Our website and Terms and Conditions have been designed for use within the United Kingdom and to work under the jurisdiction of UK law. Customers from outside the United Kingdom, should check our worldwide stockist list, our stockist will be more than happy to assist you. If you are an overseas customer who does not have a local stockist it should be noted that there is no express or implied guarantee that the use of this website or the placing of any order through this website from outside the UK complies with any applicable non-UK laws or regulations. Any products or promotions, therefore not permitted under your local law are not offered to you.
Whist we endeavour to ensure that prices remain constant and that there is availability of goods, both prices and availability of goods is subject to change without notice. However the price that is in operation at the time of placing the order will be the price that you will be invoiced.
Conformity Of Goods
We endeavour to ensure that the description and specification of our products are correct at the time of going to press. However, while the colour reproduction of the products is a close representation, we cannot accept any responsibility for any variation in colour caused by the browser software or computer system used by you.
Disclaimer & Limitations of liability
The Malabar Cotton Company Limited does not seek to exclude or limit liability for death or personal injury arising from its negligence or that of its members agents directors or employees or for any fraudulent misrepresentation.
To the fullest extent permitted by law and save as provided above, neither The Malabar Cotton Company Limited shall be liable to you by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, or in negligence (whether on the part of The Malabar Cotton Company Limited, agents, directors, employees or otherwise) for any indirect special or consequential loss or damage (including but not limited to loss of profit or loss of saving), costs, expenses or other claims for compensation whatsoever which arise out of or in connection with the use of this website, the supply of the products or their use or resale by you.
The Malabar Cotton Company Limited endeavours to ensure that the information on this website is accurate and up to date, it does not give any warranty as to its accuracy or completeness and The Malabar Cotton Company Limited will not be responsible for any errors or omissions or for the results arising from the use of such information.
The Malabar Cotton Company Limited does not guarantee that your use of this website will be interruption or error free and will not be responsible for any disruption, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.
In addition The Malabar Cotton Company Limited will not be responsible nor liable for your use of any other websites which you may access via links within this website. The Malabar Cotton Company Limited does not purport to control these websites and is therefore not responsible for their content. Any such links are provided merely as a service to users of this website.
The entire liability of The Malabar Cotton Company Limited under or in connection with any contract for any products to which these conditions apply shall not exceed the price of the products, except as expressly provided in these conditions.
The Malabar Cotton Company Limited will not be liable to you or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the products ordered by you if the delay or failure was due to any cause beyond its reasonable control.
No person who is not a party to these terms and conditions shall have any right to enforce any term under the Contracts (Rights of Third Parties) Act 1999. Nothing in these conditions is intended nor shall affect any of your statutory rights that may not be legally excluded.
Unless otherwise specifically agreed in writing by a director of The Malabar Cotton Company Limited (the Company) on its official headed paper, the following terms and conditions shall apply to every offer, quotation, acceptance and contract for the supply or sale of goods by the Company and together with the order to which they relate constitute the entire contract between the Company and the customer. Any conditions proposed by the customer which are inconsistent with these terms and conditions are hereby excluded. Acceptance of these terms and conditions is signified and implied by the customer ordering goods either by telephone, fax or post. Each order when accepted constitutes a separate contract unless otherwise stated in writing by the Company.
Cut off times for same day despatch
Malabar should receive all orders and amendments no later than 12.00 noon for same day despatch.
Minimum order quantities
For full account holders the minimum order is for two metres of fabric. Fabrics should be ordered in metres and will be rounded up to the nearest 10 cm.
Confirmations, Cancellations & Amendments
Confirmation orders must be clearly marked as such and should state our sales order number. A handling charge of 25% will be levied when duplication is due to ‘confirmation order’ not being stated. Where an order is placed for goods, which need to be specially made, no cancellation can be accepted. If an order is cancelled, amended or a duplication is discovered, no charge will be made if goods have not been cut. All other orders, once cut, packed or despatched, will be treated as returns. Where goods have already been despatched to the customer, the cost of carriage both ways must be borne by the customer.
Once goods have been cut, treated, made up, installed or damaged in any way, they cannot be returned for credit under any circumstances. No returns can be accepted or credited without prior agreement with our customer service department and will only be credited provided they are returned to us within 14 days from the date of invoice. In any case no lengths under five metres will be accepted back.
Where returns are agreed a 25% handling fee, plus any carriage costs, will be deducted from the value of the goods returned.
Any unauthorised returns will not be accepted under any circumstances. They will be returned to the sender and any costs will be charged to the customer’s account.
The customer should advise the customer service department in advance by fax or post which goods the customer would like to return, the reason for the return and the relevant invoice number.
A NEW AUTHORISED GOODS RETURN LABEL SUPPLIED BY MALABAR WITH THIS INFORMATION SHOULD BE RETURNED WITH THE GOODS. NO GOODS WILL BE ACCEPTED WITHOUT THE LABEL.
Proof of return to Malabar should be retained in case of dispute.
Credit notes cannot be issued until the Company has received this information, agreed the return and received back the goods in perfect condition.
Deliveries to third parties
Where instructed by the customer to deliver goods to a third party (curtain makers, upholsterers, flame retarders, etc) it is the responsibility of the customer to ensure that the correct goods are received by that party. A sample should be sent to the third party to enable verification when the goods are received by the third party.
In the case of reversible fabrics or where there may be some doubt, the correct face and pattern direction should be clearly indicated where necessary.
It is essential that no goods are cut, treated, made up or installed unless the goods supplied are totally correct in all respects.
No returns or claims can be accepted for any treatments, make-up or installation charges, or replacement or other where goods have not been verified.
Any alleged faults in our goods must be reported to us by fax or post within seven days of receipt of those goods otherwise claims cannot be considered. Whilst every effort is made to control and inspect each order to ensure you receive all goods in the best possible condition, errors can be made, and damage and creasing can occur in transit.
No returns or claims can be accepted if goods have been cut, treated, made up or installed. It is essential to check that the goods supplied are totally correct in all respects before proceeding. If in doubt please contact our customer service department so that a replacement can be arranged, if necessary.