Shipping Policy

Effective as of July 22, 2023

Shipping Locations

Malmah Group ships to the forty-eight contiguous states, including the District of Columbia. Expedited shipping is available for Alaska and Hawaii only. Deliveries are made through UPS®, FedEx®, or other LTL carriers.

Delivery Dates

The delivery date of your order may depend on several factors, including:

– The date and time the order is placed.

– The schedules and processes of our shipping partners.

– Holiday schedules and weather conditions.

While we strive to anticipate delays, we cannot always predict or prevent them. These delays may arise due to carrier issues, incorrect shipment information, order changes, strikes, severe weather, or similar circumstances. In the event of a delay, we will work diligently to expedite the process, though we cannot guarantee a resolution.

For any inquiries regarding your delivery, please contact us at [service@malmahgroup.com].

Minimum Order Requirements and Free Shipping

We may establish and adjust minimum or maximum quantity and/or price requirements at our discretion for orders placed on Malmah Group’s Sites. Likewise, we may set and adjust minimum or maximum quantity and/or price requirements for any user to qualify for free shipping.

International Shipping

There are no fixed rates for international orders, including those shipped to U.S. Territories. To calculate international shipping fees, initiate the Checkout process using FedEx Cross Border, where the shipping fee will be displayed before placing the order.

Please note that international orders may incur customs fees and import duties. Malmah Group is not responsible for these fees, and they are not included in the total cost of your order. For further information on customs fees, please contact your local customs office.

Returns

Terms & Conditions

Welcome to Malmah Group! Malmah Group and/or our subsidiaries and affiliates provide products, services, content, and other features to you when you use or shop on our mobile applications, MalmahGroup.com, Malmah Group’s social media properties, or our other websites and blogs, and/or other software provided by Malmah Group (“Malmah Group”). The Malmah Group Sites are owned and operated by Malmah Group International.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITES.

These Terms of Use constitute an agreement between Malmah Group and you. We recommend that you print out a copy of these Terms of Use for your records. By using the Sites, you affirm that you are able and legally competent to agree to and comply with these Terms of Use. If you do not agree to these Terms of Use or if you are not legally competent to agree to them, then you may not use the Sites. If you violate the Terms, your access to and use of the Malmah Group Services and the Malmah Group Sites is Unauthorized. To make things simpler, we refer to Malmah Group and its affiliates and subsidiaries as the “Company,” “Malmah Group,” “we,” “our,” and “us.” We refer to the users of the Malmah Group Sites as “you” and “your.”

IMPORTANT:** PLEASE NOTE THAT THESE TERMS INCLUDE YOUR AGREEMENT TO ARBITRATE CONTROVERSIES. BY USING THE MALMAH GROUP SERVICES AND/OR THE MALMAH GROUP SITES, YOU AGREE TO RESOLVE ANY DISPUTE WITH US THROUGH BINDING ARBITRATION, RATHER THAN IN COURT, AND YOU WAIVE CERTAIN RIGHTS TO PARTICIPATE IN CLASS ACTION LAWSUITS.

1. Updates to the Terms

We may, at any time, revise, change, or otherwise update the Terms. The effective version of the Terms will be available for your review on the Malmah Group Sites. Your continued access or use of any Malmah Group Service or Malmah Group Site following the posting and/or distribution of a revised, updated, or changed version of the Terms will mean that you agree to the revised, updated, and/or changed Terms.

2. Privacy

You should carefully read our Privacy Policy before using the Malmah Group Sites as it governs our treatment of any information, including personally identifiable information, you submit to us. Please note that certain information, statements, data, and content (such as photographs) that you may submit to us are likely to reveal your gender, ethnic origin, race, nationality, age, and/or other demographic information about you. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part and that we may process and use such information, within the terms of the Privacy Policy.

3. Registering Your Account

To make a purchase with Malmah Group, you must create an account and meet the other requirements established in these Terms. By creating an account, you agree that all of your account information is true and complete, and you will keep your account information current. If you create a Malmah Group account, we will either assign you a password or let you choose your own password to enable you to access and use certain portions of the Malmah Group Services and the Malmah Group Sites.

