Terms of service
Terms & Conditions
Last updated: 18/07/2026
Welcome to Malayali Markt.
These Terms & Conditions ("Terms") apply to your use of our website and to all purchases and pre-bookings made through our business, including orders placed and confirmed through WhatsApp.
By browsing our website, contacting us through WhatsApp, placing an order, or making a pre-booking, you agree to these Terms.
Please read these Terms carefully before placing an order or pre-booking a product. If you do not agree with these Terms, please do not place an order with us.
1. Using Our Website
You agree to use our website only for lawful purposes and in accordance with these Terms.
You must not:
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Use our website for any unlawful or fraudulent purpose;
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Attempt to gain unauthorised access to our website or systems;
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Interfere with the security or operation of our website;
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Copy, reproduce, or misuse our website content without permission; or
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Provide false, inaccurate, or misleading information when making an enquiry or placing an order.
We reserve the right to suspend or restrict access to our website where reasonably necessary, including for maintenance, security, technical, or operational reasons.
2. Products and Product Information
We make reasonable efforts to ensure that product descriptions, specifications, images, colours, sizes, and other information displayed on our website or provided through WhatsApp are accurate and up to date.
However, please note that:
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Product colours may appear slightly different depending on your device or screen settings;
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Product images may be for illustrative purposes;
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Minor differences in appearance, packaging, or specifications may occur where permitted by applicable law; and
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Product availability may change without notice.
We reserve the right to correct errors, update product information, and change or discontinue products at any time.
If we identify an obvious error in the description, price, or availability of a product after you have placed an order, we will contact you and provide an appropriate resolution.
3. Pre-Booking and Pre-Order Policy
At the time of publication of these Terms, some or all products available through our store may be offered on a pre-booking or pre-order basis.
A pre-booking means that you are reserving a product in advance, before the product is ready for shipment or immediately available for dispatch.
Because pre-booked products may have future availability or shipping dates, you should carefully read the following terms before placing your order.
3.1 Pre-Booking Deposit
To secure a pre-booking order, you are required to pay a 10% deposit of the total order value at the time of placing your order.
The 10% deposit is required to reserve and secure your order.
By paying the 10% deposit, you confirm that you wish to proceed with the pre-booking and agree to the terms of this Pre-Booking Policy.
The 10% deposit will be credited towards the total purchase price of your order.
3.2 Remaining Balance
The remaining 90% of the total order value must be paid in full before your order is shipped.
We will notify you when your order is ready or approaching the shipping stage and provide instructions for payment of the outstanding balance.
Your order will not be shipped until:
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The remaining balance has been paid in full; and
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We have confirmed that the order is ready for shipping.
The 10% deposit already paid will be deducted from the total amount payable for your order.
3.3 Customer Cancellation of a Pre-Booking
If you decide to cancel your pre-booking order after paying the 10% deposit, the 10% deposit will not be refunded, subject to any mandatory rights you may have under applicable consumer protection law.
If you cancel before paying the remaining 90% balance:
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You will not be required to pay the remaining 90% of the order value; and
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The 10% deposit already paid will be retained by us and will not be refunded, except where a refund is required by applicable law.
By placing a pre-booking order and paying the 10% deposit, you acknowledge and agree to this cancellation and deposit policy.
3.4 Failure to Pay the Remaining Balance
When your order is ready for shipping, you will be required to pay the outstanding 90% balance within the timeframe communicated by us.
We may contact you through WhatsApp or another agreed communication method to notify you that the remaining balance is due.
If you fail to pay the outstanding balance within the specified timeframe, we may contact you to remind you of the outstanding payment.
If the balance remains unpaid after reasonable reminders or after the payment deadline has passed, we reserve the right to cancel the order.
In such circumstances, the 10% deposit may be retained and will not be refunded, except where applicable law requires otherwise.
3.5 Delays to Pre-Booked Products
Any estimated availability or shipping date provided for a pre-booked product is an estimate and not a guaranteed delivery date unless expressly stated otherwise.
Pre-booking products may be subject to delays caused by manufacturers, suppliers, shipping companies, customs, logistics providers, or other circumstances outside our reasonable control.
If there is a significant delay, we will make reasonable efforts to notify you and provide an updated estimated timeframe.
A delay does not automatically entitle you to a refund of the 10% deposit unless you have a legal right to cancel and receive a refund under applicable law.
3.6 Cancellation by Us
We reserve the right to cancel a pre-booking where we are unable to fulfil the order for reasons beyond our reasonable control or where the product becomes permanently unavailable.
