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MalyCares.com Policies
Privacy Policy
We at MalyCares.com take your privacy very seriously. This Policy also covers our affiliates and partners, which, together with MalyCares.com, we refer to in this Policy as the “Company,” “MalyCares.com,” “we,” “our,” and “us.”
This Policy describes:
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How we collect, and you may provide, information through our website, including the www.MalyCares.com domain, our mobile applications and our vendor information portal (collectively, the “Website”).
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How we use and protect information.
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With whom we may share information.
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The types of information we collect.
We put forth this Policy because we want you to be aware of the information we collect and help you make an informed decision about using our website and services. By visiting the website, linked pages, features, content, or using any of our services, you acknowledge and accept the practices and policies outlined in this Policy. If you do not agree to this Policy, you may not access or otherwise use the sites. This Policy does not apply to any third-party website, services, or applications. Even if they are accessible through our website.
United States of America
MalyCares.com website is maintained in the United States of America operated by Muaj Hmoo Trading LLC based out of Sacramento, CA. By using these websites, you authorize the export of your information to the USA, its storage, and use as specified in this policy. You understand that information stored in the USA may be subject to lawful requests by the courts or law enforcement authorities in the USA.
1. What Information Do We Collect?
Information You Provide
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When you visit the website, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the website, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the website, and information about how you interact with the website. Finally, we also collect the information you enter on our website when you register as a member, create an account, engage in a transaction, search our products, contact us or our customer service department by telephone, email or otherwise, or participate in events, surveys, questionnaires, contests or other promotions we may sponsor. Please note that we may collect personally identifiable information (“PII”) from the Sites only when you choose to provide it to us. We use this information to correspond with you and as otherwise permitted by this Policy. The information collected may include:
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Your contact information, such as your name, email address, password, shipping address, or telephone number;
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Your payment information, such as credit/debit card information, billing addresses, and other billing information;
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The shipping information of any third parties that you enter when shipping orders to such third parties, including their names, addresses, and telephone numbers; and
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Your purchase history.
Certain data, statements, information, and content (such as photographs) which you may submit to us are likely to reveal your gender, ethnic origin, race, nationality, age, and/or other demographic information about you.
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We do not knowingly collect sensitive information such as government-issued identifiers, social security numbers, financial account information, insurance plan information or specific information related to your health or medical conditions.
From time to time, we may use third-party provided widgets on our website to help provide products and services that we feel might be of use to you. These widgets may ask you for additional information, such as the referral information (names and email addresses) of people or companies that you may wish to refer to us, pursuant to the privacy policies of such third parties. Of course, it is up to you as to whether you provide any of this type of information.
Additionally, when you make a purchase or attempt to make a purchase through the websites, we collect certain information from you, including, but not limited to, your name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number. We refer to this information as “Order Information.”
Automatically Collected Information
When you interact with the website, advertisements or other content provided by MalyCares.com or third parties, on behalf of MalyCares.com, through your computer, phone or mobile device (we’ll refer to these as “Devices” throughout the Policy), we, and third parties, automatically collect non-personally identifiable information (“Non-PII”) about or from your Device, such as, without limitation, your browser information on our server logs including your IP address, browser type, browser versions, browser language, browser plug-in type and version, country and time zone, URLs that refer visitors to our Sites, dates and times of visits to our Sites, page views and site navigation, geographic location, cookie information (see below), web beacons, pixel tags, device fingerprinting or other means, the page you requested, duration of activity on our Sites, searches, shopping behavior and preferences, hardware model, operating system version, unique device identifiers, mobile network information, and purchases.
We may use this information, and tie it back to the information you provide to us, to tailor or customize your shopping experience and/or interaction with MalyCares.com, allowing us to surface various products and special offers in which you may have interest. This form of advertising, sometimes called “behavioral advertising,” is based on anonymous information and not on any personally identifiable information. As a result, we and our vendors know your interests, but cannot personally identify you in connection with the delivery of that specific ad. We believe that such advertising is helpful because you will see advertisements that are relevant to your interests; however, we will process your data until you unsubscribe or cancel your account.
We may also aggregate and anonymize this information with similar information from our other customers in order to understand how our customers use our website, and/or third party service providers may collect non-personally identifiable information from our website, as well.