You agree to keep your username and password confidential, and that you are solely responsible for maintaining the confidentiality of your username and password. You are solely responsible for restricting access to your computer(s) or mobile device(s). You agree to access the Malmah Group Services and/or the Malmah Group Sites from devices that have up-to-date operating systems and security software. You agree not to allow anybody else to use your account, including in any way that circumvents these Terms. Each time a valid password is used with your account, you will be deemed authorized to access and use the Malmah Group Services or the Malmah Group Sites in a manner consistent with the Terms, and we have no obligation to investigate the authorization or source of any such access or use of the Malmah Group Services or Sites. You agree that you will be responsible for all activities that occur under your account or password, including, without limitation, purchases made, and anything else that occurs, through your account, whether or not such access to and use of the Malmah Group Services and/or the Malmah Group Sites is actually authorized by you, including without limitation, all communications, transmissions, and obligations (including without limitation, financial obligations) incurred through such access or use.

YOU ASSUME THE ENTIRE RISK FOR THE FRAUDULENT, UNAUTHORIZED, OR OTHERWISE IMPROPER USE OF YOUR PASSWORD. WE SHALL BE ENTITLED TO RELY ON THE GENUINENESS AND AUTHORITY OF ALL INSTRUCTIONS RECEIVED BY US WHEN ACCOMPANIED BY SUCH PASSWORD, AND TO ACT ON SUCH INSTRUCTIONS.

In order to mitigate damages, if you believe someone placed an unauthorized order on your behalf, you agree to notify us immediately of any suspected unauthorized activity on your account by sending an email to Sales@malmahgroup.com.

4. Use of the Malmah Group Sites

The Malmah Group Services and the Malmah Group Sites, your account, any Promotions that we provide, and/or your interactions with us, other Malmah Group customers, or any third-party service providers are subject to certain conditions. Without limiting anything else in these Terms, you agree that, without our consent, you will not:

– Breach the Terms or any other agreement or policy you have entered into with us;

– Abuse or exploit the terms of any Promotion;

– Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination, or false advertising), or act in an unauthorized, deceptive, fraudulent, or otherwise unlawful manner, including by providing false, inaccurate, or misleading personal information;

– Create more than one account for yourself, by using a name that is not yours, temporary email addresses, or phone numbers, or providing falsified personal information, including for the misuse of Promotions;

– Use the Malmah Group Services or the Malmah Group Sites for the purpose of exploiting any part of them for commercial purposes;

– Infringe upon Malmah Group or any third-party’s copyright, patent, trademark, trade secret, or other intellectual property rights or rights of publicity or privacy;

– Upload to, distribute, or publish through the Malmah Group Sites any content, information, or material that:

– (a) Violates or infringes any person’s copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights;

– (b) Is libelous, threatening, defamatory, obscene, indecent, pornographic, or that could give rise to civil or criminal liability under U.S. or international law; or

– (c) Contains bugs, viruses, worms, trap doors, backdoors, rootkits, Trojan horses, or other malicious or harmful code;

– Refuse to cooperate in investigations regarding your identity or the personal information you provide to us;

– Use the Malmah Group Services or Sites in a way that results in complaints, disputes, claims, chargebacks, fines, penalties, or other liabilities;

– Abuse the credit card system or violate credit card association rules;

– Disclose or distribute another user’s personal information to a third party without express consent;

– Send unsolicited emails, SMS, MMS, or other messages to users, or use the services to collect payments for sending unsolicited emails to third parties;

– Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;

– Use anonymizing proxies, robots, spiders, or other automated or manual processes to monitor or copy Malmah Group Services or Sites;

– Use any device, software, or routine to bypass our robot exclusion headers or interfere with the Malmah Group Sites or Services;

– Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of Malmah Group;

– Use meta tags or other “hidden text” utilizing the Malmah Group name or trademarks;

– Take any action that may cause us to lose any services from our Internet service providers, payment processors, or other suppliers; or

– Use the Malmah Group Services or Sites to test credit card behaviors.

We reserve the right to refuse service, terminate or suspend accounts, prevent the application of a Promotion, remove or edit content or products, cancel orders at any time, and/or take any other legal action available to us if we believe your conduct violates the Terms, applicable law, or is harmful to our interests or the spirit of the Terms, Services, Sites, or a Promotion.

Age Restrictions

By using the Malmah Group Sites, you represent and warrant that you are either at least 18 years of age or are using the Malmah Group Sites under the supervision of a parent or guardian. If you are under 18, you may only use the Malmah Group Sites with supervision.

Access and License

Subject to your compliance with the Terms, intended use of the Malmah Group Services and Sites, and payment of applicable costs or fees, we grant you a single, non-exclusive, non-transferable, non-sublicensable, revocable limited personal license to access and use the Malmah Group Services and Sites. Misuse, breach, or failure to comply with the Terms will result in the immediate revocation and termination of these licenses without notice. All rights not expressly granted in the Terms are reserved by Malmah Group or its licensors, suppliers, or content providers.

