Terms and Conditions


UK Terms & Conditions

Hello and welcome to Malavara and our Terms and Conditions! Your use of this website is governed by these Terms and Conditions set out below, so please read them carefully.

By using any part of this website, mobile applications or blogs (collectively, the ”website”) provided by Washworks Bodycare Ltd in the UK and House of Malavar LLC in the US, or House of Malavar Private Limited in India our subsidiaries or affiliates (herein referred to as “Malavara”, “we”, “us, “or “our”) including and without limitation, www.malavara.com, pursuant to which we offer beauty advice and tips on trends and practices, as well as make available our unique beauty products or other products for purchase (the “Products”) (collectively, with the website, the “Services.”), completing your customer registration with us and/or placing an order on the website, you agree to be bound by the Terms and Conditions (this “Agreement”). You also agree to all other operating rules, policies and procedures that we may publish from time to time on the website, including our Privacy Policy, each of which is incorporated by reference and each of which may be updated from time to time without notice to you, although no such change will affect any order you have already placed with us. Certain of the Services may be subject to additional terms and conditions we specify from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into this Agreement by reference. This Agreement applies to all users of the Services.

We reserve the right, at our sole discretion, to change or modify portions of this Agreement at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date this Agreement was last revised. You may read a current, effective copy of this Agreement at any time by selecting the “Terms and Conditions” link on the website. Your continued use of the Services after any such changes constitutes your acceptance of the new Agreement. You should periodically visit this page to review the current Agreement so you are aware of any revision to which you are bound. If you do not agree to abide by this or any future Agreement, do not use or access (or continue to use or access) the Services.

Your Account

If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering.You may never use another person's user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, as described in our Privacy Policy.

Malavara reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.

Access to Malavara

We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

Copyright and Database Rights

This website is produced, owned and operated by Malavara. All content included on the website, such as text, graphics, logos, button icons, images and software, is the property of Malavara or its subsidiaries, its affiliates or its content suppliers and is protected by United Kingdom and international copyright and database right laws. The compilation of all content on this website is the exclusive property of Malavara and its affiliates and is protected by United Kingdom and international copyright and database right laws. All software used on this website is the property of Malavara, its affiliates or its software suppliers and is protected by United Kingdom and international copyright laws.

Malavara grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Malavara. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without Malavara's express written consent.You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Malavara and its affiliates without express written consent of Malavara. You may not use any meta tags or any other 'hidden text' utilising Malavara's or its affiliates' names or trademarks without the express written consent of Malavara. Any unauthorised use terminates the permission or license granted by Malavara.You are granted a limited, revocable, and non-exclusive right to create a hyperlink to any page within the website as long as the link does not portray Malavara, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Malavara logo or other proprietary graphic or trademark as part of the link without Malavara's express written consent.Any unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.You must not use the website for any of the following:for fraudulent purposes, or in connection with a criminal offence or other unlawful activity;to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of, or contains, software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any 'spam'; to cause annoyance, inconvenience or needless anxiety.

User Content

With respect to the Photos (as defined below), Submissions (as defined below), and any content or other materials you provide to or upload through the website or the Services or share with other Site users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein, and that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You shall not (and shall not permit any third party to) take any action or upload, post, or otherwise distribute any User Content that infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty. You shall not (and shall not permit any third party to) take any action or upload, post, or otherwise distribute any User Content that you know if false, misleading, untruthful or inaccurate, or is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion.

You acknowledge and agree that the Photos may be used in Malavara’s showroom space, retail locations and email or on any sites Malavara owns and operates, and you hereby grant us permission to use and authorize others to use your name or social media handle in association with the Photos for identification, publicity related to the Services and similar promotional purposes, including after your termination of your Account or the Services. You represent and warrant that the posting and use of your Photos, including to the extent such Photos include your name, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and other intellectual property rights.

