Terms of Service

  1. These terms
    1. What these terms cover. This document sets out the terms of service for use of Mallzee online shopping service (“Service”). To use our Service you must first have downloaded our Mallzee app (“App”) and accepted the end user licence agreement which applies to the licence of that App to you. If you do not agree to these terms, please refrain from using our App and Service.
    2. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract for the supply of products, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
  2. Information about us and how to contact us
    1. Who we are. We are Mallzee Ltd, a company registered in Scotland with company number SC397310 and registered office at 5th Floor, Hayweight House, 23 Lauriston Street, Edinburgh, EH3 9DQ. Our registered VAT number is GB161016747.
    2. How to contact us. You can contact us by e-mailing our customer service team at support@mallzee.com or by raising a ticket at https://mallzee.zendesk.com
    3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the e-mail address or postal address you provided to us in your order.
    4. "Writing" includes e-mails. When we use the words "writing or "written" in these terms, this includes e-mails
  3. Use of our service
    1. To use the Service you must complete the registration process which you will be prompted to do once you have downloaded the App. Once you have registered for an account (“Account”) you will be able to use the Service. You must keep your password secure and not permit others to use your Account. You are responsible for anything that happens through your Account until it is closed down unless the Account security has been compromised through no fault of your own. If you discover any unauthorised use of your Account you must promptly let us know. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms.
    2. We may restrict, suspend or terminate the Account of any user who breaches these terms.
    3. You are solely responsible for all data you enter using the App and the Service and any intellectual property rights in your data will be owned by you. We will comply with our obligations under the Data Protection Act 1998 in relation to our use of your personal data and as described in condition14 below.
    4. In the event of any loss or damage to your data, your sole and exclusive remedy shall be for us to use reasonable commercial endeavours to restore the lost or damaged data from the latest back-up under our archiving procedure. We shall not be responsible for any loss, damage or disclosure of your data caused by any third party.
    5. We shall use commercially reasonable endeavours to make the Service available 24 hours a day, seven days a week, except for planned or unplanned maintenance. We will try and ensure all maintenance is not carried out during office hours and to give you as much advance notice of any maintenance as we can.
  4. Your contract for products
    1. The contract. Your order is an offer to the product retailer (“Retailer”) to buy the product(s) in your order. Your contract is with the Retailer and not Mallzee, Mallzee is acting as the agent of the Retailer in respect of your order. When you place an order you must confirm you have read the Retailer’s terms and conditions of sale (“Retailer Terms”), which will form the basis of the contract between you and the Retailer, by ticking the applicable box shown during the order process.
    2. Order Process. Our order process allows you to check and amend any errors before submitting the order. Please take your time to read and check your order at each page of the order process, it is your responsibility to ensure all information you supply is accurate. As we process your order, we will inform you by e-mail as soon as possible if any products you order turn out to be unavailable and you will not be charged for those products. Please note that Mallzee has no control over product availability.
    3. How your order is accepted. Acceptance of your order will take place when it is accepted by the Retailer. We will e-mail you to confirm when this has happened.
    4. If your order cannot be accepted. If we are unable to accept your order, we will inform you of this in writing and you will not be charged for the product. This might be because the product is out of stock, because of unexpected limits on the Retailer’s which we could not reasonably plan for, because an error has been identified in the price or description of the product or because the Retailer is unable to meet a delivery deadline you have specified.
    5. Your order number. We will confirm the number assigned to your order. It will help us if you can tell us the order number whenever you contact us about your order.
  5. Products
      Products may vary slightly from their pictures. The images of the products on our Service are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
  6. Your rights to make changes
      If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
  7. Providing the products
    1. Delivery costs. The costs of delivery will be as displayed to you before you place the order.
    2. When the products will be provided. The products will be delivered in accordance with the applicable Retailer Terms but should in any event be delivered within 30 days after the day on which your order is accepted.
    3. We are not responsible for delays outside our control. If the supply of the products is delayed by an event outside our or the Retailer’s control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
    4. If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, you will normally be left a note informing you of how to rearrange delivery or collect the products from a local depot.
    5. If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 11.2 will apply.
    6. Your legal rights if we deliver late. You have legal rights if products you order via the Service are delivered late. These will be set out in the Retailer Terms but you normally may treat the contract as at an end straight away if any of the following apply:
      1. the Retailer has refused to deliver the products;
      2. delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
      3. you told us before your order was accepted that delivery within the delivery deadline was essential.
    7. Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
    8. Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 7.6 or clause 7.7, you can cancel your order for any of the products or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled products and their delivery. If the products have been delivered to you, you must post them back to the Retailer following the instructions on the returns form provided with your order (“Returns Form”).
    9. When you become responsible for the product. The product will be your responsibility from the time the product is delivered to the address you gave us.
    10. When you own goods. You own a product once you have made, and the Retailer has received, payment in full.
    11. Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
      1. deal with technical problems or make minor technical changes;
      2. update the product to reflect changes in relevant laws and regulatory requirements; or
      3. make changes to the product as requested by you or notified by us to you (see clause 5).
    12. Your rights if the Retailer suspends the supply of products. We will contact you in advance to tell you if the Retailer is suspending supply of the product. You may contact us to end the contract for a product if it is suspended, or we tell you it is going to be suspended, and we will refund any sums you have paid in advance for the product.
  8. International delivery
    1. Some of the retailers we work with may deliver to destinations outside the United Kingdom. (International Delivery Destinations).
    2. If you order products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
    3. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
    4. You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
    5. Not all retailers will ship to International Delivery Destinations. If an order is placed that cannot be fulfilled by the retailer, we will contact you at the earliest opportunity by e-mail and cancel the order placed with us. Any ringfenced funds will be released back onto the original payment method and the order will be considered closed.
  9. Your rights to end the contract
    1. You can always end your contract with the Retailer. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
      1. If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 12;
      2. If you want to end the contract because of something we have done or have told you we are going to do, see clause 9.2;
      3. If you have just changed your mind about the product, see clause 9.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.
    2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
      1. we have told you about an upcoming change to the product or these terms which you do not agree to;
      2. we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
      3. there is a risk that supply of the products may be significantly delayed because of events outside our control;
      4. supply of the products has been suspended for technical reasons, or notify you we are going to suspend them for technical reasons; or
      5. you have a legal right to end the contract because of something we or the Retailer have done wrong (including late delivery (see clause 7.8)).
    3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). You have a legal right to change your mind within 14 days and receive a refund if you are based in the EU. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
    4. When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
      1. products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
      2. any products which become mixed inseparably with other items after their delivery.
    5. How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
  10. How to end the contract with the RETAILER (including if you have changed your mind)
    1. Tell us you want to end the contract. To end the contract with the Retailer, please let us know by doing one of the following:
      1. E-Mail. E-Mail us at support@mallzee.com. Please provide your name, home address, details of the order and, where available, your phone number and e-mail address.
      2. Online. Complete the cancellation form accessed through our Service.
    2. Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return the products to the Retailer as specified in the Returns Form. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract. Please note that where you have purchased products from a Retailer who has a store or concession near you, you cannot return the products to that Retailer’s store or concession.
    3. When costs of return will be paid. The Retailer will pay costs of return:
      1. if the products are faulty or misdescribed; or
      2. if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong;
      In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
    4. What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. We charge £3.50 for collection of products.
    5. How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
    6. Deductions from refunds. If you are exercising your right to change your mind:
      1. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
      2. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
    7. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
      1. If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
      2. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
  11. Our rights to end the contract
    1. We may end the contract (acting as an agent of the Retailer) if you break it. We may end the contract for a product at any time by writing you if:
      1. you do not make any payment to us when it is due;
      2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, a correct delivery address; or
      3. you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
    2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you £10 as compensation for the net costs we will incur as a result of your breaking the contract.
  12. If there is a problem with the product
    1. How to tell us about the problems. If you have any questions or complaints about the product, please contact us. You can write to us at support@mallzee.com or Mallzee Complaints, 5th Floor, 23 Lauriston Street, Edinburgh, EH3 9DQ.
    2. Summary of your legal rights. The Retailer is under a legal duty to supply products that are in conformity with your contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
    3. Summary of your key legal rights

