TERMS AND CONDITIONS FOR THE SALE OF GOODS
Last updated on: 10th. February 2021
Hi. Thank you for visiting. MalaLala is based in the UK but I do travel and work all over the EU. Items can take up to 5 days to dispatch as not only do I run an Etsy shop but I also work in the community spinning out positive vibes with healing arts work. At MalaLalaUK all items are created and delivered with LOVE and care :)
CONDITIONS OF USE - MALALALAUK ETSY SHOP
Run by Cara Amirah
(trading as MalaLalaUK and Cara Amirah, formerly Studio Amirah)
MalalalaUK Etsy Shop
MalalalaUK Travelling Shop
MalaLalaUK (and its associates) sell products to you subject to the following conditions. When you visit my shop you accept these conditions. Please read them carefully.
If you are receiving services from Cara Amirah, in the first instance please refer to Cara Amirah’s Terms and Conditions of Service.
GREEN, ETHICAL AND FAIR TRADE STATEMENT
MalaLalaUK aims to sell ethically sourced, fair traded and cruelty-free items wherever possible* with as little impact as possible to the environment. No warranty is made that all items will match this description, but MalaLalaUK endeavours to ensure that, where possible, items sold match this ethos. MalaLalaUK makes a monthly regular donation to TreeSisters which helps re-forest Gaia’s green belt, helping climate change and off-setting carbon emissions. MalaLalaUK recycles and re-uses packaging wherever possible and avoid single use plastics.
MalaLalaUK has a simple approach to privacy that closely follows Etsy Policy and adheres to UK data protection laws: your details will only be used with your full consent for the purposes you have agreed to, will only be used to fulfil your order. You can request to join the mailing mist by visiting www.cara-amirah.co.uk .
You understand that as part of the delivery process, we may have to pass your details on to Royal Mail and other contractors. You also agree for your details to be used in any cases of non delivery and will be sent to the postal service to investigate non-delivery of your item (in the case MalalalaUK requires to make a claim for lost or non-delivered items), including your name, address, postcode, email, telephone number and the item you have purchased. This is required by law in order to reduce postal fraud
When you contact MalaLalaUK on either Etsy or online (email, Facebook etc), you give your permission for MalaLalaUK to respond using the message service within whichever platform you have contacted me on ie: Etsy, facebook, email etc. For sales in Etsy, please only use the Etsy messaging service.
All content included in the MalaLalaUK ShopMalaLalaUK, such as photographs, text, graphics, logos, images, audio clips, digital downloads and data compilations, is the property of Cara Amirah trading as MalaLalaUK and is protected by UK and international copyright laws. All products are for non-commercial only and shall not be re-sold or commercially-exploited. You may not re-produce, re-publish, copy, duplicate or (except for non-commercial purposes) otherwise use this content without the express prior written consent of Cara Amirah.
DELIVERY OF ITEMS
All items purchased from MalaLalaUK are sent by tracked and or signed-tracked for delivery through Royal Mail (or other equivalent postal or courier services). We always use providers who can track delivery for us.
On or before dispatch of your item, we will provide you with a provisional delivery date. This is only an indicative date as the exact date of delivery is outside our control. You should allow up to two weeks for delivery of your item (or three weeks for customers outside the UK). These timescales will be extended if we first have to make your item, in which case we will let you know.
Risk in the goods shall pass on dispatch of the item to you. You should inform us immediately in the event that your product has not arrived within ten (10) calendar days of the provisional delivery date. Once the ten (10) day period has elapsed, we will deem the item to have been delivered successfully, all items are trackable and traceable through www.royalmail.com the postal service provider (unless otherwise stated)
In the event you report an undelivered item, we will investigate. If you were unable or unavailable to sign for the item, then any further delivery attempts will be at your expense and we will invoice you and require prior payment before attempting re-delivery.
In the unlikely event of loss of items through the postal service or courier, and provided you have notified us promptly through the correct message service, we will endeavour to replace and re-send the same or an equivalent item to you provided we are reasonably satisfied that the item has been lost prior to delivery or refund you accordingly. Please note that refunds or replacements due to lost mail may take up to eight (8) weeks for us to process from the date you notify the problem to us. This is because we rely on the postal service provider’s agreement that the item is in fact lost. Please be patient during this time as these situations are out of the hands of MalaLalaUK. Once satisfactory confirmation an item has been lost has been received by us, then your refund will be issued within seven (7) days of this confirmation.
