Website/Mobile application (online) usage policy: Terms & Conditions

Please familiarise yourself with our website/mobile application, hereafter referred to as ‘online’ usage policy or ‘terms & conditions’ as it is generally referred to, as it contains important information concerning your rights and responsibilities when using our web platform and online stores. Should you have any queries concerning our website policy and the handling of your personal information, please contact customercare@daves.com.mt with the subject line: ‘Online Terms & Conditions Query’. 

daves food stores, daves Online & daves Rewards are brands operating under the holding company Euston Co. Ltd. 

By accessing our online platforms you agree to the terms and conditions set out herewith. Persons under 18 are not permitted to register or utilise this service.

  1. Please read the terms of use carefully. Use of this online platform and any of the services offered on this network will be subject to the current version of our terms available on this website at the time of your use. If you do not accept our terms of use, you may not access our online platforms or use any of the services available via our website/mobile application.
  2. Our terms contain specific provisions to limit liability. These terms have been set out in herewith. You should pay particular attention to these terms since they limit your ability to recover losses that you may incur in connection with your use of our online platforms.
  3. We retain the right to update, amend and/or change these terms and conditions from time-to-time. Such changes will take effect as and when published. Therefore, you should keep up-to-date with the content and read these terms of use at all times prior to using this website since the current version of the terms will apply to your use.

General Information and Terms
 
"We" are daves Food Stores Ltd., a brand operating under the Euston Co. Ltd company and "us" and "our" have a corresponding meaning herein. We are a private company incorporated in accordance with the laws of Malta with registration number C 26802. Our address of establishment is Triq L-Artigjanat, District 4, Central Business District, Mriehel, CBD 4050 and we will accept service of all legal documents there; Our telephone number is Tel: 21441184 and our E-mail is: customrecare@daves.com.mt         
 
Definitions
 
In these terms of use:
 
Products means any goods or other products that are made available by us via this website. We, us and our means daves Food Stores Ltd., daves Online & daves Rewards  (and, unless the context indicates otherwise, its owners, employees, suppliers, internet service providers, agents and affiliates). ‘You’ means the user of this online platform. Hyperlinks, which are not operational, will not in any way detract from the validity and interpretation of the terms.

 

General Conditions of Use for this online platform, application or website


 We don’t control content published on 3rd party sites that may link to our platforms and do not consent to you accessing our platforms for unlawful purposes.

  1. You are solely responsible for all telephone usage and rental fees and/or internet access service fees that may apply to your use of this website and the services offered on it.
  1. You may not access this site for any purpose other than for utilizing the services offered on it in the normal manner. You may not access our site for the purposes of redistributing or otherwise using any of our content for your own business purposes unless you are expressly licensed thereto by us in writing. You may not use your access to this site in a manner that would bring us, our business and/or any of our affiliates into disrepute. Furthermore, you may not access this site for unlawful purposes or use it in a manner which infringes our rights or the rights of any other person or restricts or inhibits the use of or enjoyment of this site by any other person. In this regard, you must comply with the laws, regulations and codes of conduct applicable to your use of this site. You may not post or transfer any material to our website that is unlawful or violates any third party's rights or which is obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of our or any other parties' computer system. We may remove any content you have submitted to this site and/or suspend your access to any part of this site at any time without prior notice.

 

  1. We do not usually monitor, edit, control or filter the content submitted to this site by our users. Such content, including as may be found in blogs, forums, chat groups, comment sections and bulletin boards, do not represent our views and we have not authorized or endorsed such content. Such content should also not be viewed as professional advice of any kind, be it medical, legal, financial or otherwise. Please notify our Customer Care if you have a complaint about the activities of or content submitted by a user of this site.

 

  1. We do not distribute or endorse any products, services or events posted, promoted and/or listed on our site other than the products and services we supply ourselves and our display of such products, services or events should not be construed as any form of endorsement thereof. All arrangements regarding such products, services and events are to be made directly with the supplier thereof.

 

  1. Notwithstanding that this site may contain links to third party websites and that some third party websites may contain links to this site we do not control, endorse or approve the activities or content of any such third party websites. Please contact the relevant website proprietor if you have a complaint about the activities or contents of a third party website.

