TERMS AND CONDITIONS OF SALE AND USE

This website is operated by MALUCA. On this site, the terms “we”, “our” and “us” refer to MALUCA. MALUCA offers this website, including all the information, tools, products and services available to you, the user, subject to your acceptance of all the terms, conditions, policies and opinions stated here.

By visiting this site and/or by purchasing one of our products, you engage in our “Service” or “Product” and agree to be bound by the following terms (“General Terms of Sale,” “General Terms of Sale and Use” and/or “Conditions”), including the additional terms, conditions and policies referred to here and/or accessed by hyperlink. These General Terms of Sale and Use apply to all users of this site, including but not limited to, users who browse the site, who are sellers, customers, merchants, and/or content contributors.

Please read these General Terms of Sale and Use carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these General Terms of Sale and Use. If you do not accept all the terms and conditions of this agreement, then you must not access the website or use the services offered there. If these General Terms of Sale and Use are considered an offer, acceptance is expressly limited to these General Terms of Sale and Use.

All new features and tools that will be added to this store at a later date will also be subject to these General Terms of Sale and Use. You can view the latest version of the Terms of Sale and Use at any time on this page. We reserve the right to update, change or replace any part of these General Terms of Sale and Use by posting updates and/or changes on our website. It is your responsibility to check this page regularly to see if any changes have been made. Your continued use of the website or your access to it after any changes have been published are an acceptance on your part of these changes.

By accepting these General Terms of Sale and Use, you declare that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any minor person in your charge to use this website.

The use of our products for any illegal or unauthorized purpose is prohibited, nor should you, as part of the use of the Service, violate the laws of your jurisdiction (including but not limited to copyright laws).

You must not transmit worms, viruses or any other code of a destructive nature.

Any violation or violation of these General Terms of Sale and Use will result in the immediate termination of your Services.

We reserve the right to deny access to services to any person at any time for any reason.

You agree not to duplicate, duplicate, copy, sell, resell or operate any part of the Service or use of the Service, or any access to the Service or contact on the website, through which the Service is provided, without prior express written authorization from us.

The securities used in this agreement are included for your convenience, and will not limit or affect these Terms.

Our payment partners are known for their reliability when it comes to internet transactions. The information you give is encrypted (SSL technology) and entered on a secure page hosted by the trusted partner. In other words, we are not in possession of your bank details at any time.

Payment validation is immediate and no mailing will be made without payment validation.

You can pay for your purchases directly with our stripe partner who pays by bank card (CB). Stripe is a secure web payment infrastructure (certified PCI Level 1, the highest level of security). To pay for your order through Stripe, simply enter your payment method on the dedicated page and validate the payment of your current order.

We have also integrated the regulation via Paypal whose terms and conditions are specified which is known for its reliability in internet transactions. Payment will be made directly on the Paypal platform by logging in with a Paypal account or by inserting your credit card payment method.

We are not responsible if the information available on this site is not accurate, complete or up-to-date. The content of this site is provided as an indication only and should not be your only source of information to make decisions, without first consulting more accurate, complete and up-to-date sources of information. If you decide to rely on the content presented on this site, you do so at your own risk.

This site may contain some previous information. This prior information, by its very nature, is not up-to-date and is provided as an indication only. We reserve the right to change the content of this site at any time, but we have no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.

Prices of our products may be changed without notice and the prices shown include all applicable taxes (non-applicable VAT, CGI Section 293B).

We reserve the right at any time to change or discontinue the Service (as well as any part or content of the Service) without notice and at any time.

We will not be responsible to you or any other third party for any price changes, suspension or interruption of the Service.

Some products or services may be available in limited quantities and may only be subject to returns or exchanges in accordance with our Return Policy below.

We have done our best to display as clearly as possible the colors and images of our products that appear on our shop. We cannot guarantee that the display of colors by your computer screen will be accurate.

We reserve the right, but not obligated to do so, to limit the sales of our products or services to any person, and in any geographical region or jurisdiction. We could exercise that right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All product descriptions and prices can be changed at any time without prior notice, at our sole discretion. We reserve the right to stop offering a product at any time. Any offer of service or product presented on this site is null and void where the law prohibits it.

We do not guarantee that the quality of all products, services, information, or other goods you have obtained or purchased will meet your expectations, nor that any errors in the Service will be corrected.

We reserve the right to refuse any order you place with us. We may, at our sole discretion, reduce or cancel the quantities purchased per person, by household or by order. These restrictions could include orders placed by or from the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we change an order or cancel it, we may try to notify you by contacting you at the e-mail and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our judgment alone, may appear to be from merchants, resellers or distributors.

You agree to provide up-to-date, complete and accurate order and account information for all orders placed on our store. You agree to quickly update your account and other information, including your email address, credit card numbers and expiry dates, so that we can further complete your transactions and contact you if necessary.

For more details, please see our Return Policy below.

Our policy lasts 15 days (if the last day of this deadline falls on a weekend or a public holiday, it is extended until the next business day). If 15 days have passed since your purchase, we unfortunately cannot offer you a refund or exchange.

In order to be returned, your item must be unused and in the same condition you received. It must also be in the original packaging.

