TERMS OF USE

MALLY DESIGNS LTD. (MALLYDESIGNS.COM) 
WEBSITE TERMS OF USE COPYRIGHT © 2005-2015, Mally Designs Ltd. All rights reserved.


TERMS OF SERVICE

MallyDesigns.com (Mally Designs Ltd.) is the shopping website of Mally Designs that allow consumers to browse, select and purchase products from Mally Designs Ltd. Use of Mally Designs Website is subject to acceptance of these Terms and Conditions:

DISCLAIMER AND LIABILITY

Every effort has been made to ensure the information contained on the Website is correct, however Mally Designs makes no warranty as the accuracy, comprehensiveness, or correctness of any products on the Website, and provides all products on an "as is" basis.  Mally Designs, including our partners, directors, shareholders, employees, agents, contractors, and other third parties associated with running the Website, to the maximum extent permitted by law, disclaim all liability and responsibility for any loss or damage that might be suffered by you or any third party caused by the Website or the products sold on it INCLUDING, WITHOUT LIMITATION, LOSS OR DAMAGE SUFFERED AS A RESULT OF NEGLIGENCE.

PRIVACY

Mally Designs takes the security of your personal information very seriously.  For more information please see our Privacy & Security Page.

PERSONAL INFORMATION

In order to purchase products from the Website, you have the option to create a Mally Designs account prior to making a purchase.  As an account holder you are required to provide Mally Designs with accurate personal information. Provision of another person’s details as your own will not be deemed acceptable.  Any personal information collected by Mally Designs shall not be disclosed to any third party unrelated to the Mally Designs’s business unless such a disclosure is authorized or required by law, or you have expressly consented to such a disclosure. Mally Designs otherwise relies on its Privacy Policy.

CREDIT CARD & PAYMENT

Credit card information collected for the purpose of payment of products purchased at Mally Designs will be stored securely using a PCI DSS compliant solution. Please note that your credit card is charged when the item has shipped, and not when your information is entered at the time of purchase.  Credit card information will be masked on your account and will not be visible to Mally Designs Customer Service representatives.  Provision of credit card information as payment for the product/s constitutes an agreement of your purchase of the selected product/s.  You must not pay or attempt to pay for product/s using fraudulent credit card information.

SECURITY OF YOUR ACCOUNT

If you create an account with Mally Designs you will be required to provide a password. You acknowledge that you are solely responsible for maintaining the security of your password.  Each time you use the password, you will be deemed to be authorized to access and use the Website in a manner consistent with these Terms & Conditions. This means that you are responsible for any products purchased using your account details.  You must notify Mally Designs if at any time you believe someone has access to your password.

PRICING AND TAX

Prices displayed on the Site are shown in Canadian or US dollars, depending on where you are ordering from. HST or GST and provincial sales tax will be applied at checkout based on the province you are ordering from, if applicable. Delivery costs will be charged in addition to the price of the Products. GST and the equivalent provincial sales tax is subject to change and users of the Mally Designs Website will not be informed by Mally Designs if a change occurs.  All prices are subject to change. All prices displayed on this Website are only valid online at the time shown.

ERRORS

We may correct any errors which appear on the Site and reject any Orders which have been received in connection with such errors.  Mally Designs has the right to refuse or cancel any Orders placed at any time.  Mally Designs's right to refuse or cancel any oOrders will apply whether or not the Order has been confirmed and your credit card charged.  If your credit card has already been charged for the purchase and your Order is cancelled, Mally Deisgns will immediately issue a credit to your credit card account in the amount of the charge.

ACCEPTANCE OF ORDERS

You warrant that all information you supply to us at the time of placing an order for products that are offered for sale by us through the Site (Products) and in connection with an order made using the Site, is true and correct.  Your receipt of an order confirmation does not indicate our acceptance of your order and it does not confirm our offer to sell. Mally Designs has the right to accept or decline your order at any time after receipt of your order. All orders placed must obtain pre-approval with an acceptable method of payment to Mally Designs. We may require additional verifications or information before accepting any order.  Mally Designs reserves the right to refuse any order without giving reason. If we cancel an order, we will make all reasonable attempts to contact you using the details provided. All received monies will be refunded using the method of payment received.