Except as permitted by the Terms, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or exploit the Malmah Group Services, Sites, or any portion thereof. You may not incorporate any portion of the Services or Sites into your own programs or compile any portion of them with your own programs. Use outside of approved APIs, web browsers, and mobile operating systems is prohibited.

5. Pricing, Taxes, Order Requirements, and Promotions

Pricing and Reported Savings

Malmah Group works to offer competitive pricing on all products and attempts to provide the lowest prices whenever possible. Occasionally, reported savings will be listed as a percentage, based on comparisons with similar products available through national e-commerce retailers.

Taxes

Items sold on the Malmah Group Sites may be subject to taxes or other government-imposed charges. You will usually see an estimated tax before submitting your purchase, which depends on various factors such as the items purchased, shipment destination, and seller identity.

Shipping

Malmah Group currently only ships to the 48 contiguous U.S. states and the District of Columbia. Certain items may have delivery restrictions. While we strive to ensure timely deliveries, various factors such as weather and shipping partner delays may affect shipping timelines.

Minimum Order Requirements and Free Shipping

We may set or adjust minimum or maximum quantity or price requirements for any order placed on the Malmah Group Sites. We may also apply minimums or maximums to qualify for free shipping.

Terms of Promotions

Promotions are subject to certain limitations, including, but not limited to, expiration dates, non-transferability, and usage restrictions. Promotions are not combinable with other offers unless specified and may be terminated or suspended at any time by Malmah Group.

Promotional Codes

Promo Codes are created by Malmah Group and are subject to terms specified at issuance. These codes may not be duplicated, sold, or transferred. Malmah Group reserves the right to invalidate any Promo Codes suspected to have been redeemed fraudulently.

6. Information and Product Descriptions

We may include product descriptions on the Malmah Group Sites or descriptions of the Malmah Group Services. However, we do not represent or warrant that any such product descriptions, including weight, size, or other statements or content, are accurate, complete, reliable, current, or error-free. Product images used on the Malmah Group Sites are intended to represent brands or types of products and may not represent the exact size, flavor, type, quantity, or other specific details about the product you are purchasing. If you believe a product offered on the Malmah Group Sites is not as described, you may contact the Customer Care Team to process a return or order a replacement.

If you find a description in poor taste, please notify us at Sales@malmahgroup.com, and it may be edited at our sole discretion.

Submissions or opinions expressed in any of the Malmah Group Services or on the Malmah Group Sites are those of the individual expressing such submission or opinion and may not reflect our opinions. Unless we expressly state otherwise, we do not endorse any submission or opinion expressed by a third party in any of the Malmah Group Services or on the Malmah Group Sites. Unless we expressly state otherwise, the fact that Malmah Group has provided a link to a site does not imply endorsement of the service, site, content, or sponsoring organizations.

We do not assume responsibility or liability for the actions, products, or content of third parties. You should carefully review their privacy statements and other terms of use.

Any product representations or warranties expressed in any of the Malmah Group Services or on the Malmah Group Sites are those of the vendor, manufacturer, distributor, or supplier, not Malmah Group. Such representations and warranties include, but are not limited to, vendor promises on the product packaging and reflected in the product image within any of the Malmah Group Services or on the Malmah Group Sites.

Our fulfillment centers handle and store various products, including those made with known food allergens. We do not separate products based on their listed ingredients. The Malmah Group Services and/or Malmah Group Sites may make available certain data, news, research, statistics, stories, product descriptions, labels, ingredient lists, product photographs, opinions, or other information (collectively, “Information”) that we may have prepared ourselves or obtained independently from manufacturers, vendors, suppliers, other services, newswires, statistics providers, journalists, authors, and others (collectively, the “Information Providers”). We do not represent, warrant, guarantee, or certify the accuracy, completeness, reliability, timeliness, or correct sequencing of the Information made available on the Malmah Group Sites or through the Malmah Group Services.

You agree that Malmah Group and the Information Providers shall not be liable in any way for the inaccuracy, incompleteness, untimeliness, or incorrect sequencing of the Information, or for any decision made or action taken by you relying upon the Information. You further agree that neither Malmah Group nor the Information Providers will be liable for any interruption of any data, Information, or other aspects of the Sites. You understand that none of the Information available through the Malmah Group Services or on the Malmah Group Sites constitutes a recommendation or solicitation to take or not take any action.

