Terms And Conditions
PLEASE READ CAREFULLY BEFORE SUBMITTING YOUR ORDER FOR PURCHASE. BY ACCESSING AND USING THIS WEBSITE SERVICE, OR SUBMITTING AN ORDER FOR PURCHASE, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS OF SALE SET FORTH HEREIN. THESE TERMS OF SALE FORM PART OF YOUR ORDER AND PURCHASE.
(MAHALKUM) is not the seller or inventory holder, it’s an intermediary to the best online stores. Future Point uses (MAHALKUM) Services in order to sell products and services in Iraq under the MAHALKUM brand name through an Electronic Commerce Website. Future Point is an Iraqi corporation that has legal rights to the MAHALKUM website with its offices at (Baghdad, Iraq); (MAHALKUM) enables brand specific market representation by a number of brands, contracted agents, affiliates, brokers, and country partners offering the related Services (hereinafter individually and collectively referred to as “Company”). All rights, responsibilities and obligations are entered into with Company as defined under the following Terms and Conditions.
Company offers Services to enable your e-commerce experience in Iraq. Services, include, but are not limited to, websites and intermediation to buy products, transportation and delivery of orders, and shipments to your destination through an all-inclusive price via the MAHALKUM Website (the “Website”).
Your account and account details
You may only use the Website if you are at least 18 years of age and can enter into binding contracts (The Website is not available for use by minors), and by using the Website you acknowledge that you are at least 18 years of age and are able to enter into a binding contract. You are responsible for maintaining the secrecy of your passwords, login and account information if provided by the Company. You will be financially responsible for all uses of the Website anyone using your username, password, or other login information, as applicable. If you (“Customer”) are under the age of majority, you may use Company Services only with the involvement of a parent or guardian, and all Shipments must arrive to the name of a person of age of majority. Company does not discriminate based on race, ethnicity, nationality, religion, gender, gender identity, sexual orientation or based on age of anyone over the age of majority
Communicating with Company
When communicating with Company electronically including but not limited to sending messages, using the chat function, via the Website or using the mobile app, you are consenting to receive communications from Company. Furthermore, you agree that all agreements, notices, disclosures provided to you electronically satisfy any legal requirements that such communications be in writing.
Company complies with all applicable laws to provide MAHALKUM Services in Iraq. You agree to provide Company with accurate legal information with respect to your Account and payment information as applicable. You, the Customer, also agree and accept:
- That in the event, for example of high value items, local laws may require further documentary evidence for import. In this event, if requested, you agree to provide two (2) forms of identification including one (1) picture identification.
- That Company abides by all generally accepted International safety regulations in the processing and preparation of material for transportation by air, including the transportation of Dangerous Goods.
That Company secures any required additional permissions or permits as determined by legislation for import of particular items and pays additional duties as required by destination country local laws.
When purchasing through Company you are directly contracting for MAHALKUM Services through Company, an entity operating and existing under the laws of Iraq. MAHALKUM is not the seller of record; MAHALKUM provides intermediary transaction services placing an “Order” or “Orders” on Customers behalf. Credit card, debit card and PayPal Orders are calculated and paid in US dollars with display in local currency for your convenience. All orders via Customer wallet or gift cards are charged in local currency against the displayed local currency presented at checkout. All charges are in U.S. dollars unless otherwise stated. If a payment requires a currency conversion, the exchange rate will be determined at the time Company processes the payment and completes the transaction.
Any Order may be cancelled at Company’s sole discretion. Any cancelled Order will be refunded via the payment option specified which includes a direct refund to the payment option method or MAHALKUM gift card as specified solely at Company discretion. Order cancellations are notified via e-mail.
Additional Customer Information
When an order is received, additional information or documentation may be required to confirm your identity, address, and payment method. Requested documents may include picture of Government issued IDs and Credit Cards (last 4 digits visible). In case you do not reply to our request, Company, at its sole discretion, reserves the right to cancel the order.
Company endeavors to comply with Country specific restrictions related to the import of products. Restricted Items cannot be ordered, and Company reserve the right to cancel any such orders, at their sole discretion.
Company presented Online stores and Products
The list of Electronic Commerce websites presented by Company and to which Company provides services is subject to change at the sole discretion of Company. Furthermore, Company cannot finalize Orders subsidized by another entity, or requiring a subscription to achieve the posted price. Company does not purchase any digital or downloadable item from stores, including but not limited to, music, audio, or e-book, subscriptions or video games.
Add to Quote Service
Add to Quote Service is provided at Company’s discretion enabling customers to identify products not presented as part of the standard search. In this event, customers may paste the link of the product from the target website and Company will provide a quote within one working day. Quotations are valid for 72 hours.
The price for quoted items is calculated in US dollars and may be displayed in local currency for convenience. All charges to credit cards, debit cards and PayPal are in U.S. Dollars unless otherwise stated. Charges for Customer wallet and gift cards, where available, are made in local currency as per the displayed local currency presented for convenience. If a payment requires a currency conversion, the exchange rate will be determined at the time MAHALKUM Services processes the payment and completes the transaction.
