Trading Terms & Conditions
TERMS & CONDITIONS
PLEASE READ THE TRADE TERMS AND CONDITIONS CAREFULLY BEFORE ENGAGING ANY FURTHER WITH MALAS OR USE OF THE MALAS WEBSITE, OR ANY RELATED LINKS OR WEBSITES. USE OF AND/OR REGISTRATION ON THE WEBSITE WILL CONSTITUTE YOUR AGREEMENT TO COMPLY WITH THESE TRADE TERMS AND CONDITIONS. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS & CONDITIONS. YOU MUST NOT TRADE WITH MALAS OR USE THE WEBSITE IF YOU DO NOT AGREE TO THESE TRADE TERMS & CONDITIONS OR ANY ASPECT THEREOF.
The terms “Customer”, “User”, “You” or “Your” applies to any individual or party trading with Malas and/or using the Malas website in any capacity.
- Registration for an Account is free and does not oblige the Customer to purchase anything, however, you must have successfully registered for an Account to be a Customer, have a username and password before you will be able to transact on the website.
- In registering for an Account you undertake to provide Malas with complete and accurate information and by so doing, you warrant that the information provided is true and correct.
- Transacting on the website includes online transacting and the Customer agrees that transacting on Malas’s website is entirely at the Customer’s own risk and responsibility.
Use of the Website
- The Customer agrees that once the correct username and password have been entered to access the Customer’s Account, irrespective of whether the activity is unauthorised or fraudulent, the Customer bears all responsibility and is fully liable for all transactions and activities on the website.
- The Customer agrees to notify Malas immediately upon becoming aware of or reasonably suspect any unauthorised use of the Customer’s Account and to take steps to mitigate any resultant loss or harm.
- You may not in any way use any device, software or other instruments to interfere or attempt to interfere with the proper working of the website. In addition, you agree that you will not in any way use any robot, spider, other automatic devices, or manual process to monitor, copy, distribute or modify the website or the information contained therein.
- You may not use the website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
- You may not in any way display, publish, copy, print, post or otherwise use the website and/or the information contained therein without the express prior written consent of Malas.
- You clearly understand and agree that you bear the full responsibility and carry all risks in respect of the use of whatsoever nature conducted on the website.
- You agree that Malas bears no responsibility and accepts no liability under any circumstances for any damages suffered or losses incurred from the use or misuse of the website.
- You are required to report any possible adverse situation, malfunctions or errors on the website, by informing Malas by email provided on the website
User & Customer’s Obligations
- You agree and warrant to Malas that;
- All information provided by you,
- is accurate and not false, misleading, deceptive, or fraudulent;
- is given in compliance with all applicable laws, government regulations or guidelines;
- is not forged, threatening, offensive or constituting harassment;
- does not contain any viruses, worms, Trojan horses or other invidious programs or data whether or not attached to or embedded in other programs or data;
- will not defame (libel or slander) another person or transmit misleading or inaccurate information of any kind, whether of a personal or commercial nature.
- That you will not bid for or purchase any items from Malas unless you are able to pay for the purchases;
- The purchase of any items from Malas is absolutely at your own risk;
- You will comply to the Terms and Conditions, as well as any and all other relevant Agreements and Policies where applicable.
Orders & Products
- You may order items, which Order, Malas in its sole discretion may accept, reject or amend. Whether or not Malas accepts an Order depends on;
- the availability of items;
- the correctness of the information relating to the items (including, without limitation price matters);
- receipt of payment or payment authorisation by Malas for the Order; or
- breach of the Terms and Conditions in any way.
- Malas will indicate the rejection of an Order by cancelling it and, where applicable, refunding any amounts paid.
- Malas does not guarantee the availability of stock.
- Malas reserves the right to amend the Order relating to the availability of items and shipping schedules, depending on the prevailing circumstances.
- Malas reserves the right to despatch Orders from any of its locations, and the Customer accepts that the estimated delivery days are subject to change depending on the location chosen for the despatch of the Order.
- A saved Order on the website which is not submitted is open and does not constitute a confirmation for an Order, and as such, Malas will not be held liable if such items become unavailable or price changes are affected when you submit or attempt to confirm the Order at a later time.
- An Order which has been submitted cannot be edited and constitutes an order confirmation from you and is binding in accordance with the Terms and Conditions.
- You agree that once an Order has been submitted, it cannot be cancelled.
- Order confirmation by you will be deemed to be an unconditional acceptance by you of the Terms and Conditions notwithstanding anything to the contrary which may be stated on your Order.
- All sales are final. Items cannot be returned or exchanged under any circumstances.
- Malas does not accept returns or exchanges, except where the items are assessed to be defective and on the condition that the items are unopened from its packaging and are still in original condition.
- Where Malas accepts a return by written confirmation to accept the return, the following will apply;
- No refunds are available.
