Thank you for visiting www.maleeonline.com (hereinafter referred to as the “Site”).

PLEASE READ THE FOLLOWING INFORMATION CAREFULLY BEFORE USING THE SITE.

This notice is issued by Malee Cosmetics Limited and Malee Natural Science Ltd, a company registered in South Africa and the United Kingdom. Malee Cosmetics and Malee Natural Science Ltd operates the online store (Malée Natural Science and/or its affiliates, as the context may require are hereinafter referred to as “Malée” or “we”).

Your use of the Site is subject to the following terms and conditions (hereinafter referred to as the “Terms”). Whether or not you choose to register on the Site, your continued access to our Site indicates that you agree to comply with and be bound by these Terms. The Privacy Policy forms part of these Terms. If you are a resident of the USA and using our online store for delivery in the mainland USA and Alaska then the Purchase Information will also apply to you. If you do not accept the legal notices in full, you must leave the Site immediately.

If Malée makes a material modification to these Terms, it will display a prominent announcement above the text of these Terms or the Privacy Policy. Malée may revoke your right to use the Site in the event that it knows or reasonably suspects you are in breach of these Terms.

COPYRIGHT TRADE MARKS AND OTHER

This Site and its contents are protected by copyright, trade marks and/or other intellectual property rights. The content of the Site is the property of Malée or is used with the permission of its owners. Such content includes, but is not limited to, all photographs, images, illustrations, texts, video clips, audio clips, logos, trade marks, graphics and other materials appearing on the Site, as well as the software used for the design and function of the Site. The “Malée” name and brand, any logos and all other Malée related marks appearing on this Site, whether registered or not, are the property of Malée. All rights are reserved worldwide.

LIMITED LICENCE

The data contained on this Site is presented for information and promotion purposes only. This Site is intended solely for private, personal and non-commercial use. You may download or reproduce information appearing on this Site solely for personal and non-commercial purposes. The downloading or reproduction of any content or software gives you no right, title or interest with respect to such content or software. With the exception of personal and non-commercial use, you are prohibited from reproducing, publishing, transmitting, disseminating, displaying, erasing, deleting, adding to or modifying in any way whatsoever, creating derivative works from, selling or participating in the sale of any part of this Site, any material contained on this Site or any related software. Any other use of the content of this Site, including its reproduction for purposes other than your personal non-commercial use, modification, dissemination or reproduction, without Malée prior written consent, is strictly forbidden.

SUGGESTIONS AND SUBMISSIONS

If you choose to submit any comments, suggestions, drawings, concepts, photos or testimonials, other than your personal data which is covered by our privacy policy, through this Site (hereinafter referred to as the “Suggestions”), you do so on the basis that the suggestions are not confidential and are non-proprietary. Malée has no obligation:

(i) to preserve the confidential nature of any Suggestion;

(ii) to compensate financially anyone in exchange for or in connection with a Suggestion; or

(iii) to reply to or acknowledge receipt of any Suggestion made to it.

You hereby represent and warrant that none of your Suggestions infringe the rights of a third party, including but not limited to, copyright, trade marks, patents, trade secrets, privacy or any other personal or property rights. By making a Suggestion, you acknowledge that Malée may (but is not obliged to) copy, publish, disseminate or use this Suggestion for any purpose, including, but not limited to, advertising, promotional or product development purposes or any other commercial purpose, without reference to you and without any financial compensation being payable to you or any other person.

This Site may contain links to other third party sites. Malée shall not be held liable for the availability or content of such sites or any article contained on or obtained through such sites. Any link to another site or any reference to information, products or services supplied by third parties, in no way implies that Malée endorses those sites or any material on those sites. Any question or comment concerning any other site must be sent to that site’s operator. You may not link to this Site without the prior permission of Malée.

The Malée products featured on the Site are representative of Malée’s collection. However, not all Malée products are featured on the Site. Not all products featured on the Site are available in the Malée shops or partner outlets. The style, designs and colours of the Malée products featured on the Site may be modified without prior notice.

The content of this Site may contain inaccuracies or typographical errors. Malée shall not be held liable for any inaccuracy or error, or for loss or damage caused by or resulting from the use of information obtained on or through the Site. It is up to you to assess the information and any other content available on or through the Site. The Site and the information and articles appearing on it are liable to be modified at any time, without notice or advance warning.

NO WARRANTIES

This Site and its contents are provided on an “as is” and “as available”  basis. Malée gives no representation or warranty of any kind, whether express or implied, including but not limited to, title or the absence of malicious programs (such as viruses, worms or Trojan horses). All warranties as to merchantability or suitability for a particular use are expressly excluded. Malée does not warrant or represent that the information contained on the Site is accurate, complete or up-to-date, that the Site contains no defect or that any such defect shall be corrected. By using this Site, you agree to do so at your own risk and assume full responsibility for any loss of data and the costs related to any assistance or repair of any hardware and/or software used by you for connecting to the Site, and you agree to hold Malée harmless for any damage whatsoever that may be caused by, result from or be connected to your use of the Site. In cases where the applicable law does not permit the exclusion of implied warranties, some or possibly all of the above disclaimers may not apply to you.

