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malmartsales@gmail.com
Welcome to MalMart Online Store

Terms & Conditions

In General

Access to and use of this Website and the goods and services available through this Website are subject to the following terms, conditions and notices. By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

You are responsible for making all arrangements necessary for your own access to our website. You are also responsible for ensuring that all persons who access our website through your Internet connection are aware of these Terms and Conditions, and that they comply with them.

Privacy Policy

The Privacy Policy available on our website informs you of our practices regarding the collection, use and disclosure of any information we collect from or about you. Our Privacy Policy forms part of these Terms and Conditions. We process information about you in accordance with our Privacy Policy. By using our website, you consent to such processing and you warrant that all data provided by you is accurate. In order to purchase through our website, you will be requested to provide your personal details, in particular, your real name, billing address, shipping address, mobile phone number and e-mail address. Furthermore, you will be required to provide payment details. By entering your payment details you warrant that you are the authorised account holder and that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided. You shall comply with our policies and guidelines as apply from time to time.

Our product

We endeavour to ensure that all the products on our website are accurately described, and we rely on information provided to us by our suppliers. Unfortunately, on some occasions it is possible that our website will contain errors and we reserve the right to correct any errors or inaccuracies at any time, including after you have placed an order. In some cases the products we offer for sale are hand-made or made from natural or organic materials, and there may be small variations between the product image(s) and the product you receive. We endeavour to ensure that all colours are displayed accurately, but you should be aware that colours may appear slightly differently on different displays and screens. The shade of colour from screen to screen is not a fault or error. This will be classified as a change of mind and returning items based on change of mind will be at the expense of the customer.

To the extent permitted by applicable law, we do not warrant that the product descriptions, colours, information or other content available or offered on our website are accurate, complete, reliable, current or error-free, nor do we make any warranty about the standard or quality of any of the products offered via our website.

On rare occasions our suppliers find themselves unable to deliver products to us, or the products delivered are not of sufficient quality or workmanship. We reserve the right to withdraw any products from our website at any time and/or remove or edit any materials or content on our website. Whilst we will make our best efforts to process all orders, there may be exceptional circumstances which mean that we may need to refuse to process an order after we have sent you an order confirmation, which we reserve the right to do at any time, at our sole discretion. We will not be liable to you or any other third party by reason of our withdrawing any product from our website, whether it has been sold or not, removing or editing any materials or contents on our website, or for refusing to process or accept an order after we have sent you the order confirmation.

Our website changes regularly

We aim to update our website regularly, and may change content at any time. If the need arises, we may suspend access to our website, or close it indefinitely. We will use reasonable endeavours to ensure our website contains accurate information and content, however, we reserve the right to update our website as soon as an inaccuracy or error is brought to our attention.

Your order

After you have placed your order and we have processed your payment we will provide you with an order confirmation by email. This email does not guarantee that the product(s) you have ordered is/are available. It represents confirmation that we have received your order. Your order represents an offer to purchase, which we accept when we dispatch your product(s) and send you an email confirming that your product(s) has/have been dispatched. Once this email has been sent and the goods have been handed over to the designated carrier, the contract between you and us is complete. The sale contract is therefore concluded in New South Wales, Australia.

If delivery of an order will result in unacceptably high freight charges to MalMart, we reserve the right to contact you to request further shipping fees or to cancel an order prior to dispatch. If we cancel your order in these circumstances we will issue a full refund to you.

In the unlikely event that a product is unavailable, we reserve the right to cancel your order prior to dispatch. We will contact you by email as soon as possible to let you know. You may choose to have a store credit to your account or a refund to the value of the unavailable product. We reserve the right not to accept your order in the event that we are unable to obtain authorisation for payment, where we suspect fraudulent activity, or where you do not meet the eligibility criteria set out, or otherwise contemplated, within these Terms and Conditions or our website. We reserve the right to refuse to process or refuse service to anyone at any time at our sole discretion.

Prices, payment and GST

All prices displayed on our website are in Australian dollars and include GST. All payments are processed in Australian dollars. We accept payment by Visa, MasterCard, American Express and PayPal.

The retail price for each product is provided to us by our supplier and is shown alongside the sale price for your reference. Prices are subject to change effective immediately upon posting to our website or other form of notification.

In some cases our products may be sourced from international markets and may not be available for sale elsewhere in Australia. In that case our supplier provides us with a retail price in Australian dollars based upon a conversion of the price in the market from which the products were sourced. In cases where our products have not previously been sold in any retail market, we work with our supplier to set a retail price based upon the price of products we deem to be competitive products in the Australian retail market.

Payment security

We use industry standard encryption to keep your personal information secure throughout the payment process. We do not permanently store your credit card or bank information. We will not be liable for any damages or losses (whether direct or indirect) caused if a member's card is used fraudulently.