 

  1. Proprietary rights (including without limitation, the trade marks, copyright and patent rights) in the components of this site belong to us and our licensors, including in the compilations, collective works and derivative works created incorporating the content of our users. The individual content you may submit will remain your property, but you grant us an irrevocable, perpetual, worldwide, transferable, sub-licensable and royalty-free license to use such content free from any restriction and on the basis as if we were the owners thereof, including by modifying, reproducing, compiling, publishing, publicly performing, distributing, broadcasting and promoting it.

 

  1. The downloading and use of data contained on this website is done at your sole discretion. You should independently verify the completeness and reliability of the information provided on or via this site. Also be aware that viruses or code which may have a harmful effect on your computer system or mobile phone could be transmitted to you. You are responsible for implementing suitable protection mechanisms to prevent such harm from occurring.

 

  1. Access to our website services is provided to you free of charge. Reliance on and use of our website, content and services are therefore at your own risk. In no event will we be liable to you for any loss or damage of any kind in contract, delict (including negligence), statute or otherwise arising in connection with your reliance on or use of this site or the content or services provided, save to the extent that such liability cannot be excluded by applicable law or the contrary is expressly stated.

 

  1. We also reserve the right, without notice and in our sole and absolute discretion, to make changes to any parts of the site inclusive of changes to these terms of use including those relating to our ordering service. It is your responsibility to review our terms of use on each occasion prior to making use of this site and our ordering service. If you continue to use this site after our amended terms of use has been posted on the website, it will constitute a deemed acceptance of such amended terms of use. We specifically reserve the right at any time to change or discontinue without notice, any aspect and/or feature of this website.

You will need a registered account to buy goods and services from our online platforms and are expected to keep your account details private. For information relating to your personal data and use thereof, please refer to our privacy policy.

  1. You will be required to choose a user name and a password when registering with us or using some of our services. You are responsible for keeping your user name and password secret. You will be required to enter your username and password every time you want to use one of our subscription services. You accept that you will be personally liable for all transactions concluded on your account.

 

  1. We are committed to protecting your privacy. We will collate the information which you give to us to provide you with services and personalize your use and visits of this site. We may also use such information to inform you, the user, about changes in the services we offer and/or about features we think you would find of interest. We may also permit the affiliated entities in our company group to inform you about products or services they offer that might interest you. By giving us this information, you consent to our use of it for these purposes and for the purposes outlined in our Privacy Policy, including for the purpose of processing your orders and instructions. For further information regarding our treatment of your personal information, you are referred to our Privacy Policy.


 

  1. We have to protect our business and secure our systems. Consequently, you should note that we may monitor and keep records of any communication that you may send to or receive via our online platforms and we may use, publish and disclose such communications for any lawful purpose. This may include our filtering of incoming and outgoing electronic data messages to identify, limit and/or prevent the transmission of unlawful or otherwise undesirable material or content.

Unless we expressly stipulate any deviation from the terms set out with respect to competitions, promotions or offers, they will remain intact for all instances.

  1. Unless expressly stated otherwise, these terms will apply to all competitions, promotions or offers providedby daves Food Stores & daves Online. In the event of conflict between these terms and the rules applicable to any specific competition, promotion or offer, the specific competition's rules will prevail. The competition offer will set out at least the following:

 

 

  1. All competitions offered on this online platform  will be open to registered users only unless expressly stated otherwise. We may also stipulate additional entry criteria for entrants to a competition (e.g. a minimum age) and any entrant failing to comply with such criteria may be refused entry.


 

  1. Anyone working for us or any entity in our group or for the supplier of the prizes for the relevant competition (including any director, employee, contractor, agent or consultant) and any person with more than 5% shareholding in any of our group entities, or for any of our advertising, media or public relations agencies, as well as any family members of any of the aforesaid are prohibited from entering any competitions offered on this online platform or our physical stores.

 

  1. The closing date for any competition will be as stated. The judges cannot accept responsibility for late entries.
  2. We will be entitled to all right, title and interest in all entries submitted, including all intellectual property rights. Entrants must do all things necessary, including the execution of any requisite documentation to transfer such rights to us, as and when requested.


 

  1. Any entrant may be required to submit proof of age. If you are not yet 18, you will be required to obtain your parents' or legal guardians' advance authorisation, permission and consent to participating in a competition or any of the related activities. If you fail to obtain such consent you may not participate in the competition or the related activities.