Company reserves the right, with or without prior notice, at its sole discretion, to:
- • Prevent users from making or completing any or all transactions,
- • Discontinue or limit the availability of any product or service,
- • Set guidelines for compliance of any coupon, code, promotional code or similar promotions, and in the event of dispute, Company’s determination is final.
- • If Company successfully purchases a quoted order for less than Customer was able to find it, Company receives the benefit of that difference in price for the same item.
A received request does not mean that it has been accepted or dispatched, or that the price or availability of product is confirmed. Despite Company best reasonable efforts, to establish and present accurately on its website, market conditions exist that are beyond its control, including but not limited to erroneous supplier pricing and descriptions, out-of-stock or back-ordered merchandise, delays in updating websites, product feeds, special offers, promotions and advertisements from other websites. Therefore, Company does not guarantee, the accuracy or integrity of information presented on its website, including prices, product images, specifications, availability and services. Company reserves the right to change or update information and correct errors, inaccuracies or omissions at any time, without prior notice.
Online stores generally provide a unique order number which, when provided, is used by Company as a tracking number for individual packages (“Shipment”). This is used as a unique tracking number used to track every item in your order. Company is not liable in the event the necessary unique order number is not provided to Company and Company is unable to provide tracking information however caused.
Company offers a per-item service and does not offer consolidation service whereby multiple Shipments are combined into a single Shipment.
Company uses logistics and freight forwarding partners to transport Shipments from origin country. Different or the same partners may be used at the destination country to complete customs handling and last mile delivery. These services are charged per the pricing table published by Company.
Charges are included in the all-inclusive price presented at checkout for the Order. Purchases completed through Company services include all Duties & Taxes as applicable.
Local rules for Duties are normally calculated by assuming total product cost plus shipment (freight) cost and insurance referred to as CIF (Cost for Insurance and Freight). When this value is below a certain level the shipment is informal and Company will complete all required steps with local customs. When CIF exceeds the “informal” amount the Company may require further information to be submitted, enabling all requirements regarding permits to be processed, permissions and tax exemptions filed including authorization from the Customer before clearing customs according to legislation in destination country.
Company is not responsible for any additional charges levied by financial institutions or payment platforms selected by the Customer to purchase MAHALKUM Services. This includes, but is not limited to, interest charged by credit cards on Orders placed through Company or any fees or charges applied by the payment platform for international transactions or currency conversion.
Coupons and Promotions
From time to time, Company may offer promotions with specific terms and conditions, at its sole discretion.
Each promotion, unless otherwise identified by the Company, is limited to one per person, user account, per household and per address. Multiple use of single coupons or promotions by a Customer, either through duplication of Orders or Accounts may be cancelled immediately at Company sole discretion. Coupons and promotions may not be applied in combination with other promotional credits or coupons; coupons are non-transferable, non-negotiable, and non-exchangeable for cash or goods or services, and will only be applied to one Account on behalf of the Customer.
Company may immediately suspend any coupon/promotion, without incurring any liability, where there are fraudulent actions detected. Fraud includes, but is not limited to, alterations, substitutions, improper redemptions or any other irregularity that occur during the take place during the promotional period.
If, by chance or force of nature, Company temporarily or permanently suspends a coupon and/or promotion, Company will only be responsible for adequately communicating the circumstances, and you, the Customer, or any other participants, will be unable to claim any damage or detriment up to that point. Customer accepts and acknowledges that Company is not responsible and cannot be held liable for cancelled promotions or cancelled Orders resulting from fraudulent or illegal activities associated and agree by acceptance of these Terms and Conditions to hold Company harmless.
Warranty and Returns
Returns, Repurchasing & Claims of MAHALKUM Services is applicable in all MAHALKUM serviced zones unless expressly noted. All shipped goods (orders) of up to US$12,000 CIF are insured and liability is limited to this amount per order.
Coverage of Purchases
- • Purchases cannot be returned to Company while refunds can be made in special circumstances listed previously.
- • Purchase refunds can be made either to the Customer’s website account, or to the credit card or payment platform of the original Order.
- • Regardless of whether the Order was delivered to the customer at a store or on a delivery route, Refunds can only be processed according to published return and refund policy at Company locations.
Re-Purchases for Company Orders
- • All Repurchases are made via Company website, and thus only apply in the country where Company’s services are available.
- • Repurchases must be items that are similar in nature to the original Order
- • All claims for damaged or partially missing shipments must be made via Company. Claims for lost items can be submitted via a customer service channel. The Customer may opt to have Company Repurchase the Shipment in available areas.
All content, produced, published, included in or made available through MAHALKUM Services, such as text, graphics, logos, icons, images, audio clips, digital download and data collection is property of Company and its content vendors are protected by the internal and international copyright laws.
