TERMS & CONDITIONS
Last updated 26 November 2024.
1. INTRODUCTION
1.1 About us. We’re MALOA LTD, a company registered in England and Wales under company number 16035805 with its registered office at 110 Brooker Road, Waltham Abbey, England, EN9 1JH (we, us or our).
1.2 About these Terms. These Terms explain:
a) your use of our Website at https://maloa.co.uk/ (Website),
b) your purchase of products from our Website (Products).
1.3 Acceptance of these Terms. By using our Website or buying Products from us, you agree to these Terms. If you don’t agree, please don’t use our Website or purchase Products.
1.4 Amendments to these Terms. We may update these Terms now and then. Any changes will be posted here, so please check back periodically. By continuing to use our Website, you’re agreeing to any updates.
2. USE OF THE WEBSITE
2.1.We may make changes to our Website. We may change or update our Website to reflect changes in our Products or business priorities.
2.2. We may suspend or withdraw our Website. Our Website is free to use, but we can’t guarantee it’ll always be available or uninterrupted. We may suspend or withdraw the Website when needed, but we’ll try to give notice if it’s a major change.
2.3. Intellectual property. We own or license all the content on our Website. You’re welcome to download or print one copy for personal use, but please don’t change or use it commercially without permission.
2.4. Prohibited uses. Please don’t misuse our Website by introducing harmful materials (e.g., viruses) or by trying to gain unauthorised access. Doing so may result in reporting to law enforcement.
3. ORDERING PRODUCTS
3.1. About the contract. When you place an order, you’re making an offer to buy. We’ll accept your order by sending a confirmation email, and that’s when a contract is formed.
3.2. Description and specification of Products. We’ve made every reasonable effort to ensure that our Products match the descriptions, photos, and illustrations provided in our sales and marketing materials. While we aim for accuracy, we can’t guarantee that all descriptions, photos, and illustrations will be 100% accurate, as actual Product colours, appearance, and fit may differ slightly due to display settings, lighting, or minor manufacturing variations. This doesn’t, however, limit or exclude our liability for any mistakes that occur due to negligence on our part. We’re legally required to supply Products that meet the specifications of the contract. If you find that a Product doesn’t conform to the contract, please refer to clause 4 on how to address the issue.
3.3. Changes to your order. You may change your order at any time before we dispatch the Products by contacting us by email. If your order is changed, we’ll inform you of any change to the Price by email.
3.4. Changing your mind. If you change your mind, you may cancel your order at any time before we dispatch the Products by contacting us by email to info@maloa.co.uk. Please refer to clause 5 for details of your cancellation rights.
3.5. Cancelling your order. We may cancel your order at any time before we dispatch the Products in the following circumstances:
a) The Products are no longer in stock and we’re unable to re-stock (if, for example, the Products are discontinued); or
b) An event outside of our control continues (force majeure) for more than 30 days (please see clause 7).
If we cancel your order and you have already paid for the Products, we’ll notify you by email and your payment will be refunded to you within 14 days by bank transfer to your original payment method.
3.6. Price. The price of our Products is shown on our Website at the time of your order, and payment must be made in full before we dispatch your Products. Prices may be updated at any time, but changes won’t affect any orders we have already confirmed. We work hard to ensure our prices are accurate, but they will be re-checked when we process your order. If the actual price is lower than what’s displayed on our Website at the time you placed the order, we’ll charge you the lower amount. If the correct price is higher than displayed, we’ll get in touch to confirm whether you’d like to proceed with the order at the correct price.
3.7. Sale prices. We may offer the Products at sale prices, which we can withdraw at any time and without notice to you. Orders placed while the sale price is in place will be accepted at the sale price, even if we don’t accept your order until after the validity period has expired.
3.8. Currency. Prices are displayed in GBP (£) unless otherwise specified. We’re not responsible for any fluctuations in currency exchange rates and recommend that you confirm your payment currency with your payment provider prior to purchase.
3.9. Taxes. All prices include VAT or applicable local taxes in the country of purchase. If the rate of VAT or applicable local taxes changes between the date of your order and the date of your payment, we’ll adjust the rate of VAT or applicable local taxes that you must pay. Changes in VAT or applicable local taxes won’t affect any prices where we have already received payment from you.
3.10. Shipping costs. Our prices don’t include the cost of delivery. Shipping costs will be added to the total price during the order checkout process.
3.11. Customs and import duties. For international orders outside the UK, you may be responsible for customs duties, VAT, or import taxes, which vary by country. We’re not responsible for any customs, VAT, or import charges and recommend you check with your local customs office for more information before placing an order.
