chose and the least expensive kind of delivery that we offer; and
● if you return a physical product that was sent together with other physical products of the same order, and you keep one of these physical products, we will not refund the delivery cost; and
● as otherwise provided in this Section 9.
7) If the value of the physical products returned by you is diminished by any amount as a result of the handling of those physical products by you beyond what is necessary to establish the nature, characteristics and functioning of the physical products, we may recover that amount from you up to the contract price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be "beyond what is necessary to establish the nature, characteristics and functioning of the products" for these purposes.
8) We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees from us as a result of the refund.
9) In the case of physical products, unless we have offered to collect the products, we will process a refund due to you as a result of a cancellation on the basis described in this Section 9 within the period of 14 days after the day on which we receive the returned products. If we have not sent the products to you at the time of withdrawal or cancellation, we will process a refund due to you without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the withdrawal or cancellation.
10) In the case of downloadable ebooks, we will process the refund due to you as a result of a cancellation on the basis described in this Section 9 without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the cancellation.
11) You will not have any right to cancel a contract as described in this Section 9 insofar as the contract relates to:
● the supply of any sealed audio recordings, sealed video recordings or sealed computer software which have been unsealed by you;
● the supply of products the price of which is dependent upon fluctuations in financial markets which we cannot control and which may occur during the cancellation period;
● the supply of newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications;
● the supply of goods which are liable to deteriorate or expire rapidly;
● the supply of goods that are personalised like for example books signed by the author;
● the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, where such goods have been unsealed by you; or
● the supply of goods which are, according to their nature, inseparably mixed with other items after delivery.
10. Warranties and representations
1) You warrant and represent to us that:
● you are legally capable of entering into binding contracts;
● you have full authority, power and capacity to agree to these terms and conditions;
● all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and
● you will be able to take delivery of the physical products in accordance with these terms and conditions.
2) We warrant to you that:
● we have the right to sell the physical products that you buy;
● the physical products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;
● you shall enjoy quiet possession of the physical products you buy, except as specified in these terms and conditions;
● the physical products you buy will correspond to any description published on our website; and
● the physical products you buy will be of satisfactory quality.
● your ebooks will be of satisfactory quality;
● your ebooks will be reasonably fit for any purpose that you make known to us before a contract under these terms and conditions is made;
● your ebooks will match any description of it given by us to you; and
● we have the right to supply your ebooks to you.
3) All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 11.1, all other warranties and representations are expressly excluded.
11. Limitations and exclusions of liability
1) Nothing in these terms and conditions will:
● limit or exclude any liability for death or personal injury resulting from negligence;
● limit or exclude any liability for fraud or fraudulent misrepresentation;
● limit any liabilities in any way that is not permitted under applicable law; or
● exclude any liabilities that may not be excluded under applicable law,
and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
2) The limitations and exclusions of liability set out in this Section 11 and elsewhere in these terms and conditions:
● are subject to Section 11.1; and
● govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
3) We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
4) We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
5) You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
6) Our aggregate liability to you in respect of any contract to purchase products from us under these terms and conditions shall not exceed the greater of the total amount paid and payable to us under the contract.
12. Order cancellation
1) We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:
● you fail to pay, on time and in full, any amount due to us under that contract; or
● you commit any breach of that contract.
2) You may cancel a contract under these terms and conditions immediately, by giving us written notice of termination, if we commit any material breach of that contract.
3) We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.
13. Consequences of order cancellation
If a contract under these terms and conditions is cancelled in accordance with Section 12:
● we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;
● you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and
● all the other provisions of these terms and conditions will cease to have effect, except that Sections 1.3, 6.4, 11, 16, 17, 18, 19, 20 and 21 will survive termination and continue in effect indefinitely.
These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.
These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.
These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).
We may revise these terms and conditions from time to time by publishing a new version on our website.
A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions - providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
17. No waivers
No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
19. Third party rights
A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
20. Entire agreement
Subject to Section 11.1, these terms and conditions shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.
21. Law and jurisdiction
These terms and conditions shall be governed by and construed in accordance with Maltese law.
Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of Malta.
22. Statutory and regulatory disclosures
We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
These terms and conditions are available in the English language only.
Our VAT number is MT21866930.
The website of the European Union's online dispute resolution platform is available at https://webgate.ec.europa.eu/odr/main
23. Our details
This website is owned and operated by Hermestris Ltd managing Tarot.Boutique.
We are registered in Malta (Europe) under registration number C 65660, and our registered office is at Level 1, Casal Naxaro, Labour Avenue, Naxxar NXR 9021, Malta.
You can contact us:
– using our website contact form;
– by email, using the email address published on our website from time to time.
– by chat, available from time to time, and by sending a ticket via our online chat system.