TERMS OF SALE

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (I) AT LEAST 18 YEARS OF AGE OR (II) LEGAL AGE TO FORM A BINDING CONTRACT WITH MALAKAI, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

THESE TERMS AND CONDITIONS (THESE «TERMS») APPLY TO THE PURCHASE AND SALE OF PRODUCTS AND SERVICES THROUGH THE MALAKAI WEBSITE (THE «WEBSITE»). THESE TERMS ARE SUBJECT TO CHANGE BY MALAKAI (REFERRED TO AS THE “COMPANY», US», «WE», OR «OUR» AS THE CONTEXT MAY REQUIRE) WITHOUT PRIOR WRITTEN NOTICE AT ANY TIME, IN OUR SOLE DISCRETION. ANY CHANGES TO THE TERMS WILL BE IN EFFECT AS OF THE «LAST UPDATED DATE» REFERENCED ON THE WEBSITE. YOU SHOULD REVIEW THESE TERMS PRIOR TO PURCHASING ANY PRODUCT OR SERVICES THAT ARE AVAILABLE THROUGH THIS WEBSITE. YOUR CONTINUED USE OF THIS WEBSITE AFTER THE «LAST UPDATED DATE» WILL CONSTITUTE YOUR ACCEPTANCE OF AND AGREEMENT TO SUCH CHANGES.

THESE TERMS ARE AN INTEGRAL PART OF THE WEBSITE TERMS OF USE THAT APPLY GENERALLY TO THE USE OF OUR WEBSITE. YOU SHOULD ALSO CAREFULLY REVIEW OUR PRIVACY POLICY BEFORE PLACING AN ORDER FOR PRODUCTS OR SERVICES THROUGH THIS WEBSITE.

ELIGIBILITY

THESE TERMS ARE A CONTRACT BETWEEN YOU AND THE COMPANY. YOU MAY PURCHASE PRODUCTS AND SERVICES THROUGH OUR WEBSITE ONLY IF YOU CAN FORM A BINDING CONTRACT WITH US, AND ONLY IN COMPLIANCE WITH THESE TERMS AND ALL APPLICABLE LOCAL, STATE, NATIONAL, AND INTERNATIONAL LAWS, RULES AND REGULATIONS. ANY PURCHASE PRODUCTS AND SERVICES THROUGH OUR WEBSITE BY ANYONE UNDER THIRTEEN (13) YEARS OF AGE IS STRICTLY PROHIBITED AND IN VIOLATION OF THESE TERMS. IF YOU ARE UNDER EIGHTEEN (18) YEARS OF AGE, YOU MAY PURCHASE PRODUCTS AND SERVICES THROUGH THE WEBSITE ONLY WITH INVOLVEMENT A PARENT OR LEGAL GUARDIAN AND THEIR CONSENT AND AGREEMENT TO THESE TERMS. IF YOU ARE UNDER 18, YOU REPRESENT THAT YOU HAVE YOUR PARENT OR GUARDIAN’S PERMISSION TO PURCHASE PRODUCTS AND SERVICES THROUGH THE WEBSITE AND THAT YOUR PARENT OR GUARDIAN IS AGREEING TO THESE TERMS. IF YOU ARE A PARENT OR LEGAL GUARDIAN OF A USER UNDER THE AGE OF 18, BY ALLOWING YOUR CHILD TO PURCHASE PRODUCTS AND SERVICES THROUGH THE WEBSITE, YOU ARE SUBJECT TO THE TERMS, AND ARE RESPONSIBLE FOR YOUR CHILD’S ACTIVITY ON THE WEBSITE.

ORDER ACCEPTANCE AND CANCELLATION.

YOU AGREE THAT YOUR ORDER IS AN OFFER TO BUY, UNDER THESE TERMS, ALL PRODUCTS AND SERVICES LISTED IN YOUR ORDER. ALL ORDERS MUST BE ACCEPTED BY US OR WE WILL NOT BE OBLIGATED TO SELL THE PRODUCTS OR SERVICES TO YOU. WE MAY CHOOSE NOT TO ACCEPT ORDERS AT OUR SOLE DISCRETION, EVEN AFTER WE SEND YOU A CONFIRMATION EMAIL WITH YOUR ORDER NUMBER AND DETAILS OF THE ITEMS YOU HAVE ORDERED.

PRODUCT AVAILABILITY

ON OCCASION, YOU MAY BE ABLE TO PLACE A PRODUCT IN YOUR SHOPPING CART AND SUBMIT YOUR ORDER FOR PROCESSING, BUT YOUR ORDER IS SUBSEQUENTLY CANCELLED DUE TO UNAVAILABILITY OF PRODUCT. YOU ACKNOWLEDGE THAT PRODUCTS MAY SELL QUICKLY AND THERE MAY BE A SHORT PERIOD OF TIME AFTER AN ORDER HAS BEEN SUBMITTED, BUT WHERE THE PRODUCT IS NO LONGER AVAILABLE. YOU AGREE THAT WE MAY CANCEL YOUR ORDER AFTER YOU HAVE RECEIVED AN ORDER CONFIRMATION WITHOUT PENALTY.

