Custom Island Gifts – Terms & Conditions

Last updated: 30/04/2025

This website, quotes, invoices, and any services provided under the name Custom Island Gifts are operated by Jake Borg, a sole trader registered in Malta. Throughout this document, the terms “Custom Island Gifts,” “we,” “us,” and “our” refer to Jake Borg operating under this business name.

By using this site, placing an order, or accepting a quotation or invoice, you agree to the terms set forth below, which apply to both retail (online) and custom or business-to-business sales unless otherwise specified.

SECTION 1 – Online Orders via Website (Retail Customers)
(Applies to customers purchasing via customislandgifts.mt)

  1. Overview & Acceptance
  2. Online Store Terms
  3. General Conditions
  4. Product Listings & Descriptions
  5. Billing, Account, and Order Information
  6. Pricing, Modifications & Availability
  7. Third-Party Tools & External Links
  8. Data Privacy & Personal Information
  9. Errors, Omissions & Corrections
  10. Prohibited Uses
  11. Disclaimer of Warranties & Limitations of Liability
  12. Indemnification
  13. Governing Law – Retail Orders
  14. Termination & Agreement Scope

🧾 SECTION 2 – Business Orders, Quotes & Invoicing (Custom / B2B Clients)
(Applies to orders placed via email, invoice, or custom merchandise quote)

  1. Scope of Business Terms
  2. Orders, Confirmations & Delivery
  3. Risk Transfer & Shipping Liability
  4. Payment Terms & Cancellations
  5. Late Payment Interest (Maltese Law)
  6. Returns, Replacements & Refunds
  7. Claim Evaluation Process
  8. Production Times & Tolerances
  9. Artwork Approval & Client Responsibility
  10. Supplier Delays, Logistics & Force Majeure
  11. Quote Validity, Stock & Pricing Changes
  12. Intellectual Property & Artwork Ownership
  13. Legal Jurisdiction – B2B
  14. Data Protection & Confidentiality
  15. Amendments & Applicability

SECTION 1 – Online Orders via Website (Retail Customers)

These terms apply to all customers purchasing goods directly from the Custom Island Gifts website: https://customislandgifts.mt

1. Overview & Acceptance

This website is operated by Jake Borg, sole trader under the name Custom Island Gifts. Throughout the site, the terms “we”, “us”, and “our” refer to Custom Island Gifts.

By visiting the site and/or purchasing a product from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms”), including any additional terms referenced here or linked from this page. If you do not accept these Terms, you may not use the website or purchase from us.

2. Online Store Terms

By accepting these Terms, you confirm you are at least the age of majority in your country of residence, or that you are the age of majority and have consented to allow any minors to use this site under your responsibility.

You may not use our products for any unlawful or unauthorized purpose, nor may you use the Service to violate any laws, including copyright or intellectual property laws.

You must not transmit any worms, viruses, or malicious code.

Breach of any Terms will result in immediate termination of service and may result in legal action.

3. General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card info) may be transferred unencrypted and may involve transmissions across various networks or device adaptations. Credit card data is always encrypted during transmission.

You agree not to duplicate, reproduce, sell, or exploit any part of the Service without written permission from us.

Headings in this document are for convenience only and do not affect the legal meaning of any provision.

4. Product Listings & Descriptions

We make every effort to ensure product listings are accurate. However, we are not responsible for typographical errors, outdated information, or inaccuracies in product descriptions or availability.

Product visuals are for illustrative purposes. Colour and print variations may occur due to screen calibration and print materials.

Some products are available exclusively online and may be limited in quantity.

5. Billing, Account, and Order Information

We reserve the right to refuse or cancel any order at our discretion, particularly in cases involving bulk buying, resale, or suspected misuse.

You agree to provide current, complete, and accurate information when placing an order. You are responsible for keeping your account and payment details up to date.

We may limit or cancel quantities per person, per household, or per order at our discretion.

6. Pricing, Modifications & Availability

Prices for products are subject to change without notice.

We reserve the right to modify or discontinue any product or service without notice at any time.

We shall not be held liable to you or any third party for any changes to pricing, product availability, or service status.

7. Third-Party Tools & External Links

We may provide access to third-party tools or services “as is” without warranty or liability.

Your use of any third-party tools, websites, or links on our site is entirely at your own risk. You should review their terms and policies separately.

We are not responsible for the content, products, or services on any third-party platforms linked from our site.