ADDITIONAL DELIVERY CHARGES You agree to pay any import duties, tax or charges and agree to check any extra import costs that could be applied and issued before you purchase from MalalalaUK.
MalaLalaUK attempts to be as accurate as possible in the descriptions of products, the photos are a part of this description, please check them fully and ask questions before you purchase your item. However, MalaLalaUK does not warrant that product descriptions or other content of the MalaLalaUK shop is accurate, complete, reliable, current, or error-free. If a product offered by MalaLalaUK is not as described, your sole remedy is to return it in unused condition for a refund.
GIFTS If you are purchasing an item as a GIFT for another person (3rd party) it is your full responsibility as the purchaser to ensure the person (giftee) in receipt of the gift is aware of full care instructions, usage and Terms & Conditions of the item you are gifting and this is not the responsibility of MalalalaUK.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
All items are subject to availability and, except to the extent required by law, MalaLalaUK makes no representations or warranties of any kind, express or implied, as to the products sold and included in the MalaLalaUK shop. You expressly agree that your use of all products you purchase is at your risk, and you should rely on your own research as to the purpose, function and utility of the products you buy from MalaLalaUK.
UNIQUE ITEMS While MalaLalaUK endeavours to accurately describe its products, variations in the specification of products, including size, shape and colour, should be expected due to the manufacturing process. Certain products, such as crystals, have their own natural uniqueness.
MALALALAUK WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ITS PRODUCTS OR FROM ANY OTHER ASPECT OF MALALALAUK’S DEALINGS WITH YOU.
OUR PRODUCTS SHOULD NOT BE INGESTED OR USED FOR INHALATION OR APPLIED DIRECTLY ON THE SKIN. OUR PRODUCTS ARE NOT SUITABLE FOR CHILDREN OR ANIMALS. OUR PRODUCTS ARE NOT TOYS.
INGESTION - IF ANY ITEM IS SOLD FOR INGESTION, YOU AGREE YOU HAVE CHECKED WITH MEDICAL PRACTITIONER OR HEALTHCARE PROFESSIONAL FOR ANY ALLEGERIES OR CONTRAINDICATIONS OF USE BEFORE YOU PURCHASE THE ITEM. IN ANY EVENT, WE ADVISE THAT NO SUCH PRODUCTS SHOULD BE PURCHASED WITHOUT FIRST CONSULTING A REGISTERED MEDICAL PRACTITIONER.
TAROT AND ORACLE CARDS & READINGS ARE FOR INFORMATIONAL AND RECREATIONAL ENTERTAINMENT PURPOSES ONLY AND ARE NOT IN AND OF THEMSELVES INTENDED TO BE HEALING OR THERAPEUTIC ACTIVITIES. ANY OUTCOME, GUIDANCE OR ADVICE THAT MAY INCIDENTALLY ARISE FROM USE OF THESE PRODUCTS SHOULD NOT BE RELIED ON
TRAINING AND HEALING WHEN YOU TAKE A TRAINING COURSE OR HEALING SESSION ONLINE OR INPERSON WITH CARA AMIRAH YOU AGREE TO THE T&C AS STATED AT www.cara-amirah.co.uk
ALL COMBUSTABLE PRODUCTS (e.g.: INCENSE AND SAGE ARE USED ENTIRELY AT YOUR OWN RISK AND YOU SHOULD ALWAYS FOLLOW THE INSTRUCTIONS PROVIDED DURING USE AND IT IS RECOMMENDED THAT IF YOU ARE INEXPERIENCED, YOU SHOULD USE THESE PRODUCTS UNDER THE SUPERVISION OF A SUITABLY-QUALIFIED OR EXPERIENCED PRACTITIONER.
CHECK THE ITEM LISTING FOR FURTHER INFORMATION AND USAGE etc
WE MAKE NO CLAIM OR REPRESENTATION AS TO THE EFFICACY, UTILITY, FITNESS OR OUTCOME OF USING METAPHYSICAL PRODUCTS. IT IS RECOMMENDED YOU DO YOUR OWN RESEARCH AND SEEK MEDICAL OR PROFESSIONAL ADVICE PRIOR TO USING THESE PRODUCTS.