- Returns accepted are for online store credit or replacement item and exclude shipping costs and surcharges.
- The items must be new or in an unused condition with original packing/box and tags intact.
- Only upon Malas’s satisfaction with the evaluation of the return will the store credit or replacement item be processed.
- To accept returns or an exchange in any situation even if deemed to be defective items is at the sole discretion of Malas.
- The Returns Policy forms part of the Terms & Conditions and the Customer must refer to the Returns Policy for details and guidelines applicable for returns of a defective item.
- The prices listed on the website or published through any other medium are subject to change without any prior notice.
- The Prices listed are net of all discounts and no further discounts will apply unless otherwise arranged and agreed by Malas in writing.
- All Orders will be billed at the prices prevailing at the time of Order confirmation and are net of all discounts, including but not limited to trade discounts, settlement discounts, etc.
- Prices are based on the Unit of Measure (UOM) as indicated and exclude all related accessories or packaging options unless otherwise specified.
- The prices listed are inclusive of Value Added Tax (“VAT”) or other Sales Taxes, and if other charges are payable on Orders supplied by Malas, the Customer shall pay such charges accordingly.
- All prices are exclusive of freight and transport costs, insurance charges, installation and maintenance costs, which must be paid by the Customer unless stated otherwise by Malas in writing.
- The Customer may request delivery to any delivery address.
- Delivery address is the point of delivery to which the Customer requests delivery for Orders.
- The items are displayed on the website are subject to availability and will be delivered within the areas as determined by Malas.
- Malas reserves the right to refuse delivery to any delivery address which is not feasible, which fall outside Malas’s delivery network, or which constitute an unacceptable risk.
- The Customer takes full responsibility for adding delivery addresses or editing an existing delivery address on the website.
- The Customer will manage all delivery addresses linked to his Account and may add new delivery addresses or may edit details of delivery addresses in the Customer’s Account profile.
- The Customer acknowledges full responsibility for all matters relating to delivery addresses and will ensure that all information therein is correct and accurate at all times.
- The Customer cannot place an order without selecting a delivery address and acknowledges that selection of a delivery address is done so at your own choice and risk.
Delivery of Orders
- Orders are delivered to a delivery address as determined by the Customer when placing an Order.
- Notwithstanding any trade terms offered to the Customer, legal and beneficial ownership of any and all items shall remain with Malas until payment is made in full for them.
- Until payment is made in full by the Customer for all items, the Customer will hold the items as fiduciary bailee for Malas and will store the items in such a manner and care that they are clearly identifiable as the property of Malas.
- If the items are sold or otherwise disposed of by the Customer prior to payment in full, the Customer will have been deemed to have done so as an agent for Malas and the proceeds of such sale will be the property of Malas. The Customer will hold the proceeds of such sale on trust, on behalf of Malas, and payable to Malas on demand by Malas.
- The risk in and unto the items shall pass to the Customer upon delivery and shall become the Customer’s property only after the Customer has paid for the items in full.
- Malas shall not be bound to make delivery of any Orders which it may have contracted to sell or perform if circumstances prevent, hinder or delay delivery and Malas shall not under any circumstances be held liable in any manner whatsoever to the Customer for any failure or delay.
- Where Malas accepts Orders, a transporter nominated by Malas will deliver the Orders to the delivery address provided by the Customer within a reasonable time.
- Estimated delivery dates indicated on an Order or any delivery date stipulated by Malas in any way whatsoever, are to be regarded as estimated delivery lead times and are stated in good faith, but are not to be treated as a condition of the Orders, and shall not bind Malas to effect delivery within the stipulated time.
- Delays in delivery for any reason whatsoever or failure to deliver the Order within the estimated delivery days will not diminish any of the rights of Malas or the Customer’s obligations in any way whatsoever, and Malas shall not be held responsible or liable in any way to the Customer or any other party for loss sustained due to such delay.
- The Customer must accept delivery when it is tendered and shall not be entitled to revoke the Order, withhold or defer payment, reduce the price or be entitled to any other remedy against Malas on account of delays in effecting delivery.
- No claims for missing, damaged or a discrepancy of Orders or items shall be valid unless the Customer notifies Malas immediately and the delivery note has been endorsed with such claim.
- Where Malas is satisfied as to the nature of the discrepancy it will, as its own discretion, either remedy the discrepancy or arrange for the return of the relevant items, in accordance to the provisions of the Returns Policy.
- Unless a notification is received by Malas from the Customer, you are deemed to have accepted the Order and items as correct, and Malas shall not incur any subsequent liability whatsoever in relation to the Orders.
- All deliveries will attract transport charges for which the Customer is liable unless indicated differently by Malas.
- Malas, at its sole discretion, may levy a charge and recover any additional costs involved in delivering Orders to the delivery address provided.
