The following terms have the following meaning in these general terms and conditions, unless explicitly stated otherwise.
- MALA CHETTY is a company under Dutch law and is registered with the Chamber of Commerce under number 74820036, VAT identification number: NL2199978B08
- Customer care service contact details: [email protected]
- CUSTOMER: the natural or legal person who enters into an agreement with MALA CHETTY and / or who orders PRODUCTS from MALA CHETTY through its website www.malachetty.com
- PRODUCTS: all PRODUCTS offered for sale on the website malachetty.com
- PARTIES: MALA CHETTY "we or us" and CUSTOMER "you or your" jointly
- www.malachetty.com “malachetty.com or website or website”
- Agreement: an agreement between MALA CHETTY and the CUSTOMER, regarding and the supply the of PRODUCTS
- General terms and conditions: the entirety of the provisions as included in the following
- Intellectual property rights: the ownership of, and all rights to industrial and intellectual property, including trademarks, trade names, domain names, copyrights, rights to drawings and / or designs rest entirely with MALA CHETTY
These terms and conditions apply to each offer, agreement, purchase, delivery by and/or payment to MALA CHETTY, unless expressly agreed otherwise in writing.
We advise you to read these terms and conditions before placing an order on the website malachetty.com. If you do not agree with the terms and conditions, then you must immediately stop using this website. These terms and conditions can be viewed by everyone through the homepage of malachetty.com.
In the event of differences between the language versions, the Dutch version will prevail.
When placing an order, the CUSTOMER explicitly accepts these terms and conditions.
MALA CHETTY may modify the terms and conditions from time to time at any time.
REGISTRATION & ELIGIBILTY TO PURCHASES
In order to use some of our services on malachetty.com you must register and create an account. When registering and creating an account, the CUSTOMER will be required to provide information that is true, accurate, current and complete in all respects. Should any of the CUSTOMERS registration information change, please notify MALA CHETTY at the following e-mail customercar[email protected] MALA CHETTY may modify the registration terms and conditions from time to time.
In order to make purchases on the website, the CUSTOMER will be required to provide their personal details. In particular, the CUSTOMER must provide their real name, phone number, e-mail address and other requested information as indicated. Furthermore, the CUSTOMER will be required to provide payment details that you represent, and guarantees that both are valid and correct and you confirm that you are the person referred to in the billing information provided.
The website is only available to individuals and others who meet the MALA CHETTY terms and conditions, who have been issued a valid credit / debit card by a bank acceptable to MALA CHETTY, whose applications are acceptable to MALA CHETTY and who have authorized MALA CHETTY to process a charge or charges on their credit / debit card in the amount of the total purchase price for the products which they purchase. Products purchased by the CUSTOMER are for personal use or gift use and should not be re-sold, used for commercial purposes or any other commercial benefit. In addition, MALA CHETTY reserves the right to restrict multiple quantities of an item shipped to any CUSTOMER or postal address.
The CUSTOMER expressly authorizes MALA CHETTY to perform credit checks and where MALA CHETTY feels necessary, to transmit or to obtain information about you to or from third parties, including but not limited to your credit / debit card number, or credit reports, to authenticate your identity, to validate the credit/debit card, to obtain and initial credit / debit card authorization and to authorize individual purchase transactions.
All orders placed on the MALA CHETTY website are subject to acceptance and availability, and items in CUSTOMERS shopping basket are not reserved and may be purchased by other CUSTOMERS.
MALA CHETTY offers PRODUCTS that are in stock and available for shipment. Sometimes you may have the option to place a pre-order for a PRODUCT that is not in stock. You may then make an advance payment, so that you receive this PRODUCT as a priority once the PRODUCT is back in stock. MALA CHETTY only accepts pre-order orders for PRODUCTS whose stock delivery is already planned. Your pre-purchase rights are the same as for any other purchase at MALA CHETTY. Alternatively, you may also choose to register your e-mail address so that we can keep you informed when a PRODUCT is back in stock.
