Terms of Service

Overview

This website is operated by MEGA FORTUNE LLC, registered in the State of Colorado, USA, with its principal address at 2347 Rainbow Dr, APT 9, Denver, CO 80229, USA. Throughout these Terms of Service (“Terms”), “MALACASA,” “we,” “us,” and “our” refer to MEGA FORTUNE LLC as the operator of the MALACASA websites and related services (“Services”).

By visiting our site and/or purchasing something from us, you engage in our Services and agree to be bound by these Terms, including any additional terms and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation browsers, vendors, customers, merchants, and contributors of content.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions, you may not access the website or use any Services.

Any new features or tools added to the current store shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates or changes to our website. It is your responsibility to check this page periodically for changes. Continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides the e-commerce platform that allows us to sell our products and services to you. You can view Shopify’s terms here.

NOTICE FOR U.S. CONSUMERS: These Terms include an arbitration agreement, jury waiver, and class action waiver. See SECTION 23 below.

SECTION 1 – Online Store Terms

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and have given consent to allow any of your minor dependents to use this site.

SECTION 2 – General Conditions

We reserve the right to refuse service to anyone for any reason at any time. Your content (excluding credit card info) may be transmitted unencrypted over various networks and adapted to technical requirements. Credit card information is always encrypted during transfer.

SECTION 3 – Accuracy, Completeness and Timeliness

We are not responsible if information on this site is inaccurate, incomplete, or outdated. Material is for general information only. You agree that it is your responsibility to monitor site changes.

SECTION 4 – Modifications to Service and Prices

Prices for our products may change without notice. We may modify or discontinue the Service (or any part thereof) at any time without notice.

SECTION 5 – Products or Services

Certain products or services may be available exclusively online and are subject to return or exchange only according to our Return & Refund Policy. We have made every effort to display product colors and images accurately; actual colors may vary depending on your device display. This does not affect your statutory rights.

SECTION 6 – Account Creation and Guidelines

You may need to create an account to access certain Services. You agree to provide accurate, complete information and to keep it updated. Accounts are personal and non-transferable. We may suspend or close your account if it is used fraudulently or in violation of these Terms.

SECTION 7 – Billing and Account Accuracy

We reserve the right to refuse or cancel orders. You agree to provide current, complete, and accurate information for all purchases. For more details, please review our Return & Refund Policy.

SECTION 8 – Optional Tools

We may provide access to third-party tools “as is” and “as available.” Use of such tools is entirely at your own risk. We are not liable for any damages arising from or relating to their use.

SECTION 9 – Third-Party Links

Some content, products, or services may include materials from third parties. We are not responsible for examining or guaranteeing any third-party content, products, or services.

SECTION 10 – User Content

Any comments, feedback, ideas, or other submissions you send may be used by us without restriction. You agree that your content will not violate any rights or contain unlawful, abusive, or obscene material.

SECTION 11 – Personal Information

Your submission of personal information is governed by our Privacy Policy, which is incorporated by reference into these Terms.

SECTION 12 – Errors and Omissions

We reserve the right to correct any errors, inaccuracies, or omissions and to update information or cancel orders if any details are inaccurate, at any time without prior notice.

SECTION 13 – Prohibited Uses

You may not use the site or its content for unlawful purposes, to violate laws, infringe rights, or interfere with site security. We may terminate your access for any violation.

SECTION 14 – Disclaimer of Warranties; Limitation of Liability

We do not guarantee uninterrupted, error-free operation. You expressly agree your use is at your own risk. All products and Services are provided “as is” without warranties of any kind. In no case shall MEGA FORTUNE LLC or its affiliates be liable for any indirect, incidental, or consequential damages.

SECTION 15 – Copyright and Trademarks

All content, organization, design, and materials on this site are protected by copyright and trademark laws. “MALACASA” and related marks are owned by MEGA FORTUNE LLC or its licensors.

SECTION 16 – Indemnification

You agree to indemnify and hold harmless MEGA FORTUNE LLC, its affiliates, and employees from any claims arising out of your breach of these Terms or violation of any law or third-party rights.

SECTION 17 – Severability

If any provision is found unlawful or unenforceable, it shall be severed, and the remainder shall continue in effect.

SECTION 18 – Non-Transferability

Your right to use the Services is personal and non-transferable. Any password or access granted to you may not be shared or assigned.

SECTION 19 – Force Majeure

We are not responsible for any delay or failure to perform due to causes beyond our reasonable control, such as natural disasters, strikes, or transportation disruptions.

SECTION 20 – Notices and Assignment

Legal notices may be sent to support@malacasa.com. We may assign our rights and obligations under these Terms without restriction.

SECTION 21 – Termination

These Terms remain effective until terminated by either you or us. We may terminate this agreement without notice if you breach any provision. All obligations incurred prior to termination shall survive termination.

SECTION 22 – Entire Agreement

These Terms, together with any policies posted by us, constitute the entire agreement between you and us, superseding any prior agreements or communications.

SECTION 23 – Governing Law and Arbitration (U.S. Consumers Only)

These Terms shall be governed by the laws of the State of Colorado, USA, without regard to conflict-of-law principles. Any dispute shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules in Denver, Colorado. You and MALACASA waive the right to a jury trial and to participate in any class or representative action.

You may opt out of this arbitration agreement within 30 days of acceptance by sending written notice via email to support@malacasa.com.

SECTION 24 – SMS Terms

By opting in, you consent to receive recurring text messages (including automated marketing messages) from MALACASA at the number provided. Message frequency may vary, and message/data rates may apply. Reply STOP to opt out or HELP for assistance. Consent to receive texts is not a condition of purchase. For help, contact support@malacasa.com.

SECTION 25 – Contact Information

Questions about these Terms should be sent to support@malacasa.com.