Checkout

that may occur in the state of the goods or the packaging must be indicated on the delivery note that is

signed to the carrier, and the MERCHANT customer service team must be informed of said incident by e-
mail to the e-mail address indicated in the “Contact and Notifications” section within a maximum period of

12 hours from receipt of the package. If the package shows significant damage which could have caused
the product to be damaged, it must be rejected and the MERCHANT must be notified immediately.
2. RETURN OF GOODS The customer will have a period of no more than 12 hours from receipt of the
product to send to The MERCHANT any claim in relation to the product supplied. After this period the
products will be considered as compliant by the customer. The claim must be made via the e-mail address
stipulated in the “Contact and Notifications” section. The Store is not responsible and reserves the right to
refuse possible returns in case of goods in poor condition due to improper use or transport damage by the
USER. The shipping costs for the return of ONE order shall be borne by the customer.
3.- DELIVERY SCHEDULES: The schedules for managing your purchase through the Website are Lunes a
Domingo from 00:00 am to 11:30 pm, understanding that this process involves the reception of the order
in the system, verification of payment, request for dispatch in the warehouse, invoicing, packaging,
creation of the waybill and delivery. The Merchant makes deliveries in accordance with the operating and
delivery schedules established by the companies in charge of the delivery service. The customer accepts
that he/she must have a person to receive his/her purchase at the delivery address provided. The
customer accepts that if their purchase order has been registered outside the hours of receipt of
purchases, it will be shipped in the next immediately available time range.
IMPORTANT: Purchase orders placed online after hours or on national holidays will be processed on the
next immediately following business day.
Service Policy
These Policies are valid for the The MERCHANT Website and it is understood that when purchasing any of
our products or services the customer accepts the service policies specified below.
1.- RECEPTION OF THE SERVICE: Once the service has been sent and processed through our website, we
will accept cancellations of any purchase order within 12 hours of the order being placed, as long as we
have not proceeded with the invoicing and provision of the service. In this case, the customer must
request a refund or cancellation of the payment, in order to proceed with the refund, using the payment
method used to make the same, or the one agreed with The MERCHANT, provided that it complies with the
conditions explained above. To cancel your purchase order or any of the services of the same, the
customer must contact us through the Customer Service Centre, at the email address indicated in the
“Contact and Notifications” section of this contract.
General Policy
1.- PAYMENT: The customer agrees to pay / settle / cancel the purchase order placed via the Website in
full. The type of payment will be selected at check out, and options may include payment by credit card,
Transfer (Otros) and/or PayPal.
2.- ORDER POLICIES: The customer must provide full details of the recipient’s address. The MERCHANT
reserves the right not to deliver information to the customer in case he/she has provided partial or
misleading information about his/her identity.
DELIVERY POLICIES: The MERCHANT delivers nationally and internationally, subject to the availability of
delivery determined by The MERCHANT, applying restrictions related to the location provided by the
customer that makes delivery difficult or impossible. The customer is obliged to provide the necessary
information of the recipient to effect the delivery of the ordered product(s). Any error or lack of information
in this regard shall be the sole responsibility of the customer. The estimated delivery time will depend on
the service contracted and the place of delivery.
4.- CANCELLATIONS: Once the Purchase Order has been sent and processed through our website,
cancellations of any purchase order will be accepted within 12 hours of being requested, as long as the
billing and dispatch of the same has not been carried out. In this case, the customer must request a
refund or cancellation of the payment through the Customer Service, using the means of contact in the
“Contact and Notifications” section.
5.- LIMITATION AND LIABILITY: Use of online banking without the owner’s authorization or credentials. We
are not responsible for purchases made using credit cards without prior authorization from the owner or
for the use of stolen credentials; it being understood that the person making the purchase is fully
authorized to carry out the transaction and that, therefore, we cannot refuse to process it. Conducting
2

