Terms of Service
OVERVIEW
Welcome to Malluci! The terms "we", "us" and "our" refer to Malluci. Malluci operates this store and website, including all related information, content, features, tools, products and services to provide you, the customer, with a curated shopping experience (the "Services"). Malluci is powered by Shopify, which enables us to provide the Services to you.
The terms and conditions below, together with any policies referenced herein (these "Terms of Use" or "Terms") describe your rights and obligations when using the Services.
Please read these Terms of Use carefully, as they contain important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Use, you represent that you are of legal age in your state or province, and that you have given us your consent to allow your minor dependents to use the Services on devices you own, purchase, or manage.
In order to use the Services, including visiting or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment and shipping information. You represent and warrant that all information you provide to our stores is accurate, current and complete and that you have all rights necessary to provide such information.
You are solely responsible for maintaining the security of your account information and for all account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they appear on your screen depending on the type of device you use to access the store and your device settings and configuration.
We do not guarantee that the appearance or quality of products or services you purchase will meet your expectations or be the same as depicted or reproduced in our online stores.
All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue production of products at any time and may limit the quantities of products we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Malluci reserves the right to accept or reject your order for any reason and in its sole discretion. Your order is not accepted until Malluci confirms acceptance. We must have received and processed your payment before your order will be accepted. Please read our Payment Terms carefully for more information about accepted payment methods, billing procedures, payment verification and transaction security. By submitting payment information, you represent and warrant that you are authorized to use the payment method provided and authorize Malluci to charge the full amount of your order, including any applicable taxes and shipping fees. All payments are subject to verification and approval by the payment provider. Please review your order carefully before submitting it, as Malluci may not be able to accept cancellation requests after an order has been accepted. If we do not accept, change or cancel an order, we will attempt to notify you by contacting the email address, billing address and/or telephone number provided when the order was placed.
Your purchases can be returned or exchanged only in accordance with our refund policy .
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service is the price in effect at the time of order and is set forth in your order confirmation email. Unless otherwise stated on the product page or checkout, prices include applicable taxes and free standard shipping within the United Kingdom. Customs duties or import fees may apply only where required by law.
Prices listed in our online stores may differ from prices offered in physical stores or in online stores or other stores operated by third parties. We may from time to time offer promotions on the Services that may affect pricing and are governed by terms separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the terms of the promotion will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card number and expiration date, so that we can complete your transactions and contact you as needed.
You represent and warrant that (1) the credit card information you provide is true, accurate and complete, (2) you have the proper authority to use the credit card for the purchase, (3) any charges you incur will be paid by your credit card company, and (4) you will pay any charges you incur at the rates stated, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not responsible for shipping and delivery delays. All delivery times are estimates only and cannot be guaranteed. Please review our Shipping Policy carefully for more information on shipping methods, delivery times, shipping restrictions, and order tracking. We are not responsible for delays caused by carriers, customs clearance, or events beyond our control. Once we have handed over the products to the carrier, title and risk of loss pass to you.
SECTION 6 - INTELLECTUAL PROPERTY RIGHTS
Our Services, including but not limited to all trademarks, brand names, text, screens, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by Malluci, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property rights.
These Terms permit you to use the Services for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any of the materials on the Services without our prior written consent. Except as expressly set forth herein, nothing in these Terms grants or shall be construed as granting you any license or other rights under any patent, trademark, copyright, or other intellectual property rights of Malluci, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by Malluci.
Malluci's name, logos, product and service names, designs, and slogans are trademarks of Malluci or its affiliates or licensors. You may not use such trademarks without the prior written permission of Malluci. Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may have access to customer tools offered by third parties as part of the Services, over which we neither monitor nor have any control or input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We have no liability arising out of or in connection with your use of any optional third-party tools.
Any use of the optional tools offered through the Website is entirely at your own risk and discretion, and you should ensure that you are familiar with and agree to the terms and conditions under which tools are provided by the relevant third party provider(s).
We may also, in the future, offer new features through the Services (including the launch of new tools and resources). Such new features shall also be considered part of the Services and subject to these Terms of Use.
SECTION 8 - THIRD PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party functionality). We are not responsible for reviewing or evaluating the content or accuracy of any third-party materials or websites that you choose to visit. If you choose to leave the Services to visit such third-party materials or websites, you do so at your own risk.
We are not responsible for any harm or damages related to your access to third-party websites, or your purchase or use of products, services, resources or content on third-party websites. Please carefully review the third-party’s policies and practices and ensure that you understand them before entering into any transaction. Any complaints, claims, concerns or questions regarding third-party products and services should be directed to the third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Malluci is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases you make on our store are made directly with Malluci. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and Malluci, including any damages, injuries, or losses resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising out of or in connection with your purchases and transactions with Malluci.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, located here , and certain personal information may be subject to Shopify's Privacy Policy, located here . By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are operated by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide and improve the Services to you. Information that you submit to the Services will be transferred to and shared with Shopify and third parties that may be located in countries other than where you live, for the purpose of providing services to you. Please read our Privacy Policy for more information about how we, Shopify, and our partners use your personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial purposes. For example, we may use our rights under this license to operate, provide, evaluate, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Use.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall have no obligation to (1) keep your Feedback confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback.