ON RARE OCCASIONS, YOU MAY RECEIVE A SHIPPING CONFIRMATION FROM US, BUT THE PRODUCT IS NO LONGER AVAILABLE IN OUR INVENTORY. YOU AGREE THAT WE MAY RESCIND OUR ACCEPTANCE AND CANCEL YOUR ORDER WITHOUT PENALTY IF WE ARE UNABLE TO SHIP THE PRODUCT YOU ORDERED DUE TO UNAVAILABILITY.

IF YOU’RE INTERESTED IN AN ITEM THAT IS CURRENTLY ON BACK ORDER, CALL US AND WE CAN TELL YOU WHEN THE ITEM WILL BE BACK IN STOCK. SOMETIMES WITH THE VOLUME OF ORDERS WE RECEIVE, AN ITEM MAY GO OUT OF STOCK BEFORE WE ARE ABLE TO POST A NOTIFICATION ON THE WEBSITE. IF THIS HAPPENS, WE WILL CONTACT YOU DIRECTLY TO DISCUSS POSSIBLE OPTIONS.

PRICES AND PAYMENT TERMS

ALL PRICES, DISCOUNTS, AND PROMOTIONS POSTED ON THIS WEBSITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. THE PRICE CHARGED FOR A PRODUCT OR SERVICE WILL BE THE PRICE IN EFFECT AT THE TIME THE ORDER IS PLACED AND WILL BE SET OUT IN YOUR ORDER CONFIRMATION EMAIL. PRICE INCREASES WILL ONLY APPLY TO ORDERS PLACED AFTER SUCH CHANGES. POSTED PRICES DO NOT INCLUDE TAXES OR CHARGES FOR SHIPPING AND HANDLING. ALL SUCH TAXES AND CHARGES WILL BE ADDED TO YOUR MERCHANDISE TOTAL, AND WILL BE ITEMIZED IN YOUR SHOPPING CART AND IN YOUR ORDER CONFIRMATION EMAIL. WE STRIVE TO DISPLAY ACCURATE PRICE INFORMATION, HOWEVER WE MAY, ON OCCASION, MAKE INADVERTENT TYPOGRAPHICAL ERRORS, INACCURACIES OR OMISSIONS RELATED TO PRICING AND AVAILABILITY. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES, OR OMISSIONS AT ANY TIME AND TO CANCEL ANY ORDERS ARISING FROM SUCH OCCURRENCES.

WE MAY OFFER FROM TIME TO TIME PROMOTIONS ON THE WEBSITE THAT MAY AFFECT PRICING AND THAT ARE GOVERNED BY TERMS AND CONDITIONS SEPARATE FROM THESE TERMS. IF THERE IS A CONFLICT BETWEEN THE TERMS FOR A PROMOTION AND THESE TERMS, THE PROMOTION TERMS WILL GOVERN.

TERMS OF PAYMENT ARE WITHIN OUR SOLE DISCRETION AND, UNLESS OTHERWISE AGREED BY US IN WRITING, PAYMENT MUST BE RECEIVED BY US BEFORE OUR ACCEPTANCE OF AN ORDER. WE ACCEPT VISA, MASTERCARD, AMERICAN EXPRESS, AMAZONPAY, PAYPAL, AND SHOPPAY. WE MAY CHANGE THE FORMS OF PAYMENT THAT WE ACCEPT ANT ANY TIME. YOU REPRESENT AND WARRANT THAT (I) THE PAYMENT INFORMATION, INCLUDING ALL CREDIT CARD INFORMATION YOU SUPPLY TO US IS TRUE, CORRECT AND COMPLETE, (II) YOU ARE DULY AUTHORIZED TO USE SUCH PAYMENT METHOD FOR THE PURCHASE, (III) CHARGES INCURRED BY YOU WILL BE HONORED BY YOUR CREDIT CARD OR PAYMENT COMPANY, AND (IV) YOU WILL PAY CHARGES INCURRED BY YOU AT THE POSTED PRICES, INCLUDING SHIPPING AND HANDLING CHARGES AND ALL APPLICABLE TAXES, IF ANY, REGARDLESS OF THE AMOUNT QUOTED ON THE WEBSITE AT THE TIME OF YOUR ORDER.

