Terms of service

This website is operated by MALGVEN ("we," "us," or "our"), a company headquartered in Quebec, Canada. Throughout malgven.ca, the terms "we," "us," and "our" refer to MALGVEN.

By visiting our Site and/or placing an order, you ("the Customer," "you") use our Services and agree to be bound by these Terms of Service ("Terms"), as well as any additional policies accessible via links on our Site, including our Privacy Policy, Refund Policy, and Shipping Policy, all of which are incorporated by reference into these Terms.

These Terms apply to all users of the Site, including visitors, customers, and any other party accessing the Site.

Please read these Terms carefully before accessing the Site or placing an order. By accessing or using the Site, you acknowledge that you have read, understood, and agreed to these Terms in their entirety. If you do not agree, please do not use the Site or place an order.

Our store is hosted by Shopify Inc. (Canada/United States), which provides the e-commerce platform enabling the sale of our products. MALGVEN is not responsible for any interruptions, malfunctions, or technical failures attributable to the Shopify platform or its associated services.

---

SECTION 1 — ELIGIBILITY AND PERMITTED USE

1.1 – Legal Capacity

By accepting these Terms, you confirm that you:
- Have reached the legal age of majority in your province, state, or country of residence; or
- Are acting with the consent of a parent or legal guardian if you are a minor.

MALGVEN reserves the right to refuse any order if doubts exist regarding the buyer's legal capacity, without any obligation to provide justification.

1.2 – Permitted Use

The Site and Services are made available exclusively for personal and legitimate purposes. Any commercial, fraudulent, or unauthorised use is strictly prohibited.

---

SECTION 2 — PLATFORM AND THIRD-PARTY TOOL LIABILITY

MALGVEN uses third-party tools and services to operate its Site, including the Shopify platform, payment processors (Shopify Payments, Stripe, PayPal), and other technical providers.

MALGVEN is not responsible for:
- Any interruption, outage, error, or unavailability of the Shopify platform or any other third-party tool;
- The security of payment data, which is processed exclusively by PCI-DSS certified payment processors (Shopify Payments, Stripe, PayPal). MALGVEN never collects, processes, or stores your card details or banking information;
- Any data loss or security incident occurring at the level of third-party infrastructures;
- The content, practices, or availability of third-party websites accessible via links on our Site.

Internet data transmissions carry inherent risks. MALGVEN implements reasonable measures to secure its own systems but cannot guarantee the absolute security of communications over the Internet, as that responsibility partly lies with third-party technical providers.

---

SECTION 3 — ACCURACY OF INFORMATION AND SITE CONTENT

MALGVEN endeavours to keep the information on the Site current and accurate but does not guarantee that all content is free from errors, omissions, or outdated information.

Information presented on the Site (product descriptions, prices, availability) is provided for indicative purposes and may be modified at any time without notice. MALGVEN reserves the right to correct any error, inaccuracy, or omission — including after an order has been placed — and to cancel affected orders without incurring any liability.

Product images and visual representations are presented as accurately as possible. However, MALGVEN cannot guarantee that colours, textures, or materials displayed on your screen exactly match reality, as such variations are inherent to your device settings and do not engage MALGVEN's liability.

---

SECTION 4 — PRICING AND SERVICE MODIFICATIONS

4.1 – Currencies and Price Display

Prices displayed on the Site may be shown in different currencies depending on your country of residence, including:
- Canadian Dollar (CAD) — Canada
- US Dollar (USD) — United States
- Pound Sterling (GBP) — United Kingdom
- Euro (EUR) — France and the European Union
- Australian Dollar (AUD) — Australia

Currency conversion is performed automatically by the Shopify platform and/or your financial institution. MALGVEN is not responsible for exchange rate fluctuations, conversion fees applied by your bank or card issuer, or any discrepancy between the displayed price and the final amount charged due to such conversions. The amount ultimately debited from your account is determined solely by your financial institution, over which MALGVEN has no control.

Prices are subject to change at any time without notice.

