Terms and condition

Terms & Conditions 

Welcome to MALA CHETTY.com (‘website’), which is owned and operated by MALA CHETTY. MALA CHETTY is a company under Dutch law and is registered with the Chamber of Commerce under number 83810145 and with VAT identification number NL86299968B01. For further information about please send an e-mail to info@malachetty.com.

Our website provides information about us, our collection, and also showcases and sells our garments (‘products’). You can purchase our products from the website and find out information about our current collections and products.

The following terms and conditions apply to all visitors or users of the site. By using this Site and by ordering our Products, you agree to be bound by these terms and related policies, as they may be modified by us at any time and posted on this website. Therefore, MALA CHETTY advises you to thoroughly read through all of the below mentioned terms and conditions before accessing or using the website. In case of contradiction or silence from this terms and conditions, the Dutch law will be applicable.

The terms and conditions which are applicable on the order are the terms and conditions which were published at the time that the order was made. MALA CHETTY recommends you to print or save a copy of these terms and conditions for future reference.

These terms and conditions were last changed on August 2022.

If you have any queries or concerns regarding these terms and conditions, please contact us at customercare@malachetty.com.

 

Section 1 – Capacity and acceptance 

Anyone wishing to buy products from MALA CHETTY must have capacity to act in law. Should anyone be declared without capacity, they may not buy any products on our website and so acquire the capacity of customers. They must then purchase via their lawful representatives, who will be bound by the terms and conditions.

The customer accepts the terms and conditions by placing an order on MALA CHETTY’s website.

MALA CHETTY can refuse every order if there is a serious assumption of abuse, abuse of law or bad faith.

 

Section 2 – Annulation

MALA CHETTY cannot be held liable for products not being available. Should one or more products in an order not be available, MALA CHETTY will inform the customer via email that its order has been cancelled wholly or in part or split.

In case products are unavailable and the customer has already paid for their products, MALA CHETTY will refund the amount paid and all associated shipping fees immediately, informing the customer by email accordingly. The refund will be credited to the original payment method used to purchase the items. The timing of the refund depends on the payment method chosen by the customer when making their purchase. Should the customer find the refund is taking an abnormal length of time, they are advised to contact their bank.

MALA CHETTY will also cancel the order if the address details are unclear, incorrect, or insufficient to send the products. In this case, MALA CHETTY will inform the customer through email that the order has been cancelled. If the customer has already paid for their products, MALA CHETTY will refund the amount paid and all associated shipping fees immediately, informing the customer by email accordingly. Should the customer find the refund is taking an abnormal length of time, they are advised to contact their bank.

 

Section 3 – Pricing and invoicing

Prices are those as shown on  sites at the moment the customer places their order.

Prices stated during the purchasing process are expressed in Euros and include VAT and administration costs unless expressly stated otherwise.

Product prices do not include transport costs.

Any discount the customer is allowed will be deducted from the price of the products, not from the transport costs.

MALA CHETTY reserves the right to vary selling prices and transport costs at any time, although the products purchased, and costs will always be invoiced and stated in the email which confirms the order. 

The customer agrees to MALA CHETTY sending its invoices electronically, but if the customer would like a hard copy invoice, they can request one via customercare@malachetty.com.  

 

Section 4 – Payment methods

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. The customer’s bank account will be debited once the purchase has been confirmed, and payment will not take effect until such time as the customer’s bank has given its consent to MALA CHETTY. Should the customer’s bank refuse payment, the order will be refused automatically.

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.

The customer warrants they are authorized to make payments by one of the payment methods as stated above, and that there are sufficient funds in the bank account linked to the credit card to cover all costs arising out of the transaction, failing which MALA CHETTY may refuse the order.

MALA CHETTY uses Stripe and Mollie to handle payments online. The company has no access to its customers’ confidential payment details, nor does it keep them.

MALA CHETTY reserves the right to refuse any order from a customer with whom it is in dispute or who has brought a dispute in the past. The company may also refuse an order should the customer not have paid for a previous order, wholly or in part, where there is a serious assumption of abuse, abuse of law or bad faith.

 

Section 5 – Ordering Products 

Products offered on our website are those as they appear on the website at the time the customer implements their order subject to those Products being available.

MALA CHETTY agrees to make every effort to deliver all orders as soon as possible.

All Products offered for sale on the website are described in good faith and as conscientiously and as accurately as is possible; but the photographs and the website are of no contractual value whatsoever. MALA CHETTY cannot accept any liability for any errors which may appear in the descriptions of the products or photographs, including slights variations in colors and dimensions.

Not withstanding any evidence the customer may have in writing, it is expressly agreed that data registered in MALA CHETTY’s IT systems, those of its hosting partners or internet payment partners alone shall constitute evidence of the communications, the content of the orders and the entire transactions which have taken place between the parties.

To place an order, the customer goes to the heading of their choice, chooses the size they wish to receive and then click on ‘add to cart’. This puts the article selected in the ‘cart’. The customer can correct their order as long as the articles are in the ‘cart’. If the customer wishes to confirm their order, they must select a delivery and payment method. The total amount that must be paid is stated clearly throughout the whole billing process. Once the payment process is completed, the order is final and cannot be changed.  Except if the customer explicitly asks to change the order via e-mail and MALA CHETTY accepts this request, to the extent that the order has not been shipped out yet.

In any case the customer will be sent an initial e-mail confirming their order once they have made their purchase. Subsequently a second e-mail will be sent once the order is dispatched.