Except where prohibited by applicable law, by submitting User Content through the Services, you are waiving and agreeing not to assert any copyrights or “moral” rights or claim resulting from our alteration of the User Content or any Photos, Submissions, photograph(s), footage, illustrations, statements or other work contained in the User Content. You are also agreeing to appoint Malavara as your irrevocable Power of Attorney with respect to the User Content, with the right to execute and deliver any documents, in your name and on your behalf, to ensure that we can use the User Content that you are licensing in any way we see fit, own and protect the rights in any derivative works created from your User Content, and have the User Content removed from any other website or forum.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the website (“Submissions”) that you provide to us are non-confidential and we will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without your acknowledgment or compensation to you. You acknowledge and agree that we may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce this Agreement; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Malavara, our users and the public. You understand that the technical processing and transmission of the website, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify us of your infringement claim in accordance with the procedure set forth below. We will process and investigate notices of alleged infringement and will take appropriate actions under the EU Electronic Commerce Directive and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Malavara’s Copyright Agent at care@Malavara.com (Subject line: “Takedown Request”).

To be effective, the notification must be in writing and contain the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the website, with enough detail that we may find it on the website;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
  • In accordance with the EU Directive and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Services and/or terminate the Accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

 

Trademarks

The trademarks, service marks, and logos of Malavara (the “Malavara Trademarks”) used and displayed in connection with the Services are registered and unregistered trademarks or service marks of Malavara. Other company, product, and service names located on the Site or otherwise used in connection with the Services may be trademarks or service marks owned by third parties (the “Third Party Trademarks”, and, collectively with the Malavara Trademarks, the “Trademarks”). Nothing on the Site, in the Services or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site or otherwise used in connection with the Services without our prior written consent specific for each such use. The Trademarks may not be used to disparage us or any applicable third party, our or the applicable third party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any website is prohibited without our prior written consent. All goodwill generated from the use of any Malavara Trademark shall inure to our benefit.

Third Party websites

The website may contain links to third party websites, services or other resources on the Internet, including but not limited to our sponsors and Facebook, and other websites, services or resources may contain links to the website (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any External Sites.

You may enable or log in to the website via various online third party services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Services, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use such information in accordance with our Privacy Policy.

Please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such Social Networking Services, and we shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled on the Site or offered through the Services. In addition, we are not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. We enable these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

We may participate in affiliate marketing and may allow affiliate links to be encoded on some of our pages. This means that we may earn a commission if/when you click on or make purchases via affiliate links.

Our Contract

When you place an order to purchase a product from Malavara, we will send you an email confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we dispatch that product to you and is confirmed by an email we send to you confirming that we have dispatched the product (the 'Dispatch Confirmation E-mail'). That acceptance will be complete at the time we send the Dispatch Confirmation Email to you. Any products on the same order which we have not confirmed in a Dispatch Confirmation Email to have been dispatched do not form part of that contract. You are seeking to enter into a contract with Malavara when you place an order.

Payments; Billing and Subscription Services.

You agree to provide accurate and up-to-date payment information at the time you order any Product. We have contracted with a third party payment processor to facilitate purchases made on the website. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this. In some jurisdictions, our payment processor utilises third parties under strict confidentiality and data protection requirements for the purposes of payment processing services. You agree to have sufficient funds or credit available upon placement of any such order to ensure that the purchase price will be collectible by us. We strive to provide accurate pricing information regarding the Products available on the website. We cannot, however, insure against pricing errors. We reserve the right, at our sole discretion, to not process or to cancel any orders placed for a Product whose price was incorrectly posted on the website as a result of an error. If this occurs, we will notify you by email. The website may contain information regarding the availability of Products. In rare cases, a product may be in stock when you place the order, and sold out by the time we attempt to process the order. Should this happen, we will notify you by email and cancel the item from your order. We also may offer some Products for sale before they have been manufactured or arrive at our warehouse. When you preorder these Products, we will ship them out once they are available. In rare cases, these items may not become available for shipping. Should this happen, we will notify you by email and cancel the item from your order.

Unless otherwise specified, prices quoted are exclusive of the costs of shipping or carriage to the agreed place of delivery. You agree to pay for taxes, shipping or carriage of the Products as such costs are specified by us when you submit your order.

All orders of Products must be for your personal use only. By purchasing Products, you hereby agree not to resell or distribute such Products for any commercial purposes. All orders are subject to our acceptance or rejection based on Product availability, noncompliance with this Agreement or any other reason as determined in our sole discretion. For instance, if we have reason to believe that your order is not for personal use, we reserve the right to reject or cancel any order that you place. We also reserve the right, in our sole discretion, to take steps to verify your identity to process your order. We will either not charge you or refund the charges for orders that we cancel or do not process.