If we cancel your pre-booking because we are unable to fulfil the order, we will notify you and, where applicable, refund the amounts you have paid, including the 10% deposit.
Where possible, we may offer you an alternative product or another suitable resolution.
4. Prices
All prices displayed on our website or communicated to you through WhatsApp are shown in Euro.
Unless otherwise stated, any applicable taxes, duties, delivery charges, or other additional costs will be communicated to you before your order is confirmed.
We reserve the right to change our prices at any time. However, price changes will not affect an order that has already been confirmed, except where an obvious pricing error has occurred.
For pre-booking orders, the price applicable to your order will be the price agreed at the time the pre-booking is confirmed, subject to correction of obvious errors.
5. Placing an Order
At present, orders may be placed through our official WhatsApp communication channel rather than directly through the online store checkout.
When you contact us through WhatsApp to place an order, we will provide you with the relevant product details, pricing, availability, and payment instructions.
An order will only be considered confirmed once:
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The required order details have been provided and agreed upon;
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We have confirmed the availability or pre-booking of the product; and
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The required payment has been successfully received.
For products offered on a pre-booking or pre-order basis, a 10% deposit of the total order value must be paid to secure the order. The remaining 90% balance must be paid before the order is shipped, in accordance with our Pre-Booking and Pre-Order Policy.
We may communicate with you through WhatsApp regarding:
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Order confirmation;
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Product availability;
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Payment instructions;
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Pre-booking status;
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Remaining balance payments;
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Shipping confirmation;
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Delivery arrangements; and
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Other matters relating to your order.
You are responsible for providing accurate contact, billing, and delivery information when placing your order.
We reserve the right to refuse or cancel an order where there is a legitimate reason, including:
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The product is unavailable;
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There is an obvious pricing or product description error;
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We suspect fraudulent, unauthorised, or unlawful activity;
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We are unable to deliver to the address provided;
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Payment cannot be successfully processed; or
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We are required to do so by law.
If we cancel an order after receiving payment, we will refund any amounts that are legally required to be refunded.
For pre-booking orders, the cancellation and deposit terms set out in Section 3 – Pre-Booking and Pre-Order Policy will apply.
6. Payment
Payment must be made using one of the payment methods made available or communicated to you by us.
For standard purchases, the full purchase price is payable when the order is placed unless otherwise agreed.
For pre-booking orders:
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10% of the total order value is payable to secure the order; and
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The remaining 90% must be paid in full before the order is shipped.
By providing payment details or making a payment, you confirm that you are authorised to use the selected payment method.
Payments may be processed by third-party payment providers. We do not normally have access to or store your full payment card details.
Where payment is made through a third-party provider, that provider's own terms and conditions may also apply.
7. Delivery and Shipping
We aim to dispatch and deliver orders within the estimated timeframes stated on our website or communicated to you through WhatsApp.
For pre-booked products, the estimated shipping timeframe may be different from standard products and may depend on product availability.
Delivery dates and timeframes are estimates unless expressly stated as guaranteed.
Delivery may be delayed by circumstances outside our reasonable control, including:
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Supplier or manufacturer delays;
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Courier or postal delays;
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Customs or import procedures;
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Severe weather;
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Strikes or industrial action;
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Transportation problems; or
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Other unforeseen circumstances.
You are responsible for providing a complete and accurate delivery address.
We cannot be responsible for delivery failures or delays caused by incorrect or incomplete information provided by you.
If your order arrives damaged, please contact us as soon as reasonably possible and provide photographs or other relevant information where requested.
For pre-booking orders, the order will only be shipped after the full outstanding balance has been received and we have confirmed the shipping arrangements.
8. Returns and Refunds
We accept eligible returns within [X days] of the date of delivery, subject to the conditions below and any rights you may have under applicable consumer protection law.
To request a return, please contact us through our official WhatsApp communication channel or at:
[Customer Service Email]
Please include your:
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Order number;
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Name;
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Product details; and
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Reason for the return, where applicable.
Unless otherwise required by law, returned products should:
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Be unused and in their original condition;
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Be returned in their original packaging where reasonably possible;
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Include any accessories, labels, or documentation supplied with the product; and
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Be securely packaged to prevent damage during return delivery.
The cost of returning a product will be the responsibility of the customer, unless the product is faulty, damaged, incorrect, or applicable law requires us to cover the return cost.
Once we receive and inspect the returned product, we will determine whether the return is eligible for a refund.