In the unlikely event that you are dissatisfied with a product we have supplied, please contact us in the first instance and we will endeavour to resolve the matter with you.
RETURNS & REFUNDS
Without prejudice to your statutory rights set out below, we offer refunds on items not fit for purpose or damaged. Where you request to return an item, please message us and we will try to offer a solution. MalaLalaUK is a small business and if for any reason you do need to return the item, the buyer pays return postage. Intimate items are exempt including massagers such as eggs & wands and other personal items including custom made items
MALALALAUK RESERVES THE RIGHT TO REQUIRE THAT YOU PRODUCE TO US FULL PHOTOGRAPHIC EVIDENCE BEFORE ACCEPTING THE RETURN.
There will be a returns handling fee of £5.00 that we will deduct from any refund.
At the discretion of MalaLalaUK, the return postage costs and/or the returns handling fee may be refunded to you if we are satisfied that the item is not fit for purpose or was damaged on delivery.
Your statutory rights
If you are dissatisfied with a product or you otherwise wish to return a product to us for any reason or no reason, then please contact us within fourteen (14) days of receipt. (EXEMPTIONS are applicable on intimate items that cannot be re-sold if returned as they may of been used)
If we cannot resolve the matter with you, then subject to the exceptions below, you will be entitled to a replacement item or refund, in which case you have a further fourteen (14) days to return the product to us for a refund or a replacement, as you wish. Please ensure the returned item is in the same condition as when it was delivered to you and that you return it to us by a secure method, such as signed/tracked delivery.
Once we have received the product from you, we will refund you or replace the item within a further fourteen (14) days (depending on what you have requested).
Exceptions IN PERSON SALES
If you buy from MalaLalaUK in person having viewed the item prior to purchase, you have no statutory right to return items unless there is a breach of a statutory warranty, and the statutory rights specified above will not apply, and unless there is such a breach, you are not entitled to a refund or replacement of the item. In those circumstances, any decision to refund you shall be entirely at our discretion.
PERSONALISED ITEMS Unless there is fault on our part, personalised and customised items, even if purchased from us online, cannot be returned or exchanged, nor will we refund you, due to the nature of those items. In our online shop, non-returnable and non-exchangeable items will be marked as such.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies, and these Terms and Conditions of Sale at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Email me at: cara.amirah [!at] rocketmail.com firstname.lastname@example.org
I accept Etsy payments only on Etsy
I accept Cash , Bank Transfer and PayPal in person
EXTRA CHARGES – IMPORT DUTY AND TAXES All taxes for goods may be subject to extra charges or import duty of which I am not liable; please check with your local country authority for further information.
MARKING ITEMS AS A GIFT If your item is a gift, you can request that it be marked as a gift after purchase (Mark as a ‘gift’ in the Etsy Cart).
POSTAGE OF YOUR ITEM For quality control, Your postal address will be DOUBLE CHECKED before posting to ensure it is sent to the correct address given at time of your online purchase. Please ensure you provide the correct postal address, as failure to do so will be at your expense. Any items that are undelivered are at your expense so please ensure you check for delivery and if your item is being held at a Postal Office, it is your responsibility to collect your item as any redeliveries will be at your extra cost of the item delivery price for tracked mail (which may be higher than the original postage you paid)
You will be sent a message to inform you that your item has been posted, but you will not be automatically sent a tracking number. This is to keep admin to a minimum as Cara is a Sole Trader and also works within the community. Heavy admin takes time and time is precious
DELAYS IN POSTAGE:
In RARE INSTANCES, UK and overseas airmail recorded postage can take longer than usual; this is due to over-land delays. I cannot be held responsible for any item that is delayed due to postal services either within the UK or overseas. Whilst the item is with the postal service, it is out of my control.
MISSING ITEMS Please aloow up to 6 weeks for delivery, upon non delivery MalalalaUK will claim for LOST ITEMS and will require to pass on your full details to the Postal service/courier to claim including your name, address, email and other relevant details.
REFUNDS AND RETURNS
A refund or exchange will only be issued once the item has been physically returned back to me, please be patient with this process as some returns can take a little while.