8. Data Privacy & Personal Information

Your submission of personal information through our website is governed by our Privacy Policy. We comply with GDPR and Maltese data protection laws.

We do not share customer data with third parties without your consent, unless required by law.

9. Errors, Omissions & Corrections

From time to time, there may be errors or omissions in product descriptions, pricing, promotions, or availability.

We reserve the right to correct such errors and to cancel or amend orders accordingly.

We are not obliged to honor prices or product details that are clearly incorrect or outdated.

10. Prohibited Uses

You are prohibited from using the website or its content for:

  • Any unlawful activity

  • Soliciting others to engage in unlawful acts

  • Violating laws or regulations

  • Infringing on intellectual property rights

  • Harassing, abusing, or discriminating against others

  • Uploading harmful or malicious code

  • Spamming or scraping data

  • Bypassing security features

Violation may result in immediate suspension of access and legal action.

11. Disclaimer of Warranties & Limitations of Liability

Your use of the Service is at your sole risk. Products and services are provided “as is” and “as available” without warranties of any kind, including implied warranties of merchantability, fitness for a particular purpose, or durability.

We do not guarantee uninterrupted or error-free service. We are not responsible for delays, delivery failures, or lost profits.

In no case shall Custom Island Gifts (Jake Borg), or anyone acting on his behalf, be liable for indirect, incidental, punitive, or consequential damages.

12. Indemnification

You agree to indemnify and hold harmless Custom Island Gifts (Jake Borg), affiliates, and service providers against any claims arising from your breach of these Terms or your violation of any law or third-party rights.

13. Governing Law – Retail Orders

These Terms shall be governed by and interpreted under the laws of Malta. Disputes shall be subject to the exclusive jurisdiction of the Maltese courts.

14. Termination & Agreement Scope

These Terms apply unless and until terminated by either party. We may terminate your access at any time if you breach the Terms.

These Terms constitute the entire agreement between you and Custom Island Gifts regarding your online use of our website and override any prior agreements.

SECTION 2 – Business Orders, Quotes & Invoicing (Custom / B2B Clients)

These terms apply to all customers receiving quotations, proforma invoices, or custom product services from Custom Island Gifts, operated by sole trader Jake Borg. By accepting a quote or invoice, you agree to the following:

1. Scope of Business Terms

These terms apply to all business-to-business transactions, wholesale purchases, and custom merchandise orders, including sourcing, branding, design, printing, packaging, or fulfilment services provided by Custom Island Gifts.

By requesting a quote, confirming an order, or accepting a proforma or invoice from Custom Island Gifts, the Client agrees to be bound by these terms in full, unless a different written agreement is signed by both parties.

These terms override any purchase terms or conditions submitted by the Client, including public procurement entities, unless otherwise agreed in writing.

Where the Client is a public body or government entity, Custom Island Gifts may accept formal purchase orders subject to these terms, unless an alternative procurement contract is signed. Any exceptions to these conditions (e.g. extended payment terms or compliance requirements) must be pre-approved in writing.

2. Orders, Confirmations & Delivery

  • Quotes issued by Custom Island Gifts are valid for the period stated in the quote or, if unspecified, for fourteen (14) calendar days from the date issued. Quotes are provided for information purposes only and do not constitute a binding agreement until formally accepted in writing or by payment of a deposit.

    No stock, production slot, or materials are reserved until a deposit or full payment is received and the order is confirmed in writing. Upon confirmation, Custom Island Gifts is entitled to proceed with sourcing, planning, and production immediately.

    A “Confirmed Order” is defined as any order for which a deposit or full payment has been received, or where written confirmation of intent to proceed is provided, and Custom Island Gifts begins work on the Client’s behalf.

    Due to the nature of custom production, minor deviations from product visuals, mockups, or samples may occur (see Section 8). These do not constitute grounds for order cancellation or compensation unless outside the tolerances defined.

    We reserve the right to deliver orders in multiple shipments, depending on supplier timelines, production stages, or logistics availability. Clients agree to accept partial deliveries unless otherwise pre-agreed in writing.

    Clients are responsible for accepting delivery within five (5) business days of notification. Refusal or failure to accept delivery may result in storage or redelivery charges (see Section 10).

3. Risk Transfer & Shipping Liability

Unless explicitly agreed otherwise in writing, all orders are fulfilled under EXW (Ex Works) terms. Risk transfers to the Client once goods leave our premises or are handed over to a courier, freight provider, or third-party carrier arranged by either party.