To return, you must provide us with a receipt or proof of purchase.

There are certain situations where only a partial refund is granted: (if applicable)

• Any item that is not in its original state, that is damaged or that has certain missing parts for reasons that are not due to an error on our part.
• Any item that is returned more than 15 days after delivery.

Refunds (if any)

Once we have received and inspected the returned item, we will send you an email to confirm that we have received it. We will also inform you of our decision regarding the approval or rejection of your claim.

If your application is approved, then your refund will be processed, and a credit will be automatically applied to your credit card or your original method of payment, within 14 days. We are working to meet this deadline and no compensation can be sought in the event of a possible delay.

Late or missing refunds (if any)

If you have not yet received your refund, please consult your bank account again.

Then contact your credit card issuer, as there may be a delay before your refund is officially posted.

Then contact your bank. There is often a processing time required before a refund is posted.

If after completing all these steps, you still haven’t received your refund, please contact us via our online form or email.

Items sold (if applicable)

Only items at current prices can be refunded. Unfortunately, the items sold are non-refundable.

Exchanges (if any)

As the collections are in limited and personalized series, we cannot commit to an exchange. On the other hand, we replace an item only if it is defective or damaged (due to an error on the part of MALUCA). If in this case you would like to exchange it for the same item, send us an email first and send us your article to:

MALUCA, 43 Condorcet Street, 60700 PONT-SAINTE-MAXENCE, France

Shipping

To return a product, you must mail it to:

MALUCA, 43 Condorcet Street, 60700 PONT-SAINTE-MAXENCE, France

It will be up to you to pay your own shipping fee to return your item. Shipping costs are non-refundable. If you receive a refund, the return fee will be deducted from it.

Depending on where you live, the time it takes to receive your exchanged product may vary.

If you’re shipping an item worth more than 75€, you should consider using a delivery service that allows you to track the shipment or purchase delivery insurance. We do not guarantee that we will receive the item that you return to us.

Mediation

If you have any problems with an order or any dispute, please contact our Customer Service first via our online form by clicking HERE or directly by email to try to find an amicable solution.

In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, the Seller adheres to the services of the Centre for consumer mediation of Conciliators of Justice (hereafter the “Ombudsman”) whose contact details are: 14 rue Saint Jean 75017 Paris – https://cm2c.net/. In the event of a written complaint not resolved by our Customer Service, you can enter the Ombudsman free of charge. At European level, the European Commission has also set up an online dispute resolution platform.

We could provide you with access to third-party tools over which we have no follow-up, control or influence.

You acknowledge and accept the fact that we provide access to such tools “as is” and “according to availability”, without any guarantee, representation or condition of any kind and without any approval. We will have no legal liability resulting from or related to the use of these optional third-party tools.

If you use the optional tools offered on the site, you do so at your own risk and at your own discretion, and you should consult the terms under which these tools are offered by the third-party suppliers concerned.

We may also, in the future, offer new services and/or features on our site (including new tools and resources). These new features and services will also be subject to these General Terms of Sale and Use.

Some content, products and services available through our Service may include third-party items.

Links from third parties on this site could redirect you to third-party websites that are not affiliated with us. We are not required to review or evaluate the content or accuracy of these sites, nor do we guarantee or assume any responsibility for any content, website, product, service or other items accessible on or from these third-party sites.

We are not liable for harm or damage related to the purchase or use of goods, services, resources, content, or any other transaction made in connection with these third-party websites. Please read third-party policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, complaints, concerns, or questions about the products of these third parties must be submitted to these same third parties.

If, at our request, you submit specific content (for example, to participate in competitions), or if without a request from us, you send creative ideas, suggestions, proposals, plans or other elements, whether online, by email, mail, or otherwise (collectively, “comments”), you grant us the right, at all times, and without restriction , edit, copy, publish, distribute, translate and use any comments you send us in other way and in any media. We are not and should not be required (1) to maintain the confidentiality of comments; (2) to pay compensation to anyone for any comments provided; (3) respond to comments.

We may, but have no obligation to do so, monitor, modify or remove content that we believe, at our sole discretion, to be illegal, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or that violates any intellectual property or these General Terms of Sale and Use.

You agree to write comments that do not violate the rights of third parties, including copyright, trademarks, confidentiality, personality, or other personal or property rights. You also agree that your comments will not contain illegal, defamatory, offensive or obscene content, nor will they contain computer viruses or other malware that could affect the operation of the Service or any other associated website in any way. You cannot use a false email address, pretend to be someone you are not, or try to mislead us and/or third parties as to the origin of your comments. You are fully responsible for all comments you post and for their accuracy. We take no responsibility and decline any commitment to any comments you post or any other third party publishes.

Submitting your personal information to our store is governed by our Privacy Policy. Click here to see our Privacy Policy.

There may be information on our site or in the Service that may contain typographical errors, inaccuracies or omissions that may be related to product descriptions, prices, promotions, offers, product shipping costs, delivery times and availability. We reserve the right to correct any errors, inaccuracies, omissions, and to change or update information or cancel orders, if any information in the Service or on any other associated website is inaccurate at any time and without notice (including after you have placed your order).