Approved refunds will normally be issued using the original payment method.
Refund processing times may vary depending on your bank or payment provider.
9. Pre-Booking Cancellation and Returns
Pre-booking orders are subject to the specific cancellation terms in Section 3 of these Terms.
If you voluntarily cancel a pre-booking order after paying the 10% deposit, the deposit will not be refunded, except where applicable law requires otherwise.
If the product is faulty, damaged, incorrectly supplied, or otherwise does not conform to applicable legal requirements, you may have additional legal rights to a repair, replacement, price reduction, or refund.
Nothing in these Terms is intended to remove or restrict any mandatory consumer rights that apply to you.
10. Faulty, Damaged, or Incorrect Products
If you receive a product that is faulty, damaged, defective, or different from the product you ordered, please contact us as soon as reasonably possible.
We may ask you to provide photographs, videos, or other information to help us investigate the issue.
Depending on the circumstances and applicable law, we may offer:
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A repair;
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A replacement;
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A partial refund;
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A full refund; or
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Another legally appropriate remedy.
Our remedies will be provided in accordance with applicable consumer protection laws.
11. Intellectual Property
All content on our website, including but not limited to:
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Logos;
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Brand names;
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Text;
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Product images;
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Photographs;
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Graphics;
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Designs;
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Videos; and
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Other website materials
is owned by or licensed to Malayali Markt, unless otherwise stated.
You may view and use our website for personal and lawful purposes only.
You must not reproduce, copy, distribute, modify, publish, or commercially exploit our content without our prior written permission.
12. Third-Party Services
Our website and ordering process may use third-party services, including payment processors, delivery providers, hosting services, analytics providers, WhatsApp, and other technology providers.
These third-party services may have their own terms and privacy policies.
We are not responsible for the content, policies, availability, or operation of third-party websites or services that we do not control.
13. Website Availability
We aim to keep our website available and operating properly, but we do not guarantee that the website will always be available, uninterrupted, secure, or free from errors.
We may temporarily suspend or restrict access to the website for maintenance, security updates, technical issues, or other operational reasons.
14. Limitation of Liability
To the fullest extent permitted by applicable law, we will not be liable for losses that:
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Were not reasonably foreseeable;
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Were not caused by our breach of these Terms;
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Result from circumstances outside our reasonable control; or
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Arise from your misuse of our website or products.
Nothing in these Terms excludes or limits any liability that cannot legally be excluded or limited.
Nothing in these Terms affects your statutory rights as a consumer.
15. Events Outside Our Control
We will not be responsible for failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control.
Such circumstances may include, but are not limited to:
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Natural disasters;
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War or civil unrest;
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Government restrictions;
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Pandemics or public health emergencies;
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Strikes;
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Transportation disruptions;
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Supplier or manufacturer failures;
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Customs delays;
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Internet or telecommunications failures; or
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Other events outside our reasonable control.
Where such an event affects your order, we will make reasonable efforts to notify you and provide an updated timeframe where possible.
16. Privacy
We collect and process personal information in accordance with our Privacy Policy.
By using our website, communicating with us through WhatsApp, and placing an order, you acknowledge that your personal information may be collected and processed for purposes including:
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Processing and fulfilling your order;
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Processing payments;
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Arranging delivery;
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Providing customer support;
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Managing returns and refunds; and
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Complying with legal obligations.
Please review our Privacy Policy for further information about how we handle your personal information.
17. Changes to These Terms
We may update these Terms & Conditions from time to time.
When we make changes, we will update the "Last updated" date at the top of this page.
The Terms that apply to an order will generally be the version in effect at the time your order is confirmed, unless a change is required by law or applies to an ongoing arrangement.
18. Governing Law
These Terms & Conditions are governed by the laws of Germany.
Any disputes arising in connection with these Terms will be subject to the jurisdiction of the courts of Pankow, except where applicable consumer protection law provides otherwise.
If you are a consumer, you may also have rights under the mandatory consumer protection laws of the country in which you live.
19. Contact Us
If you have any questions about these Terms & Conditions, our products, your order, or our pre-booking policy, please contact us through our official communication channels.
Malayali Markt
WhatsApp: +491771393397
Email: sales.malayalitraders@gmail.com
We will be happy to assist you with any questions or concerns regarding your order.
By placing an order or pre-booking a product through our WhatsApp ordering process, you confirm that you have read and understood these Terms & Conditions and agree to be bound by them, subject to your applicable statutory consumer rights.