Cookies
“Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
We use a variety of cookies, such as session, persistent and analytics cookies, among others, to identify and authenticate visitors and to store information in your electronic shopping baskets so it can be retrieved later.
By using the websites, you accept the use of cookies as described in this Policy. You can disable or delete cookies by changing the preferences on your Device browser (usually located in the “History” or “More Tools” menu). Disabling cookies may, however, prevent you from using some of the essential features of the website. Please note that cookie-based opt-outs are not effective on mobile applications; however, on many mobile devices, application users may opt out of certain mobile tracking activities via their device settings.
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We use third-party tracking services that use cookies to provide non-personally identifiable information, and we also use third-party tracking services in our website. These tracking services collect information about our users on an aggregate basis, and such collected information is analyzed periodically to gain a greater understanding of the usage patterns within our website.
Web Beacons and Pixel Tag
“Web beacons,” “tags” and “pixels” are electronic files used to record information about how you browse the website. MalyCares.com and our Third-Party Service Providers (defined below) may use web beacons or pixel tags to control the automated collection of non-personally identifiable information. These small electronic tags on specific web pages on our website help us monitor the activity on our website in order to improve your shopping experience.
JavaScript
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In order to collect the kinds of information described in this Policy and to see how you interact with our website, we, or third parties, may use JavaScript or other languages to send instructions to your Devices.
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Do Not Track
Some browsers may provide a “Do Not Track” option, which signals to website and web services that you do not wish to have your online activities tracked over time or across different website. A “Do Not Track” option may also allow you to opt out of behavioral advertising. At this time, the website neither respond to nor support “Do Not Track” requests and will continue to collect information about your online activity as mentioned in this Policy.
Log Files
“Log files” track actions occurring on the website, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
2. What We Do with Collected Information
We may use the information you provide to us, directly or indirectly, and information we collect about you, including Order Information, for various reasons:
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Improve your user experience with MalyCares.com and expedite access to your account;
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Notify you of any MalyCares.com promotions, deals and other information that may be of use to you or any deals or promotions from our partners;
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Create or administer your account and communicate with you about account creation, activity or modification, placed orders and shipping updates;
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Notify you about any changes to this Policy or the Terms & Conditions;
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Respond to your requests and questions;
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Operate, access, analyze, enhance, and improve our businesses, research, data, marketing and advertising strategies, and our product offerings;
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Perform accounting, auditing, and billing activities;
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Protect against fraud; and
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Comply with applicable laws, regulations and industry standards and enforce our rights and our Terms & Conditions and other policies.
We use the Order Information that we collect generally to fulfill any orders placed through the Sites (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
We may employ third-party service providers (the “Third-Party Service Providers”) to help, on behalf of MalyCares.com, facilitate our services by providing analytics, results, links, advertisements, embedded content or other tools and services. These Third-Party Service Providers may collect non-personally identifiable information through the use of cookies, pixel tags, device fingerprinting or other automated means. The Third-Party Service Providers may use this information internally or share this information with us for various purposes and reasons, including to assist us in providing a more customized shopping experience. This Policy covers on only our use of information we collect. We may use Non-PII (Personally identifiable information) from third parties (such as data vendors) pursuant to their own privacy policies. Similarly, we may enhance the Non-PII collected via our Sites with Non-PII collected from our business partners.
3. Sharing of Information
Information Shared with Our Service Providers
We may share information we collect with our Third-Party Service Providers and other third parties that we engage to help us administer and provide our services and to perform tasks on our behalf (for example, shipping, customer service, marketing communications, analytics) and we share your information with such third parties when it is needed for such purposes. We use Google Analytics to help us understand how our customers use the website — you can read more about how Google uses your personal information here: https://www.google.com/intl/en/policies/privacy/. You can also opt out of Google Analytics
here: https://tools.google.com/dlpage/gaoptout.
We may also share aggregated, anonymized, and non-personally identifiable information with our business partners and/or any other third party (for example, suppliers, vendors, publishers, advertisers or connected websites) for industry research and analysis, demographic profiling, and other purposes. For example, we may share such information to show trends about the general use of our services, website and the MalyCares.com platform.
We may also use your PII (Personally identifiable information), as provided by you through the website, to contact and correspond with you and/or to respond to your inquiries. We do not sell your PII to third parties or mass marketers. Finally, please note that if you specifically consent to additional uses of your PII, we may use your PII in manner consistent with that consent.