We are not required to update, modify or clarify information in the Service or any other associated website, including but not limited to price information, unless required by law. No set date for update or update in the Service or any other associated website should be taken into account to conclude that the information in the Service or on any other associated website has been changed or updated.

In addition to the prohibitions set out in the General Terms of Sale and Use, you are prohibited from using the site or its content: (a) for illegal purposes; (b) to encourage or participate in illegal acts; (c) to violate any regional ordinance or international, federal, provincial or state law, rule or regulation; (d) to infringe or violate our intellectual property or third-party rights; (e) to harass, abuse, insult, defame, slander, denigrate, intimidate or discriminate against anyone on the basis of sex, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or could be used in such a way as to compromise the functionality or operation of the Service or any other associated, independent, or Internet website; (h) to collect or track the personal information of others; (i) to spam, phish, hijack a domain, extort information, browse, explore or scan the web (or any other resource); (d) for obscene or immoral purposes; Yes (k) to interfere with or circumvent the security measures of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating prohibited uses.

We do not guarantee or claim that your use of our Service will be uninterrupted, fast, secure or error-free.

We do not guarantee that the results that could be achieved through the use of the Service will be accurate or reliable.

You agree that from time to time we may delete the Service for indefinite periods of time or cancel the Service at any time, without first notifying you.

You expressly agree that your use of the Service, or your inability to use it, is your only risk. The Service and all products and services provided to you through the Service are (unless expressly stated otherwise on our part) provided “as is” and “depending on availability” for your use, without representation, without guarantees and without conditions of any kind, express or implied, including all implied guarantees of marketing or market quality. , adaptation to a particular use, durability, title and no counterfeiting.

MALUCA, our directors, managers, employees, affiliates, agents, contractors, trainees, suppliers, service providers and licensors cannot in any case be held responsible for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damage of any kind, including but not limited to the loss of profits, revenues, savings, , replacement costs or similar damages, whether contractual, tortious (even in cases of negligence), strict liability or otherwise, resulting from your use of any service or product originating from this Service, or any other claim related in any way to your use of the Service or any product, including but not limited to any error or omission in any content , or any loss or damage of any kind arising from the use of the Service or any content (or product) published, transmitted, or otherwise made available through the Service, even if you have been notified of the possibility that they may occur. Because some states or jurisdictions do not allow liability for consecutive or incidental damages to be excluded or limited, our liability will be limited to the maximum extent permitted by law.

You agree to compensate, defend and protect MALUCA, our parent company, our subsidiaries, affiliates, partners, managers, directors, agents, contractors, licensees, service providers, subcontractors, suppliers, interns and employees, regarding any claim or claim, including reasonable legal fees, made by any third party because of or arising from your violation of these General Terms of Sale and Use or the documents to which they refer , or your violation of any law or the rights of a third party.

In the event that a provision in these General Terms of Sale and Use is found to be unlawful, null or unenforceable, this provision may nevertheless be applied to the fullest extent permitted by law, and the non-applicable part must be considered to be dissociated from these General Terms of Sale and Use, this dissociation should not affect the validity and applicability of all other remaining provisions.

The obligations and responsibilities incurred by the parties prior to the termination date will remain in effect after the termination of this agreement for all purposes.

These General Terms of Sale and Use are effective unless and until they are terminated by either you or not. You can terminate these General Terms of Sale and Use at any time by notifying us that you no longer wish to use our Services, or when you stop using our site.

If we judge, at our sole discretion, if you fail, or if we suspect that you have been unable to comply with the terms of these General Terms of Sale and Use, we may also terminate this agreement at any time without notifying you in advance and you will remain liable for all amounts liable until the termination date (including this), and/or we may deny you access to our Services (or any part of it).

Any breach on our part in the exercise or application of any right or provision of these General Terms of Sale and Use should not constitute a waiver of that right or provision.

These General Terms of Sale and Use or any other operating policy or rule that we publish on this site or in relation to the Service constitute the entire agreement and agreement between you and us and govern your use of the Service, and replace all communications, proposals and agreements, past and contemporary, oral or written, between you and us (including , but not limited to any earlier version of the Terms of Sale and Use).

Any ambiguity as to the interpretation of these General Terms of Sale and Use should not be interpreted to the detriment of the editor.

These General Terms of Sale and Use, as well as any other separate agreement through which we provide services to you, will be regulated and interpreted under the laws in force in France. Any dispute between the parties relating to the execution of the order will fall within the exclusive jurisdiction of the Compiègne Commercial Court to which the parties expressly grant jurisdiction, even in the case of referral and even in the case of a plurality of defenders or appeals for guarantee.

You can view the latest version of the Terms of Sale and Use at any time on this page.

We reserve the right, at our sole discretion, to update, modify or replace any part of these General Terms of Sale and Use by publishing updates and changes on our website. It is your responsibility to visit our site regularly to see if any changes have been made. Your continued use of or access to our site after any changes to these Terms of Sale and Use are published, and these changes are accepted.

Questions about the General Terms of Sale and Use should be sent to us to our Customer Service either via our online form or by email.