Custom Island Gifts may assist in arranging shipment or customs documentation as a courtesy, but any risk of loss, damage, delay, customs charges, or import/export issues is borne by the Client once the goods are in transit.

Insurance is not included by default and must be requested in writing at the time of order confirmation. If agreed, insurance fees will be added to the final invoice.

In the event that goods are delayed, held, or returned due to customs issues or lack of import compliance in the Client’s country, the Client remains fully responsible for all resulting costs, including redelivery, storage, or disposal.

Ownership of goods remains with Custom Island Gifts until full payment is received, but liability and risk transfer upon dispatch.

4. Payment Terms & Cancellations

Orders under €500 (excl. VAT) require 100% payment in advance.
Orders above €500 require a 50% non-refundable deposit to confirm production, with the remaining balance due prior to dispatch, unless otherwise agreed in writing.

Where the Client is a registered government body or public entity, 30-day payment terms may be granted upon receipt of an official purchase order. Public procurement terms are accepted only where agreed in writing and do not override these standard conditions unless explicitly stated.

An order is considered confirmed and binding once a deposit is received or written acceptance is provided, whichever comes first. Upon confirmation, we may begin sourcing, design work, proofing, or place supplier orders immediately.

Confirmed orders cannot be cancelled once any form of production or procurement has started. In the event of a cancellation request after work has begun, the Client is liable to pay for:

  • All work carried out up to that point

  • Any materials, stock, or services committed

  • Any supplier fees or cancellation penalties

If the Client fails to pay any outstanding balance on time, Custom Island Gifts reserves the right to:

  • Pause ongoing production or delivery

  • Withhold any completed goods

  • Cancel future orders or quotes

  • Apply late payment interest (see Section 5)

No refunds will be issued for deposits or completed stages of work already incurred.

5. Late Payment Interest

All invoices are due in full by the date specified on the invoice. A payment is considered late if not received by 23:59 CET on the due date.

In accordance with Maltese law (Legal Notice 233 of 2012, transposing Directive 2011/7/EU), statutory interest shall apply automatically to overdue payments without the need for a reminder or formal notice. Interest is charged daily, compounded annually, at the maximum rate permitted by law.

Late payment penalties apply to all clients, including public entities with approved credit terms or purchase orders.

In the event of delayed payment, Custom Island Gifts reserves the right to:

  • Suspend ongoing or future services or deliveries

  • Withhold completed or in-progress goods

  • Cancel existing agreements or orders

  • Recover additional administrative, legal, or collection costs

Persistent or unresolved late payments may result in formal debt recovery proceedings and blacklisting from future service eligibility.

6. Returns, Replacements & Refunds

All custom-branded or made-to-order products are non-returnable and non-refundable, unless they are proven to contain a clear manufacturing or production defect that exceeds acceptable tolerance levels (see Section 8).

Any issues must be reported within five (5) business days of receiving the goods. Reports must include:

  • A detailed description of the issue

  • Clear photographic or video evidence

  • Any relevant supporting documents (e.g. delivery note, packing slip, print file)

Returns will only be accepted if formally approved in writing by Custom Island Gifts. Unauthorised returns will not be accepted.

If a claim is found to be valid, we will, at our sole discretion:

  • Replace the affected items

  • Issue a credit note

  • Offer a partial or full refund

In some cases, items may need to be returned for quality inspection before a resolution is offered. If the returned goods are found to be within agreed tolerances, no refund or replacement will be issued, and the cost of return shipping (including reshipping back to the Client) will be the Client’s responsibility.

Goods cannot be returned or replaced if:

  • The issue was caused by mishandling, improper storage, or client error

  • The items have been used, worn, altered, or resold

  • The request is made more than 10 business days from delivery

7. Claim Evaluation Process

All claims must be submitted in writing to Custom Island Gifts via email within the timeframes set in Section 6.

To be considered, the claim must include:

  • A clear description of the issue

  • Photographic or video evidence showing the defect

  • Any related documents (e.g. artwork approval, delivery slip, or packaging photos)

Claims missing this information will not be processed until all materials are received. The evaluation process only begins once a complete claim submission is on file.