ADDITIONAL POLICIES AND FAQS
FAQS - GUARANTEE-WARRANT-ETHICS-FAIRTRADE STATEMENT
ETHICAL GUIDELINES & FAIR TRADE STATEMENT
MalaLalaUK tries to be as ethical as possible in sourcing its gemstones and Jewellery. It is just as important to me as it is to you to source items that I sell from as reputable sources and it is my aim to work with as many suppliers and wholesalers who have the following ethics:
- FAIR TRADE AND ETHICS Crystals at MalaLalaUK and at my traders are not registered as a Fair Trade Product, though I try to source gemstones from companies where they are created, treated and mined under ‘as ethical conditions as possible’. This means the workers work in a safe environment and receive a fair wage and that the natural environment is not heavily impacted by the mining (see below for more on environmental). Crystals sourced from India are more difficult to give fair trade status as they are often polished and worked on by outworkers in the home environment. It is tradition for fathers to pass on their skill to school age children in an informal family environment before they go on to practice the skill on leaving school and it is difficult to say with 100% certainty that no young person has ever touched a crystal during this process, however I am assured that it is certainly not common practice. Here I feel that I have to accept the customs of a culture which is different to ours, whilst maintaining trust by dealing with small companies that can give me a reasonable assurance that no one works against their will.
- ENVIRONMENT I work directly with traders who specialise trading directly from the mines involved in crystal mining, which vary from hand-collected specimens from both within the UK and globally, including gemstones collected from the surface (including in caves) and from small hand dug pits, to larger quarries that are still tiny compared with the massive quarries created by digging for building materials and other industrial uses. We all use these industrial minerals in our everyday lives and this has a huge impact on the environment compared to the mining of crystals.. Most of my wholesalers ship by sea to lessen the impact of air travel. Also MalaLalaUK aim to offset carbon footprints by donating to Treesisters to plant trees;they plant on average at least 15 trees a month through community projects globally
A FINAL NOTE
The trade of gemstones is as ancient as mankind itself, we have traded gemstones through global routes for centuries as they are so precious and beautiful it would be hard not to! And we all love the beauty and mystical metaphysics of gemstones to this day, their mesmerising appeal is within our DNA to love them. Gemstones were the first chemical structure to form on Earth, almost like the earth ‘gave birth to them first’ before plants, animals and humans.
I would like to state that the Earth’s ocean covers 70.9% of the earth’s surface, and the gemstones that are mined are from the remaining 29.1% of land mass, which leaves an amazing two thirds of the earths surface that remain full of gemstones underneath! I believe that at MalaLalaUK it is my aim to send consciously sourced and created gemstones and crystals around the globe to create a raised light vibration for all to benefit as we enter into a new phase of human existence
GUARANTEE AND WARRANTY
I do not offer a guarantee on any item especially crystals and gemstones as they are fragile and may often break naturally, all Items are sold as seen and most come with care instructions, please check all accurate details before you purchase :)
FREQUENTLY ASKED QUESTIONS
Some products will come with care instructions, this will be stated within the listing. If in doubt please research their best care as all breakages and damage are at your liability after purchase and THERE IS NO WARRANTY so your care will be paramount in ensuring longevity of your item(s)
JEWELLERY: Look after your purchase with LOVE.... Please remove jewellery if you are working, sleeping, bathing or swimming as natural gemstones and jewellery findings will last longer if not exposed to heavy wear or chemicals (including perfume and household chemicals such as personal and home cleaning products etc).
TINGSHA AND SINGING BOWLS: These items sound unique. I cannot guarantee a 'specific sound'. Please be aware of this when you order. All items may sound a pure, sharp or flat note. They are not tested for specific note. You can request a high or low tone. Please ask questions before you purchase and read the item description fully with all relevant information. All items that are a specific ‘pitch note’ at the time of testing were recorded as that pitch and it is not my liability if a pitch changes during transit.
CRYSTALS Treat with care! Fragile in nature! (Please treat like you would a fragile or glass item) avoid placing in direct sunlight as this may change the colour. Avoid water, some gemstones are toxic when exposed to water or moisture, and dyed gemstones may release the dye. To clean: Dust gently or clean with a soft damp cloth. You agree the descriptions are for entertainment purposes only'. If in doubt visit a health care professional, gemstones are not to be used as a medical substitute. You are responsible for research in how to care, store and look after gemstones once in your care and Cara Amirah does not have to provide this information. You agree you will research and take full responsibility for gemstones that are toxic and agree it is your responsibility to look after them accordingly and keep them safely stored away, especially from vulnerable children and pets.