 

  1. The judge’s decision will be final. We will not enter into correspondence.


 

  1. All entrants' information will be used only in accordance with our Privacy Policy.


 

  1. Where entry by SMS is applicable, SMSs are charged. Standard rates apply. Free rates do not apply.


 

  1. Any deviation from the rules and/or attempt to manipulate the outcome of the prize will result in disqualification.


 

  1. We reserve the right not to award a prize in any situation where it would be unlawful to do so.


 

  1. Multiple winners may be subject to tie-break to decide an outright winner.


 

  1. We may re-allot prizes if we are unable to contact selected winners. Please ensure that you provide the correct contact details.
  2. Your name and place of residence may be published when winners are announced.
  3. Winners may be requested to be photographed for publicity purposes or to participate in a radio or television broadcast or other marketing activity. No fees will be payable in this regard. Participation in any such marketing activity is voluntary and may be declined.
  4. No cash alternative is available to any prize unless expressly stated otherwise.
  5. Prizes are non-transferable in whole or in part, must be taken as stated and may not be sold to a third party. You must confirm acceptance of the prize as stated, failing which you will no longer be eligible for a prize, and that prize will be re-allotted.
  6. If any prize offered becomes unavailable for reasons outside of our control, we reserve the right to select an alternative prize of equivalent type and value.
     
  7. Where prizes involve travelling abroad, winners must be in possession of a valid passport, required visas and the relevant health certificates.


 

  1. We accept no responsibility for any incorrect or incomplete registration details that you may supply as part of your registration. No responsibility will be accepted for undelivered, lost or delayed entries. Proof of sending is not proof of receipt. Errors in entries may, in the judges' discretion, void entries.


 

  1. You enter our competitions at your own discretion and risk. We, our affiliates, competition partner/s and their respective shareholders, employees, officers and representatives shall not be liable in any way whatsoever for any loss, damage, injury or costs, howsoever arising, suffered as a result of your participation in a competition, save to the extent that such liability may not be excluded under applicable law.

We continuously strive to improve your experience with us. If our products and/or services fail to meet your expectations, please contact us with any relevant personal and other information pertaining to your experience. We will endeavour to resolve your issue timeously and to your satisfaction.

  1. We aim to provide you with a quality service. If, however, you feel that you have cause to complain, you can submit a form online or via email to our Customer Care Centre. We will try to do our best to resolve any problems that arise. We require that provide us with the following as part of your complaint:


 

  1. Use of this platfomr is subject to the laws of the Malta, and the exclusive jurisdiction of the Maltese High Court provided that if any Maltese Lower Court has competent jurisdiction over your person to adjudicate on any dispute arising from or in connection with these Terms of Use, such Lower Court will also have jurisdiction to adjudicate the dispute notwithstanding that the amount in dispute may exceed such court's jurisdiction. You agree to accept service of legal process at the addresses you may provide to us when you use or subscribe to our website services.

 

The terms and conditions set out on this page constitute the entire agreement between you and us with respect to the usage of our online platforms and cannot be replaced by any terms and conditions set out by yourself.

 

  1. These terms of use and the terms incorporated herein by reference and the relevant terms implied herein by applicable law constitute the entire agreement between you and us with respect to this site, the services offered here and any products and services acquired through this site. These Terms of Use shall override any contrary terms or conditions incorporated by you in your communications with us and any such conflicting terms or conditions will not form part of the agreement concluded between us.

 

  1. Our failure to enforce any provision of this agreement strictly will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable or invalid by any competent authority, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in force and effect to the fullest extent permitted by the law.

 

  1. You may not subcontract, cede, delegate, transfer or assign any of your rights, obligations or duties hereunder to any other person without our prior written consent. We may cede, delegate, transfer and assign our rights, obligations and duties hereunder to any other person.


 

  1. We will be excused from a failure to perform or delay in performance of our obligations hereunder if and to the extent that circumstances outside our reasonable control prevent or delay such performance.


 

  1. We will try to ensure that sensitive payment information (such as your credit card details) provided to us are suitably protected. For such purposes we will implement reasonable security measures which may include cryptographic techniques to protect such information. HOWEVER, WE DO NOT GUARANTEE THE ABSOLUTE SECURITY OF ANY INFORMATION YOU TRANSMIT TO US OR THAT IS TRANSMITTED TO YOU OR ANY OTHER PERSON.


