By accessing this website (Site) you are deemed to have accepted these Terms and Conditions (Terms) and agreed to be bound by them. If you do not accept these Terms, then please do not use the Site. In these Terms unless the context otherwise requires the following words shall have the following meanings:
Member means a person who has successfully completed Registration and Membership shall be construed accordingly;
Product means any product available to buy from the Site;
Registration means the registration by a Member which enables the purchase of Products;
“Marula UK”, “us”, our or “we” means Desi Bazaar Limited T/A Marula UK and “You” or “your” means a person that visits the Site and /or a Member (as applicable).
Use of the Site
You may use the Site only in accordance with and subject to these Terms and the Privacy Policy. You may not use the Site for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Marula UK or others.
Notwithstanding any other rights or restrictions in these Terms, you may not use this Site to:
- Transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorized use of this Site or otherwise in response to specific requests for information by us.
- Introduce to the Site or any other computer or website viruses, worms, Trojan horses and /or harmful codes.
- Obtain unauthorized access to any computer system.
- Impersonate any other person including but not limited to, a registered user of this Site or an employee of Marula UK.
- Invade the privacy or violate any personal or proprietary right, including intellectual property rights, of any person or entity.
- Misrepresent the identity of a user or use a false e-mail address.
- Tamper with or obtain access to this Site or any component of this Site.
- Conduct fraudulent activities.
- Collect or harvest information regarding other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial email.
Membership Eligibility
The Site is intended for use by Members who are 18 years and older, are residents of the United Kingdom and possess a valid credit or debit card issued by a bank acceptable to us. By becoming a Member you represent that you are 18 years or older and that you reside in the United Kingdom or that purchase of the Products is lawful in your country of residence. If you do not qualify, you may not use the Site. As a Member, you agree to provide true, accurate, current and complete information about yourself during Registration and to update that information immediately upon it changing. Members may not have more than one active account.
We may reject your Registration for any reason in our sole discretion and terminate your Membership at any time in our sole discretion.
You are responsible for maintaining the security of your password and user name and must not disclose them to any third party. Please contact us immediately if you know or suspect that your password and username have become known to any third party. You are solely responsible for any use of or action taken using your password and user name on this Site.
Additional Terms and Conditions
Additional terms and conditions may apply to specific portions of the Site or your Membership which terms are made part of these Terms by reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms and the terms posted or emailed for, or applicable to, a specific portion of the Site or your Membership, the latter terms shall take precedence with respect to your use of that portion of the Site or your Membership.
Price of the Products
The Price of the Products will be as stated on the Site at the time you submit your order.
Order Acceptance and Payment
An order for Products may be submitted online and in some cases by telephone. If online, we will send you an email to confirm that we have received your order. An order placed by you constitutes an offer by you to buy the Products. Once we have checked pricing and availability we will ask you to provide details of the credit or debit card that you will use to pay for the Products.
Once your card has been authorised and payment has been received by us we will confirm that your order has been accepted by sending an email confirming this to you at the e-mail address you provide (Order Confirmation). In the unlikely event that the Products are no longer available or we cannot deliver to the stated address we will advise you of this.
You may pay for the Products in any currency and using any method from time to time stated on the Site.
In the event that payment for an order is not received or you are not fully and legally entitled to use your nominated credit, debit or charge card or such card has insufficient funds to cover the price of the Products then:
(i) we may contact you allowing you to make payment in full within a specified time period by the same or another means; or
(ii) we may at our sole discretion cancel your order in which case we shall return any monies received from you within 30 days of receipt of such monies to your nominated account.
You agree to reimburse to us all costs and charges incurred by us in obtaining payments from you in the event a failed payment occurs.
Images of the Products are for illustrative purposes only and may vary slightly from the image shown on the Site. All sizes, weights and measurements for Products on the Site are approximate.
Delivery
We ship throughout the UK. For your convenience, we provide you with the anticipated ship date for Products ordered by you in the Product information page. While we aim to deliver items ordered on the anticipated ship date it is provided for guidance only and we will not be liable for any late delivery of Products.
Your Right to Cancel
Please see our Returns Policy.
Faulty Products
Please see our Returns Policy.