Finally, we may also share your personal information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
Compliance with Legal Requirements
We may disclose information about you: (i) if we are required to do so by law or legal process (such as a court order, legal process, governmental agency or otherwise); (ii) in response to a request by law enforcement authorities; or (iii) when we believe disclosure is necessary or appropriate to prevent physical, financial, or other harm, injury, or loss. However, this Policy is not intended to limit any objections or legal defenses you may have to a request to disclose your information by a third party or government.
Information Disclosed in Connection with Business Transactions
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We may also transfer the information we have about you in the event we sell, merge or transfer all or a portion of our businesses or assets (or initiate and pursue reorganization, bankruptcy, dissolution, or liquidation), or take steps in anticipation of such transactions. In such event, all the data will continue to be governed by this Policy.
4. Children’s Privacy Rights
We do not knowingly collect information from anyone under the age of eighteen (18). Our Sites are not intended for or directed at children under the age of eighteen (18) years old.
You must be eighteen (18) years of age or older to register with MalyCares.com. If we learn that a user is under the age of eighteen (18), we will promptly delete any information that they have provided to us. Any user under the age of eighteen (18) must be accompanied by an adult when accessing the website.
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5. Third-party Privacy Practices
Our website may contain links to website and services, as well as other embedded content, that are owned, operated or otherwise provided by third parties (each, a “Third-party Service”). Any information that you provide on or to a Third-party Service or that is collected by a Third-party Service is provided directly to the owner or operator of the Third-party Service and is subject to the owner’s or operator’s privacy policy and practices. We are not responsible for the content, privacy or security practices and policies of any Third-party Service. To protect your information, we recommend that you carefully review the privacy policies of all Third-party Services that you access. Visiting these other Third Party Services is at your own risk.
When you use the website, third parties may collect your information or information about your online and mobile activities over time and across different website. For example, certain third parties may embed content, tools, use cookies, pixel tags and other technologies to serve and offer relevant services, ads and links on the website. We have no control over these third parties and no responsibility for the technologies they employ. We are not responsible for the privacy practices or policies of such third parties or their collection of information, and our Policy does not apply to such collection of information or to the services offered by these third parties. We suggest you review their privacy policies to learn how they may collect or use your information.
Our website may also contain links to social media platforms, and you may be given the choice of connecting to one or more social media platforms from the website. If you choose to do so, then depending upon your social media privacy settings, the personal information that you post, transmit, or otherwise make available on the social media platform may be viewed and/or used by others and we will have no control over such viewing and use. We do not control and are not responsible for any use of your PII by or through any of the social media platforms. By linking to any social media platform, you will be assuming the risk that the PII you provide on that platform may be viewed and/or used by third parties for any purposes and agree that we have no control or responsibility for such third-party viewing and uses.
6. How Information is Protected and Checkout Secured
We implement reasonable measures to protect your information through a variety of safeguards designed to help protect the information we collect and store against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.
No method of protecting information is 100% secure, and we cannot guarantee its absolute security. Therefore, we suggest that you take certain reasonable steps to protect your information. Start by safeguarding your own account username and password and not sharing that information with anyone. It is preferable that users update their password periodically and follow conventions for choosing a secure password. If users are concerned about misuse of their identity within the website, or are using a shared device, users should make an effort to log out as often as necessary. We will never ask for your password via email and users should report any such inquiry.
We retain your PII (Personally identifiable information), if provided by you through the website, for as long as your inquiry is active (as determined by us) and for a reasonable time thereafter, or if applicable, for as long as you remain on our marketing list. Even if we delete some or all of your PII, we may continue to retain and use aggregate, anonymous data previously collected and/or anonymize and aggregate your personal information.
Please note that we will not be liable for disclosures of your data due to errors or unauthorized acts of third parties.
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7. Which Information Can Users Access?
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You may access and update information you have entered on the Sites through your MalyCares.com account settings. There you can also view information like your purchase history, shipping information and credit card transactions. If you have any questions about viewing or updating your information we have on file, please contact MalyCares.commhtllc@gmail.com.
8. What Choices Do Users Have?
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You can choose not to disclose information to us; however, some of this information may be necessary to register with us or to take advantage of the features on our website. As we mentioned above, you may also update certain information through your MalyCares.com account. When you place an order through the website, for instance, we will maintain your Order Information for our records unless and until you ask us to delete this information using the contact information outlined at the bottom of this page.