DISCLAIMER:

ALTHOUGH WE WORK TO ENSURE THAT PRODUCT INFORMATION IS ACCURATE, MANUFACTURERS MAY OCCASIONALLY ALTER THEIR INGREDIENT LISTS AND PRODUCT CONSISTENCY, PACKAGING, AND MATERIALS MAY DIFFER FROM THE DESCRIPTIONS. PRODUCTS MAY CONTAIN MORE AND/OR DIFFERENT INGREDIENTS THAN THE INFORMATION SHOWN ON OUR SITES. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED AND THAT YOU ALWAYS READ LABELS, WARNINGS, AND DIRECTIONS PROVIDED ON PRODUCT PACKAGING BEFORE USING OR CONSUMING A PRODUCT. FOR ADDITIONAL INFORMATION, PLEASE CONTACT THE MANUFACTURER.

DISCLAIMER:

CONTENT PROVIDED THROUGH THE MALMAH GROUP SERVICES OR ON THE MALMAH GROUP SITES IS FOR REFERENCE PURPOSES ONLY AND IS NOT INTENDED TO SUBSTITUTE THE ADVICE OF A PHYSICIAN, PHARMACIST, OR OTHER LICENSED HEALTHCARE PROFESSIONAL. DO NOT USE THIS INFORMATION FOR SELF-DIAGNOSIS OR TREATING A HEALTH PROBLEM OR DISEASE. CONTACT YOUR HEALTHCARE PROVIDER IMMEDIATELY IF YOU SUSPECT YOU HAVE A MEDICAL PROBLEM. INFORMATION AND STATEMENTS REGARDING DIETARY SUPPLEMENTS HAVE NOT BEEN EVALUATED BY THE FDA AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR HEALTH CONDITION. WE ASSUME NO LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS ON THE MALMAH GROUP SITES.

7. Out of Stocks

If a product you selected is not in stock, we reserve the right, at our discretion, to replace the product with an equivalent or similar item, provide you with a credit for the amount paid, or refund you for the item. Equivalent or similar items may be the same brand but a different type, size, or flavor, or a different brand altogether. Price adjustments for alternate products will not be requested by us or extended to you in the event of a product substitution.

8. Reviews, Communications, and Content

The Malmah Group Sites may permit you to post reviews, pictures, comments, and other content; send referral messages or information; and submit suggestions, ideas, questions, or other information as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, or injurious to third parties. It must also not contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” Malmah Group reserves the right to remove or edit such content but is not obligated to do so.

You acknowledge that you are responsible for all materials you submit to Malmah Group through the Malmah Group Services or Sites, including legality, accuracy, appropriateness, originality, and copyright of the material. By submitting content, you represent that: (1) it is accurate; (2) use of the content does not violate these Terms; and (3) you own or control the rights to the content you post.

Unless otherwise stated, by submitting material, you grant Malmah Group a royalty-free, worldwide, perpetual, irrevocable, and fully transferable right to use, copy, distribute, display, publish, sell, transmit, create derivative works, and modify the material. Submissions become our sole property and will not be returned. Malmah Group is free to use any ideas or feedback you provide for any purpose.

Malmah Group does not endorse any submitted content or opinions on the Sites or Services. These are the opinions of the users expressing them.

9. Intellectual Property

All text, data, graphics, button icons, images, audio clips, and software on the Malmah Group Sites (collectively, “Content”) are the exclusive intellectual property of Malmah Group or licensed third parties. The collection and arrangement of all Content (“Compilation”) belong exclusively to Malmah Group. Malmah Group Services and Sites, their Content and Compilation, and all software used therein are protected by U.S. and international copyright laws.

Unauthorized use of Malmah Group’s intellectual property or the intellectual property of third parties on the Malmah Group Sites is strictly prohibited without express written consent.

10. Disclaimers of Warranties

The Malmah Group Services, Sites, and all information, software, content, materials, items, and advice included or made available to you are provided on an “as is” and “as available” basis. Your use is at your own risk. Malmah Group disclaims all warranties, express or implied, including warranties of merchantability and fitness for a particular purpose.

We do not guarantee that access to the Malmah Group Sites will be uninterrupted, error-free, or secure. We disclaim liability for any damages related to the use of the Sites.

11. Limitation of Liability

Malmah Group, its employees, officers, investors, and affiliates shall not be liable for any damages, including incidental, punitive, or consequential damages, arising from the use of Malmah Group Services or Sites. Our liability, if any, shall not exceed the value of any returned product.

