Terms of service

This website is operated by MALËA. In the context of this website, the terms ‘we’, ‘us’ and ‘our’ refer to MALËA. MALËA provides this website, including all the information, tools and Services available on this site, to you, the User, on condition that you accept all the terms, conditions, policies and notices set out herein.

By visiting our website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions of Service”, or “Terms and Conditions” for short), including the additional terms and conditions and policies referred to herein and/or made available via a specific link. These Terms and Conditions of Service apply to all users of the website, including, without limitation, visitors, sellers, customers, merchants and/or content contributors.

Please read these Terms and Conditions of Service carefully before accessing or using our website. By accessing or using any part of the website, you agree to be legally bound by these Terms and Conditions of Service. If you do not accept all the terms and conditions of this agreement, you may not access the website or use any of the Services offered. If these Terms and Conditions of Service are deemed to be an offer, acceptance is expressly limited to these Terms and Conditions of Service.

Any new features or tools added to the current version of the shop shall also be subject to these Terms and Conditions of Service. You may view the current version of these Terms and Conditions of Service at any time on this page. We reserve the right to update, amend or replace any part of these Terms and Conditions of Service by publishing updates and/or amendments on our website. It is your responsibility to check this page periodically for any changes. Your continued use of or access to the website following the publication of any changes constitutes acceptance of those changes.

Our shop is hosted on Shopify Inc. Shopify provides the online e-commerce platform that enables us to sell our products and services.

SECTION 1 – ONLINE STORE TERMS
By accepting these Terms and Conditions of Service, you represent that you are of legal age under the laws of your state or province of residence, or that you are of legal age under the laws of your state or province of residence and have given your consent for any minors in your care to use this website.
You must not use our products for any unlawful or unauthorised purpose, nor must you breach any laws applicable in your jurisdiction whilst using the Service (including, but not limited to, copyright laws).
You must not transmit worms, viruses or any other destructive code.
Breach of any of these Terms and Conditions will result in the immediate termination of the Services.

SECTION 2 – GENERAL TERMS AND CONDITIONS
Shopify reserves the right to refuse the Service to anyone, for any reason and at any time.
You acknowledge that your content (excluding credit card details) may be transmitted in an unencrypted form and may involve (a) transmission over various networks; and (b) modifications to comply with the technical requirements of connecting networks or devices. Credit card details are always encrypted during transmission over the network.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, and not to use the Service, access the Service or any contact on the website through which the Service is provided, without Shopify’s express written authorisation.
The headings used in this agreement are included for convenience only and shall not limit or affect these Terms and Conditions in any way.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We accept no liability for any inaccuracy, incompleteness or lack of timeliness in the information made available on this website. The content on this website is provided for information purposes only and should not be relied upon as the sole basis for making decisions without consulting primary sources of information that are more accurate, more complete or more up-to-date. You rely on the material on this website at your own risk.
This website may contain some historical information. Historical information is not necessarily up to date and is provided for reference purposes only. We reserve the right to amend the content of this website at any time, but we are under no obligation to update the information on our website. You acknowledge that it is your responsibility to check our website periodically for any changes.

SECTION 4 – CHANGES TO THE SERVICE AND PRICES
The prices of our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time and without notice.
We accept no liability to you or any third party in connection with any changes, price changes, suspensions or discontinuations of the Service.

SECTION 5 – PRODUCTS OR SERVICES (where applicable)
Some products or services may be available exclusively online via the website. These products or services may be in limited supply and are subject to return or exchange only in accordance with our Refund Policy: https://malealab.com/policies/refund-policy
We have made every effort to display as accurately as possible the colours and images of our products in our shop. We cannot guarantee that the colours displayed on your computer screen are accurate.
We reserve the right, but are under no obligation, to restrict sales of our products or Services to any person, territory or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or Services offered. All product descriptions and prices are subject to change at any time and without notice, at our sole discretion. We reserve the right to discontinue the production of any product at any time. Any offer of any product or Service made via this website is void where prohibited.
We do not guarantee that the quality of any products, Services, information or other materials purchased or obtained will meet your expectations, nor that any errors in the Services will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order placed with us. We may, at our sole discretion, limit or cancel the quantities purchased per person, household or order. Such restrictions may include orders placed by or via the same customer account, the same credit card and/or orders using the same billing and/or delivery address. Should we make any changes to or cancel an order, we may attempt to notify you by contacting you at the email address and/or billing address/telephone number provided at the time of the order. We reserve the right to restrict or prohibit orders which, in our sole discretion, appear to have been placed by dealers, resellers or distributors.