 

  1. Attendance at any promotional event may be hazardous to the health or safety of the attendees or their property. YOU ATTEND PROMOTIONAL EVENTS AT YOUR OWN RISK. WE ARE NOT RESPONSIBLE FOR THE ARRANGEMENTS OF ANY PROMOTIONAL EVENT OR FOR YOUR SECURITY OR SAFETY OR THE SECURITY OR SAFETY OF YOUR PROPERTY IN ATTENDING SUCH EVENT. Please contact the relevant Event Organiser if you have suffered any loss or damage in attending an event.

 

Registration

To register and order on the online platform you must be over eighteen years of age. You must ensure that the details provided by you on registration or at any time are correct and complete. Please inform us of any changes to your information by updating your personal details frequently to ensure that our records are correct.

 

Password And Security

When you register to use the Site you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password, you should notify us by contacting Customer Services (see below for contact details).

 

If daves has reason to believe that there is likely to be a breach of security or misuse of the online platform, we may require you to change your password or we may suspend your account without prior notice. 

 

daves' Social Media Community Rules

 

We encourage comments on daves related subjects in an intelligent and constructive manner. We reflect a wide range of interests for the benefit of all of our users.

 

Treat others as you would like to be treated. Be polite, even if you disagree. Abusive language, aggression and bullying are not allowed (whether aimed at users, individuals, daves or any other companies or brands). Distressing content is also banned.

 

We will try to help you with any queries, but to respect your privacy we cannot ask for personal contact details on this page. It may be necessary to ask you to contact us via Private Message/Direct Message.

 

To safeguard the privacy of individuals any postings including information that may identify individual's offline will be removed.

 

Repeated duplicate postings (spam) by the same user or groups will be removed as they clutter up discussions for other users.

 

Comments subject to legal issues (slander, defamation, contempt of court) or publicizing / encouraging / endorsing illegal activity will be removed.

 

Content with overt religious or political bias intended to incite others will be removed. 

 

Aggressive lobbying that disrupts the community for other daves users will be removed.

Impersonating brands or other users or featuring licensed or copyright material is not allowed.

 

Content containing unverified or false claims about products will be removed.

 

Finally, daves retains the right to remove content posted on social media or block users from posting to any daves page for any other reason deemed necessary to create a helpful community.

 

Please respect all of Facebook's terms and conditions.

Please respect all of Instagram's terms and conditions.

Please respect all of Tik-Tok's terms and conditions.

Please respect all of LinkedIn’s terms and conditions.

 

Weighted Items

When it comes to items which are sold by weight such as delicatessen, fruit, veg, fish, and meat the exact price charged will be based on the exact weight measure taken at preparation stage.

We will do the utmost to match exactly the weight ordered but this cannot be guaranteed exactly.

 

Delivery

The delivery service is available all over Malta and is strictly available to all orders placed via our mobile application. Please ensure that all contact details and location are filled in correctly prior to placing the order as it may delay the actual delivery date or time. Please note, the delivery service is facilitated through a third-party provider in association with daves Online and once we hand over your goods, we cannot be held liable for handling. 

This is a paid service and whilst we may subsidise this service in conjunction with our offerings in part or fully, this remains entirely at our discretion. All costs associated with this will clearly reflect in your check-out, to avoid any confusion and provide transparency.

Deliveries are available only for the Island of Malta and Gozo, as well as Comino is currently not available.

All deliveries are offered up to Ground Floor Level.

Any queries related to deliveries are to be sent to customercare@daves.com.mt.

Bulky (heavy) items such as water or cold-drink packs will be subject to a weight fee with our courier partner. 

Any tracking of orders are done through software integration and daves Online cannot be held liable for misinformation, delays, incorrect feed or technical errors. 

Refunds & Returns

All returns and credits are available without prejudice within 3 days of purchase on items, provided a valid reason is supplied.

 

Any claims after this period of time will not be acknowledged.

 

All queries must be addressed to customercare@daves.com.mt and will not be considered without the original receipt of purchase and packaging being intact. 

 

All approved returns, or refunds will be done in the form of store credit, which may be utilised in our physical or online stores and must be claimed within 30 days of issue.