 

Section 6 – Deliveries

Products ordered will be delivered to the delivery address as stated by the customer during the ordering process and then subject to the terms and conditions described therein.

MALA CHETTY requires a signature for any products delivered, at which point responsibility for purchased products passes to the 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.

Should a delivery go missing during the delivery process, and the provisions of this article have been complied with, MALA CHETTY will send a new shipment entirely at its expenses, this in so far the product is still available, if not the value of the order, including transport costs will be refunded. The risks of loss and/or damage pass to the customer on delivery. 

 

Section 7 – Right to revoke and return

FAULTY AND MIS-DESCRIBED PRODUCTS

MALA CHETTY will not accept returns and provide refunds if a fault arises from fair wear and tear, willful or accidental damage, negligence by the customer or a third party, abnormal or inappropriate storage or working conditions or maintenance, failure to operate or use the products in accordance with the user instructions, misuse or alternation or repair of the products by the customer or a third party that is not authorized by us or the manufacturer. All articles must be returned, including original MALA CHETTY tags, authenticity cards, dust bags, etc. 

The customer should provide proof of purchase when seeking to return a faulty or mis-described item. The customer will need to arrange for return of the item(s) within 14 calendar days of receiving the product(s). MALA CHETTY will inspect all returned items. If the article is eligible for compensation, MALA CHETTY will offer to replace the product with a new one or reimburse the full cost of the item (but not the value of any promotional code(s) used) to the original payment method within 21 days of receipt of the faulty or mis-described item.

The costs and risks involved in returns will be borne by the customer

NON-FAULTY PRODUCTS

If the customer has received a product and it is not faulty or mis-described then he/she may notify MALA CHETTY within 14 calendar days of receiving the product that they wish to exercise their right to revoke without being liable to pay any damages on that account and without having to give any reasons. 14 days after the customer received the order, MALA CHETTY can no longer accept mails from customers who want to revoke their order.

The customer has to cancel the complete order or a part of the order by sending an email to customercare@malachetty.com and including the following information: order number, date of order, shipping address & products (including the name, color, and size of each item) and their quantity.

When the customer revokes the order or a part from the order, the order has to be sent back 5 days after informing. The right to revoke delivered products only applies if the provided product has been sent within 5 calendar days of the customer notifying MALA CHETTY that they wish to revoke their purchase.

MALA CHETTY will wait to refund the customer (purchase price excluding shipping costs) until the moment she receives legitimate proof that the product has been sent to the address provided by MALA CHETTY and when the product has arrived at the given address. The product revoked must be sent back as new in its original packaging, in perfect condition and accompanied by the original packing list. Any returns for which the sender cannot be identified will be refused. 

The risks involved in returns will be borne by the customer.

Returns are free of charge for all orders above € 500, -. For all orders below € 500, -:  when making a return, the shipping costs of the initial shipping fee (being € 25, – for all orders below € 500, -) will be held from the reimbursement of your initial purchase amount. Hence, the cost of the initial shipment will be charged in any case.

Refunds will be made as follows:

All successfully returned items will be credited to the original payment method used to purchase the items. The original shipping charges will not be refunded. Please note that refunds can take up to 10 business days to show on your account due to varying processing times between payment providers. 

All products must be returned in an unworn, unwashed, and intact state, with all protective materials in place, as well as all attached MALA CHETTY tags.

This includes all packaging, accessories, authenticity cards, and dust bags.

We reserve the right to refuse a refund if the product shows signs of wear or has been altered from its original condition in any way, in this instance, you may choose to have the item(s) sent back to you at your own expense.

 

Section 8 – Our content

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. Any infringements of this will be pursued in the courts.

 

Section 9 – Liability 

MALA CHETTY cannot be held liable for any damage to the customer’s systems incurred through visiting the sites including being hacked or computer viruses.

MALA CHETTY cannot be held liable for any errors which may be in photographs or text used in describing products on sites.

MALA CHETTY cannot be held liable for not delivering orders because products are out of stock or for reasons beyond its control, including circumstances of force majeure, pandemics, including disturbances of or suspension of transport, post or communications services, in the event of flood or fire, accidents or damage inherent in using the network.

In any cases where MALA CHETTY is or could be held liable, MALA CHETTY’s liability will be limited to the amount the customer actually paid for the order concerned.  Any other liability is waived. 

Whilst MALA CHETTY tries to ensure that all details, descriptions, and prices which appear on the sites are accurate, errors may occur. If MALA CHETTY discovers an error in the price of any products which the customer has ordered MALA CHETTY will inform the customer of this as soon as possible and give the customer, the option of confirming the order at the correct price or cancelling it. If MALA CHETTY is unable to contact the customer, the order will be cancelled. If the customer cancels and has already paid for the products, the customer will receive a full refund.

 

Section 10 – Disputes and governing law

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. The agreement between the parties is governed by Dutch law.

 

Section 11 – Modification of general terms and conditions of sale and nulity 

MALA CHETTY may modify the present general terms and conditions at any time, including to comply with its statutory obligations. Changes notified via the website will apply to all subsequent offers and orders.

MALA CHETTY reserves the right to modify the design and content of its website at any time.

Should any court decision result in any of the article(s) or paragraph(s) of the present general terms and conditions being null and void or unenforceable, this will not affect the validity or enforceability of the other articles and paragraphs of the present general terms and conditions or the agreement between the parties.