We are committed to protecting your privacy online. The following Terms and Conditions apply only to place an order of goods listed on our website www.malabardirect.co.uk
Please read them carefully before purchase. They do not affect your statutory rights. The use of this website constitutes your agreement to be bound by these terms and conditions which shall also govern all transactions from the website to the exclusion of any other terms and conditions. If you do not agree to be bound by these terms and conditions you should stop using the website immediately.
Malabardirect.co.uk is a website operated by Malabar Foods Ltd. Malabar Foods Ltd is registered in England and Wales under company number 09694473
No part of this Web Site is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.
- DEFINITIONS AND INTERPRETATION
In this Agreement the following terms shall have the following meanings:
1- Age Restrictions:
Persons under the age of 18 should use this Web Site only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
2 -Business Customers:
These Terms and Conditions do not apply to customers buying Goods in the course of business. If you are a Business Customer please email us to malabardirect.co.uk
If Goods are being ordered from outside united kingdom, import duties and taxes may be incurred once your Goods reach their destination. Malabardirect.co.uk is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and malabardirect.co.uk cannot guarantee that the packaging of your Goods will be free of signs of tampering.
1-Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code, and software is the property of malabardirect.co.uk, our affiliates or other relevant third parties.
2-By continuing to use the Web Site you acknowledge that such material is protected by applicable the United Kingdom and International intellectual property and other laws.
3-You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by malabardirect.co.uk.
5-Third Party Intellectual Property:
1-Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
2-You may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express wrote permission to do so by the relevant manufacturer or supplier.
6-Links to Other Web Sites:
1-This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of malabardirect.co.uk or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
2-The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
7-Links to this Web Site:
1-Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.malabardirect.co.uk without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of malabardirect.co.uk in writing. To find out more please contact us by email at email@example.com.
8-Use of Communications Facilities:
When using the inquiry form or any other System on the Web Site you should do so in accordance
with the following rules:
- You must not use obscene or vulgar language;
- 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;
- You must not submit content that is intended to promote or incite violence;
- You must not impersonate other people, particularly employees and representatives of malabardirect.co.uk or our affiliates
- You must not use our System for unauthorized mass-communication such as “spam” or “junk mail”.
You acknowledge that malabardirect.co.ukreserves the right to monitor any and all communications made to us or using our System.
In order to purchase Goods on this Web Site and to use the similar facilities, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Web Site and we may not require payment information until you wish to make a purchase. By continuing to use this Web Site you represent and warrant that:
- all information you submit is accurate and truthful;
- you have permission to submit Payment Information where permission may be required; and
- you will keep this information accurate and up-to-date
Your creation of an Account is a further affirmation of your representation and warranty.
It is recommended that you do not share your Account details, particularly your username and password. malabardirect.co.ukaccepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
If you have reason to believe that your Account details have been obtained by another without consent, you should contact malabardirect.co.uk immediately to suspend your Account and cancel any unauthorized purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorized purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, malabardirect.co.ukaccepts no liability or responsibility and you should make contact with the carrier detailed in the Purchase Information.
When choosing your username, you are required to adhere to the terms set out above in Clause
Any failure to do so could result in the suspension and/or deletion of your Account.
11-Termination and Cancellation:
- co.uk or you may terminate your Account. If malabardirect.co.ukterminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
2-Ifmalabardirect.co.uk terminates your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
3-malabardirect.co.uk reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
4-If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.
5-If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.
12-Goods, Pricing, and Availability:
Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from malabardirect.co.ukcorrespond to the actual Goods,malabardirect.co.uk is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 13.1 for incorrect Goods.
- Where appropriate, you may be required to select the required [size] [model] [colour] [number] [pack] [other features] of the Goods that you are purchasing.
- co.ukdoes not represent or warrant that such Goods will be available. Stock indications are not provided on the Web Site.
- All pricing information on the Web Site is correct at the time of going online. MalabarDirectreserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated as and when required.
- In the event that prices are changed during the course of time between an order being placed for Goods and malabardirect.co.ukprocessing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
- Prices on the Web Site do include VAT.
- Images may not match 100% of the goods. Price mark & Offers mentioned in the products’ top cover are not applicable unless it is mentioned on the website. Due to courier expenses, All Price Marks are applicable only for sale at the shop.
Please note: Business days are defined as Monday to Friday 8 am-5 pm. Next-Day or selected day delivery options are only possible if we receive your order before 2 pm from Monday to Thursday (excluding some Fruits, Vegetables, and Sweets which are only dispatched on availability). If there is any doubt – feel free to Chat us on our website or email to firstname.lastname@example.org
It may not be possible to deliver all leaf items as some of these items are imported and deliveries are dependent on weather conditions in the country of origin.
Where delivery instructions are left, ie without a signature, we cannot be held responsible for any missing goods. For example, if you request leaving in a bin where recycling may happen, or, in an outhouse that could be accessed by 3rd parties. The risk lies with you. Delivery will be done between 8:00 AM till 5:00 PM, a prior intimation about expected delivery time will be sent by the shipping agency. It’s the responsibility of the person to facilitate to receive goods. It’s customer responsibility to follow up with the shipping agency to fix an alternative time/date to collect the consignment.