You undertake to provide up-to-date, complete and accurate information regarding your purchases and your account for all purchases made in our shop. You agree to update your account and other information promptly, including your email address and your credit card numbers and expiry dates, so that we can complete your transactions and contact you if necessary.

Per maggiori dettagli, consulta la nostra Informativa sui rimborsi: https://malealab.com/policies/refund-policy

SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools which we do not monitor and over which we have no control or influence.
You acknowledge and agree that we provide access to such tools ‘as is’, ‘as available’, without any warranty, representation or condition of any kind and without any endorsement. We accept no liability arising from or in any way related to the use of optional third-party tools.
Any use by you of the optional tools offered via the website is entirely at your own risk, and you should therefore ensure that you are familiar with and agree to the terms and conditions under which the tools are provided by the relevant third-party providers.
In the future, we may also offer new Services and/or features via the website (including the release of new tools and resources). Such new features and/or Services will also be subject to these Terms and Conditions of Service.

SECTION 8 – LINKS TO THIRD PARTIES
Some of the content, products and Services available via our Service may include third-party materials.
Links to third parties on this website may direct you to third-party websites that are not affiliated with us. We are under no obligation to monitor or assess the content or accuracy of, and we do not guarantee, nor do we accept any liability in relation to, third-party materials or websites, or any other third-party materials, products or services.
We accept no liability for any loss or damage arising from the purchase or use of goods, Services, resources, content or any other transaction carried out in connection with third-party websites. We encourage you to read the third parties’ policies and terms carefully, ensuring you understand them before carrying out any transaction. Any complaints, claims, concerns or queries regarding third-party products must be addressed directly to the relevant third party.

SECTION 9 – COMMENTS, FEEDBACK AND OTHER CONTRIBUTIONS
Where you submit specific contributions, either at our request (for example, applications to take part in competitions) or, even without any request from us, where you submit creative ideas, suggestions, proposals, plans or other materials, online, by email, post or in any other way (collectively, ‘comments’), you agree that we may edit, copy, publish, distribute, translate and otherwise use the comments you submit by any means, at any time and without restriction. We are not, and shall not be, under any obligation whatsoever (1) to keep any comments confidential; (2) to pay any compensation for the comments; or (3) to respond to the comments.
We reserve the right, but are under no obligation, to monitor, edit or remove any content which, in our sole discretion, we consider to be unlawful, offensive, threatening, defamatory, libellous, pornographic, obscene or otherwise objectionable, or which infringes the intellectual property rights of any party or these Terms and Conditions of Service.
You confirm that your comments do not infringe any third-party rights, including copyright, trade marks, privacy, personality or other personal or proprietary rights. You further acknowledge that your comments do not contain defamatory or otherwise unlawful, offensive or obscene material, nor do they contain computer viruses or other malware that could in any way compromise the operation of the Service or any related website. You must not use a false email address, pretend to be someone else, or otherwise mislead Shopify or third parties as to the origin of any comments. You accept full and exclusive responsibility for the comments you post and their accuracy. We accept no liability for any comments posted by you or third parties.

SECTION 10 – PERSONAL INFORMATION
The submission of personal information via the shop is governed by our Privacy Policy, which can be viewed here: https://malealab.com/policies/privacy-policy

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
From time to time, information may be published on our website or within the Service that contains typographical errors, inaccuracies or omissions relating to the following: product descriptions, prices, promotions, offers, product delivery charges, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to amend or update the information or cancel orders, at any time and without notice (even after an order has been placed), should any information on the Service or on any related website prove to be inaccurate.
We accept no obligation to update, amend or clarify the information contained in the Service or on any related website, including, but not limited to, pricing information, except as required by law. No specified update date relating to the Service or any related website shall be construed as an indication that all information contained in the Service or published on any related website has been amended or updated.

