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Terms and Conditions
1.Definition
“The Company” – EM & NM Creations Ltd.
“The Buyer” – The party to whom the goods are supplied
“The goods” – The items supplied by the Company
2. Goods
a. The company shall supply the goods only on these conditions and all other terms conditions and warranties whether express or implied are hereby excluded.
b. No variation in these conditions shall be binding on the Company unless in writing signed on behalf of the Company.
c. Mallula Ltd show on-line, goods which represent the quality and sizes manufactured and supplied to Mallula Ltd. If in the event the manufacture modifies the specification of the goods that are ordered these will be supplied without notification to the customer.
d. Mallula Ltd may from time to time supply capsules which may vary in diameter and in height though the volume that they contain will be that specified on the web page.
e. Mallula Ltd capsules will be in certain cases that may hold a larger volume than indicated on the web page and Mallula Ltd will not be held responsible if in the event the volume held by the capsule is greater than that published on the web
f. Mallula Ltd does not notify either verbally or in writing any changes to the sizes indicated on the web page
3. All quotations by the Company
a. Are based upon the cost of materials transport and labour current at the date of the quotation;
b. Are subject to these conditions;
c. Are valid for 30 days from the date thereof unless otherwise notified in writing by the company.
4. Price Variation
a. In the event of increase in the cost of the company after the date of quotation due to matters beyond the Company’s control, the Company shall have the right to increase the price quoted whether before or after acceptance of the quotation.
b. All prices quoted are net of valued added tax and all other tax of duties.
5. Quantities
The company reserves the right to deliver a reasonable quantity less that or more than the quantity agreed to be supplied. The quantity delivered shall be paid for on a pro-rata basis and shall be deemed to satisfy the requirements of the contract for supply. Where delivery are to be by instalments, then for the purposes of the clause, the instalments shall be aggregated.
6. Delivery dates
Unless otherwise stated in writing, delivery dates quoted or notified by the company are estimates only and cannot be guaranteed, The Company will use reasonable endeavours to comply with such dates but shall not be liable to the Buyer for any loss or damage sustained by the Buyer as a result of a failure to comply with such dates. Mallula Ltd will not be held responsible for any delayed delivery that is outwith it’s control. Mallula Ltd does not guarantee any next day delivery.
7. Shipment & Returns
a. Delivery of the goods is by road transport within the UK unless otherwise stated.
b. Any alternative method of delivery shall be at the buyer’s expense, having first been agreed in writing by the Company.
c. Where the goods are delivered on pallets or in cages, the buyer shall return such pallets or cages to the Company.
Returns, Refunds and Cancellations
Mallula Ltd does not offer a free returns policy and a charge may be made for the recall of unwanted goods. Please note that the Mallula Ltd is not responsible for lost returns. All goods must be returned in original packaging and in good condition. For returned goods a handling charge of 10% of the goods (less VAT) will apply . Refunds will be given in full less the handling charge, and if a delivery charge has been levied the credit will be less this charge. Refunds will be paid direct to the customer via the original payment method that the customer has used to purchase the goods. Payment will be made within 48hrs of the return of the goods. All orders may be cancelled up to the time the goods are dispatched and a full refund will be given. Once the goods have been dispatched cancellation cannot be done.
8. Loss or damage
a. In the event of loss of or damage to the goods in transit, the company will, at its own expense, replace or repair the goods or the part thereof lost or damaged, provided.
b . In the event of partial loss or damage, notice in writing is delivered to the company within 5 days of delivery being tendered by the Company.
c. In the event of total loss, notice in writing is delivered to the Company within 5 days of advice of dispatch.
d. Save as aforesaid, the company shall not be liable for any loss or damage to the goods in transit.
9. Instalment Deliveries
Each part delivery or instalment of the goods shall be deemed to be sold under a separate contract.
10. Risk in the Goods
The risk in the goods shall pass to the Buyer;
a. When delivery is tendered by the Company at the Buyers premises.
b. Where delivery is to be made to a third party at the direction of the Buyer upon tender of delivery to the third party.
c. Where the Buyer agrees to collect the goods when the goods are made ready for loading at the Companies premises. Irrespective of any provision in or signature of any delivery advice or dispatch documents.
11. Payment
Payment for the goods shall be made at the time of ordering by either credit or debit card. For account holders only, payment will be made to the company as it shall direct, within 20 days of the end of the month of delivery of the companies invoice. The Company shall be entitled to charge interest and recover from the Buyer on any amount overdue at an annual rate of 3% above HSBC Bank base rate until payment. Accounts will only be granted to customers if certain criteria are met. The account facilities may be withdrawn if a customer does not adhere to the Terms & Conditions that are given to them.
12. Retention of Title.
Until payment in full has been made (each order being considered as a whole)
a. The property in the goods shall remain vested in the company notwithstanding the provisions of conditions 10.
b. the buyer shall, if so required by the company, clearly mark or designate the goods so that they remain readily identifiable as the property of the company and shall store the same in a proper manner without charge to the Company.
c. If any of the events referred to in Condition 16 occur, the Company shall be entitled to recover any or all of the goods in the buyer’s possession to which the company has title.
Here under and for that purpose, the company, its servants or agents may with such transport as is necessary enter upon any premises occupied by the buyer or to which the buyer has access and where the goods may then be situated.
13. Liability
a. Where it is established to the satisfaction of the company that goods contain at the time of receipt by the customer some defect in quality (not being a defect caused by some act or neglect of the buyer or a third party) and the goods are returned to the Company at the buyers expense within 25 days of dispatch, the company will at its own cost repair or replace the same (the choice being at the Company’s option)
b. Save as aforesaid, the Company shall not be liable to the buyer for any loss or damage whatsoever suffered as a result of a defect being in quality or the goods are not fit for a particular purpose and any implied term, condition, warranty statutory or otherwise whether as to the quality of the goods sold or their fitness for any particular purpose or as to their correspondence with any description or sample is hereby excluded.
c. Without prejudice to the generality of the foregoing provisions the company shall not in any event be liable to the buyer for any indirect or consequential loss, damage or expense.
14. Indemnification
The buyer shall alone be responsible for and shall at all times indemnify the Company against all actions or claims in connection with the goods or the use thereof by the buyer of whatsoever nature and howsoever the same may arise and all liability expense or loss in respect thereof.
15. Force Majeure
The Company shall not be liable for any loss or damage caused by delaying the performance, or by non-performance of any of its obligations here under where the same is occasioned by any cause whatsoever which is beyond the Company’s reasonable control, including but not limited to an Act of God, war, civil disturbance, requisitioning, governmental parliamentary or municipal restrictions or enactments of any kind, import or export regulations, strikes, lockouts or trade disputes (whether involving its own employees or those of any other person) difficulties in obtaining workmen or materials, breakdown of machinery, fire or other accident. Should any such event occur, the company may cancel or suspend this contract, without incurring any liability for loss or damage thereby occasioned.
16.Termination
a.The company has the right (without prejudice to the exercise of any other rights it may have against the buyer) to terminate the contract upon
b. Any breach by the buyer of the contract or any other contract between the buyer and the Company including a failure to pay in accordance with clause 11 hereof or
c.The buyer entering into any composition or arrangement with or for the benefit of creditors or having a receiving order made against him or being a Company having a winding up petition presented or resolving to wind up or having an administrator, receiver or manager appointed over all or any part of its assets.
17. Law
The proper law of the contract shall be English law and Courts of England and Wales shall have jurisdiction in any dispute or matters arising in connection therewith.
