Terms of service

TERMS OF SERVICE

 

Effective Date: October 31, 2024

Company: Malachais Skateboards by Argentum Inceptum Systems ("Company")
Website/Store: malachais.com (Malachais Skateboards) and related services, including mobile experiences, social channels, SMS/email messaging, and customer support (collectively, the "Services").
Contact: szamarginc@malachais.com

1201 North Market Street
Suite 111-L21
Wilmington, DE 19801

My Company Ph: (302) 800-2017

Plain‑English Snapshot (not legally binding): You must be old enough to use the Site, place legitimate orders (no bots/resellers), and follow the rules. We can limit or cancel orders, change prices, and modify the Services. Returns are governed by our posted policy; most limited drops are Final Sale. We own our designs; your reviews and tagged photos can be used in our marketing (see Section 10). Disputes are handled by binding arbitration on an individual basis (with a 30‑day opt‑out). Read the full terms below.

1) Acceptance of These Terms

By accessing or using the Services, creating an account, joining our membership, participating in a drop/raffle, or placing an order, you agree to these Terms of Service (the "Terms"). If you do not agree, do not use the Services. We may update these Terms from time to time; changes are effective on posting unless a later effective date is stated. Your continued use after changes means you accept the updated Terms. If we materially change Section 18 (Dispute Resolution), you may opt out of the change as described there.

2) Eligibility & Accounts

  • Minimum age. You must be at least 13 to use the Services and at least 18 (or the age of majority in your state/country) to purchase. Under‑18 users represent that they have parental/guardian consent.

  • Account security. Keep credentials confidential; you are responsible for activity under your account. Notify us immediately of unauthorized use.

  • Accuracy. Provide current, complete, and accurate information. We may suspend or terminate accounts for inaccuracy or violations.

  • One person, one account. No impersonation; no accounts for others without permission.

3) Orders, Availability, Drops & Raffles

  • Offer & acceptance. Your order is an offer to buy; we may accept, reject, or place limits on any order for any reason, including suspected fraud, automation/bot use, reseller activity, or supply constraints.

  • Quantity & address limits. We may limit quantities per person, household, payment method, IP/device, or shipping address. Multiple orders to the same address may be combined or canceled.

  • Limited releases & raffles. Limited products may be allocated by queue, raffle, or first‑come methods at our discretion. Entries may require ID or payment authorization holds. Estimated ship dates are not guarantees.

  • Pre‑orders & made‑to‑order. Timelines may change due to production/logistics. We will communicate material delays and offer options consistent with applicable law.

  • Cancellations by us. We may cancel all or part of an order if a product is unavailable, there are pricing/description errors, we suspect misuse, or to comply with law/sanctions. We will refund the canceled items.

  • No unauthorized resale. Purchasing for commercial resale or export without our written authorization is prohibited. We may block accounts involved in resale or diversion.

4) Pricing, Taxes, Duties & Promotions

  • Prices. Prices are in [currency] and may change without notice. We are not responsible for typographical errors. If a price error occurs after you order, we will contact you; if you do not accept the corrected price, we will cancel and refund.

  • Taxes/duties. You are responsible for sales/use/VAT/GST taxes, customs duties, and import fees. We may estimate and collect certain taxes at checkout; the final amount may vary.

  • Promotions. Coupons, bundles, and promotions have their own terms and may be modified or ended at any time. Unless stated, promotions cannot be combined or applied to prior purchases.

5) Payments & Anti‑Fraud

  • Methods. We accept the payment methods shown at checkout (e.g., major cards, Shop Pay, PayPal, BNPL providers). Your use of a method may be subject to its provider’s terms.

  • Authorization. By paying, you authorize us and our processors to charge the full amount, including taxes, shipping, and fees, and to place temporary authorization holds.

  • Security. We use third‑party processors and do not store full card numbers.

  • Verification. We may require identity, address, or payment verification and may cancel orders that cannot be verified.

  • Chargebacks. Submitting a chargeback without contacting us first is prohibited. We may challenge improper chargebacks and suspend accounts involved in abuse.

  • BNPL. If you use a buy‑now‑pay‑later service, your financing is with that provider and subject to its terms; missed payments may affect your credit.

6) Shipping, Delivery, Risk of Loss & Title

  • Shipping. We ship to the destinations shown at checkout. Options, fees, and estimated delivery windows are displayed before payment.

  • Title & risk. Unless prohibited by law, title and risk of loss transfer on delivery to the shipping address you provide (or on tender to the carrier for freight/forwarder shipments).

  • Tracking. We provide tracking where available. Delivery estimates are not guarantees.

  • Refused/undeliverable packages. If a package is refused or undeliverable due to incorrect/insufficient address or failure to collect, we may charge return shipping and a reasonable restocking fee or treat the order as abandoned where permitted by law.

7) Returns, Exchanges & Refunds

  • Policy incorporated. Our posted Return & Exchange Policy at [URL] is incorporated into these Terms. If there is a conflict, the posted policy controls.