WINDCHIMES AND RAINBOW MAKERS Windchimes / Rainbow makers / BaGua Mirrors: do not place in full sunlight as they may be a fire risk/hazard
MASSAGERS (EGGS/WANDS/BALLS) are sold as strictly not suitable for internal use, as yoni eggs can also be used for meditation purposes. Due to intimate nature of the following items (for massage purposes) they are Non returnable
NON RETURNABLE ITEMS Massager wands, eggs, gua sha, rollers, earrings, jewellery, herbs etc. All items and offers are subject to change including prices and descriptions.
CLAY ITEMS Do not immerse in water they are water resistant and are not 100% fully waterproof. Not dish washer safe. Clean gently with a soft damp cloth. Treat with care as they are fragile
NATURAL AND FEATHER ITEMS Please treat all feathers and natural items with care. All feathers have been treated with anti mite protection, thereafter it is your responsibility to ensure you keep away from any possible damage. Ensure you keep all items away from children and pets.
SIZING DETAILS Please read individual item descriptions for sizing. Sizes vary for each product
QUALITY CONTROL - Cara Amirah at MalaLalaUK hand-creates unique and individual items for you with care, ALL ITEMS ARE INSPECTED BEFORE THEY ARE WRAPPED carefully and sent to you, there may be ‘natural flaws’ these are a part of the character of these hand crafted items as stated in the description.
ETHICAL POLICY: I source as ethically and fair traded as possible, and whenever we can, locally and globally (please read full up to date statement, which is subject to change) you can at any time request a fully ethical and fair trade statement at email@example.com .
ENVIRONMENTAL POLICY: MalaLalaUK strives to be as Carbon Neutral as possible, and donates to plant over 30 trees-a-month at TreeSisters.
I re-cycle and re-use packaging to reduce the impact on unnecessary waste within the environment and ask you to recycle your packaging wherever possible.
PURCHASES – FESTIVAL SHOP AND ONLINE SHOP - from Cara Amirah (Cara Foulkes) and MalaLalaUK (both online at Etsy UK and also for sale at shows and events are not under ANY warranty due to the nature of these items being metaphysical and for personal use, all items are described and listed as correctly and accurately as possible. It is your responsibility to follow correct care procedures (please do your own research online as Cara Amirah is not able to advise you further), you are liable for your own actions and usage of items. You agree with faulty products to take up any complaints or law suits with the MANUFACTURERS. Any items that have a naked flame, do not leave unattended.
FIRE WARNING Any items for use with a naked flame, you agree to DO NOT LEAVE BURNING UNATTENDED and that you are fully responsible whilst using items that have a naked flame or burning herbs or incense, and agree to keep these away from children and pets.
INTIMATE USE - No product sold is suitable for internal use of any kind.
SKIN APPLICATION All items are not suitable for direct application to skin.
INGESTION No item is suitable for ingestion (unless stated that it is edible, and if so, you agree to check the ingredients fully before ingestion for allergies and agree to perform a full relevant allergy or patch test if required)
HERBAL - CACAO - HERBAL TEAS - PLANT MEDICINE CEREMONY - CBD PRODUCTS – You agree to check with you doctor or healthcare professional BEFORE YOU TAKE AND HERBAL OR CBD INTERNALLY, especially if you are on medication of any kind. Cara Amirah cannot recommend CACAO, HERBS OR CBD for anything and any advice is purely Cara's experience, thus it is up to you to check and research fully before you proceed with any ingestion, agreeing it is your responsibility to do you your own research fully before taking CACAO -HERBS - CBD, and also follow the manufacturers guidelines (if applicable). You agree to take up any lawsuit directly with the manufacturer of the CBD - HERBS - CACAO upon purchase. It is your responsibility to check if CBD OR HERBS are legal in countries you will be travelling to as each country has different laws and these may be subject to change
PHOTOS – IMAGES You agree Cara Foulkes (Cara Amirah) has full copyright to all photos taken at events and gatherings and you give your full consent for their use online
The content of this online shop is PROPERTY OF CARA AMIRAH (CARA FOULKES) and is not to be used in full or part unless you have full permission from Cara Foulkes.