INFORMATION ABOUT US
This site is operated by and the goods you purchase will be supplied by Malaika Online Store GmbH ("we"). We are registered in the Local Court of Charlottenburg in Germany under company number HRB 189279 and with our registered office at Dubrowstr. 29, 14129 Berlin, Germany, which is our main trading address is.
Our VAT number is DE 313586308.
You can contact us by email at customer-service@malaikalinens.com, by telephone on +49 (0)30 - 80 49 90 42 or write to us at our registered address given above.
YOUR PERSONAL INFORMATION
We will use your personal information in accordance with our Privacy Policy which you could look up here.
ORDERING
You may place an order to purchase goods advertised for sale on this site by following the onscreen prompts after clicking on the item you wish to purchase. You will have an opportunity to check and correct any input errors in your order up until the point at which you place your order by clicking the "Order with obligation to pay" button on the checkout page. If you submit an order for goods via this site by clicking the 'Order with obligation to pay' button, your order is an offer to us to buy the goods you have ordered on this site.
We will acknowledge receipt of your order by sending you an automatically generated e-mail accepting your order. With this e-mail the contract will be concluded.
The contract will relate only to those specific goods which are referred to in our e-mail confirming our acceptance of your order. You should read and check the details in this e-mail to ensure that they are correct.
If the details in the email confirming your order are not correct, or if you are not satisfied with the details in the email, please contact us at customer-service@malaika-store.com.
The contractual language is English.
Where we accept your order, we have a legal duty to supply goods that are in conformity with these Terms and Conditions.
PRICE AND DELIVERY COSTS
Information displayed on this site relating to pricing is subject to change by us without notice, but those on the site at the time of any order placed will be the prices applicable to that order.
Occasionally, an error may occur and goods may be incorrectly priced in which circumstances we will not be obliged to supply the goods at the incorrect price or at all. We will (at our discretion) either cancel your order and refund the price you have paid or use reasonable endeavours to contact you and ask you whether you wish to continue with the order at the correct price. If we are unable to contact you or you do not wish to continue with the order at the correct price, we will cancel your order and refund the price you have paid. However, where the correct price of the goods is less than our stated price, we may (at our discretion) continue with your order and charge the lower amount on dispatch.
Unless stated otherwise, all prices include VAT (where applicable) but exclude duties and import taxes as well as delivery costs. Delivery costs can be looked up here.
They will be notified to you separately before you submit your order and will be confirmed to you by e-mail.
AVAILABILITY AND DELIVERY
Information displayed on this site relating to availability is subject to change by us without notice. We cannot guarantee permanent or continuous availability of all products on this site. All orders are subject to availability at all times.
We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order on this site.
Delivery will be made according to the information on the product pages after your order is accepted.
We will use reasonable endeavours to deliver the goods on any specified date we agree, or if no date is specified, within 30 days after the day on which we accept your order. In the case of unforeseen circumstances beyond our reasonable control (for example, adverse weather conditions, unpredictable delays caused by traffic congestion, road works, diversions or mechanical breakdowns, in each case to the extent beyond our reasonable control) we may not be able to deliver the goods within these timescales and we will not be liable for any delay or failure to deliver the goods if the delay or failure is wholly or partly caused by such circumstances. In the event that a delivery does not take place, we and you will agree an alternative delivery date.
We are also not responsible for any delay in delivery caused by the unavailability of someone to take delivery of the products. It is your responsibility to contact the post office or courier company as applicable to arrange the collection or delivery of products that could not be delivered because you were unavailable.