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You can opt out of promotional emails, other communications or notifications from the Company at any time by clicking unsubscribe at the bottom of our emails, by changing your email preferences or using the contact information provided below. We will process your request within a reasonable time after receipt; however, we are not responsible for removing your PII from the lists of any third party who has previously been provided with your information in accordance with this Policy or your consent. We encourage you to raise any concerns using the contact information provided below, and we will investigate and attempt to resolve any complaints and disputes regarding use and disclosure of information. You may also request access to your PII (if you have provided PII to us through the website) and information about our collection, use and disclosure of that information by using the contact information provided below. Subject to certain exceptions prescribed by law, you will be given reasonable access to your personal information, entitlement to challenge the accuracy and completeness of the information, and the ability to have it amended as is appropriate. You can help us maintain the accuracy of your information by notifying us of any changes to your personal information.
You may restrict information we, and other websites, collect through the use of cookies by changing the preferences on your device browser (usually located in the “History” or “More Tools” menu) to disable or delete cookies. Please know that disabling cookies does not delete them from your browser and you must select the delete option from within your browser; however, disabling cookies on your browser may limit your ability to use specialized features on our website.
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As described above, we may, and may work with third parties, to use Non-PII information to deliver targeted advertisements to you based upon your online activities and other information. The online advertising industry provides a service through which you may opt-out of receiving targeted ads from certain data partners and other advertising partners that participate in self-regulatory programs. You can opt-out of targeted advertising from certain providers at www.aboutads.info/consumers.
Please note that by opting out, you will continue to see generic advertising that is not tailored to your specific interests and activities. To be clear, even if you use an online industry opt-out, these cookie-based opt-outs must be performed on each device and browser that you wish to have opted-out. For example, if you have opted out on your device browser, that opt-out will not be effective on your mobile device. You must separately opt out on each device.
9. Changes in Policy
The information we collect through or on our website is covered by the privacy policy in effect at the time such information is collected. We may amend or revise this Policy from time to time and any such amended or revised privacy policies will be posted on our website and will reflect the date it was last updated. If, in our sole discretion, we make material amendments or revisions to this Policy, we will notify you through a more prominent notice, including, for example, by email or in-website messaging.
10. Questions and How to Contact Us
If you have any questions or concerns regarding privacy and protection of information, please email us at:
Warranty and Return
MalyCares.com will be happy to accept unused, unworned, unwashed, or faulty merchandise for return or exchange otherwise noted as ALL SALE ARE FINAL. If you are not satisfied with the items you receive, we can easily arrange an exchange or refund within 14 days for you unless item has been marked as ALL SALE ARE FINAL.
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How Do I Return An Item?
Step 1
Please contact us immediately at our Support Center stating your order number and the item code. Please attach pictures to show us the problem so we can assist you. Please keep the picture below 10 MB.
Step 2
We will review your complaint with all your details as above and offer you a solution.
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What’s MalyCares.com’ Return Policy?
1. If any defect exists, we will allow a return or exchange, and will offer you a compensation or re-send, once we have received the returned item.
2. If the customer orders the wrong size/color or does not like the item, we can also allow a return. In this case all returns shipping costs are at the customers' own expense. Refunds will be of the product price only and all shipping fees are non-refundable.
NOTE: All return requests must be made within fourteen (14) days of delivery, as reported by the respective third-party package delivery company, to qualify for return. Return requests received more than fourteen (14) days after the date of delivery are not eligible for return. Case lots must be returned in the original shipping carton with all individual items unopened. No partial returns will be accepted. All shipping costs for merchandise authorized by eHlub.com to be returned to eHlub.com shall be at the customer’s expense. Please note that Buyer’s Remorse returns are eligible for a 20% restocking fee.
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What’s MalyCares.com’ Warranty Policy?
1. We do not offer any warranty on any product we sold.
Terms of Conditions
1. GENERAL
Welcome to MalyCares.com. We provide goods and services to you subject to the notices, terms, and conditions set forth in this agreement (the “Agreement”) .We may from time to time change the terms that govern your use of our Website. We may change, move or delete portions of, or may add to, our Website from time to time. Every time you wish to use our Website, please check these Terms and Conditions to ensure you understand the terms that apply at that time. MalyCares.com reserves the right to change this website and these terms and conditions at any time.