DATA, INCLUDING PRICES, MAY BE INACCURATELY DISPLAYED ON OUR WEBSITE DUE TO SYSTEM OR TYPOGRAPHICAL ERRORS. WHILE WE MAKE EVERY ATTEMPT TO AVOID THESE ERRORS, THEY MAY OCCUR. WE RESERVE THE RIGHT TO CORRECT ANY AND ALL ERRORS WHEN THEY DO OCCUR, AND WE DO NOT HONOR INACCURATE OR ERRONEOUS PRICES. IF A PRODUCT’S LISTED PRICE IS LOWER THAN ITS ACTUAL PRICE, WE WILL, AT OUR DISCRETION, EITHER CONTACT YOU FOR INSTRUCTIONS BEFORE SHIPPING THE PRODUCT OR CANCEL THE ORDER AND NOTIFY YOU OF SUCH CANCELLATION. IF THE ORDER HAS BEEN SHIPPED, YOU AGREE TO EITHER RETURN THE PRODUCT OR PAY THE DIFFERENCE BETWEEN THE ACTUAL AND CHARGED PRICES. OUR PRICES ARE ALSO SUBJECT TO CHANGE WITHOUT NOTICE.

SHIPMENTS; DELIVERY; TITLE AND RISK OF LOSS

WE WILL ARRANGE FOR SHIPMENT OF THE PRODUCTS TO YOU. PLEASE CHECK THE INDIVIDUAL PRODUCT PAGE FOR SPECIFIC DELIVERY OPTIONS. YOU WILL PAY ALL SHIPPING AND HANDLING CHARGES SPECIFIED DURING THE ORDERING PROCESS. SHIPPING AND HANDLING CHARGES ARE REIMBURSEMENT FOR THE COSTS WE INCUR IN THE PROCESSING, HANDLING, PACKING, SHIPPING, AND DELIVERY OF YOUR ORDER.

TITLE AND RISK OF LOSS PASS TO YOU UPON OUR TRANSFER OF THE PRODUCTS TO THE CARRIER/DELIVERY. SHIPPING AND DELIVERY DATES ARE ESTIMATES ONLY AND CANNOT BE GUARANTEED. WE ARE NOT LIABLE FOR ANY DELAYS IN SHIPMENTS.

RETURNS AND REFUNDS

ALL SALES ARE FINAL. PLEASE INSPECT YOUR ORDER UPON RECEIPT AND CONTACT US AT GIACOMO.BEVANATI@GMAIL.COM WITHIN SEVEN DAYS IF THE ITEM IS DEFECTIVE, DAMAGED OR IF YOU RECEIVED THE WRONG ITEM, SO THAT WE CAN EVALUATE THE ISSUE AND MAKE IT RIGHT.

WARRANTY AND DISCLAIMERS

ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

TO THE FULLEST EXTENT PROVIDED BY LAW, OUR SOLE AND ENTIRE MAXIMUM LIABILITY IN THE AGGREGATE, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER UNDER AN THEORY OF LIABILITY, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.

THE LIMITATION OF LIABILITY SET FORTH ABOVE SHALL ONLY APPLY TO THE EXTENT PERMITTED BY LAW.

GOODS NOT FOR RESALE OR EXPORT

PRIVACY

WE RESPECT YOUR PRIVACY AND ARE COMMITTED TO PROTECTING IT, ALL PERSONAL DATA COLLECTED FROM YOU IN CONNECTION WITH YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE WEBSITE.

FORCE MAJEURE

WE WILL NOT BE LIABLE OR RESPONSIBLE TO YOU, NOR BE DEEMED TO HAVE DEFAULTED OR BREACHED THESE TERMS, FOR ANY FAILURE OR DELAY IN OUR PERFORMANCE UNDER THESE TERMS WHEN AND TO THE EXTENT SUCH FAILURE OR DELAY IS CAUSED BY OR RESULTS FROM ACTS OR CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, FLOOD, FIRE, EARTHQUAKE, PANDEMIC, EXPLOSION, GOVERNMENTAL ACTIONS, WAR, INVASION OR HOSTILITIES (WHETHER WAR IS DECLARED OR NOT), TERRORIST THREATS OR ACTS, RIOT OR OTHER CIVIL UNREST, NATIONAL EMERGENCY, REVOLUTION, INSURRECTION, EPIDEMIC, LOCKOUTS, STRIKES OR OTHER LABOR DISPUTES (WHETHER OR NOT RELATING TO OUR WORKFORCE), OR RESTRAINTS OR DELAYS AFFECTING CARRIERS OR INABILITY OR DELAY IN OBTAINING SUPPLIES OF ADEQUATE OR SUITABLE MATERIALS, MATERIALS OR TELECOMMUNICATION BREAKDOWN OR POWER OUTAGE.