 

Availability Of The Site

Although daves aims to offer you the best service possible, daves makes no promise that the services at the online platforms will meet your requirements. daves cannot guarantee that the service will be fault free.

 

If a fault occurs in the service, you should report it to the Customer Services (see below for contact details) or by email at customercare@daves.com.mt and we will attempt to correct the fault as soon as we reasonably can.

 

Your access to the Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. daves will attempt to restore the service as soon as it reasonably can.

 

Rewards Programme

Registration with daves Online will automatically entitle you to earn and claim rewards within our online stores.

  1. Any daves Online or daves Food store client of eighteen years and over is entitled to join our rewards programme, hereafter referred to ass daves Rewards.
  2. Upon registering for daves Rewards you will be asked to appropriately notify us (by ticking a box on the application form), should you wish not to receive any marketing information from EUSTON CO.LTD. Marketing information may be physical, printed, and electronic as well as in form of SMS.
  3. All data gathered when registering for  daves Rewards will be solely used by EUSTON Co. Ltd in full adherence to the data protection act.
  4. Only one membership is allowed per customer; and daves reserves the right to ask for identification when rewards are claimed.
  5. daves Rewards can be used in any daves outlet around Malta.
  6. Daves Rewards awards you with 1 REWARD POINT for every €1 spent at daves.
  7. Members must present daves REWARD CARD (physical or electronic) at Cash Point in order to earn points when shopping in-store.
  8. Points accumulated are not transferrable from one card to another.
  9. Maximum Points allowed on a single card is 120,000. Upon reaching such amount, members must redeem points either entirely or in part at this level.
  10. The Current Rate of Redemption is €5 for 600 REWARD POINTS and identification may be requested upon request, to redeem points.
  11. Reward Points can be accumulated and redeemed at any daves Outlet or online store (application)
  12. daves Rewards membership remains at the discretion of daves Food Stores and daves Online, who reserves the right to withdraw, decline or cancel membership at any point if member is found to use the system fraudulently, illegally or is otherwise in breach of our terms and conditions.
  13. Points are valid for a period of one hundred twenty (120) days from date of earning, after such date the bearer will reliquish all points accumulated during the lapsed period.
  14. daves reserves the right to annul daves Rewards programme at any time, giving two months notice to card holders to redeem the points. All points amassed in cards that have not been redeemed within the three-month notice period will be ‘zeroed’ and hence bearer will lose any right of claim.
  15. It is the sole responsibility of the card holder to keep abreast of any amendments done to the scheme itself or to the terms and conditions.
  16. Euston Co. Ltd, daves and any subsidiary Companies cannot be held liable for any damages caused directly or indirectly by enrolling in this rewards programme.
  17. Tobacco products are excluded from our rewards scheme and will not be eligible for points upon purchase (this includes cigarettes, tobacco and vape products)

Daves' Right To Suspend Or Cancel Your Registration

daves may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms.

The suspension or cancellation of your registration and your right to use the mobile application or website shall not affect either party's rights or liabilities.

 

For every €33 spent, the daves Rewards member will receive the option to receive FREE 6-pack of 2l water or receive 150 bonus points. The FREE water does not include additional BCRS charges, which will be included in the final bill. The value spent to obtain this offer does not constitute or include spend on any tobacco or vape products. daves Food Stores and daves Online reserves the right to cancel this offer at any point without prior notification. 

 

Daves' Liability

The content on our mobile platforms is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Site or mobile applications.

 

Although we make reasonable efforts to update the information online, we make no representations, warranties or guarantees, whether express or implied, that the content on our online platforms is accurate, complete or up to date.

 

Third Party Websites

As a convenience to daves customers, the online platforms include links to other websites or material which is beyond our control. daves is not responsible in any way for content outside the network.

 

Miscellaneous

You may not assign, sub-license or otherwise transfer any of your rights under these Terms. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

 

If you breach these Terms and daves ignores this, daves will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms.

 

Copyright

The site is owned and operated by Euston Co Limited, a company registered in Malta. All content of this website is fully owned by the company and cannot in any form or manner be replicated or used.

 

Euston Co. Ltd and it’s subsidiaries retain the right to amend, update or change the terms and conditions at it’s discretion without notice or warning. These updates will occur when required and users will be notified within our online platforms.

 

Last Reviewed: 03/06/2023