To shop with us, you need to be at least 18 years old. Any accessing, browsing, or otherwise using the website indicates your agreement to all the terms and conditions in this Agreement. If you disagree with any part of the
Terms then you should discontinue access or use of the Website. Please read this Agreement carefully before proceeding.
Please also read our Privacy Policy regarding personal information provided by you. MalyCares.com may send electronic mail to you for the purpose of advising you of changes or additions to this Website, about any of MalyCares.com’s products or services, or for a such other purpose(s) as you agree. You can unsubscribe by using the link from any email newsletter or your personal subscribe setting after logged in.
2. REGISTERING YOUR ACCOUNT
To make a purchase with MalyCares.com, 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 MalyCares.com 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 MalyCares.com Services and the MalyCares.com Website.
You agree to keep your username and password confidential, that you are solely responsible for maintaining the confidentiality of your username and password, and that you are solely responsible for restricting access to your computer(s) or mobile device(s). You agree to access the MalyCares.com Services and/or the MalyCares.com Website 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 is meant to circumvent these Terms. Each time a valid password is used with your account, you will be deemed to be authorized to access and use the DollarDays Services or the MalyCares.com Website 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 MalyCares.com Services or the MalyCares.com Website. 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 MalyCares.com Services and/or the MalyCares.com Website is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation, financial obligations) incurred through such access or use.
3. USE OF MalyCares.com WEBSITE
When you use this website, you agree to the processing of the information and details and you state that all information and details provided are true and correspond to reality. You represent and warrant that you are at least 18 years old or visiting the Website under the supervision of a parent or guardian. Subject to the terms and conditions of this Agreement, MalyCares.com hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the website by displaying it on your internet browser only for the purpose of shopping for personal items sold on the website and not for any commercial use or use on behalf of any third party, except as explicitly permitted by MalyCares.com in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by MalyCares.com in writing. You may not make any commercial use of any of the information provided on the website or make any use of the website for the benefit of another business unless explicitly permitted by MalyCares.com in advance. MalyCares.com reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if MalyCares.com believes that customer conduct violates applicable law or is harmful to MalyCares.com’s interests.
You shall not upload to, distribute, or otherwise publish through this website any Content, information, or other material that: (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under local or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties. MalyCares.com may assign you a password and account identification to enable you to access and use certain portions of this website. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and MalyCares.com has no obligation to investigate the authorization or source of any such access or use of the website.
You will be solely responsible for all access to and use of this website by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify MalyCares.com of any unauthorized use of your password or identification or any other breach or threatened breach of this website’s security.
In accordance with Customs regulations customers must provide valid and accurate data. All consignee names, address and payers name should be valid. Certain countries request that the consignee submit their ID or passport to clear the package or for payment verification purposes. It is the customers sole responsible for the accuracy of data that they provide to us. Should any information be incorrect and prevent any shipment or deliveries or customs clearance, we will not hold responsible and will not offer any compensation in such cases.
MalyCares.com will always comply with the law, and we kindly remind users to do the same. As the importer customers are responsible to comply with all laws and regulations in their own countries. Please refer to our privacy policy for more information.
We reserve the right to refuse service, terminate accounts, suspend accounts, prevent the application of a Promotion, remove or edit content or products, cancel orders at any time and in our sole discretion, and/or take any other legal action available to us under the Terms or at law, including, without limitation, if we believe that your conduct violates the Terms, applicable law, is harmful to our interests, or is against, without limitation, the spirit of the Terms, the MalyCares.com Services, the MalyCares.com Website, or a particular Promotion.
4. OTHER TERMS AND POLICIES WHICH APPLY
MalyCares.com helps people in the U.S. sell, list and transact online to sell and buy goods. The following Terms may apply, depending on how you use our Service.
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Seller Rules – If you list any items for sale, these additional Policies apply to you.
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Buyer Rules – If you use our Service to browse or purchase, these additional Policies apply to you
5. AGE RESTRICTIONS
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By using the MalyCares.com website, you represent and warrant that you are either at least 18 years of age or are using an MalyCares.com website under the supervision of a parent or guardian. If you are under 18 years of age, you may only use the MalyCares.com website with the supervision of a parent or guardian.