MALA CHETTY provides a complete and accurate description of the PRODUCTS offered. In the event of obvious errors and mistakes in our offers, MALA CHETTY is not bound to deliver these PRODUCTS.
ACCEPTANCE OF YOUR ORDER
The agreement between the CUSTOMER and MALA CHETTY comes into effect at the time of acceptance by the CUSTOMER of the offer made by MALA CHETTY and the fulfilment of the conditions set out thereby.
MALA CHETTY confirms orders placed online by e-mail, stating the PRODUCTS ordered as well as acknowledging the details of the order. This e-mail is NOT an acceptance of your order, but only a confirmation that we have received the order.
After the order and payment are processed, the CUSTOMER receives an e-mail from MALA CHETTY with the invoice and confirmation that the PRODUCTS will be shipped as soon as possible. This completes the acceptance of your order and the agreement between you and MALA CHETTY.
MALA CHETTY reserves the right to refuse an order if, for example, no payment authorization is obtained, shipping restrictions apply to a certain PRODUCT, the PRODUCT ordered is out of stock or does not meet our quality standards, or if the CUSTOMER does not meet the criteria laid down in our terms and conditions.
MALA CHETTY is free to refuse an order at any time without stating a reason.
Although MALA CHETTY makes every effort to ensure that the details on the website are accurate and correct, we may from time to time discover an error in the pricing of our PRODUCTS. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We are not obliged to accept or execute an order for a PRODUCT that is was advertised at an incorrect price and we reserve the right to cancel the order that has been accepted or is already underway. If you order an item that is priced incorrectly for any reason, we will send you an email to inform you that we have not accepted your order and / or that the relevant part of your order has been canceled. If you have already paid for the PRODUCTS, we will refund the full amount to you as soon as we are able to. In the event that the PRODUCTS are already underway, we will process your refund as soon as the PRODUCTS have been returned to MALA CHETTY and received by us.
All prices on the website are in EUROS and are inclusive of VAT at the applicable rate unless you have selected an alternative country where VAT is not chargeable.
CUSTOMERS purchasing from a country served as Delivery Duty Paid (DDP) will incur relevant import duty and tax. These costs are included in the final purchase price.
CUSTOMERS purchasing from a country served as non- European country and therefore Delivery Duty Unpaid (DDU), will be charged for the items purchased and shipping costs only. Import duty and tax costs will be invoiced to you directly from our carrier and are the responsibility of the CUSTOMER. These costs can never be recovered from MALA CHETTY. MALA CHETTY cannot exercise power over these costs and, as these vary from country to country, MALA CHETTY cannot predict its level. MALA CHETTY recommends you to contact your local customs authority to determine a landed cost price prior to purchase completion. CUSTOMERS whose credit / debit card is not denominated in Euros; the final price will be calculated in accordance with the applicable exchange rate on the day CUSTOMERS card issuer processes the transaction.
MALA CHETTY accepts payments made by by iDeal, Bancontact / Mister Cash, Visa, Master Card, American Express and all other payment methods mentioned on the website.
MALA CHETTY requires advance payment of the PRODUCTS. Payment will be debited and cleared from your account upon dispatch of your order by MALA CHETTY.
You confirm that the credit / debit card that is being used is yours or hat you have been specifically authorized by the owner of the credit / debit card to use it. All credit card / debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment refuses to authorize the payment to MALA CHETTY, we will not be liable for any delay or non-delivery.
MALA CHETTY takes reasonable care, in so far as it is in our power to do so, to secure the website and to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss that you may suffer if a third party obtains unauthorized access to any data your provide when accessing or ordering from the website.
You are bound by the terms and conditions of the payment platform you have chosen for payment. MALA CHETTY has no power over these conditions and cannot be held liable for the content thereof.
INSURANCE AND DELIVERY
MALA CHETTY offers free shipping on all PRODUCTS and to all countries that can be selected when entering the delivery address.