  • Standard window. Unless marked Final Sale, eligible unworn/unwashed items with original tags/packaging may be returned within [30] days of delivery for a refund to the original method (less shipping/fees) or for store credit, per the posted policy.

  • Final sale. Limited drops, collaborations, custom items, mystery boxes, and discounted items may be Final Sale except for defects as required by law.

  • Defects. Notify us within [14] days of delivery with photos to request a remedy for manufacturing defects or wrong items shipped.

  • Refund timing. Approved refunds are typically issued within [5–10] business days after we receive and inspect your return.

  • Return shipping. Unless prohibited by law or otherwise stated, you are responsible for return shipping costs.

  • Size & color variance. Minor variations in color, texture, and fit may occur and do not constitute defects.

8) Subscriptions, Memberships & Auto‑Renewals (If Offered)

  • Auto‑renewal. Subscription products or memberships renew automatically for successive terms unless canceled before renewal.

  • Cancellation. Cancel in your account or by contacting support. Benefits remain through the paid term; partial‑term refunds are not provided unless required by law.

  • Price changes. We will provide advance notice of price changes and how to cancel before they take effect.

9) Gift Cards, Store Credit & Rewards

  • Use. Gift cards/store credit may be used only for eligible purchases on the Site.

  • No cash out. Not redeemable for cash except as required by law.

  • Lost/stolen. Treat like cash; we are not responsible for loss or theft.

  • Rewards. Loyalty/rewards points have no cash value and are subject to the posted program rules.

10) User Content, Hashtags & Brand Tags

  • License you grant. If you submit reviews, photos, videos, designs, social media posts tagging us (e.g., #Malachais, @malaskateco), or other content ("User Content"), you grant us a worldwide, perpetual, irrevocable, non‑exclusive, transferable, sublicensable, royalty‑free license to host, store, reproduce, adapt, publish, translate, create derivative works, display, and distribute your User Content in connection with the Services and our marketing, in any media now known or later developed.

  • Representations. You own or control the rights to your User Content; it does not infringe any rights or laws; and you have permission from any identifiable persons.

  • Community rules. No illegal, infringing, hateful, harassing, violent, deceptive, or spam content; no malware; no others’ personal data without consent; no impersonation. We may remove or moderate content at our discretion.

  • Moral rights waiver. To the extent permitted by law, you waive and agree not to assert any moral rights in the User Content against us or our licensees.

11) Intellectual Property; Custom Artwork

  • Our IP. The Services, including designs, graphics, logos, product names, photographs, videos, look‑and‑feel, and software are owned by or licensed to Company and protected by IP laws.

  • Limited license to you. We grant a limited, non‑exclusive, non‑transferable, revocable license to access and use the Services for personal, non‑commercial purposes.

  • No reverse engineering. You may not copy, modify, distribute, sell, lease, reverse engineer, scrape, or create derivative works from the Services except as expressly permitted.

  • Custom services. If we offer customization (e.g., name/number, colorway), you represent you have rights to any supplied material. We do not print others’ trademarks or infringing art. Unless otherwise agreed in a signed writing, we own all concepts, mockups, and production files we create and may reuse non‑personal elements.

12) Safety Notice (Apparel) & Content Warning

  • Not protective gear. Our apparel and accessories are not certified protective equipment. Skateboarding is an inherently risky activity. Use proper safety gear and follow local laws.

  • Content. Our content may depict skilled riders in controlled environments. Do not attempt to recreate stunts without proper training and safety precautions. This notice does not limit any mandatory consumer protections or our responsibilities under applicable law.

13) Prohibited Uses & Technical Restrictions

You may not: (a) use bots or automation to place orders or access queues; (b) access, scrape, or search the Services by means other than publicly supported interfaces; (c) disable or circumvent security/purchase limits; (d) probe, scan, or test vulnerability; (e) use the Services for unlawful purposes; (f) infringe IP rights; (g) collect or harvest user info; or (h) circumvent geo‑blocking, sanctions, or export controls.

14) Third‑Party Services & Links

The Services may reference or integrate third‑party platforms (e.g., Instagram, TikTok, PayPal, BNPL). Those are governed by their own terms and privacy policies. We are not responsible for third‑party services.

15) Mobile Messages (TCPA/CTIA) (If Offered)

By enrolling in SMS/push, you consent to receive autodialed/marketing messages to the phone number or device you provide. Consent is not a condition of purchase. Message/data rates may apply. Message frequency varies. Reply STOP to opt out; HELP for help. Carriers are not liable for delayed/undelivered messages. See our Mobile Terms/Privacy for details.

16) Privacy

Your use of the Services is governed by our Privacy Policy at [URL], which explains what data we collect, how we use it, and your choices. Where required, we will obtain consent for certain processing. We may process your data in and transfer it to the United States and other countries with different data‑protection laws.