6. DATA & INFORMATION POLICY
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When you use MalyCares.com website and place orders through it, you agree to provide us with your email address, postal address and/or other contact details truthfully and exactly. You also agree that we may use this information to contact you in the context of your order if necessary
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy .
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7. ERRORS
In case you detect that an error occurred when entering your personal data during your registration as a user of this website, you can modify them in the section “My Account”. In any case, you will be able to correct errors related to the personal data provided during the purchase process by contacting us, as well as exercising the right of rectification contemplated in our Privacy Policy through MalyCares.com. This website displays confirmation boxes in various sections of the purchase process that do not allow the order to continue if the information in these sections has not been correctly provided. Also, this website offers details of all the items you have added to your shopping cart during the purchase process, so that before making the payment, you can modify the details of your order.
If you detect an error in your order after the completion of the payment process, you should immediately contact our customer service or email us to correct the error.
While MalyCares.com strives to provide accurate product and pricing information, pricing or typographical errors may occur. MalyCares.com cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, MalyCares.com shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mis-priced, MalyCares.com may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
8. TRADE RULES
8.1 Price and Payment
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All prices are inclusive of VAT (where applicable) at the rate appropriate to the country of receipt and are correct at the time of entering the information on to the system. If for some reason we are unable to ship your goods, the value of the items that are not shipped will be refunded to you to the original method of payment.
All prices are exclusive of delivery charges. The total cost of the order is the price of the products ordered plus the delivery charge.
Prices may change at any time, but (other than as set out above) changes shall not affect the orders for which we have sent an Order Confirmation.
Once you have selected all products that you wish to buy, they will be added to your cart. The next step will be to process the order and make the payment. To that end, you must follow the steps of the purchase process, indicating or verifying the information requested in each step. Furthermore, throughout the purchase process, before payment, you can modify the details of your order. Also, if you are a registered user, a record of all the orders placed by you is available in “My Account” area. You may use, as payment method, the following cards: Visa, Mastercard, American Express, Discover Card, PayPal and online banking etc.
To minimize the risk of non-authorized access, your credit card details will be encrypted. Once we receive your order, we request a pre-authorization on your card to ensure that there are sufficient funds to complete the transaction. The charge on your card will be made at the time your order leaves our warehouse.
When you click “Authorize Payment”, you are confirming that the credit card is yours. Credit cards are subject to verification and authorization by the card issuing entity. If the entity does not authorize the payment, we shall not be liable for any delay or failure to deliver and we will be unable to conclude any Contract with you.
8.2 Colors
We have made every effort to display, as accurately as possible, the colors of our products that appear at the Website. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate. MalyCares.com do not warrant that any such product descriptions, including weight and size, or other such statements or content are accurate, complete, reliable, current, or error-free. Product images used on the MalyCares.com Website are intended to represent types of products and may not represent the exact size, color, flavor, type, quantity, or other specific details about the product you are purchasing. If you believe a product offered on the MalyCares.com Website is not as described, you may contact the Customer Care Team by email to us at MalyCares.comhmtllc@gmail.com to process a return or to order a replacement.
8.3 Packing
Unless otherwise provided, we will comply only with its minimum packing standards for the method of transportation selected. The cost of all special packing, loading or bracing requested by you will be paid for by you.
8.4 Shipping & Delivery
For orders with more than one item, we may split your order into several packages according to stock levels at our own discretion. We aim to deliver orders within seven working days of orders being placed. However, sometimes during busy sale periods, deliveries may take longer. Please note that Saturday, Sunday and Holiday Days are not classed as working days. If you have not received your delivery in 15 working days please contact us by email at muajhmootrading@gmail.com.
8.5 Title and risk of loss
Delivery to carrier shall constitute delivery to Buyer, and thereafter risk of loss or damage shall pass to Buyer. Any claim of Buyer relative to damage during shipping or delivery should be made directly to the carrier. Any claims by Buyer against Our Company for shortage or damage occurring prior to such delivery to carrier must be made within five (5) days after receipt of the goods and accompanied by original transportation bill signed by carrier noting that carrier received the goods from Our Company in the condition claimed.
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8.6 Return of product
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Goods can be returned in designated period. The exact return period and return policy differs from country to country. Please contact our customer service for the detailed information. Customers returning goods are responsible for freight charges.
Size wrong items and quality problem items can be exchanged. For defective products, If a defect or damage is confirmed on the returned products, we will give you a complete refund including the charges you have accrued of delivery and return. The refund will be paid to the original method of your payment.