3.12. Delivery. When we send you an order confirmation, we’ll provide an estimated delivery date. Please note that estimated delivery dates may vary according to the availability of Products and your location. Delivery will be deemed to have taken place when the Products have been received by you (or another person identified by you) at your chosen delivery address.
3.13. Title and risk. You own the Products once we’ve received payment in full for them. Risk for the Products remains with us until delivery is complete, at which point it will pass to you.
4. FAULTY, DAMAGED OR INCORRECT PRODUCTS
4.1. Our responsibility. By law, we must provide Products that are of satisfactory quality, fit for purpose, as described at the time of purchase. If any Products you have purchased don’t comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect Products, please contact us as soon as possible by email at info@maloa.co.uk to inform us of the fault, damage or error, and to arrange for a refund, repair or exchange.
4.2. Rejecting Products. Beginning on the day that you receive the Products (and ownership of them) you have a 30 days right to reject the Products and to receive a full refund if they don’t conform as stated above. If you don’t wish to reject the Products, or if the 30 day period has expired, you may request that the Products are replaced. Within the first six months after you have received the Products, you’re entitled to an exchange unless we can prove that the defect wasn’t present at the time you bought the Products. After the first six months, you must prove to us that the defect was present at the time of purchase in order to qualify for a replacement. We will bear any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you.
a) If you request a replacement during the first 30 day period, that period will be suspended while we arrange the replacement and will resume on the day that you receive the replacement Products. If less than 7 days remain out of the original period, it will be extended to 7 days.
b) If, after a replacement, the Products still don’t conform (or if we can’t replace them, as described above, or have failed to act within a reasonable time and/or without causing you significant inconvenience), you may have the right either to keep the Products at a reduced price, or to reject them in exchange for a refund.
c) If you exercise this final right to reject the Products more than six months after you receive them (and ownership of them), we may reduce any refund to reflect the use you have had of the Products.
d) Within a period of six years after you receive the Products (and ownership of them), if the Products don’t last a reasonable length of time (depending upon their nature), you may be entitled to a partial refund. Please remember that after six months have passed since you received the Products, the burden of proof will be on you to prove that the defect or non-conformity existed at the time of delivery.
4.3. Ineligibility. Please note that you won’t be eligible to claim under this clause 4 if we informed you of any faults, damage or other problems with the Products before your purchase; if you have purchased the Products for an unsuitable purpose that is neither obvious nor made known to us and the problem has resulted from your use of the Products for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Products to us under this clause 4 just because you’ve changed your mind. If you’re a consumer, you have a statutory right to a 14 day cooling off period within which you can return Products for this reason. Please refer to clause 5 for more details.
4.4. Returning Products and refunds. To return Products to us for any reason under this clause 4, you may do so by post or another suitable delivery choice. Please retain proof of postage as this may be needed later. Contact us by email at info@maloa.co.uk for more information on where to return the Products. We will be fully responsible for the costs of returning Products under this clause 4 and will reimburse you where appropriate. Refunds under this clause 4 will be issued within 14 days of the day on which we agree that you’re entitled to the refund. Any and all refunds issued under this clause 4 will include all delivery costs paid by you when the Products were originally purchased.
4.5. Your rights. For full details of your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office. For international customers, please refer to consumer protection authorities in your respective countries for further details on your rights and remedies.
5. YOU HAVE THE RIGHT TO CANCEL IF YOU CHANGE YOUR MIND
5.1. Your rights. As a consumer you have a statutory right to cancel your contract with us up to 14 days after the Products come into your physical possession (i.e. you or another person identified by you taking delivery of the Products under clause 3.12). You may cancel your contract and return the Products to us for any reason under this right. If you wish to cancel your order before receiving our order confirmation or if you wish to cancel the contract after receiving the order confirmation but before we have dispatched the Products, clauses 5.2 and 5.5 will apply.
5.2. Informing us. If you wish to exercise your right to cancel under this clause 5, you must inform us of your decision. You may do so in any way that is convenient to you. Please ensure that you inform us of your decision to cancel before the period in clause 5.1 expires. If you wish to cancel, please email us at info@maloa.co.uk.
5.3.Conditions for returns. To be eligible for a return, Products must meet the following requirements:
a) Products must be unworn and unused.
b) Products must not have any makeup, marks, or other signs of use.
c) Products must be in their original condition.
d) Products must have all original tags attached and be in original packaging.