CUSTOMER COMMUNICATIONS

Mally Designs will communicate with you about your order and the purchased product using email. Account holders must provide a valid email address to Mally Designs.  From time to time, Mally Designs will also send you marketing material if you choose to subscribe to the Mally Designs newsletter. If you do not wish to receive such material, you may unsubscribe from our mailing list at any time by editing your newsletter settings under Log In or using the unsubscribe function in the electronic marketing communication.

ITEM AVAILABILITY

Some of our products can experience an above average inventory turn over. We have implemented processes that mitigate the chance of an item being unavailable, but upon occasion, an item may become unavailable after it has purchased by a customer. In this event, we reserve the right to cancel and refund the order, unless a suitable replacement can be found and is agreed to by the customer. 

ORDER CANCELLATIONS

You may cancel your order or parts of your order if it has not yet been dispatched by Mally Designs. Mally Designs will not charge you for the orders cancelled nor will we charge you a cancellation fee. However, once the order is dispatched for delivery you are unable to cancel the order.  Mally Designs also reserves the right to cancel your order if:

·         You provide an unauthorised credit card

·         We are unable to process payment on the credit card provided

·         You provide invalid personal details

·         The product has become unavailable

Mally Designs will notify you before cancelling your order.

SUSPENSION, TERMINATION AND EFFECT OF TERMINATION

If you breach these terms and conditions, Mally Designs reserves the right to suspend or terminate your account at any time without prior notice to you. If your account is suspended or terminated, you will not be able to access the Website.  If you are awaiting delivery of products, Mally Designs reserves the right to cancel your order. A refund may be issued to the credit card provided during the purchase process.

DELIVERY

Mally Designs delivers internationally normally within 1-2 business days.  For more information on our shipping policy, please visit our Shipping Information Page.

RETURN POLICY

You can return your product within 60 days of receiving your purchase to receive a full refund. You are liable for the postage cost of returning products purchased. For more information on our delivery policy, please visit our Satisfaction Guarantee Page.

LINKS

The Website may contain links to other websites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such other website.

COUPONS AND PROMOTIONS

Mally Designs uses coupons for promotional purposes from time to time. Coupons are in CAD or USD depending on your order location. No cash redemption for a coupon code is possible. The coupons are a one time offer, unless otherwise stated, off the total invoice amount and may be limited to a certain product quantity or brand. Each coupon code may only be used once per customer and once per household by entering it during checkout on Mally Designs and by clicking "Apply Coupon".  By submitting your email address on the promotional pages on Mally Designs you agree to receive our Mally Designs newsletter with updates and promotions. Please read our Privacy Policy for more information.

RETURNS AND EXCHANGES USING DISCOUNT CODES AND SPECIAL OFFERS

Discount codes or special offers used for orders containing more than one item are applied proportionately to the entire order.  Therefore, if you would like to return part of an order, you cannot reapply the full discount code to the remaining items in your order. Instead, your refund will include a proportionate amount of the discount as determined by the value of the specific item being returned or exchanged. 

DISPUTES

This contract will be governed by the laws of British Columbia, Canada. Any dispute arising out of your use of the Website, or the products purchased on it, will be subject to the exclusive courts of that jurisdiction.

SECURITY

When you register your personal details to establish an account or to place an order, a secure server is used. Secure Sockets Layer (SSL) encrypts the information you send through this website. Mally Designs makes no warranty in respect of the strength or effectiveness of that encryption and accept no responsibility for events arising from unauthorised access of the information you provide.

COPYRIGHT

All information, text, material, graphics, software and advertisements on the Website are Copyright (c) of Mally Designs, its suppliers and/or licensors, unless expressly indicated as otherwise.  The Website content is protected by Canadian and international copyright and trade mark laws.  You must not modify, copy or distribute the Website content in any way except as expressly provided for on the website or expressly authorised in writing by Mally Designs.  You must not frame or embed in another website any of the material appearing on this website without our prior written consent.  You may use the content of this Website only for the purpose of shopping on this Website or placing an order on this Website and for no other purpose.

CHANGES TO TERMS AND CONDITIONS

Mally Designs reserves the right to change these Terms and Conditions of its service without informing you.  The Terms and Conditions for existing orders shall be upheld by Mally Designs.  You should check our Website for any updated Terms and Conditions.