Our Right to Cancel
We reserve the right to cancel your order if we are unable to perform any of our obligations as set out in these Terms as a result of circumstances beyond our reasonable control, including (without limitation) any Act of God, communications failure, death, destruction, fire, flood, strikes, riots, accident, disruption to energy supplies, civil commotion, acts of terrorism or war (Force Majeure Event).
If we do cancel your order we will notify you by e-mail and will offer an alternative replacement Product or refund to you any amounts paid to us within 30 days at our discretion.
Proprietary Rights
The entire content of the Site, including all copyright, trademarks and other intellectual property rights it contains is the sole property of Marula UK or our licensors. You are permitted to copy, transmit and to use such material only for the purpose of ordering Products from the Site, but you not are entitled to copy, reproduce, transmit, display in public, create derivative works from or otherwise commercially exploit such material.
All intellectual property rights in the Products (subject to the rights of any third party) belong to Marula LLC.
You warrant that all material that you provide to us will not be defamatory or infringe the copyright or other rights of any third party, and you shall indemnify Marula UK against any loss, damages, costs, expenses or other claims arising out of any such infringement.
Use of the Website
We do not warrant that functions contained in the Site content will be uninterrupted or error free, that defects will be corrected, or that we or the server that makes it available are free of viruses or bugs. We shall have no liability for any direct, indirect, special or consequential loss arising out of the use of or the inability to use this Site including (without limitation) reliance on any information or content of the Site or which results from mistakes, omissions, interruptions, deletions of files or emails, defects, viruses or delays in operation or transmission.
The information on the Site may contain technical inaccuracies or typographical errors and may be changed or updated without notice. We may also make improvements and / or changes to the Site at any time without notice.
Any information we receive from you will be dealt with in accordance with our Privacy Policy.
Certain links in this Site connect to other websites maintained by third parties over whom we have no control. We make no representations as to the accuracy or any other aspect of information contained in other websites.
Indemnification
By using this Site, you agree to indemnify, hold harmless and defend us, our officers, directors, employees, successors, agents, subsidiaries, partners, contractors, vendors, manufacturers, distributors, representatives and affiliates from any claims, damages losses, liabilities, and all costs and expenses of defence, including but not limited to, lawyers’ fees, resulting directly or indirectly from a claim (including without imitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with (1) your use or misuse of the Site; (2) your breach of the Terms; or (3) your violation of any law or the rights of a third party. You agree to cooperate as fully as reasonably required in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
Limitation of Liability
We do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, or loss of or damage to property arising out of or relating to the use of the Site or the Products purchased by you.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind whether express or implied in relation to the Products. This does not affect your statutory rights as a consumer.
We will not be liable for any failure to perform or delay in performing any of our obligations under these Terms as a result of a Force Majeure Event.
Nothing in these Terms excludes or limits our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
International Use
We make no representation that information on this Site is appropriate or available for use outside the United Kingdom. Those who choose to access this Site from outside the United Kingdom do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Privacy Policy
You acknowledge and agree to be bound by the terms of our Privacy Policy.
General Terms
These Terms govern your use of the Site and the contract for the purchase of Products to the exclusion of all other terms and conditions stipulated in any other communication or document unless expressly agreed in writing by Marula UK.
We reserve the right to vary the content of these Terms from time to time, with any changes being published on the Site. However, such variations will not affect any contract already entered into between Marula UK. Continued use of the Site, or the purchase of any Products will signify that you agree to any such changes.
We may correct any typographical, clerical or other error or omission in any information on the Site or in any email or other document or communication issued by Marula UK without incurring any liability on our part.
If any clause or part of a clause in these Terms is held by any Court of competent authority to be unlawful, invalid or unenforceable, such clause or part shall be severed and the remaining provisions of these Terms shall remain in full force and effect.
These Terms, together with our Site prices, delivery details, contact details and privacy policy set out the whole of our agreement relating to the supply of the Products by us. Nothing said by any sales person on our behalf should be understood as a variation of these Terms or as an authorised representation about the nature or quality of any Products offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
The Terms shall be governed by English law and you and Marula UK submit to the exclusive jurisdiction of the English Courts.