17) Geographic‑Specific Rights

  • EU/UK consumers. You have statutory rights that cannot be waived, including a 14‑day withdrawal right for most online purchases (exceptions: customized goods, sealed items not suitable for return, etc.). We honor applicable consumer‑law remedies.

  • California (USA). Under Cal. Civ. Code §1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services, Dept. of Consumer Affairs, 1625 North Market Blvd., Suite N112, Sacramento, CA 95834, or (800) 952‑5210.

  • Quebec (Canada). Where Quebec law applies, certain disclaimers/limitations may not apply; disputes may be heard by Quebec courts.

  • New Jersey (USA). To the extent required, Sections 19–20 are intended to be clear and conspicuous and do not limit your rights regarding our own intentional or reckless conduct.

18) Dispute Resolution — Arbitration & Class‑Action Waiver

PLEASE READ — THIS AFFECTS YOUR RIGHTS.

  • Informal resolution first. Contact us at [legal@yourdomain.com] within 30 days of the event to try to resolve the dispute.

  • Binding arbitration. Except for the claims under “Exceptions” below, any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding arbitration on an individual basis, administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.

  • Venue & law. Unless prohibited by law, the seat/venue of arbitration will be [City, State], the language will be English, and these Terms are governed by the laws of the State of [Governing State], without regard to conflict‑of‑laws principles.

  • Class/jury waiver. You and Company waive any right to a jury trial or to participate in a class, collective, or representative action.

  • Small‑claims option. Either party may bring an individual action in small‑claims court in [County/State] if within that court’s jurisdiction.

  • Injunctive relief. Either party may seek temporary or preliminary injunctive relief in court to protect IP or trade secrets while arbitration is pending.

  • 30‑day opt‑out. You may opt out of arbitration/class waiver by emailing szamarginc@malachais.com with subject “Arbitration Opt‑Out,” your name, account email, and a clear statement that you wish to opt out within 30 days after your first acceptance of these Terms.

  • Non‑U.S. consumers. If mandatory law prohibits arbitration/class waiver, disputes will be resolved in the competent courts of your residence.

19) Warranties; Disclaimers

  • Limited product warranty. We warrant that products will be free from material defects in materials and workmanship for 30 days from delivery. Your exclusive remedy and our entire liability will be, at our option, repair, replacement, or refund.

  • AS‑IS otherwise. EXCEPT AS EXPRESSLY PROVIDED, THE SERVICES AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON‑INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

  • No uninterrupted service guarantee. We do not warrant that the Services will be uninterrupted, timely, secure, or error‑free.

20) Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; FOR LOST PROFITS, REVENUE, SAVINGS, OR DATA; OR FOR COST OF SUBSTITUTE GOODS OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES OR PRODUCTS WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM IN THE 12 MONTHS BEFORE THE EVENT. Some jurisdictions do not allow certain limitations; these apply to the maximum extent permitted.

21) Indemnification

You agree to defend, indemnify, and hold harmless Company and its affiliates, officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your (a) use of the Services; (b) violation of these Terms; (c) User Content; (d) violation of law or third‑party rights; or (e) fraud or willful misconduct.

22) DMCA/Copyright Policy

If you believe your work has been used in a way that constitutes copyright infringement, send a notice to our designated DMCA agent at [szamarginc@malachais.com] containing: (1) your contact info; (2) a description of the copyrighted work; (3) the URL/location of the allegedly infringing material; (4) a statement of good‑faith belief; (5) a statement under penalty of perjury that your notice is accurate and you are authorized; and (6) your electronic/physical signature. We may terminate repeat infringers.

23) Export Controls & Sanctions

You may not use the Services if you are in, under the control of, or a national/resident of a country or territory subject to comprehensive U.S. sanctions, or if you are on a U.S. government restricted party list. You agree to comply with all applicable export control and sanctions laws.

24) Force Majeure

We are not liable for delay or failure to perform due to events beyond our reasonable control, including acts of God, labor disputes, supply‑chain disruptions, war, terrorism, epidemics, government action, or utility interruptions.

25) Termination & Suspension

We may suspend or terminate access to the Services at any time, with or without notice, for any reason, including violations of these Terms. Upon termination, Sections that by their nature should survive (e.g., IP, disclaimers, limitations, dispute resolution) will survive.

26) Notices; Electronic Communications

You consent to receive communications from us electronically (email, SMS, Site notices). Such communications satisfy any legal requirement that they be in writing. Keep your contact information current.

27) Miscellaneous

  • Entire agreement. These Terms and the policies referenced here (Privacy, Returns, Shipping, Mobile, Community, Rewards) are the entire agreement between you and Company regarding the Services.

  • Severability. If any provision is unlawful or unenforceable, the rest remains in effect.

  • No waiver. Failure to enforce a provision is not a waiver.

  • Assignment. You may not assign your rights without our consent. We may assign these Terms in connection with a merger, sale, or corporate reorganization.

  • Headings. Headings are for convenience only.

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