GOVERNING LAW AND JURISDICTION

ALL MATTERS RELATING TO THE WEBSITE AND THESE TERMS OF USE, AND ANY DISPUTE OR CLAIM ARISING THEREFROM OR RELATED THERETO (IN EACH CASE, INCLUDING NON-CONTRACTUAL DISPUTES OR CLAIMS), SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF NEW YORK WITHOUT GIVING EFFECT TO ANY CHOICE OR CONFLICT OF LAW PROVISION OR RULE (WHETHER OF THE STATE OF NEW YORK OR ANY OTHER JURISDICTION). THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS SHALL NOT APPLY TO THIS AGREEMENT.

ANY LEGAL SUIT, ACTION, OR PROCEEDING ARISING OUT OF, OR RELATED TO, THESE TERMS OF USE OR THE WEBSITE SHALL BE INSTITUTED EXCLUSIVELY IN THE FEDERAL COURTS OF THE UNITED STATES OR THE COURTS OF THE STATE OF NEW YORK. YOU WAIVE ANY AND ALL OBJECTIONS TO THE EXERCISE OF JURISDICTION OVER YOU BY SUCH COURTS AND TO VENUE IN SUCH COURTS.

DISPUTE RESOLUTION AND BINDING ARBITRATION

YOU AND GIACOMO BEVANATI ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SALE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

ASSIGNMENT

YOU WILL NOT ASSIGN ANY OF YOUR RIGHTS OR DELEGATE ANY OF YOUR OBLIGATIONS UNDER THESE TERMS WITHOUT OUR PRIOR WRITTEN CONSENT. ANY PURPORTED ASSIGNMENT OR DELEGATION IN VIOLATION OF ASSIGNMENT CLAUSE IS NULL AND VOID. NO ASSIGNMENT OR DELEGATION RELIEVES YOU OF ANY OF YOUR OBLIGATIONS UNDER THESE TERMS.

NO WAIVERS

THE FAILURE BY US TO ENFORCE ANY RIGHT OR PROVISION OF THESE TERMS WILL NOT CONSTITUTE A WAIVER OF FUTURE ENFORCEMENT OF THAT RIGHT OR PROVISION. THE WAIVER OF ANY RIGHT OR PROVISION WILL BE EFFECTIVE ONLY IF IN WRITING AND SIGNED BY A DULY AUTHORIZED REPRESENTATIVE OF GIACOMO BEVANATI.

NO THIRD-PARTY BENEFICIARIES

THESE TERMS DO NOT AND ARE NOT INTENDED TO CONFER ANY RIGHTS OR REMEDIES UPON ANY PERSON OTHER THAN YOU.

NOTICES

TO YOU. WE MAY PROVIDE ANY NOTICE TO YOU UNDER THESE TERMS BY: (I) SENDING A MESSAGE TO THE EMAIL ADDRESS YOU PROVIDE OR (II) BY POSTING TO THE WEBSITE. NOTICES SENT BY EMAIL WILL BE EFFECTIVE WHEN WE SEND THE EMAIL AND NOTICES WE PROVIDE BY POSTING WILL BE EFFECTIVE UPON POSTING. IT IS YOUR RESPONSIBILITY TO KEEP YOUR EMAIL ADDRESS CURRENT.

TO US. TO GIVE US NOTICE UNDER THESE TERMS, YOU MUST CONTACT US TO GIACOMO.BEVANATI@GMAIL.COM; NOTICES PROVIDED BY PERSONAL DELIVERY WILL BE EFFECTIVE IMMEDIATELY. NOTICES PROVIDED BY OVERNIGHT COURIER WILL BE EFFECTIVE ONE BUSINESS DAY AFTER THEY ARE SENT. NOTICES PROVIDED BY REGISTERED OR CERTIFIED MAIL WILL BE EFFECTIVE THREE BUSINESS DAYS AFTER THEY ARE SENT.

SEVERABILITY

IF ANY PROVISION OF THESE TERMS IS INVALID, ILLEGAL, VOID OR UNENFORCEABLE, THEN THAT PROVISION WILL BE DEEMED SEVERED FROM THESE TERMS AND WILL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINING PROVISIONS OF THESE TERMS.

ENTIRE AGREEMENT

THESE TERMS OF SALE, THE TERMS OF USE, OUR PRIVACY POLICY, AND ANY APPLICABLE ORDER FORM, CONSTITUTE THE SOLE AND ENTIRE AGREEMENT BETWEEN YOU AND GIACOMO BEVANATI REGARDING THIS AGREEMENT AND SUPERSEDE ALL PRIOR AND CONTEMPORANEOUS UNDERSTANDINGS, AGREEMENTS, REPRESENTATIONS, AND WARRANTIES, BOTH WRITTEN AND ORAL.