4.2 – Taxes, Customs Duties, and Import Fees

All taxes, customs duties, import fees, and any other charges imposed by the authorities of the destination country are the sole responsibility of the customer. MALGVEN does not collect and is not responsible for these charges, which vary according to the local regulations of each country:

- Canada: GST and QST (Quebec), or applicable provincial taxes depending on the delivery province
- United States: applicable state and local sales taxes
- United Kingdom: VAT and customs duties applicable since Brexit
- France / European Union: local VAT applicable depending on the country of delivery
- Australia: GST (Goods and Services Tax) and applicable import duties

MALGVEN cannot be held responsible for any customs refusal, seizure of goods, or additional charges imposed by the customs authorities of the destination country. These charges are non-refundable and will not be covered by MALGVEN under any circumstances.

4.3 – Service Modifications

MALGVEN reserves the right, at any time and without notice, to modify, suspend, or discontinue all or part of the Service, change product prices, or limit or discontinue the offering of certain products. MALGVEN shall not be liable to you or any third party for any such modifications.

---

SECTION 5 — PRODUCTS AND ORDERS

5.1 – Availability

All products are offered subject to availability. MALGVEN reserves the right to limit quantities sold, restrict sales to certain geographic regions, or refuse any order, without obligation to provide justification.

5.2 – Order Accuracy

You are responsible for the accuracy of the information provided when placing an order (delivery address, contact details, etc.). MALGVEN shall not be held liable for delivery delays, errors, or lost parcels resulting from incorrect or incomplete information provided by the customer.

5.3 – Order Confirmation

The order confirmation sent by email does not constitute final acceptance. MALGVEN reserves the right to cancel any order in the event of stock shortage, pricing error, suspected fraud, or any other legitimate reason, without incurring liability beyond a full refund of any amounts collected.

5.4 – Returns and Refunds

Returns and refunds are governed exclusively by MALGVEN's Refund Policy, available on the Site and incorporated by reference into these Terms.

---

SECTION 6 — PAYMENT AND FINANCIAL SECURITY

Payments are processed exclusively by our certified third-party payment providers (Shopify Payments, Stripe, PayPal). MALGVEN never collects, views, or stores your card details or financial data at any point.

Any fraud, unauthorised use of a payment method, or abusive chargeback will be reported to the relevant payment providers and competent authorities. MALGVEN reserves the right to dispute any chargeback initiated in bad faith, submitting all available evidence (order confirmation, delivery tracking, customer communications), and to pursue legal action against any customer found to have committed proven fraud.

---

SECTION 7 — SHIPPING AND DELIVERY

Orders are shipped by independent third-party carriers (Canada Post, DHL, UPS, FedEx, or others). MALGVEN is not responsible for delivery delays, losses, damages, or errors attributable to carriers once the parcel has been handed over to them.

Any delivery delay caused by carriers, customs authorities, force majeure events, or circumstances beyond MALGVEN's control shall not engage MALGVEN's liability.

For international deliveries, customs duties, import taxes, and associated fees are the sole responsibility of the customer. MALGVEN is not responsible for delays or blockages related to customs procedures in the destination country.

For full details, please refer to our Shipping Policy available on the Site.

---

SECTION 8 — FORCE MAJEURE

MALGVEN shall not be held liable for any failure to meet its obligations or any delay in their performance resulting from circumstances beyond its reasonable control, including: natural disasters, pandemics, wars, strikes, transport or communications network disruptions, governmental actions, raw material shortages, third-party provider failures, or any other force majeure event.

In such circumstances, MALGVEN will notify the customer as soon as reasonably possible and will offer, depending on the situation, a deferred shipment, replacement, or refund.

---

SECTION 9 — INTELLECTUAL PROPERTY

All content on the Site — including texts, photographs, images, videos, logos, designs, graphics, and any other creative works — is the exclusive property of MALGVEN or its licensors and is protected by Canadian and international intellectual property and copyright laws.