- Malas delivers during normal working hours and you must ensure that an authorised representative is available to receive the Orders and that appropriate access to the premises has been pre-arranged by you for this purpose.
- The Customer will be liable for all costs occasioned by your failure or refusal to take timeous delivery of the Orders from Malas.
- Where the Customer does not take delivery of the Orders by the delivery date specified or such later date as agreed, the Customer shall pay reasonable storage costs until such time as the Customer accepts the Orders, and such costs are to be determined by Malas.
- The signature of any employee, relative or representative of the Customer on any official delivery note, invoice, waybill or the similar paper of any nominated transporter of Malas shall constitute good and sufficient proof of delivery of the Orders to the Customer.
Warranty of Goods
- In so far as any warranties or guarantees are concerned, Malas stipulates that it makes no representation whatsoever and gives no guarantee against latent or patent defects in any manner whatsoever in respect of any of the items sold by Malas.
- Malas may however in its sole discretion extend the manufacturer’s warranty to you, subject to the terms and conditions of the manufacturer’s warranty.
- Without prejudice to the provisions of paragraph 9.1, Malas’s liability on account of defective materials and workmanship on the items shall be limited exclusively to the replacement thereof and strictly in accordance with the manufacturer’s warranty and Malas’s Returns Policy. Malas reserves its rights in every instance.
- The Customer agrees to abide by the claim process for defective items as stipulated in the Refunds Policy with specific attention to the following:
- claims for defective items may only be submitted by email notice, no other means of notification will be recognised;
- the email notice must encompass photos of the defective item;
- failure by you to provide all the relevant information may lead to dismissal of the claim;
- all claims for defective items are subject to Malas’s internal evaluation and administrative routines;
- Malas makes no undertaking that a claim for defective items will be compensated;
- all evaluation findings are final and no correspondence will be entered into;
- if claims for defective items are not received in accordance to the Refunds Policy, the Customer agrees that Malas is not obliged to process the claim.
- Providing that Malas confirms acceptance of a return in respect of defective item and qualifies as a valid claim after evaluation, the delivery costs of the defective item to Malas’s location will be borne by Malas.
- Should the claim be rejected after evaluation for whatever reason, the delivery costs of the defective item to Malas’s location will be borne by the Customer.
- Malas’s obligations in terms of warranty on items shall be limited to the extent as provided by the manufacturer of the items.
Default by the Customer
- Where the Customer has breached any of the Terms and Conditions, then without prejudice to any of its other rights, Malas may:
- demand immediate payment of any and all monies owing and outstanding (whether or not then due) and proceed to recover the same;
- suspend or terminate any trade terms offered to you;
- cancel any Orders and retake possession of all items;
- cancel any and all contracts of supply between the parties and seek damages;
- require security for such obligations to its full satisfaction before any further supplies are made to you;
- suspend or cancel without notice, deliveries of Orders confirmed by you.
- The Customer agrees that in the event of any default of whatsoever nature on the Customer’s part, Malas reserves the right, where applicable, to reverse all discounts, including but not limited to trade discounts, rebates and/or settlement discounts.
- In the event of any default by the Customer, all outstanding amounts including the value of the reversed discounts shall immediately become due, owing and payable. If you fail to pay the amount due, Malas shall be entitled to institute legal steps to recover any and all amounts due by you, which amounts shall include all costs and expenses incurred by Malas such as collection commission and legal costs on the attorney and own client scale.
Errors & Omissions
- Malas shall take all reasonable care and effort to accurately reflect the description, availability, price, delivery charges or any other relevant information on the website.
- Should there be any errors or omissions of whatsoever nature, Malas will not be held liable under any circumstances for any loss, claim or expense as a consequence of such error or omission.
- Where Malas identifies an inadvertent and obvious error, Malas reserves the right to refuse or cancel any and all Orders relative to the errors or omissions. Malas will indicate the rejection of an Order by cancelling it, and where applicable refunding any amounts paid.
Availability and Termination
- Malas will use reasonable endeavours to maintain the availability of the website, except during scheduled maintenance periods, and reserves the right to discontinue providing the website or any part thereof with or without notice to the Customer.
- Malas may in its sole discretion terminate, suspend and modify the website, with or without notice to the Customer. The Customer agrees that Malas will not be liable in any way in the event that it chooses to suspend, modify or terminate the Malas website.
- If the Customer fails to comply with its obligations under the Terms and Conditions, including but not limited to any incident of default, Malas in its sole discretion may suspend the Customer’s trading relationship with Malas and access to the website without any prejudice to any claims for damages or otherwise that Malas may have against the Customer.
Amendments to the Terms and Conditions
- Malas may, in its sole discretion, amend any of the Terms and Conditions at any time.
- It is the Customer’s responsibility to regularly check the Terms and Conditions to ensure that the Customer is acquainted with the amendments. Should the Customer be unable to comply, you may not transact, use the website or in any other way trade with Malas.