The following items cannot be returned or exchanged: bodysuits, lingerie & sleepwear, swimwear, jewelry, accessories (except scarves, bags, and mermaid blankets), any lucky charms products.
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8.7 Reviews and Comments
Except as otherwise provided elsewhere in this Agreement or on the website, anything that you submit or post to the site and/or provide MalyCares.com, including, without limitation, picture, video, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and non-proprietary, and by submitting or posting, you agree to irrevocably license the entry and all IP rights related thereto (excluding the moral rights such as authorship right) to MalyCares.com without charge and MalyCares.com shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of MalyCares.com and shall not be returned to you and you agree not to raise any dispute in connection with any use of the entry by MalyCares.com in the future.
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You warrant that your Submissions, in whole or in part, are clear and free of any IP right infringement, disputes or third party claims. MalyCares.com assumes no liability for any misuse of copyright or any other rights of third parties by you. You undertake to defense for and indemnify the Sponsor against any losses caused due to the use of the entries for any purposes.
In addition to the rights applicable to any Submission, when you post comments or reviews to the site, you also grant MalyCares.com the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments, and other Content that you post on this website and that use of your reviews, comments, or other Content by MalyCares.com will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead MalyCares.com or third parties as to the origin of any Submissions or Content. MalyCares.com may, but shall not be obligated to remove or edit any submissions (including comments or reviews) for any reason.
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9. PRICING, TAXES, SHIPPING
MalyCares.com continuously works to offer competitive prices on everything with the lowest prices whenever possible. In certain instances and for certain products, we also report suggested savings as a percentage.
Items sold on the MalyCares.com website or through the MalyCares.com Services may be subject to tax, governmental charges, or deposit fees. In most cases, prior to submitting your purchase request, you will see an estimate of the taxes and other fees to be collected on your order. This amount will depend on various factors, including the items purchased, the shipment destination, and, in certain circumstances, the identity of the seller (if not MalyCares.com). In certain limited circumstances and for certain third-party sellers, the tax amount may be included in the price of a product.
With respect to those products that are not sold by MalyCares.com, such products will be subject to tax based on the sales tax collection obligations of the applicable seller. Applicable tax on such orders will be applied to the item price indicated by the seller. For these items, savings amounts will not always reduce the price at which tax is charged.
MalyCares.com only ships to the 48 contiguous states and the District of Columbia. Due to carrier restrictions, items requiring truck delivery cannot be shipped to Alaska, Hawaii, U.S. territories, APO/FPO, P.O. Box Address or internationally. Shipments are delivered by UPS, FedEx, USPS, or other carriers. The exact delivery date of your order may depend on several factors, including, without limitation, the date and time you place your order, the schedules and processes of our shipping partners, holiday schedules, weather, and other factors. Even though we try to anticipate delays, we cannot predict or always prepare for delays caused by carriers, mistakes in delivery or shipment information, changes to orders, strikes, bad weather, or other similar circumstances. If there is a delay, we will do whatever we can to help move things along, although we cannot promise we’ll be able to resolve the delay.
10. OUT OF STOCKS
If a product you have selected is not in stock, we reserve the right to, at our discretion, replace the product with an equivalent or similar product, provide you with a credit to your account for the amount paid for such an item, or refund you for the item. “Equivalent” or “similar” items may be the same brand but a different type, size or flavor, or may be the same type of product but a different brand, size or flavor. Price adjustments for alternate products will not be requested by us nor extended to you in the event of a product substitution.
11. RETURN POLICY
All return requests must be made within fourteen (14) days of delivery, as reported by the respective third-party package delivery company, to qualify for return. Return requests received more than fourteen (14) days after the date of delivery are not eligible for return. Products must be returned in the original shipping carton with all individual items unopened. No partial returns will be accepted. All shipping costs for merchandise authorized by MalyCares.com to be returned to MalyCares.com shall be at the customer’s expense. Please note that Buyer’s Remorse returns are eligible for a 20% restocking fee.
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All purchases made with a Promo Code or pursuant to a Promotion are final and are not eligible for return, unless the reason for the return request is for errors or inaccuracies in the order made by MalyCares.com.