We attempt to provide accurate descriptions of Products. We do not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. If a Product is not as described, your sole remedy is to return the item, as specified in this Agreement. We occasionally run promotions or provide limited-time offers for our Products. Please review the promotion or offer for eligibility and other terms and conditions. All other information with respect to the purchase of Products from the website can be found on www.malavara.com.

Liability and Warranty

Malavara, our affiliates, and our respective directors, employees, agents, suppliers, or licensors (collectively, the “Malavara parties“) make no warranties or representations about the content or the services, including but not limited to the website’s accuracy, reliability, completeness, timeliness or reliability. The Malavara parties shall not be subject to liability for the truth, accuracy or completeness of the content or the services or any other information conveyed to the user or for errors, mistakes or omissions therein or for any delays or interruptions of the data or information stream from whatever cause. You agree that you use the services and the content at your own risk.

The Malavara parties do not warrant that the services will operate error‑free or that the site, its server, or the content are free of computer viruses or similar contamination or destructive features. If your use of the services or the content results in the need for servicing or replacing equipment or data, no Malavara party shall be responsible for those costs.

The content and the services are provided on an “as is” and “as available” basis without any warranties of any kind. The Malavara parties disclaim all warranties, including, but not limited to, the warranties of title, merchantability, non-infringement of third parties rights, and fitness for particular purpose. in no event shall any Malavara party be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the services or the content, whether based on warranty, contract, tort (including negligence), or any other legal theory.

Some jurisdictions do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such jurisdictions, the liability of the Malavara parties shall be limited to the greatest extent permitted by law.

Returns

Please review our Returns Policy, which applies to products purchased from us.

Pricing and Availability

Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, we will inform you by email if any products you order turn out to be unavailable.All prices are inclusive of VAT (Value Added Tax) at the prevailing rate. In the case of the mis-price, if a product's correct price is lower than our stated price, we charge the lower amount and send you the product. If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation.

Customs

When ordering goods from Malavara for delivery outside the UK the recipient may be subject to import duties and taxes. Any charges for duty, taxes and customs clearance must be borne by the recipient. We have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact the local customs office for further information. Additionally, please note that when ordering from Malavara, the recipient is considered the importer of record and must comply with all laws and regulations of the country in which the goods are received.Your privacy is important to us and we know that you care about how information about your order is used and shared. Please be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

Children

Malavara does not sell products for purchase by children. If you are under 16, you may use the website only with the involvement of a parent or guardian.

If you are below the age of consent under applicable law in the country in which you reside, then your parent or legal guardian must read and accept the terms and conditions of this Agreement in your name and on your behalf.

You represent and warrant that you are at least 16 years of age. If you are under age 16, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time.

We continually test new features, functionalities, services, user interfaces and products that we are considering incorporating into our Services. We reserve the right to include or exclude you from these tests without notice.

You are solely responsible for ensuring that your use of the Services is in compliance with all laws, rules and regulations applicable to you. If the applicable law in the country in which you reside requires that you must be older than 16 to receive certain Services, then the minimum age is the legally defined one. If you are a minor, you may wish to consult your parents about what portions of the Services are appropriate for you. The right to access the Services is revoked where this Agreement or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation.

Electronic Communications

When you visit the Website or send emails to us, you are communicating with us electronically. We communicate with you by email or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

Alteration of Service or Amendments to this Agreement

We reserve the right to make changes to our Website, policies, and this Agreement at any time. You will be subject to the policies and this Agreement in force at the time that you use the website or that you order goods from us, unless any change to those policies or this Agreement is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of this Agreement is deemed invalid, void, or for any reason unenforceable, that Agreement will be deemed severable and will not affect the validity and enforceability of any remaining Agreement.

Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

Waiver

If you breach this Agreement and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Termination

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Services or the Content at any time and for any reason without prior notice or liability, including the right to reject any order you place for the purchase of Products, which may result in the forfeiture and destruction of all information associated with your Account. We reserve the right to change, suspend, or discontinue all or any part of the Services or the Content at any time without prior notice or liability. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity, limitations of liability, class action waivers and arbitration.

Governing Law and Jurisdiction

This Agreement is governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts. Your statutory rights are not affected by these terms and conditions.

Our Details

Malavara is owned by Washworks Bodycare Ltd, a company registered in England and Wales with registration number 08483892 and our registered office is at 207 Regent Street (3rd Floor), W1B 3HH, London, UK. You may contact us at the following email address: care@malavara.com