LIMITATION OF LIABILITY

Malée shall under no circumstances be held liable for any actual, direct, indirect, special, punitive, incidental, exemplary or consequential damage, or any other damage, whatever its nature, (even if Malée was previously informed of the possibility of such damage) whether under contract, tort or otherwise arising out of or in connection with the use, inability to use, or the performance of this Site and its content. As some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damage, some or all of the limitations mentioned above may not apply to you. Malée shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation if the same is wholly or partly caused by circumstances beyond its reasonable control.

REPRESENTATIONS AND WARRANTIES

You represent, warrant and covenant that (a) you have the power and authority to enter into this agreement; (b) you are at least eighteen (18) years old; and (c) your use of the Site will comply with these Terms

You hereby agree to defend, indemnify and hold harmless Malée, its subsidiaries and affiliated companies as well as their representatives, directors, employees and shareholders from and against any lawsuit, damages, losses, costs and expenses, including but not limited to any reasonable lawyers’ fees and legal costs ensuing from or connected to your use of this Site. Nothing in these Terms shall exclude or limit Malée liability for death or personal injury caused by negligence, for fraud or for any liability which cannot be excluded or limited under applicable law.

APPLICABLE LAW

If you are located in the United Kingdom, these Terms, your use of this Site and any dispute between us shall be governed by the laws of United Kingdom and you and we submit to the jurisdiction of the United Kingdom courts otherwise, these Terms, your use of this Site and any dispute between us shall be governed by the laws of South Africa and you agree to submit to the jurisdiction of and venue in United Kingdom.

COMPETITIONS

All competitions are promoted by Malée (hereinafter referred to as the “promoter”).

Employees of Malée or their family members or anyone else connected in any way with the competition shall not be permitted to enter the competition.

There is no entry fee and no purchase necessary to enter competitions.

Route to entry for the competition and details of how to enter are via blog posts or Malée Instagram, Facebook and/or Twitter profiles.

Closing date for entry will be as advertised. After this date no further entries to the competition will be permitted.

No responsibility can be accepted for entries not received for whatever reason.

The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter.

The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with its competitions.

No cash alternative to the prizes will be offered. The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.

The winner will be within 28 days of the closing date. If the winner cannot be contacted or does not claim the prize within 14 days from notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner. The promoter will notify the winner when and where the prize can be collected.

The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.

By entering Malée competition(s), an entrant is indicating his/her agreement to be bound by these terms and conditions.

The competition and these terms and conditions will be governed by applicable law.

The winner agrees to the use of his/her name and image in any publicity material. Any personal data relating to the winner or any other entrants will be used solely in accordance with current South African data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.

Entry into the competition will be deemed as acceptance of these terms and conditions.

This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter, Instagram or any other Social Network.

The information provided will be used in conjunction with the following Privacy Policy found here.

PRODUCT AVAILABILITY

Malée products available for purchase online are subject to availability. As necessary, we reserve the right to limit the quantity of products we supply; supply only part of an order or to divide up orders. We also reserve the right to alter the terms or duration of any special offers or sale promotion. We will inform you if we are unable to fill your order. Each client may make online purchases of up to four items per style, unless otherwise stated. If you would like to purchase additional quantities, a Malée sales assistant will be pleased to assist via e-mail info@maleeonline.com

Please note the following product availability descriptions:

•  In Stock: Products are currently being held in stock and are ready to ship.

•  Out of Stock: Products are currently unavailable, and will most likely be available in the future. In this

instance, please select to email you when in stock we will contact you once this product is available.

PRICING AND PAYMENT OPTIONS

While we try to ensure that all prices on our Site are accurate, errors may occur. If we discover an error in the price of the merchandise you have ordered, we will give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. Risk of loss or damage to products you order on this Site passes to you on delivery of the products, title passes once we have received payment in full for the products.
Prices displayed on the Malée Site are quoted in Great British Pounds. Malée accepts the following forms of payment for online purchases:

Visa

Mastercard

• Paypal

The transaction will be charged to your credit card only after we have verified your card details, received credit authorization and confirmed stock availability.

SHIPPING AND DELIVERY

For security reasons, Malée online purchases will require a signature upon delivery. In addition, purchases may not be shipped to P.O. boxes or APO/FPO addresses. All purchases are shipped via Courier.

To estimate the total delivery time for your purchase, please allow one to two business days to process your order for shipment, in addition to the time indicated by your preferred shipping method. Orders are processed and delivered Monday through Friday, excluding holidays. Malée cannot be responsible for unanticipated delays.

If you wish to cancel or modify your order, please send an e-mail as soon as possible to orders@maleeonline.com.

We will make every effort to accommodate your request; however, once a product has left our warehouse for shipping, the purchase cannot be cancelled or modified until the product has been returned to us. If you would like to purchase a different product, please visit our website or contact a Malée Customer Services Team.

Products purchased from Malée online arrive in suitable pakaging for transport. Products specified as gifts will be shipped in a gift box.

CONTACT US

For additional assistance concerning our online store or your online purchase, please contact us via the form on our contact us page.