- Any amendments will only apply after the change is published on the website. If the Customer transacts with Malas or uses the website after such amended Terms and Conditions have been published, the Customer will be deemed to have accepted such changes.
Electronic Instructions (Waiver & Indemnity)
- It will be necessary for the Customer to convey instructions by the medium of e-mail and the website and other electronic means to Malas and for Malas to implement such instructions on receipt thereof.
- The Customer acknowledges that it is fully aware that signatures and/or instructions e-mailed, or sent through any other electronic medium are easy to add to a forged document in such a way that it is impossible or difficult for the recipient of such a message to verify the validity thereof and the Customer unequivocally accepts all risks involved.
- The Customer, with the full knowledge of the risks associated with conveying instructions by such means nevertheless requires Malas to act on this message / authority, and wishes to waive any claim which it may have against Malas and to indemnify Malas from any loss resulting from the use of such means to convey instructions to Malas, which waiver and indemnity Malas accepts.
- The Customer waives any claim which it may have or acquire against Malas and indemnifies and holds Malas harmless for any loss, damage or claim which may be sustained as a result of Malas receiving and/or acting upon instructions which have been sent, as stipulated herein to Malas and which shall be deemed to have been issued or authorised by the Customer.
- It is understood that all liability for errors, omissions or delays in transmission, or for misrepresentation on receipt, or for any other loss or damage from whatsoever cause arising, or any other loss whatsoever connected with such instructions shall be borne by the Customer and the Customer shall hold Malas harmless.
- When the Customer visits the website or sends emails to Malas, the Customer consents to receive communications from Malas electronically.
- The use of the website is entirely at the Customers own risk and the Customer assumes full responsibility for any risk or loss resulting from the use of the website or reliance on any information on the website.
- Whilst Malas takes reasonable measures to ensure that the content of the website is accurate and complete, Malas makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the website or as to the accuracy, completeness or reliability of any information on the website.
- Malas disclaims liability for any damage, loss or liability, whether direct, indirect or consequential in nature, arising out of or in connection with the Customers access to or use of the website and/or any content therein unless otherwise provided by law.
- Although items sold on the website may, under certain specifically defined circumstances, be under warranty, the website itself and all information provided on the website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
- Any views or statements made or expressed on the website are not necessarily the views of Malas, its directors, employees, agents and/or authorised representatives.
- In addition to the disclaimers contained elsewhere in the Terms and Conditions, Malas also makes no warranty or representation, whether express or implied, that the information or files available on the website are free of viruses, spyware, malware, Trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of the Customers computer system, computer network, hardware or software in any way. The Customer accepts all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or willful misconduct of Malas. Malas thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with the Customers access to or use of the website.
Limitation of Liability
- Malas, its directors, servants, employees, distributors, agents and representatives (herein collectively referred to as the “indemnified parties”) shall under no circumstances (even if negligence or gross negligence is proven) become liable to the Customer or a third party for any damages or losses, liability, injury, cost, expense, claim, fine, penalty or interest that may be incurred, imposed or sustained by the Customer, of whatsoever nature and kind, whether direct or indirect, consequential, incidental, special or otherwise, as a result of but not limited to:
- trading and transacting with Malas;
- use in any way of the website or linked third party websites;
- use of or reliance upon the website or the content contained therein;
- the inability to use the website, and/or unlawful activity on the website;
- inaccurate information and/or incorrect product information published on the website;
- any delay or failure to deliver the items;
- loss or damage to the items during transportation;
- incorrect supply of items;
- defective or unsatisfactory items for any reason or cause whatsoever;
- any losses due to fire, theft or any other cause whatsoever;
- the failure by the Customer to comply with its obligations as stipulated in the Terms & Conditions;
- any negligent act or omission of the Customer pertaining to the items or the handling of the items;
- other acts of the Customer;
- the use of the items by the Customer or any other party;
- claims for damage and/or loss by any other party.
- If any of the terms in these Terms and Conditions is declared invalid or held to be ineffective by virtue of non-registration, illegality or otherwise, then such condition, or part of it, shall be severed from all other conditions without affecting the validity or enforceability of all other conditions or part of them.
- The Terms and Conditions contain the whole agreement between the Customer and Malas and no other warranty or undertaking is valid unless contained in this document between the parties.
- Payment options accepted Payment may be made via Visa and MasterCard.
- Card acquiring and security Card transactions will be acquired for Malas via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
- Customer details separate from card details Customer details will be stored by Malas separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.
- Merchant Outlet country and transaction currency The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
- Responsibility Malas takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
- Country of domicile This website is governed by the laws of South Africa and Malas chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.
- Variation Malas may, in its sole discretion, change this agreement or any part thereof at any time without notice.