In an effort to prevent fraudulent use of credit cards or other payment options, we will undertake reasonable efforts to validate the legitimacy of the order and payment method. This process may include requesting proof of identity and a formal check on. However, we do not guarantee that we can prevent the fraudulent use of such information by unauthorised third parties. In instances of high value orders being placed and/or where we suspect your card may be at risk of fraudulent use, we will follow internal company procedures to confirm the order is bona fide. Orders undertaking a formal check will be placed on hold until we have received confirmation this transaction is legitimate. Where we cannot reasonably rule out fraudulent card use prior to processing your order, we may decide to cancel the order (notifying you via email).

Delivery

Delivery Fees: Free delivery for any order.

Delivery time: Typically, items listed on the website will be dispatched from our warehouse within 24 to 72 business hours. In some cases the estimated dispatch time frame will be longer, for example where items are made to order. From time to time the delivery of specific items will exceed our usual stated delivery window for reasons outside our control. We work hard to process all orders as quickly as possible and we will send you an email to let you know when your item has been dispatched by us or if we anticipate delays.

Risk in the products passes to you on commencement of delivery. We do not accept liability for any loss, theft or damage to the products after delivery.

Delivery methods & locations: We work with a number of delivery partners and courier companies in order to deliver nationwide; in some cases this may be handed to a third party to ensure remote areas can be accommodated. Your order will be delivered to the delivery address provided by you during the checkout process or as updated through our Customer Care team after your order is finalised.

Delivery is to a ground floor; if the delivery is in a multi-story building the delivery company will not travel past the ground floor front door.

For larger high value items, we may be able to offer alternate delivery service, however this is not available for all items and all areas. Our customer care team can confirm if this is available to your order and area, applicable fees and charges will apply for this service.

We cannot deliver to PO boxes.

Our delivery partner may leave a card at the address and you will need to pick up the delivery from your an Australia Post outlet or contact the courier company to arrange for re-delivery.

We reserve the right to refuse delivery to specific locations for items we deem at high risk of loss or damage, and also areas that are inaccessible with standard courier and delivery services. In this case, you may choose to have an item delivered using your own couriers, in which case all insurance for loss or damage to the order caused by the delivery will be your responsibility.

You agree to pay any shipping and handling charges presented to you at the time you make a purchase.

We deliver most products Australia-wide. In some cases, we will only be able to deliver products in metropolitan areas. We are not able to accept orders for international delivery at this time.

Delivery failure: It is important that you verify your information is correct before placing your order, especially your delivery address. If the address provided is incorrect and the package is returned, you will be billed for the additional shipping charges in order for your delivery to reach you. You agree to this by placing an order with us, we reserve the right to pass on applicable charges to you if you provide wrong address information. We also require a contact phone number, which may be used by the courier to arrange delivery. If we and our delivery partner have been unable to deliver your order due to your error or fault after 21 days or 2 attempts (whichever is sooner), we reserve the right to cancel your order. In these circumstances we will refund you the price of your order, less the delivery and handling fees incurred by us.

Returns

Peace of mind returns: If you change your mind or your order is not quite right, you may return it to us within 15 days of the date you received it. You can contact us with your name and order number and our customer care team will arrange the return delivery on your behalf. The return shipping costs will be automatically deducted from the refund on your returned item.

Items returned must be in 'as-new' condition. This means you have not used, damaged, washed or laundered any of the items. Please return items secured in their original packaging if possible.

After we have received your item and confirmed it is in 'as-new' condition, we will issue you with a refund or store credit of the purchase price less the initial delivery fees. If you have purchased an item using a free shipping offer and returned it because you have changed your mind, we will deduct the actual shipping cost to us from your refund. If we cannot be satisfied that you purchased the product from us then we will not accept your product for return.

We will not accept returns delivered in person to our offices. Any return received at our warehouse without prior notification may be subject to a handling and re-stocking fee.

Your consumer rights: The goods you purchase come with guarantees that cannot be excluded under the Australian Consumer Law. If your product is faulty, broken or otherwise non-compliant with a consumer guarantee under the Australian Consumer Law please contact us as soon as possible with your name and order number and our customer care team will advise you on the next steps.

Damaged items: Unfortunately, and despite our best efforts, items are occasionally damaged in transit. If you notice that an item is damaged when it is delivered to you, please contact us within 2 days of delivery with clear digital photos showing the damage. Our customer care team will advise you on the next steps.

The type of remedy we offer will depend upon the circumstances. We may arrange to replace the product (subject to availability), provide you with a partial or full refund of the purchase amount or work with you to arrange repair of the item by a local tradesperson in your area. If we require you to return the product to us, we will pay the cost of the return.

Our rights: We reserve the right to refuse a refund in cases where we deem damage to a product to be due to fair wear and tear, misuse, failure to use in accordance with manufacturer's instructions or failure to take reasonable care.

Exchange: Please contact our customer care team with your order number and item details you wish to exchange. This is a request based on availability and cannot be guaranteed.