transactions over the internet without the prior consent of the owner constitutes fraud which is punishable
by applicable law.
We do not accept, under any circumstances, any payment not acknowledged by the customer due to lack
of knowledge of the method of payment or disagreement with delivery. The fact of establishing a claim
with the bank, not knowing your purchase, implies a suspicion of potential fraud, so that with the
information of the order, signature of receipt of the order by the recipient, will have sufficient evidence to
support the claim to be filed. It is therefore of vital importance that the customer always contacts us to
clarify any point.
6.- CONSUMER PROTECTION: We are committed to abide by the provisions of the Consumer Protection
and Defense Law and the guidelines regarding Privacy Policy.
7.- NOT FORESEEABLE: Any situation not foreseen in these policies will be resolved by our Customer
Service. At all times will be verified under the philosophy of maximum customer satisfaction, compliance
with our agreements, with the understanding that there will be external agents to us that will prevent us
from fulfilling our purpose.
8.- INFORMATION SECURITY: The transfer of personal data and the integrity of the Website is protected by
using SSL (Secure Sockets Layer) encryption technology as a secure channel in the transactions you
make.
9. AVAILABILITY AND PRICES: Prices are expressed in US Dollar USD 840. They may also be subject to
change without prior notice. The MERCHANT ensures the availability of the products and services shown
on the website. Should a situation of unavailability arise, The MERCHANT will promptly inform its
customers, via email, of this situation beyond our control, indicating the reason why the service cannot be
delivered within the estimated delivery time.
10. CONFIDENTIALITY: The data provided by the User will be considered confidential and of limited use by
the Website, according to the terms and conditions herein.
However, The MERCHANT may share or transfer the data provided by the User with companies related to
The MERCHANT and/or third parties, in order to perform its obligations and offer its services to the User.
The MERCHANT may disclose such information in the following cases: (a) if required by a judicial or
administrative authority; (b) if necessary in order to exercise its rights under the Terms and Conditions; (c)
if such data is useful for the protection of the rights of third parties; and/or (d) when useful for the
protection of the rights, property or safety of The MERCHANT, persons related to it, employees, Users or
the general public.
Intellectual and industrial property
a) The Website and its contents, including designs, texts, graphics, logos, icons, buttons, source code,
images, videos, and data compilations, as well as the software, trade names, trademarks, works,
illustrations, photographs or industrial drawings and any other signs susceptible of industrial and
commercial use (i) are the property and ownership of The MERCHANT and/or third party owners of the
same who have duly authorized their inclusion on the Website and (ii) are protected by national and
international legislation on intellectual and industrial property.
b) Under no circumstances shall it be understood that The MERCHANT grants any license or waives,
transmits, totally or partially transfers said rights, nor does it confer any right or expectation of rights, and
in particular, of alteration, transformation, exploitation, reproduction, distribution or public communication
of said content without the prior express and written authorization of The MERCHANT from the
corresponding owners.
c) The graphic materials, logos, page headers, advertising phrases, button icons, written text and service
names that are the property of The MERCHANT may not be used in connection with any product or service
that may cause confusion among customers or users and in any manner that discredits The MERCHANT.
d) Other trademarks not owned by The MERCHANT that appear on this Website belong to their respective
owners, as The MERCHANT respects the intellectual property of others.
e) No product, image or sound may be reproduced, duplicated, copied, sold, resold, visited or exploited for
any purpose, in whole or in part, without the prior written consent of The MERCHANT, likewise all
information contained in this website is exclusively for the personal use of the customer or user and it
3

may not be copied, modified, reproduced, in whole or in part, sold, published or distributed for commercial
purposes or otherwise. It is not permitted to use this website to promote for any commercial purpose,
including any advertising or revenue generating activity on websites other than this one.
User Obligations
In general, Users must always act in accordance with the law, good customs and the requirements of good
faith, using due diligence and refraining from using the Website in any way that may impede, damage or
deteriorate the normal operation of the Website, the property or rights of The MERCHANT, its suppliers,
other users or any third party in general.
Specifically, and without this implying any restriction to the previous section, during the use of the Website,
the User is obliged to:
a) Provide truthful information about the data requested on the order form.
b) Not to enter, store or disseminate on or from the Website any information or material that is diffamatori,
offensive, obscene, threatening, xenophobic, incites violence, discrimination on grounds of race, sex,
ideology, religion or that in any way violates morality, public order, fundamental rights, public freedoms,
honour, privacy or the image of third parties and, in general, current legislation.
c) Not to introduce, store or disseminate through the Website any program, data, virus, code or any other
electronic or physical device that may cause damage to the Website, to any of the services, or to any of
the equipment, systems or networks of The MERCHANT, of any other user, of the suppliers of The
MERCHANT or, in general, to any third party.
d) Not to carry out advertising or commercial exploitation activities through the Website, and not to use its
contents and information to send advertising, or to send messages for any other commercial purpose, or
to collect or store personal data of third parties.
e) Not to use false identities, nor to impersonate the identity of others in the use of the Website or in the
use of any of its services, including the use of passwords or access codes of third parties or in any other
way.
f) Not to destroy, alter, use for any other purpose, render useless or damage the data, information,
programs or electronic documents of The MERCHANT, our suppliers or third parties.
g) Not to introduce, store or disseminate through the Website any content that infringes the intellectual or
industrial property rights or business secrets of third parties, or in general any content of which it does not
hold, in accordance with the law, the right to make it available to third parties.
Applicable law and competent jurisdiction
The conditions of use of the Website are subject to the legislation of Jamaica and any disputes arising
from the same shall be resolved before the Courts and Tribunals of Jamaica, which shall have sole and
exclusive jurisdiction over any other forum.
Contact and Notifications
a) Notifications to The MERCHANT:
For any questions or incidents with the use of the Website, or a purchase you should contact:
By telephone: (876) 5023633
By email: mallappstoreorder@gmail.com
By post: Dirección 1: 1C Grant Crescent
Ciudad: Kingston 10
Estado / Provincia: Kingston
Código Postal: KN10
, Jamaica.
A notification, or any other type of communication to The MERCHANT will only be considered to have been
validly sent when it is sent to the above email address.

4

b) Notifications to the User:
A notification, or any other type of communication, made to the User, shall be considered to have been
validly sent when it is addressed to a virtual address that has been provided by the User or from which the
User operates.