SECTION 12 – PROHIBITED USES
In addition to other prohibitions set out in the Terms and Conditions of Service, you must not use the website or its content: (a) for any unlawful purpose; (b) to solicit others to commit or participate in unlawful acts; (c) to breach any international, federal, provincial or state regulations, rules, laws or ordinances; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to send false or misleading information; (g) to upload or transmit viruses or any other type of malicious code, which will or may be used in any way, and which will affect the functionality or operation of the Service or any related website, as well as other websites or the Internet; (h) to collect or track the personal information of others; (i) to engage in spamming, phishing, pharming, pretexting, spidering, crawling or scraping; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, as well as other websites or the Internet. 

We reserve the right to suspend your use of the Service or any related website in the event of a breach of any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not guarantee that the results obtained from using the Service will be accurate or reliable.
You agree that, from time to time, we may suspend the Service for indefinite periods or discontinue it at any time without notice.
You expressly acknowledge that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services provided through the Service are provided (except as expressly stated by Shopify) ‘as is’ and ‘as available’ for your use, without any representation, warranty or condition of any kind, whether express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, duration, title and non-infringement.

Under no circumstances shall MALËA, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be held liable for any damage, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, loss of profits, loss of revenue, lost savings, loss of data, replacement costs or any similar damages, whether arising from a breach of contract, tort (including negligence), strict liability or otherwise, arising out of the use of any of the Services or any product purchased via the Service, or for any other claim related in any way to your use of the Service or any product, including, without limitation, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) published, transmitted or otherwise made available via the Service, even if you have been advised of the possibility of such eventualities. As some states or jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability shall be limited to the fullest extent permitted by applicable law.

SECTION 14 – INDEMNITY
You agree to indemnify, defend and hold harmless MALËA and our parent company, our subsidiaries, affiliates and partners, as well as their respective officers, directors, agents, contractors, licensees, service providers, subcontractors, suppliers, trainees and employees, from any claim or demand, including reasonable legal costs, made by any third party arising out of or in connection with a breach of these Terms and Conditions of Service or the documents incorporated by reference, or a breach of any law or the rights of third parties.

SECTION 15 - SEVERABILITY CLAUSE
If any provision of these Terms and Conditions of Service is held to be unlawful, void or unenforceable by a court of competent jurisdiction, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable part shall be severed from these Terms and Conditions of Service, and such a ruling shall not affect the validity and enforceability of the remaining provisions.

SECTION 16 – TERMINATION
The obligations and liabilities of the parties arising prior to the date of termination shall survive the termination of this agreement in all respects.
These Terms and Conditions of Service remain in force unless and until terminated by you or by Shopify. You may terminate these Terms and Conditions of Service at any time by notifying us that you no longer wish to use our Services or by ceasing to use our website.
If, in our sole discretion, you fail to comply with, or we suspect that you have failed to comply with, any term or provision of these Terms and Conditions of Service, we may terminate this agreement at any time, without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or we may consequently deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT
Any failure by Shopify to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms and Conditions of Service and all policies or operating guidelines published by Shopify on this website or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, all previous versions of the Terms and Conditions of Service).
Any ambiguity in the interpretation of these Terms and Conditions of Service shall not be construed against the party that drafted them.

SECTION 18 – GOVERNING LAW
These Terms and Conditions of Service and all separate agreements through which we provide you with the Services shall be governed by and construed in accordance with the laws of Italy.

SECTION 19 – CHANGES TO THE TERMS AND CONDITIONS OF SERVICE
You can view the current version of the Terms and Conditions of Service at any time on this page.
We reserve the right to update, amend or replace any part of these Terms and Conditions of Service by publishing updates and/or amendments on our website. It is your responsibility to check this page periodically for any changes. Your continued use of or access to our website or the Service following the publication of any changes to these Terms and Conditions of Service constitutes your acceptance of those changes.

SECTION 20 – CONTACT INFORMATION
Any enquiries regarding the Terms and Conditions of Service should be sent to support@malelab.com.
Our contact details are as follows:
MALËA
isupport@malelab.com
Via Calpurnio Fiamma 7, Rome 00175