RIGHT TO CANCEL
You have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right to cancel, you must inform us (Malaika Online Store GmbH, Dubrowstr. 29, 14129 Berlin, Germany, customer-service@malaikalinens.com, Phone number: +49 (0)30 - 80 49 90 42) of your decision to cancel this contract by a clear statement (e.g. an email or a letter sent by post). You may use the attached model cancellation form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
EFFECTS OF CANCELLATION
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement without undue delay, and not later than 5 - 10 days after the day we receive back from you any goods supplied. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
REFUNDS POLICY
Following cancellation, we will refund you the price paid for the cancelled order (or part of the order cancelled), less any collection or return charges (if any). We will also refund any standard delivery charges paid, or an amount equal to those charges if you elect to use a more expensive delivery method. We will pay the refund within 5 - 10 days after the day:
- You notified us to cancel your order, where you have not received the goods (and the goods have not been dispatched to you) or where we have agreed to collect the goods; or,
- We receive the goods you returned to us, where you are in receipt of the goods;
We will refund you using the same means of payment as you used to pay for your order. We reserve the right to make a deduction from the amount of the refund for loss in value of the goods returned where the goods show signs of unreasonable use; for these purposes, unreasonable use means handling the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods, in particular if it goes beyond the sort of handling that might reasonably be allowed in a shop. We may withhold any refund until we have received the goods.
Without limiting your cancellation rights above, if you are not satisfied with a product because it is deficient, not what you ordered or we have delivered an incorrect quantity, please return the product to us. Once we have confirmed the product defect or other problem, we will:
- Provide a full refund for any product that is not what you ordered; or
- At your option, repair or replace the deficient goods at our cost (including the cost of postage), unless this would not be possible or would be disproportionately costly in the circumstances, in which case we will refund to you the amount paid for the goods in question.
We will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 5 - 10 days of the day we confirmed to you via e-mail that you were entitled to a refund for defective goods.
CANCELLATION BY US
We reserve the right to cancel the contract between us if, for example:
- We have insufficient stock to deliver the goods you have ordered;
- We do not deliver to your area; or
- One or more of the goods you ordered was listed at an incorrect price.
If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit or debit card as soon as possible.
TITLE AND RISK
You will become the owner of the goods you have ordered when they have been delivered to you and we have received clear funds in full payment for the goods. Once goods have been delivered to you or a person nominated by you they will be held at your own risk and you will be responsible for them.
LIABILITY
To the extent not prohibited by law, we accept no liability for any:
- loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you and we entered into our contract);
- loss which arises when we are not at fault or in breach of these Terms and Conditions; and
- business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses, as well as business interruption). Nothing in these terms will affect any liability we may have: (a) for fraudulent misrepresentation; (b) for death or personal injury arising from our negligence: (c) under Part I of the Consumer Protection Act 1987; (d) for breach of any condition as to title or quiet enjoyment of or in relation to any goods supplied by us; or (e) in relation to any other liability, including any liabilities under sale of goods or supply of services legislation, that may not by applicable law be excluded or limited.
EVENTS BEYOND OUR CONTROL
We will have no liability to you for any delay in delivering goods you have ordered that is caused by any event or circumstance beyond our reasonable control (including, without limitation, accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition of restrictions on imports or exports).
GENERAL
If any provision of these Terms and Conditions is found to be invalid, illegal or unenforceable, the validity, legality or enforceability of any other part of these Terms and Conditions and the remainder of the provision in question will not be affected.
No person other than you and us shall have any rights to enforce our agreement, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
If we fail to insist that you perform any of your obligations under our agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
You may not assign or transfer your rights or obligations under our agreement, unless we agree in writing.
We may update, vary and amend these Terms and Conditions from time to time without prior notice. Each time you order or otherwise purchase any goods from us, the Terms and Conditions in force at that time will apply (as set out on this site). Please check this site to ensure that you understand which Terms and Conditions apply.
LAW AND JURISDICTION
These terms are governed by German law. Any contract for the purchase of goods from this site and any dispute or claim arising out of or in connection with any such contract will be governed by German law. You and we both agree that the courts of Germany will have non-exclusive jurisdiction.
Model Cancellation Form
- To Malaika Online Store GmbH Dubrowstr. 29, 14129 Berlin,
email: customer-service@malaikalinens.com
- I / we [*] hereby give notice that I / we [*] cancel my / our [*] contract of sale of the following goods [*] / for the supply of the following service [*],
- Ordered on [*] / received on [*]
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only if this form is notified on paper)
- Date
[*] Delete as appropriate