Terms of service

Welcome to Malagoon! The terms “we,” “us,” and “our” refer to Malagoon. Malagoon operates this store and website—including all related information, content, features, tools, products, and services—to provide you, the customer, with a tailored shopping experience (the “Services”). Malagoon 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 Service” or “Terms”), outline your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they contain important information regarding your legal rights and cover areas such as disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy (set out below). If you do not agree to these Terms of Service or the Privacy Policy, you should not use or access our Services.

1 ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least of legal age in the state or province of your residence, and you have given us permission to allow any minor dependents to use the Services on devices that you own, purchase, or manage.
To use the Services—including accessing 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 and delivery addresses, and payment details. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you possess all necessary rights to provide such information.
You are solely responsible for the security of your account login credentials and for all activity occurring under your account. You may not transfer, sell, assign, or license your account to another person.

2 OUR PRODUCTS
We have made every effort to accurately display our products and services in our webshops. However, please note that the colors or appearance of products may differ from how they appear on your screen, depending on the device you use to access the store and your device's settings and configuration.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be identical to the images or descriptions provided in our webshops.
All product descriptions are subject to change at any time without prior notice, at our sole discretion. We reserve the right to discontinue any product 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.

3 ORDERS
When you place an order, you are making an offer to purchase. Malagoon reserves the right to accept or reject your order at its sole discretion, for any reason. Your order is only accepted once Malagoon has confirmed acceptance. We must receive and process your payment before your order is accepted. Please check your order carefully before submitting it, as Malagoon may not be able to process cancellation requests after an order has been accepted. In the event that we do not accept, modify, or cancel an order, we will attempt to notify you by contacting the email address, billing address, and/or phone number provided when the order was placed.
Your purchases may only be returned or exchanged in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

4 PRICING AND BILLING
Prices, discounts, and promotions are subject to change without prior notice. The price charged for a product or service is the price in effect at the time the order is placed and is stated in your order confirmation email. Unless expressly stated otherwise, listed prices exclude taxes, shipping and handling charges, and customs or import duties.
Prices in our webshops may differ from prices in physical stores or in online or other stores operated by third parties. From time to time, we may offer promotions on the Services that affect pricing and are subject to terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion shall prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is truthful, accurate, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the listed prices, including shipping and handling fees and all applicable taxes, where applicable.

5 SHIPPING AND DELIVERY
We are not liable for delays in shipping and delivery. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events beyond our control. Once we hand the products over to the carrier, title and risk of loss pass to you.

6 INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product controls, video and audio, and their design, selection, and arrangement, are the property of Malagoon, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms permit you to use the Services solely for personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Unless expressly stated otherwise herein, nothing in these Terms grants you, or shall be construed as granting you, any license or other rights under any patent, trademark, copyright, or other intellectual property of Malagoon, 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 Malagoon. Malagoon’s names, logos, product and service names, designs, and slogans are trademarks of Malagoon or its subsidiaries or licensors. You may not use such trademarks without Malagoon’s prior written permission. 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.

7 OPTIONAL TOOLS
You may access third-party tools provided as part of the Services, over which we have no control or input.
You acknowledge and agree that we provide access to such tools "as is" and "as available," without warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party providers.
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be considered part of the Services and subject to these Terms of Service.

8 THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or managed by third parties (including embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites that you choose to access. If you decide to leave the Services to access these third-party materials or sites, you do so at your own risk.
We are not liable 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 you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding products and services from third parties must be directed to the third party.

9 RELATIONSHIP WITH SHOPIFY
Malagoon is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases you make in our Store are conducted directly with Malagoon. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of a sale between you and Malagoon, including injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising out of or related to your purchases and transactions with Malagoon.

10 PRIVACY POLICY

MALAGOON acts as the data controller for your personal data under the General Data Protection Regulation (GDPR). MALAGOON stores and processes your personal data in accordance with this regulation and applicable Dutch law.

All personal information we collect through the Services is subject to our Privacy Policy, which you can view [here]. In the event of a conflict between these Terms of Service and the Privacy Policy, the Privacy Policy shall prevail regarding the collection, processing, and disclosure of your personal information.

As the Services are hosted by Shopify, Shopify collects and processes personal information regarding your access to and use of the Services. Information you submit to the Services may be shared with Shopify and other entities that may be located in other countries. You can find more information in our Privacy Policy.

11 FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, subscriptions, or other content (collectively referred to as “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium and for any purpose, including commercial use. For example, we may use our rights under this license to operate, provide, evaluate, improve, and promote the Services, and to fulfill our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or hold all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your Feedback; and (iii) your Feedback complies with these Terms. We are under no obligation (1) to maintain the confidentiality of your Feedback; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may—but are not obligated to—monitor, edit, or remove Feedback that we determine, in our sole discretion, is unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service.
You agree that your Feedback will not infringe upon any right of any third party, including copyright, trademark, privacy, rights of publicity, or other personal or proprietary rights. You further agree that your Feedback will not contain any libelous or otherwise unlawful, abusive, or obscene material, nor 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 e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you provide and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.

12 ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, there may be information on or within the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, 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 prior notice (including after you have submitted your order).