Please retain proof of postage, as this may be needed at a later date. Once we have received your return and confirmed that you’re eligible for a refund, we’ll send you an email confirmation, and you will be refunded to the original payment method within 14 days.
5.4. Returning Products. You must return the Products to us no more than 14 days after the day on which you have informed us that you wish to cancel under this clause 5. To start the returns process, please email us at info@maloa.co.uk. Once your return is accepted, we’ll provide you with further instructions. Products must be returned to us in their original, unworn, unwashed, and resalable condition, with all tags attached. Any Products that don’t meet these criteria may not be eligible for a refund or exchange. If you have paid for express delivery, we’ll only refund you the standard shipping costs.
5.5. Sale Products and store credit. Sale Products are not eligible for a refund. If you return a sale Product that meets the conditions in clause 5.3, we’ll issue store credit rather than a refund. You will receive an email confirmation with store credit details once your return is processed.
5.6. Exchanges. If you wish to exchange a Product, please email us at info@maloa.co.uk to start the exchange process. After we accept your return and confirm in an email to you that it meets the conditions in clause 5.3, we’ll proceed with the exchange. Please note that if the Product you wish to exchange is out of stock, you will be refunded to the original payment method within 14 days.
5.7. Your rights. For full details of your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office. For international customers, please refer to consumer protection authorities in your respective countries for further details on your rights and remedies.
6. OUR LIABILITY
6.1. We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms or as a result of our negligence (including that of our employees, agents or sub-contractors). Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the contract is created. We won’t be responsible for any loss or damage that is not foreseeable.
6.2.We only supply Products for domestic and private use by consumers. We make no warranty or representation that the Products are fit for commercial, business or industrial use of any kind (including resale). We won’t be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
6.3. Nothing in these Terms seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
6.4. Nothing in these Terms seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office. For international customers, please refer to consumer protection authorities in your respective countries for further details on your rights and remedies.
7. FORCE MAJEURE
7.1. We won’t be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond our reasonable control.
7.2. If any event described under this clause 7 occurs that is likely to adversely affect our performance of any of our obligations under these Terms:
a) We will inform you as soon as is reasonably possible;
b) Our obligations under these Terms will be suspended and any time limits that we’re bound by will be extended accordingly;
c) We will inform you when the event outside of our control is over and provide details of any new dates, times or availability of Products as necessary;
d) If the event outside of our control continues for more than 30 days we’ll cancel the contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible;
e) If an event outside of our control occurs and you wish to cancel the contract, you may do so. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible.
8. DATA PROTECTION AND PRIVACY
We respect your right to privacy and will process your personal data in line with our obligations under the UK GDPR and applicable data protection legislation. If you’re located outside the UK or EU, please note that your personal data may be processed in accordance with local data protection laws applicable to your country of residence. For more detailed information on how we collect, use, and protect your personal data, please refer to our privacy and cookies policy available on our Website.
9. TERMINATION
9.1. Termination of access to the Website. We reserve the right to terminate or suspend your access to our Website at any time, without notice, for any reason, including but not limited to a breach of these Terms or any conduct that we believe is harmful to our interests or the interests of other users.
9.2. Consequences of termination. Upon termination of your access to the Website, your right to use the Website will immediately cease. You must discontinue all use of the Website and refrain from accessing it in the future.
9.3. Survival of obligations post-termination. The termination of your access to the Website won’t affect any rights or obligations that have accrued prior to termination. Provisions of these Terms that by their nature should survive termination, including but not limited to clauses related to data protection, liability, and dispute resolution, will continue to apply even after your access to the Website has been terminated.
10. GENERAL LEGAL TERMS
10.1. No waiver. If we delay or fail to exercise any of our rights under these Terms, it doesn’t waive that right or any future rights.
10.2. Severance. If any part of these Terms is found unlawful or unenforceable, that part will be severed, and the remaining Terms will continue in full force.
10.3. Entire agreement. These Terms represent the complete agreement between you and us, replacing all prior agreements, assurances, and understandings.
10.4. Third party rights. No one else besides you and us has any rights under these Terms.
10.5. Applicable law. These Terms, the contract between us, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England and Wales. As a consumer, you’ll benefit from any mandatory provisions of the law in your country of residence. Nothing in this clause takes away or reduces your rights as a consumer to rely on those provisions. Any dispute, controversy, proceedings or claim between you and us relating to these Terms, the contract between us, or the relationship between you and us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
11. CONTACTING US
Should you need to contact us, please email us at info@maloa.co.uk.