12. Indemnification

You agree to indemnify and hold Malmah Group, its affiliates, officers, directors, and employees harmless from any claims or damages resulting from your use of the Malmah Group Services or Sites, violation of these Terms, or infringement of any third-party rights.

13. Risk of Loss

All goods and products purchased from Malmah Group are delivered pursuant to a shipment contract by a third-party package delivery company. We strive to ensure the performance of these third-party suppliers and shipping companies, but Malmah Group will not be responsible for their failures, delays, or other acts or omissions.

14. Return Policy

Return requests must be made within fourteen (14) days of delivery, as confirmed by the respective third-party package delivery company. Return requests made after this time frame are ineligible for return. All case lots must be returned in their original shipping carton, with all individual items unopened. Partial returns will not be accepted. The customer is responsible for all return shipping costs unless otherwise agreed upon by Malmah Group. Returns due to Buyer’s Remorse may incur a 20% restocking fee.

Non-Returnable Items: For health and safety reasons, food, grocery items, intimate apparel, underwear, swimwear, and adult novelty items are non-returnable unless the product is defective.

All purchases made using promotional codes or in conjunction with any promotion are final and not eligible for return unless the return request arises from errors or inaccuracies in the order made by Malmah Group.

Non-Acceptable Return Reasons: We do not accept returns for reasons such as stock balancing, unused inventory, resale difficulties, insufficient expiry dates, quantity miscalculations, or order reversals. Specialized or custom purchases (e.g., phone orders, purchase orders, discounted business orders, and custom pallet orders requiring special accommodations) are also non-returnable unless agreed to in writing by Malmah Group.

Malmah Group does not take title to returned items until they arrive at our fulfillment center, which must occur within fourteen (14) days of the return approval confirmation. Refunds will only be processed once the returned item has been received. In some cases, Malmah Group may issue a refund without requiring a return, in which case we will not take title to the refunded item.

15. Modifications to Services and Terms

Malmah Group reserves the right to terminate, modify, cancel, or discontinue any or all portions of our services, promotions, policies, and terms, at any time and without notice. Changes or modifications will become effective immediately upon posting to the Malmah Group website or communicated through our services.

16. Legal Compliance

You represent and warrant that (i) you are not located in a country subject to U.S. Government embargoes or designated as a terrorist-supporting country by the U.S. Government; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

17. Termination and Effect of Termination

Malmah Group reserves the right to terminate the terms and revoke any rights granted to you under these terms without prior notice. Upon termination, you must immediately cease all use of Malmah Group’s services and site, and we will revoke your access credentials. Termination does not affect any rights or obligations incurred before the termination date, including payment obligations.

18. Severability

If any part of these terms is found to be invalid or unenforceable, that specific provision will be modified or restricted as necessary to render it enforceable, without affecting the validity of the rest of the terms. Malmah Group may modify the terms unilaterally, or they may be adjusted by an arbitrator or court if needed.

19. Disputes – Agreement to Arbitrate Controversies

Please read this section carefully, as it affects your legal rights, including your right to file a lawsuit and have a jury hear your claims.

Malmah Group and you agree that any disputes arising from these terms, the services, or the website will be governed by the Federal Arbitration Act. Before initiating formal arbitration, both parties agree to first try to resolve the dispute through informal negotiations. If unresolved after 30 days, either party may pursue arbitration under the AAA’s rules.

Some disputes, such as those involving intellectual property or unauthorized use of our services, may bypass this arbitration requirement. Arbitration is more informal than a court trial, and disputes will be decided by a neutral arbitrator who can award the same damages as a court. Arbitration will be conducted in accordance with the AAA’s Consumer Arbitration Rules. Malmah Group and you waive the right to a jury trial, and the arbitrator’s decision will be final and binding.

20. Class Action Waiver

Please read carefully, as it significantly affects your legal rights.

Malmah Group and you agree to resolve any disputes individually, not as part of any class, consolidated, or representative action. If any portion of this class action waiver is deemed unenforceable, the dispute will be handled in a federal court in Florida. The remainder of this waiver will remain in effect.

21. Typographical Errors

In the event of a typographical error, including incorrect pricing or product information, Malmah Group reserves the right to cancel any orders affected by such errors. If your credit card has already been charged and your order is canceled, Malmah Group will issue a credit for the full amount charged.

22. Copyright Complaints

If you believe your work has been copied and constitutes copyright infringement, please contact us at Sales@malmahgroup.com.

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