      This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

      If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:
      • up to 30 days: if your item is faulty, then you can get a refund.
      • up to six months: if your faulty item can't be repaired or replaced, then you're entitled to a full refund, in most cases.
      • up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn't work, some of your money back.
    4. Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to the address supplied by the Retailer on the returns slip. Please follow the returns procedure on the Returns Form.
  13. Price and payment
    1. Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of product advised to you is correct. However please see clause 13.3 for what happens if we discover an error in the price of the product you order.
    2. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
    3. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
    4. When you must pay and how you must pay. We accept payment with Visa, Mastercard, Apple Pay, . You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
    5. What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.
  14. Our responsibility for loss or damage suffered by you
    1. We are responsible to you for forseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
    2. We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  15. How we may use your personal information
    1. How we will use your personal information. We will use the personal information you provide to us:
      1. to supply the products to you;
      2. to process your payment for the products;
      3. if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us; and
      4. we also use your personal information to carry out analysis of users spending behaviour and to create anyonymised statistical data sets which we may use, sell or licence at our discretion but which will not include any personally identifiable information of any user of our Service.
  16. Other important terms
    1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 30 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
    2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
    3. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    4. Even if we delay in enforcing these terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
    5. Which laws apply to these terms and where you may bring legal processings. These terms are governed by Scots law and you can bring legal proceedings in respect of the products in the Scottish courts. If you live in England you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the Scottish courts.