Graphics, logos, headers, button icons, scripts and service names included in or available through MAHALKUM Services are trademarks or commercial images of Company in Iraq, as well as in other countries. MAHALKUM trademarks and brand images may not be used in connection with any product or service other than that of MAHALKUM Services, in such a way that confusion among customers may be caused, or that MAHALKUM Services may be undervalued or discredited. All other commercial brands that do not belong to Company, featured in MAHALKUM Services, are property of their respective owners, who may or may not be affiliated, connected or sponsored by Company.
Licenses and Accesses
Subject to the compliance with the Terms and Conditions herein and payment of applicable rates, Company or its vendors of content grant a limited, non-exclusive, non-transferable and non-sub licensable right to access and make personal, but not commercial, use of Mahalkum Services. This license does not include or allow for any resale or commercial use of the MAHALKUM Service, its content, any collection or use of any lists of product descriptions and prices, any user derived from a service or its content, any download or copy of account information, for the benefit of another merchant; or the use of data mining, robots or similar programs used to compile information, extract data or reverse engineer any systems or processes.
All rights not expressly granted in these Terms and Conditions are reserved and retained by Company. No MAHALKUM Service, nor any part of MAHALKUM Services, may be reproduced, duplicated, copied, sold, resold or exploited for any commercial purposes without expressed and written consent from Company. You may not frame or use framing techniques to attach any brand, logo or any other information (including images, test, website design or form) without expressed and written consent from Company. You may not use any meta tags or any other hidden text using the MAHALKUM name or commercial brands without expressed and written consent from Company. You may not abuse MAHALKUM Services. You may use MAHALKUM Services only as permitted by law. Licenses granted by Company will be revoked if you do not comply with these Terms and Conditions.
Exclusions of Warranties and Limitations of Liability
MAHALKUM Services and all other information, content, material, products (including the Website and software) and other Services included and/or made available to you through MAHALKUM Services, are offered “as is” and “as per availability” unless indicated otherwise in writing. Company does not provide any representation or guarantee, expressly or implicitly, regarding the operation of MAHALKUM Services or the information, content materials, products (including the Website and software) or any other materials made available through MAHALKUM Services, unless indicated otherwise in writing. Customer expressly accepts that the use of MAHALKUM Services is your sole risk.
To the full extent permissible by applicable law, applicable law, Company disclaims all warranties, express or implied, including, but not limited to, implied warranties or merchantability and fitness for a particular purpose, Company does not warrant that the MAHALKUM Services, information content, materials, products (including software) or other services including on or otherwise made available to you through the MAHALKUM Services, Company’s servers or electronic communications sent from COmpany are free of viruses or other harmful components. Company will not be liable for any damages of any kind arising from the use of any online store, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through MAHALKUM Services, including, but not limited to direct, indirect, incidental, punitive, and consequential damages unless otherwise specified in writing.
Company endeavors to provide a highly satisfactory customer experience. If you are not able to satisfactorily resolve a situation, please contact us via the mahalkum.co website /CONTACT-US.
Arbitration. You agree that any dispute, claim or controversy, or any dispute, claim or controversy arising out of or relating to any interpretation, construction, performance or breach of these Terms and Conditions, shall be settled by arbitration to be held in Iraq in accordance with the rules then in effect of the Iraqi law. The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's decision in any court having jurisdiction. The Company and you shall each pay one-half of the costs and expenses of such arbitration. And you and the Company expressly waive trial by jury and right to participate in class action lawsuits or class-wide arbitration.
Company reserves the right to refuse service, terminate account, remove or edit content, or cancel orders at its sole discretion. If an account is suspected of fraudulent, unethical or illegal activity, including but not limited to, through stolen identities, credit cards, or falsifying documentation, Company will report the Customer and/or Account Holder to the corresponding authorities. Company reserves the right to provide account information, user information, and packages to the Authorities, original Shipper, or other involved party at Company’s sole discretion.
You may terminate MAHALKUM Services OR e-Commerce Website Account ceasing to use MAHALKUM Services at any time.
Changes to Terms of Service
THE COMPANY RESERVES THE RIGHT TO CHANGE THESE TERMS OF SERVICE FROM TIME TO TIME. SUCH CHANGES WILL BECOME EFFECTIVE WHEN THE COMPANY POSTS THE REVISED TERMS OF SERVICE AS PART OF THIS WEBSITE. THE MOST CURRENT VERSION OF THE TERMS OF SERVICE CAN BE REVIEWED BY CLICKING ON THE “TERMS OF SERVICE” HYPERTEXT LINK LOCATED IN THE HOME PAGE FOR THE WEBSITE. CUSTOMERS SHOULD CHECK THE TERMS OF SERVICE FROM TIME TO TIME, AS THEY ARE BOUND BY THE TERMS OF SALE SO POSTED FROM AND AFTER THE TIME THE CHANGES ARE POSTED. ANY REVISED TERMS OF SERVICE SHALL SUPERSEDE ALL PREVIOUS VERSIONS