Terms&Conditions
Terms are subject to change without notice. The construction, interpretation and performance of orders shall be governed by and construed in accordance with the laws of Germany regard to its conflict of law rules. The use of this site is voluntary and is being made available to you for use in obtaining Malchus Kern Rose of Jericho Wholesale products.
By ordering from Malchus Kern Wholesale via this site, telephone, email or post, you agree to the following terms and conditions:
Return policy:
Please inform us (by phone or e-mail) of any damages/ missing items/ faulty items within 5 business days from the receipt of your order. In such cases we will always try to find a suitable solution for everyone.
If you have ordered incorrect item(s) or too many items, please contact us to report this within 5 working days of the delivery date of your order. Please always quote your invoice number, the item name and quantity of the items you wish to return. We will always try to find a solution in such cases, but please note that we will not be able to credit the return postage for items ordered incorrectly or in error nor the original postage costs. Custom made products cannot be returned.
TERMS AND CONDITIONS
Terms and conditions for business to business sale of goods by Malchus Kern Wholesale
1. General Statement
These terms and conditions of sale (“Conditions”) apply to all Goods supplied by Malchus Kern (“Company”) whose principal place of business is at: Beethovenstr. 1, 88677 Markdorf, GERMANY
“WE”, “US” or “OUR” means Malchus Kern.
“BUYER/ YOU/ YOUR” means the person whose order for the Goods is accepted by us. We accept orders placed by: telephone, website (www.roseofjericho-wholesale.com), mail and email.
“GOODS” means the goods (including any instalment of the goods), which we supply in accordance with these Conditions.
The Terms and Conditions, as well as the Returns Policy, apply to all orders placed with Malchus Kern. This includes, but is not limited to orders placed via: the website, mail, telephone and email. By ordering from Malchus Kern, you declare, that the order is placed for resale and/or business use.
By using and accessing the website you agree to be bound by company’s Terms and Conditions, as well as the Returns Policy and all applicable law. You consented to these Terms the first time you accessed this website from a particular computer or device, and confirm your consent each time you use this website.
If you do not have the authority to agree to or accept company’s Terms and Conditions, you may not use or access this website.
Product Use/ General Advice
We make every reasonable effort to ensure that the information on this website is accurate and up-to-date. We disclaim all liability for loss and/or damage that may result from the use of information contained on this site.
Prices and Discounts
All prices quoted are VAT not applicable. We make every effort to keep the prices on our website up to date, however any changes to said prices are subject to change without notice. The prices on the website supersede any other sources.
On occasion we may send out email and/or mail special offers/ voucher codes. Each such offer will have its own terms and conditions and these will be specified within the offer. These offers will be applied to orders compliant with the specified terms and conditions only.
We reserve the right to request a 50% non-refundable deposit for any special orders placed with us. The delivery time-scales for special orders are agreed individually at the point of sale and can be different to the standard delivery time-scales.
If a buyer cancels an order after it has been confirmed and the deposit has been paid, Malchus Kern reserves the right not to refund the deposit as it is required to cover the administration costs.
Orders
Please note, that we have a minimum order value which may change without prior notice.
Orders below this threshold will incur a small order charge. This applies to all orders placed with Malchus Kern, regardless of how the order is submitted.
Payment
We accept the following methods of payment:
PayPal
Bank Transfer
Cash (only for collections in person)
French Cheque (under conditions)
Carriage
Shipping rates depend on the quantity and size of your order and will be quoted upon demand.
Out Of Stock Items
In some cases the item might be out of stock. In such a case we will inform you of the expected delivery time. If you need any items urgently, please contact us before ordering to check if the item and quantity is in stock.
Cancellations
If you wish to cancel your order, please inform us of this immediately via the telephone or email. We will confirm the cancellation with you in writing and refund the payment for the order.
If you cancel your order after it had already been dispatched, we will try to find a suitable solution for every party included in the transaction. A cancellation fee may occur.
If you wish to cancel the order after you have already received it, you have the right to do so within 7 days of the delivery date of the order. Please note, we will not reimburse the return postage charge or the initial delivery charge. We will request that you return the goods at your own cost.
Please note that custom made orders and products cannot be refunded. In any cases we will always try to find a solution.
Once the order is returned, we will refund your original method of payment less any postage charges incurred.
The goods should be unopened and in their original packaging.
Copyrights
All website design, text, graphics, the selection and arrangement thereof, and all software compilations, underlying source code, software (including applets), and all other material on this website are copyright of Malchus Kern and its affiliates, or their content and technology providers. ALL RIGHTS RESERVED.
Any use of materials on this website without the prior written permission of Malchus Kern is strictly prohibited.
Disclaimer
To the fullest extent permitted at law, Malchus Kern is providing this website site and its contents on an “as is” basis and make no (and expressly disclaims all) representations or warranties of any kind, express or implied, with respect to this website site or the information, content, materials or products included in this site including, without limitation, warranties of merchantability and fitness for a particular purpose. In addition, Malchus Kern does not represent or warrant that the information accessible via this website site is accurate, complete or current. Price and availability information is subject to change without notice.
Except as specifically stated on this website, to the fullest extent permitted at law, neither Malchus Kern nor any of its affiliates, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this website or the information, content, materials or products included on this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. For the avoidance of doubt, Malchus Kern does not limit its liability for death or personal injury to the extent only that it arises as a result of the negligence of Malchus Kern, its affiliates, directors, employees or other representatives.
a) This agreement shall be governed by and interpreted in accordance with German Law and the parties hereby submit to the jurisdiction of the German Courts.
b) Implied terms shall be executed to the fullest extent permitted by law.
c) If either party is affected by ‘Force Majeure’ (material circumstances beyond reasonable control of that party) it shall immediately notify the other party in full of the nature and extent of the circumstances. Notwithstanding the other provisions of this agreement neither party shall be deemed to be in breach of this agreement or liable as a result of the Force Majeure. Where Malchus Kern has claimed Force Majeure in respect of the supply of goods or services; the Customer may choose to obtain support services from another party.
d) Any director or representative of the Customer will be deemed to be its authorized signatory and thereby guarantee the Customer’s acceptance of its obligations under this agreement.
e) Failure of either party to exercise or enforce any right within this agreement shall not be deemed to be a waiver of such right.