The CUSTOMER is the owner of the goods from the time MALA CHETTY has received the full payment and delivered the goods to you.
MALA CHETTY insures each purchase during the time it is in transit until it is delivered to the CUSTOMERS delivery address. MALA CHETTY requires a signature for any PRODUCTS delivered, at which point responsibility for purchased PRODUCTS passes to CUSTOMER. If the CUSTOMER has specified a recipient who is not the CUSTOMER for delivery purposes (for example as a gift) then the CUSTOMER accepts that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by MALA CHETTY, and transfer of responsibility in the same way. The PRODUCTS will be delivered to the address provided by the CUSTOMER.
All delivery times stated on the website (delivery time, delivery times on working days, shipping date, etc.) must be seen as estimated delivery times and cannot be considered as definitive or guaranteed. MALA CHETTY is not responsible for any delays caused by the carrier and / or destination customs clearance processes.
MALA CHETTY will use reasonable endeavors to deliver the order within the expected delivery time to the delivery address. MALA CHETTY is not liable for delays in the delivery of an order.
If there is a delay in delivery caused by any event outside of our control, you will be notified as soon as reasonably possible after placing the order. In the case of a substantial delay you have the right to cancel the order free of costs.
If the order sent to you by MALA CHETTY is lost or if you claim that you did not receive the order (even if this is not apparent from the track & trace data / carrier information), the carrier will initiate a complaints procedure. MALA CHETTY will only proceed with a possible reversal or new shipment if the outcome of the procedure is known. You must fully cooperate with the carrier's complaints procedure. If a shipment is lost due to a mistake by the carrier (and after the carrier's complaints procedure has been completed), MALA CHETTY will refund the amount to the CUSTOMER or attempt to resend the ordered item.
RETURNS AND EXCHANGES
RIGHT TO CANCEL WITHIN THE EU
If the CUSTOMER resides within the EU, you have the right to cancel the order within a cooling-off period of 14 days after receipt without giving any reason. If you wish to appeal to this cooling-off period, you must report this to MALA CHETTY by e-mail at [email protected] The CUSTOMER must return the ordered PRODUCT(S) to MALA CHETTY no later than 7 days after the notification.
Only unused and undamaged PRODUCTS, in their original condition and with all MALA CHETTY labels and tags stil
attached to the PRODUCTS may be returned. All included accessories, such as belts, design packaging,
authenticity cards, dust bags and labels must also be returned.
The CUSTOMER needs to return the entire order to MALA CHETTY by secure means to ensure it reaches MALA CHETTY in good condition. We recommend that you return the PRODUCTS to MALA CHETTY by track-able means and ensure the return shipment, as you are liable for the PRODUCST until we receive them at our warehouse. In case of dispute, we also recommend you retain proof of sending.
The address to return the PRODUCTS is: MALA CHETTY, Otterlaan 6, 6705 CJ Wageningen, the Netherlands. The goods must be returned without undue delay and in any event no later than 7 days from the day on which you communicate your cancelation of the contract with us.
For orders that are canceled you will receive a full refund after MALA CHETTY has received the
PRODUCTS in good order. We will perform the credit with the same payment method that you used for the initial transaction.
If import duty, tax or (administrative) customs costs are due, these costs will be borne by the CUSTOMER. Upon credit, MALA CHETTY will deduct these costs insofar as they have been charged to MALA CHETTY (as the sender of the package).
The CUSTOMER has to bear all costs for returning the PRODUCTS
RETURNS AND EXCHANGES WITH OUR FREE DHL PICK UP SERVICE
You can also choose to return or exchange PRODUCTS with our free DHL Express return and exchange
service. You must then submit a request through via malachetty.com for the exchange and / or return of the PRODUCT within 14 days after receiving your order. You can exchange the PRODUCT(S) for another size if in stock or receive a full refund.