12. Modifications to the MalyCares.com services, the modifications to The MalyCares.com Services, The MalyCares.com Website, and Terms
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MalyCares.com reserves the right to terminate, modify, cancel or discontinue, temporarily or permanently, all or any portion of the MalyCares.com Services and/or the MalyCares.com Website with or without notice. MalyCares.com also reserves the right to terminate, discontinue, modify or cancel any or all Promotions, including, without limitation Promo Codes and the Cash Rewards program, and/or the Terms, terms, any policy, FAQ, and/or guideline pertaining to the use of the MalyCares.com services, the MalyCares.com website, and/or any Promotion, product, or service at any time and in its sole discretion without notice to you. Any changes or modifications to any of the foregoing will be effective immediately upon posting the revisions on the MalyCares.com website or through the MalyCares.com services.
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13. INTELLECTUAL PROPERTY AND OWNERSHIP
You recognize and agree that all copyright, registered trademarks and other intellectual property rights on all materials or contents provided as part of the website belong to us at all times or to those who grant us the license for their use. You may use said material only to the extent that we or the usage licensers authorize expressly. This does not prevent you from using this website to the extent necessary to copy the information on your order or contact details. MalyCares.com is a registered trademark, service mark, and/or trade name. No use of these marks may be made without the prior written authorization of MalyCares.com, except as necessary to accurately identify the products or services of MalyCares.com.
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14. THIRD PARTY LINKS AND RESOURCES
Where our website contains links to other websites and resources provided by third parties (including where our social media sharing plug-ins include links to third party websites), these links are provided for your information only. MalyCares.com have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
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15. EVENTS BEYOND OUR CONTROL
We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under a Contract when caused by events that are beyond our reasonable control (“Force Majeure”). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:
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i.Strike, lockout or other forms of protest.
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ii.Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
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iii.Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster.
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iv.Inability to use trains, ships, aircraft, motorized transport or other means of transport, public or private.
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v.Inability to use public or private telecommunication systems.
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vi.Acts, decrees, legislation, regulations or restrictions of any government or public authority.
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vii.Strike, failure or accident in maritime or river transport, postal transport or any other type of transport.
It shall be understood that our obligations deriving from Contracts are suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfill these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. We will provide all reasonable resources to end the situation of Force Majeure or to find a solution that enables us to fulfill our obligations by virtue of the Contract despite the situation of Force Majeure.
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16. LIABILITY AND WAIVING LIABILITY, STATUTORY CONSUMER RIGHTS
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Unless otherwise indicated expressly in these Conditions, our liability regarding any product acquired on our website shall be limited strictly to the price of purchase of said product. Notwithstanding the above, our liability shall not be waived nor limited in the following cases:
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i. in case of death or personal harm caused by our negligence;
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ii. in case of fraud or fraudulent deceit; or
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iii. in any case in which it was illegal or illicit to exclude, limit or attempt to exclude or limit our liability.
Notwithstanding the paragraph above, and to the extent legally allowed, and unless these Conditions indicate otherwise, we shall not accept any liability for the following losses, regardless of their origin:
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i. loss of income or sales;
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ii. operating loss;
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iii. loss of profits or contracts;
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iv. loss of forecast savings;
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v. loss of data; and
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vi. loss of business or management time.
Due to the open nature of this website and the possibility of errors in storage and transmission of digital information, we do not warrant the accuracy and security of the information transmitted or obtained by means of this website, unless otherwise indicated expressly on this website. All product descriptions, information and materials shown on this website are provided “as is”, with no express or implied warranties or conditions of the same, except those legally established. In this sense, if you are contracting as a consumer or user, we are obliged to deliver goods that are in conformity with the Contract, being liable to you for any lack of conformity which exists at the time of delivery. It is understood that the goods are in conformity with the Contract if they: (i) comply with the description given by us and possess the qualities that we have presented in this website; (ii) are fit for the purposes for which goods of this kind are normally used; (iii) show the quality and performance which are normal in goods of the same type and which can reasonably be expected To the extent permitted by law, we exclude all warranties and conditions (whether express or implied), except those that may not be excluded legitimately.
15. APPLICABLE LEGISLATION AND JURISDICTION
The use of our website and the product purchase contracts through MalyCares.com website shall be governed by the law of State of California, USA. If you are entering into the contract as a consumer, nothing in this Clause shall affect the statutory rights you have, as recognized in any applicable legislation in this area.