We may, but are not obligated to, monitor, edit or remove feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or that violates any party's intellectual property rights or these Terms of Service.
You agree that your Feedback will not infringe any third party's rights, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain any defamatory or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or any third party as to the origin of any Feedback. You are solely responsible for all Feedback you provide and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.
SECTION 12 - ERRORS, OMISSIONS AND OMISSIONS
Occasionally, there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping costs, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without notice (including after you have submitted your order).
SECTION 13 - PROHIBITED USE
You may only access and use the Services for lawful purposes. You may not, directly or indirectly, access or use the Services: (a) for any unlawful or harmful purpose; (b) violate any international, federal, provincial or state statutes, rules, laws or local ordinances; (c) infringe or violate our intellectual property rights or the intellectual property rights of others; (d) harass, abuse, insult, harm, defame, disparage, intimidate or harm any of our employees or any other person; (e) transmit false or misleading information; (f) send, knowingly receive, upload, download, use or reuse any material that does not comply with these Terms; (g) transmit or solicit for the purpose of sending advertising or marketing materials, including "junk mail", "chain letters", "spam" or other similar solicitations; (h) impersonate or attempt to impersonate any other person or entity; or (i) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or that, in our sole discretion, may harm Malluci, Shopify, or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way to affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track personal information of others; (d) spam, phish, pharm, pretext, spider, crawl or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites or the internet. We reserve the right to suspend, disable or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 14 - TERMINATION
We may terminate this Agreement or your access to the Services (or any part thereof) at our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver of Contract; Entire Agreement, Assignment, Governing Law, Privacy Policy and other provisions that by their nature should survive termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available for general information purposes only. We do not guarantee the accuracy, completeness or usefulness of this information. Any reliance you place on such information is entirely at your own risk. We disclaim all liability arising from your or any other visitor to the Services, or anyone who may be informed of any of its contents, posting such material.
Except as expressly stated by Malluci, the Services and all products offered through the Services are provided "as is" and "as available" for your use, without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement. We do not warrant, represent or guarantee that your use of the Services will be uninterrupted, timely, secure or error-free. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimer may not apply to you.
SECTION 16 - LIMITATION OF LIABILITY
To the extent permitted by law, in no event shall Malluci, our partners, directors, officers, employees, subsidiaries, agents, contractors, service providers or licensors, or Shopify and its affiliates, be liable for any damage, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs or similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising out of your use of any of the Services or products obtained through the Services, or for any other claim in any way related to your use of the Services or any product, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind arising out of the use of the Services or any Content (or Product) that published, transmitted or otherwise made available through the Services, even if we have been informed of the possibility of doing so.
SECTION 17 - DAMAGES
You agree to indemnify, defend and hold harmless Malluci, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers, harmless from any loss, damage, liability or claim, including reasonable attorneys’ fees, made by any third-party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third-party, or (3) your access to and use of the Services.
We will notify you of any recoverable claim, provided that failure to notify promptly will not relieve you of your obligations unless you suffer material harm. We may control the defense and settlement of such claims at your expense, including the selection of counsel, but will not settle any claim that requires non-monetary obligations from you without your consent (which may not be unreasonably withheld). You will cooperate in the defense of recoverable claims, including by providing relevant documents.
SECTION 18 - DEPRECIATION
If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, such provision shall nevertheless be valid to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Use. Such determination shall not affect the validity and enforceability of any remaining provisions.
SECTION 19 - DISCLAIMER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
These Terms of Use and any policies or operating rules posted by us on this website or with respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service and supersede all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, prior versions of the Terms of Use).
Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.
SECTION 20 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be void. We may transfer, assign or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 21 - GOVERNING LAW
These Terms of Use and any separate agreements we enter into with you shall be governed by and construed in accordance with Dutch law. You and Malluci agree that these courts shall have jurisdiction over the subject matter and person.
SECTION 22 - HEADINGS
The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23 - CHANGES TO TERMS OF USE
You can review the latest version of the Terms of Use at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Use by posting updates and changes on our website. It is your responsibility to check our website regularly for changes. We will notify you of any material changes to these Terms of Use in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services after any changes to these Terms of Use are posted constitutes your acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
Store name : Malluci
Company name : PMA Pay BV
Organization number : 87762951
VAT registration number: NL864414304B01
Company address : Biezenveld 23, Meppel, Drenthe, 7943 MB, Netherlands
Malluci is a brand operated by PMA Pay BV in the Netherlands.
Contact form : Click here
Email: info@malluci.com
Phone: +44 7365744675
We aim to respond to your inquiries within 24 hours.
Opening hours:
Monday to Friday: 09:00 - 17:00 UK Time
Saturday and Sunday: 10:00 - 14:00 UK Time