If the nature of the issue requires physical inspection, the Client may be asked to return the affected items to Custom Island Gifts or directly to our supplier or production partner. In such cases:

  • Return shipping costs are the Client’s responsibility

  • We will assess the product against the agreed specifications and tolerances

  • If the product is found to be within tolerance, no refund or replacement will be issued, and reshipping costs will be borne by the Client

In cases involving third-party production partners, resolution may take up to forty (40) business days, especially if international quality control checks are required.

Unauthorised or unapproved returns will not be processed or refunded.

Refunds, credits, or replacements will only be issued if the claim is verified and the product is confirmed to be outside acceptable tolerance levels.

  • 8. Production Times & Tolerances 
  • Standard production time is estimated at 2–3 weeks from the date of final artwork approval, unless otherwise stated in writing. Delivery times may vary based on order volume, supplier capacity, or material availability.

    Due to the nature of manufacturing and printing processes, the following tolerances are considered acceptable and non-defective:

    • Quantity: ±5%

    • Print placement or alignment: ±5mm

    • Colour shades or tone: minor variations due to material type, lighting, or print substrate

    • Size or dimensions: ±3% depending on fabric, stretch, or heat press variables

    Tolerances are applied per order or batch, not per individual unit.

    Custom Island Gifts is not liable for compensation, refund, or rework for any products delivered within these accepted tolerances.

    We strongly advise against placing urgent or event-driven orders without sufficient buffer time. Requests for strict colour-matching or placement precision should be discussed and confirmed before finalising the order.

    By confirming your order, you acknowledge and accept the tolerances outlined above.

9. Artwork Approval & Client Responsibility

All custom orders require final artwork or mockup approval from the Client in writing (via email or messaging platform) before production begins.

By approving the artwork, the Client confirms that all content — including spelling, layout, sizing, alignment, and colours — has been reviewed and accepted. Once approved, Custom Island Gifts is not liable for any errors, omissions, or design issues present in the final product.

Approval is considered binding and will trigger the start of production. Any design changes requested after approval may result in additional charges, extended lead times, or rescheduling of the production slot.

If no response is received within five (5) business days of sending the artwork proof, we reserve the right to proceed based on the latest submitted version, or to cancel or delay the order depending on the circumstances.

All artwork and logos submitted by the Client are assumed to be fully licensed and authorised for reproduction. The Client accepts full responsibility for any copyright or trademark violations associated with submitted materials.

10. Supplier Delays, Logistics & Force Majeure

Neither party shall be held liable for any failure or delay in performance caused by circumstances beyond their reasonable control, including but not limited to:

  • Natural disasters (flood, fire, earthquake)

  • Epidemics, pandemics, or government-imposed restrictions

  • War, terrorism, civil unrest

  • Strikes, labour disputes, or factory shutdowns

  • Supply chain collapse or freight interruptions

  • Cyberattacks or infrastructure failure

Any deadlines, commitments, or pricing agreed prior to the event may be adjusted accordingly. A force majeure event shall suspend the performance obligations of the affected party for the duration of the disruption.

If such an event continues for more than sixty (60) calendar days, either party may propose a revision or cancellation of the agreement in writing. Any work completed, materials sourced, or costs incurred up to that point will remain billable.

  •  

11. Delivery Refusal, Redelivery & Storage Costs

  • The Client is required to accept delivery of goods upon readiness, as notified by Custom Island Gifts or our courier/logistics partner.

    If the Client refuses delivery, fails to collect goods, or causes a delay of more than five (5) business days from the first attempted delivery:

    • We reserve the right to issue a full invoice for the order, regardless of whether the goods have been accepted

    • Storage charges will apply at a rate of 2% of the total invoice value per week (or part thereof)

    • Any redelivery or handling fees incurred will be charged to the Client

    • The Client assumes all risk of damage or deterioration during storage unless otherwise agreed

    Custom Island Gifts is not obliged to attempt multiple deliveries without prior arrangement. All delivery attempts will be logged and considered valid unless proven otherwise.

    If no delivery arrangement is confirmed within ten (10) business days from the first notice, we reserve the right to consider the order fulfilled and closed, and to proceed with disposal or resale of the goods, without refund or credit to the Client.

12. Quote Validity, Stock & Pricing Changes

All quotations are valid for the period stated in the quote or, by default, for fourteen (14) calendar days from the date issued. After this period, prices, stock availability, or delivery timelines may be subject to change without notice.