13 VERBODEN GEBRUIK 
U mag de Services alleen voor wettige doeleinden bezoeken en gebruiken. Het is u niet toegestaan de Services direct of indirect te openen of te gebruiken (a) voor onwettige of kwaadwillige doeleinden; (b) om internationale, federale, provinciale of staatsverordeningen, regels, wetten of plaatselijke verordeningen te overtreden; (c) om inbreuk te maken op onze intellectuele eigendomsrechten of de intellectuele eigendomsrechten van anderen of deze te schenden; (d) onze werknemers of andere personen lastig te vallen, te misbruiken, te beledigen, te schaden, te belasteren, te belasteren, te intimideren of schade toe te brengen; (e) onjuiste of misleidende informatie te verzenden; (f) materiaal te verzenden, bewust te ontvangen, te uploaden, te downloaden, te gebruiken of te hergebruiken dat niet in overeenstemming is met deze Voorwaarden; (g) reclame- of promotiemateriaal te verzenden of te laten verzenden, waaronder “junkmail”, ‘kettingbrieven’, “spam” of andere soortgelijke verzoeken; (h) zich uit te geven voor of te proberen zich uit te geven voor een andere persoon of entiteit; of (i) deel te nemen aan enig ander gedrag dat iemands gebruik of plezier van de Services beperkt of belemmert, of dat, zoals door ons bepaald, schade kan toebrengen aan Malagoon, Shopify of gebruikers van de Services, of hen kan blootstellen aan aansprakelijkheid.
Bovendien stemt u ermee in om niet: (a) virussen of andere kwaadaardige codes te uploaden of over te brengen die op enige wijze de functionaliteit of werking van de services zullen of kunnen beïnvloeden; (b) enig deel van de services te reproduceren, dupliceren, kopiëren, extraheren, verkopen, doorverkopen of exploiteren; (c) de persoonlijke informatie van anderen te verzamelen of te traceren; (d) de services te spammen, phishen, pharmen of pretenderen; (e) robots, spiders, schraap-, dataverzamel- en extractietools, automatische apparaten of processen, AI-tools (zoals agentic AI) of geautomatiseerde of handmatige middelen te gebruiken om toegang te krijgen tot de Services; of (f) de beveiligings- of autorisatiefuncties, robotuitsluitingsheaders of andere maatregelen die wij gebruiken om de toegang tot de Services te beperken, te verstoren, te omzeilen of te omzeilen. Wij behouden ons het recht voor om uw account op elk moment en zonder voorafgaande kennisgeving op te schorten, uit te schakelen of te beëindigen als wij vaststellen dat u een deel van deze Voorwaarden hebt geschonden.

14 AGENTS
14.1 This section (“Agent Terms”) applies if you use, permit, enable, or allow the use of an Agent to access, use, or interact with Services. “Agent” means any software or service that takes action autonomously or semi-autonomously on behalf of or at the direction of a person or entity and that can operate on behalf of or using a person’s device without direct supervision.
14.2 An Agent may not access, use, or communicate with Services unless it identifies itself at all times and acts in strict accordance with the requirements in section 14.4 below. Furthermore, an Agent may not access, use, or communicate with Services if we have requested the Agent to refrain from accessing, using, or interacting with any Service.
14.3 We may restrict—including through technical measures—whether and how an Agent accesses, uses, and interacts with Services.
14.4 Agents must: (i) indicate in all HTTP/HTTPS requests that the request originates from an Agent and disclose the Agent’s name by including the following in the request’s user-agent string: “Agent/[agent name]”; (ii) not conceal or mask the fact that access, use, or interactions originate from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or bypassing CAPTCHAs or measures intended to distinguish computer use from human use, (iii) truthfully answer questions or prompts intended to determine whether interactions originate from a human or a computer, (iv) not bypass or otherwise circumvent measures intended to block, limit, modify, or control whether and how Agents access, use, or communicate with the Services.

15 TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at any time, at our sole discretion and without prior notice, and you remain liable for all amounts due up to and including the date of termination.
The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and other provisions that by their nature are intended to remain in effect after termination.

16 DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of their contents. Unless expressly stated by Malagoon, the Services and all products offered through the Services are provided "as is" and "as available" for your use, without any representation, 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 guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free. In some jurisdictions, the exclusion of implied or other warranties is limited or not permitted, so the above disclaimer of liability may not apply to you.

17 - LIMITATION OF LIABILITY
To the extent permitted by law, in no case shall Malagoon, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors—or those of Shopify and its affiliates—be liable for any injury, 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 any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the services or any products procured using the services, or for any other claim related in any way 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 incurred as a result of the use of the services or any content (or product) posted, transmitted, or otherwise made available via the services, even if advised of the possibility thereof.

18 INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Malagoon, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims—including reasonable attorneys' fees—payable to third parties resulting from or arising out of (1) your breach of these Terms of Service or the documents incorporated 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 claim subject to indemnification, provided that a failure to notify you promptly will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of any such claim at your expense, including the selection of counsel, but will not settle any claim requiring non-monetary obligations on your part without your consent (which shall not be unreasonably withheld). You will cooperate in the defense of claims, including by providing relevant documents.

19 SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service; such determination shall not affect the validity and enforceability of the remaining provisions.

20 WAIVER; ENTIRE AGREEMENT
Our failure 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 of Service and any policies or operating rules posted by us on this site or in respect to 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, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

21 ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or your rights or obligations under these Terms without our prior written consent, and any such attempt shall be void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice to you.

22 GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide services to you shall be governed by and construed in accordance with the laws of the jurisdiction where Malagoon is based, and subject to the jurisdiction of the federal and state or territorial courts therein. You and Malagoon consent to venue and personal jurisdiction in such courts.

23 HEADINGS
The headings used in this Agreement are for convenience only and will not limit or otherwise affect these Terms.

24 CHANGES TO THE TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of significant changes to these Terms in accordance with applicable law, and such changes will become effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

25 CONTACT INFORMATION
Questions regarding the Terms of Service should be sent to us at info@malagoon.com.
Our contact details are provided below:
Malagoon B.V.
info@malagoon.com
Angstelpark 604, 3631 NA Nieuwersluis
+31 6 12416831
VAT number: NL862477864B01
Chamber of Commerce: 82455848