Backorders in the unlikely event that an item you ordered is not in stock we reserve the right to substitute it with smaller pack sizes, making up the required quantity, and/or another Brand of similar quality. Failing this we will either a) automatically refund the item or, b) if the item(s) represent a major part of your order, we would email you to advise you of the situation, with potential options, and request your advice on how you would like to proceed.
If you are unable to receive your parcel please contact us within 5 days from estimated delivery.
malabardirect.co.ukalways aims to provide high-quality Goods that are fault free and undamaged. On occasion, goods may need to be returned. Returns are governed by the following terms and conditions.
The following items are excluded from our returns policy:
Beauty Products, Food Products, Food Gifts Sets, Incense Products. These products can only be returned in accordance with your legal rights.
Refunds will only be given in accordance with your legal rights on the above products. If your product is faulty, damaged or unfit for purpose, please contact us. Please note you will be asked to provide photographic evidence of any damaged goods.
You may return other unopened goods within 7-days of receipt and, subject to inspection and acceptance, we will refund or provide a replacement(s) as applicable.
Refunds will only be made via the credit/debit card used for the original transaction. Refunds will have post and packing charges deducted. Where an order qualified for free post and packing, we will deduct our post and packing costs from the refund. We reserve the right to deduct any other charges incurred by us such as credit card transaction fees, picking/packing costs, restocking costs, packaging material and return postage fees.
To request a refund or replacement please contact us first by email or telephone. We will require you to return the goods, at your cost, to us for inspection.malabardirect.co.uk will not be liable for goods that are lost or damaged in transit and recommend that you obtain proof of posting.
Any uncollected packages that are returned to us, which included fresh fruit and/or vegetables, will require inspection before any refund can be offered. Other products that may be stained or damaged by the fruit and/or vegetables will be omitted from the refund.
Any goods dispatched by us in error remain the property ofmalabardirect.co.uk. If you receive any goods by mistake, that weren’t ordered, please contact us within 7-days to arrange for us to collect them.
Information you provide to us remains confidential. We are committed to protecting your privacy. We will only use the information that we collect about you lawfully and in accordance with the Data Protection Act 1998.
We collect information about you for two reasons: firstly, to process your order and, secondly, to provide you with the best possible service. You specifically authorize us to transmit information to or to obtain information about you from third parties (including, but not limited to, your debit or credit card number), to authenticate your identity, to validate your debit or credit card and to authorize the transaction.
- co.ukmakes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
- No part of this Web Site is intended to constitute advice and the content of this Web site should not be relied upon when making any decisions or taking any action of any kind.
No part of this Web Site is intended to constitute a contractual offer capable of acceptance.
16-Changes to the Service and these Terms and Conditions:
malabardirect.co.ukreserves the right to change these terms and conditions from time to time without notice and any changes will take effect on the day they are posted. If we are notified of any inaccuracies or mistakes in the material provided on the site, we will try to correct it as soon as possible. Such changes posted on the website will be deemed as accepted by your continued use of the website and it constitutes your agreement to be bound by the prevailing terms and conditions. You are requested to read these terms and conditions prior to placing an order. Before you place an order, if you have any questions relating to these terms and conditions please contact us at our Customer Service by email or telephone.
17-Availability of the Web Site:
The Service is provided as-is and on an as-available basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of the information, compatibility and satisfactory quality.
malabardirect.co.ukaccepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
18-Limitation of Liability:
- To the maximum extent permitted by law, malabardirect.co.ukaccepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
- Nothing in these Terms and Conditions excludes or restrictsmalabardirect.co.uk liability for death or personal injury resulting from any negligence or fraud on the part of malabardirect.co.uk.
- Nothing in these Terms and Conditions excludes or restricts malabardirect.co.ukliability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Web Site.
- Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
20-Previous Terms and Conditions:
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
All notices/communications shall be given to us by post to our Premises (see address above) with a copy by email to email@example.com Such notice will be deemed received on the day of receipt of the letter in the post only.
22-Law and Jurisdiction:
These terms and conditions and the relationship between you and malabardirect.co.ukshall be governed by and construed in accordance with the Law of England and Wales and malabardirect.co.ukand you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
23-Response times to email queries:
We will attempt to respond to all queries within 1-2 business days.
Please note that malabardirect.co.ukis ISIS compliant but as we sell perishable goods, the 7-day cooling-off period with regards to the cancellation of orders is not applicable. So, customers wishing to cancel an order can do so until the goods have not yet been dispatched. After goods have been dispatched from the warehouse, malabardirect.co.ukwill not be able to cancel the order unless the goods are faulty.
While every effort is made to meet our customers’ demands, cancellations or variations may be necessary as a result of unforeseen circumstances like an Act of God, war, strike, lockout, labour dispute, fire, flood, drought, or other causes beyond our reasonable control.
* malabardirect.co.uk mail address:firstname.lastname@example.org
* malabardirect.co.uk Live Chat: Chat on Website on business hours
* Customer Support Hours: Mon to Sun – 9 am to 5 pm
* Excludes UK bank holidays