Quotes are provided as an estimate and are non-binding until confirmed in writing and a deposit or full payment is received. Until then, no stock or production capacity is reserved, and all offers are subject to availability on a first-come, first-served basis.

Custom Island Gifts reserves the right to update or withdraw a quote prior to confirmation if:

  • Supplier prices or shipping costs change

  • Raw materials become unavailable or restricted

  • Currency exchange rates shift significantly

  • Delays from the Client cause new lead times or re-sourcing

In such cases, an updated quote will be provided. The Client may choose to proceed under the revised terms or cancel without penalty, provided no work has started.

Confirmed orders may still be affected by force majeure or supplier-led disruptions (see Section 10), and Custom Island Gifts will always aim to communicate changes promptly and transparently

13. Intellectual Property & Artwork Usage

All concepts, designs, product mockups, or visual layouts created by Custom Island Gifts remain the intellectual property of Jake Borg unless explicitly transferred in writing. These materials may not be copied, modified, resold, or reused by the Client or any third party without written consent.

Any logos, designs, or artwork submitted by the Client are assumed to be fully licensed or owned by the Client. By providing such materials, the Client confirms they have the legal right to use, reproduce, and distribute the content, and accepts full liability for any copyright, trademark, or usage disputes.

Custom Island Gifts shall not be held liable for any legal claims resulting from unauthorised use of third-party intellectual property submitted by the Client.

Unless otherwise requested in writing, Custom Island Gifts reserves the right to display completed projects or samples that include the Client’s logo or design in our portfolio, on our website, in catalogues, or via social media for promotional purposes.

Submitted artwork may be securely stored by Custom Island Gifts for repeat orders or reference, unless deletion is requested in writing.

14. Data Protection & Confidentiality

  • All personal and business data is handled in line with GDPR and local Maltese data protection regulations.

  • Your data is never sold or shared with third parties without consent, unless required by law or in the execution of your order (e.g. for courier services).

  • Non-public commercial orders, design files, or sensitive client information is treated as confidential and will not be used beyond the scope of your project.

16. Product Use & Resale Restrictions

Unless explicitly agreed in writing, all products supplied by Custom Island Gifts are intended for promotional use, corporate gifting, internal business use, or event distribution only.

The Client agrees not to resell, repackage, rebrand, or commercially distribute any products supplied by Custom Island Gifts without prior written consent.

This includes, but is not limited to:

  • Listing or selling items via online stores, social media, or marketplaces

  • Distributing products through retail channels or third-party vendors

  • Modifying or rebranding goods for onward sale

Any unauthorised resale or distribution will constitute a breach of these terms. In such cases, all warranties, return rights, and claims (including refunds or liability for defects) will be considered void, regardless of product condition or timeline.

Custom Island Gifts shall not be held responsible for any consequences, legal or otherwise, arising from the resale or misuse of its products without consent.

17. Product Recall & Cooperation


In the rare event that a recall or warning must be issued regarding products delivered to the Client — whether due to supplier error, legal issue, or safety concern — the Client agrees to provide full cooperation to Custom Island Gifts.

This may include:

  • Returning unsold or unused products upon request

  • Halting further distribution or resale

  • Notifying any end-users or recipients if required

Custom Island Gifts will provide clear written instructions, and reasonable compensation may be offered for returned products or cooperation if applicable.

The Client must also provide any requested documentation, batch info, or records that help facilitate communication with logistics partners, end-users, or authorities.

18. Governing Law & Jurisdiction

  • All orders, quotes, invoices, and transactions are governed by the laws of Malta.

  • Any dispute, claim, or legal action shall fall under the exclusive jurisdiction of the Maltese courts.

  • If any clause of these Terms is deemed unenforceable or invalid, the remaining clauses shall remain in full effect.

 

Legal Notice:
Custom Island Gifts is operated by Jake Borg, sole trader registered in Malta. Under vat number: MT19874637. All transactions are governed by Maltese law. By placing an order or accepting a quote/invoice, you agree to the terms above.

All content, text, and design remain the intellectual property of Custom Island Gifts and may not be copied or reused without written consent.

We reserve the right to modify, update, or revise these Terms & Conditions at any time without prior notice. The version published on our website at the time of your order, invoice acceptance, or checkout shall apply to your transaction.

It is the customer’s responsibility to review the latest version of our Terms & Conditions prior to placing an order or accepting a quotation. Continuing with an order implies full acceptance of the current published version.

Last updated: 30/04/202

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