If a CUSTOMER wants to cancel an order (or a part of an order) and return it to MALA CHETTY, you must log in to malachetty.com and create an account. When registering the account, you must provide the exact same email address that was used when purchasing the PRODUCT. After creating an account, the CUSTOMER can access the order and choose to cancel one or more PRODUCTS, stating the reason for return.
After the CUSTOMER has canceled the order online on the MALA CHETTY website, you will receive an email confirmation with information about the return shipment and the you may book a free pick-up on the DHL website.
If all conditions for cancellation have been met and the PRODUCTS have been received in full and in good condition by MALA CHETTY, it will credit you as soon as reasonably possible and in any case within 14 days of receiving the return shipment. We will perform the credit with the same payment method that you used
If import duty, tax or (administrative) customs costs are due, these costs will be borne by the CUSTOMER. Upon credit, MALA CHETTY will deduct the import taxes, levies and / or (administrative) customs costs insofar as they have been charged to MALA CHETTY (as the sender of the package).
PRODUCTS that are returned must be unused, undamaged and in their original condition. All MALA CHETTY labels and tags must still be attached to it and all accompanying accessories, such as belts, design packaging, authenticity cards, dust bags and designer labels must also be returned. Send an email directly to [email protected] if one of your purchases has been delivered without MALA CHETTY tags and labels.
All returns must first be requested online on the MALA CHETTY website (malachetty.com) before you send the PRODUCTS back to us. This ensures easy identification, efficient and fast processing. Unidentified returns are returned to the sender.
All shoes must be tested on a carpet before use.
Swimwear and bikini briefs must be fitted on underwear without removing the protective adhesive strip.
Return shipments that are incomplete, damaged or contaminated will not be accepted and sent back to the CUSTOMER and / or the refund will be refused.
MALA CHETTY advices that tax and duties are not refundable to NON-EU CUSTOMERS
MALA CHETTY makes every effort, to the extent reasonably possible, to display the colors of our PRODUCTS as accurately as possible. However, because computer screens vary, we cannot guarantee that the display of your monitor will be completely accurate for each color.
We offer a flexible return policy to make your online shopping experience even easier. We do monitor the number of return shipments made by CUSTOMERS and repeated return shipments will be flagged ad may, at our discretion, lead to closure of your MALA CHETTY account or future orders being refused.
PERSONAL INFORMATION AND PRIVACY
MALA CHETTY complies with the privacy rules as laid down in the General Data Protection Regulation (GDPR). The CUSTOMER always has the right to view, change or delete personal data by logging into your account at malachetty.com
MALA CHETTY treats all data it receives from the CUSTOMER as personal and confidential. We will only use your personal data for the execution of the agreement, the payment and the delivery of the PRODUCTS. We are also permitted to use your personal data for promotional activities, such as newsletters. If you do not wish to receive unsolicited advertising, you can unsubscribe and object to further use of your personal data for commercial communication. You can do so by sending an e-mail to [email protected] The option to unsubscribe is also offered in every relevant email from MALA CHETTY.
MALA CHETTY will not disclose the personal data of the CUSTOMER to third parties, except to those parties involved in the payment and shipment of the PRODUCTS.
The use of the malachetty.com website and its content does not grant you any rights in relation to copyrights, designs, trademarks and all other intellectual property rights and material rights in relation to the content, including MALA CHETTY Software and all HTML and other code on this site. Any reproduction or redistribution of the above content is prohibited and may result in civil and criminal penalties. You are only permitted to use the content only as expressly authorized by MALA CHETTY or/and its third-party licensors.
APPLICABLE LAW AND DISPUTES
Dutch law is exclusively applicable to all legal relationships MALA CHETTY is a party to, also if an agreement is wholly or in part executed abroad or if the third party involved in the legal relationship resides abroad.
The court in the place of business of MALA CHETTY has exclusive jurisdiction to take cognizance of disputes, unless mandatory legal provision determines otherwise. Nevertheless, MALA CHETTY has the right to submit the dispute to the competent court according to the law.