Terms of Service

Welcome to MALCOLM JOSEPHAT LLC ("Company," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our website located at malcolmjosephat.com (the "Site"), as well as any products, services, and custom designs offered through the Site.

By accessing our Site or placing an order, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our Site.

1. Eligibility

You must be at least 18 years old or have the permission of a parent or legal guardian to use this Site. By using our Site, you represent that you have the legal capacity to enter into a binding agreement.

2. Products & Orders

MALCOLM JOSEPHAT offers a combination of custom-made designs, ready-to-purchase furniture, bedding, home décor, and other home goods.

While we strive to display our products as accurately as possible, colors, textures, finishes, dimensions, and materials may vary slightly due to lighting, screen settings, manufacturing processes, and the natural characteristics of certain materials.

Custom products are manufactured according to customer-selected specifications and may include choices such as size, finish, upholstery,colour,      fabric, or other personalized features. Because these items are made specifically for you, they may not be eligible for cancellation, return, or exchange once production has begun.

Ready-to-ship products are subject to availability and may be discontinued or modified without notice.

We reserve the right to refuse or cancel any order at our discretion, including orders affected by pricing errors, inventory discrepancies, suspected fraud, or other unforeseen circumstances

3. Pricing

All prices are listed in U.S. Dollars (USD).

We reserve the right to:

  • Modify prices without prior notice.

  • Correct pricing errors.

  • Cancel orders resulting from pricing inaccuracies.

Applicable taxes, shipping charges, installation fees, or other charges will be calculated during checkout where applicable.

4. Payments

Payment methods accepted on our Site are displayed during checkout.

By submitting payment information, you represent that:

  • You are authorized to use the payment method.

  • The information provided is accurate.

  • You authorize us to charge the total purchase amount.

Orders may be canceled if payment cannot be verified.

5. Production & Lead Times

Estimated production and delivery times are provided for planning purposes only.

While we strive to meet estimated timelines, delays may occur due to:

  • Material availability

  • Supplier delays

  • Weather

  • Shipping disruptions

  • High order volume

  • Circumstances beyond our reasonable control

Estimated dates are not guaranteed

6. Shipping & Delivery

Delivery methods vary depending on the product and destination.

Customers are responsible for:

  • Providing accurate shipping information.

  • Ensuring safe and reasonable delivery access.

  • Inspecting products upon delivery.

Risk of loss transfers to the customer once products are delivered to the shipping carrier or successfully delivered to the designated address.

7. Returns, Exchanges & Cancellations

Our return policy varies depending on the type of product purchased.

Custom and Personalized Products
Because custom furniture and personalized products are made specifically to customer specifications, these items are generally non-refundable and non-returnable unless they arrive damaged, defective, or materially different from the approved order.

Standard Products
Eligible non-custom items, including certain furniture, bedding, décor, and home accessories, may be returned or exchanged in accordance with our Return & Refund Policy, provided they are unused, in their original condition, and returned within the applicable return period.

Customers should inspect all deliveries promptly and notify us of any shipping damage, defects, or missing items within seven (7) days of delivery.

Additional eligibility requirements, exclusions, and procedures are described in our Return & Refund Policy.

8. Product Care

Proper care is essential to maintaining the appearance and longevity of our products.

Furniture, mattresses, bedding, textiles, and home décor should be used only for their intended purposes and maintained according to any care instructions provided with the product.

Damage resulting from misuse, improper cleaning, neglect, accidents, exposure to excessive moisture or direct sunlight, pets, commercial use, or unauthorized modifications is not covered under any applicable warranty.

9. Intellectual Property

All content on this Site, including but not limited to:

  • logos

  • trademarks

  • product designs

  • photographs

  • graphics

  • text

  • videos

  • software

  • website design

is owned by or licensed to MALCOLM JOSEPHAT LLC and is protected under applicable intellectual property laws.

No content may be copied, reproduced, modified, distributed, or used without prior written permission.

10. User Conduct

You agree not to:

  • Violate any applicable law.

  • Attempt unauthorized access to our systems.

  • Upload malicious software.

  • Interfere with website functionality.

  • Use the Site for fraudulent purposes.

  • Copy or exploit our content without permission.

We reserve the right to suspend or terminate access and sue for violations of these Terms.

11. Third-Party Services

Our Site may contain links to third-party websites or services.

We are not responsible for the content, products, privacy practices, or services offered by third parties.

Accessing third-party websites is at your own risk.

12. Disclaimer of Warranties

Except as expressly provided in a separate written warranty, the Site and all products are provided on an "as is" and "as available" basis.

To the fullest extent permitted by law, we disclaim all implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

Nothing in these Terms limits any warranties that cannot legally be disclaimed under applicable law.

13. Limitation of Liability

To the fullest extent permitted by law, MALCOLM JOSEPHAT LLC, its owners, employees, affiliates, suppliers, and partners shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to:

  • use of the Site;

  • inability to use the Site;

  • delays in production or delivery; or

  • purchase or use of our products.

Our total liability for any claim shall not exceed the amount paid for the applicable order.

14. Indemnification

You agree to indemnify and hold harmless MALCOLM JOSEPHAT LLC, its officers, employees, affiliates, and representatives from any claims, liabilities, damages, losses, or expenses arising from your violation of these Terms or misuse of the Site.

15. Privacy

Your use of our Site is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information.

16. Governing Law

These Terms of Service and any dispute arising out of or relating to these Terms, the Site, or any products or services provided by MALCOLM JOSEPHAT LLC  shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law principles.

Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in the State of Georgia, and you consent to the personal jurisdiction and venue of those courts, except where applicable law provides otherwise.

17. Changes to These Terms

We reserve the right to update or modify these Terms at any time.

Updated versions become effective upon posting on this Site. Continued use of the Site after changes are posted constitutes acceptance of the revised Terms.

18. Severability

If any provision of these Terms is determined to be unenforceable, the remaining provisions shall remain in full force and effect.

19. Entire Agreement

These Terms constitute the entire agreement between you and MALCOLM JOSEPHAT LLC regarding the use of the Site and supersede any prior agreements or understandings relating to the same subject matter.

20. Contact Information

If you have questions regarding these Terms, please contact us:

MALCOLM JOSEPHAT LLC
Email: orders@malcolmjosephat.com
Phone: (706)409 9355
Website: malcolmjosephat.com