Any reproduction, copying, distribution, modification, publication, or exploitation of this content, in whole or in part, without MALGVEN's prior written authorisation, is strictly prohibited and may result in legal proceedings.

Access to the Site does not confer any ownership right or licence over the content presented therein.

---

SECTION 10 — PROHIBITED USES

By using our Site, you agree not to:

- Use the Site for any illegal purpose or in violation of these Terms;
- Attempt to circumvent or compromise the Site's security measures;
- Submit false, misleading, or fraudulent information;
- Reproduce, copy, sell, or exploit the Site's content without authorisation;
- Transmit viruses, malware, or any destructive code;
- Collect personal data from other users without their consent;
- Use bots, scripts, or automated tools to access the Site;
- Dispute payments in an abusive or fraudulent manner.

Any violation will result in immediate termination of access to the Services and may give rise to civil or criminal proceedings.

---

SECTION 11 — USER-SUBMITTED CONTENT

If you submit reviews, comments, suggestions, or any other content on our Site, you grant MALGVEN a non-exclusive, worldwide, irrevocable, royalty-free licence to use, reproduce, publish, and modify such content for commercial or promotional purposes.

You represent that the submitted content is accurate, does not infringe any third-party rights, and contains no illegal, defamatory, or offensive material. You are solely responsible for your content. MALGVEN reserves the right to remove any content deemed inappropriate, without notice or obligation to provide justification.

---

SECTION 12 — DISCLAIMER OF WARRANTIES

To the fullest extent permitted by applicable law, the Site, its Services, and the products sold are provided "as is" and "as available," without warranty of any kind, express or implied.

MALGVEN does not warrant that:
- The Site will operate without interruption, securely, or free from errors;
- The products will meet your specific expectations or intended use;
- The information presented on the Site is complete, accurate, or current at all times.

These limitations apply to the extent permitted by consumer protection laws in your country of residence.

---

SECTION 13 — LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, MALGVEN, its officers, employees, and providers shall not be liable for:

- Indirect, incidental, special, punitive, or consequential damages;
- Loss of profits, revenue, data, or business opportunities;
- Damages resulting from the use of or inability to use the Site or the products;
- Damages resulting from acts or omissions of carriers, payment providers, or any other third party.

In all cases, MALGVEN's total liability to you, regardless of the cause, shall be strictly limited to the amount you paid for the relevant order.

These limitations apply without prejudice to the mandatory consumer rights of customers in their country of residence.

---

SECTION 14 — INDEMNIFICATION

You agree to defend, indemnify, and hold harmless MALGVEN, its officers, employees, and providers from and against any claim, lawsuit, loss, damage, cost, and expense (including legal fees) arising from your breach of these Terms, your use of the Site, or your purchases.

---

SECTION 15 — GOVERNING LAW AND JURISDICTION

These Terms are governed by the laws of the Province of Quebec and the applicable federal laws of Canada.

Any dispute arising from or related to these Terms or your use of the Site shall be subject to the exclusive jurisdiction of the competent courts of the Province of Quebec, without prejudice to the mandatory consumer rights applicable in the customer's country of residence under local law.

MALGVEN and the Customer agree to attempt to resolve any dispute amicably before resorting to legal proceedings.

---

SECTION 16 — SEVERABILITY

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

---

SECTION 17 — ENTIRE AGREEMENT

These Terms, together with the policies incorporated by reference (Privacy Policy, Refund Policy, Shipping Policy), constitute the entire agreement between you and MALGVEN and supersede any prior agreements relating to the same subject matter.

---

SECTION 18 — MODIFICATIONS TO THE TERMS

MALGVEN reserves the right to modify these Terms at any time by posting the updated version on the Site. The "Last updated" date will be revised accordingly. Your continued use of the Site following any modifications constitutes your acceptance of the updated Terms.

---

SECTION 19 — CONTACT

For any questions regarding these Terms of Service:

MALGVEN
Email: contact@malgven.ca
Website: malgven.ca

Our team responds within 2 to 5 business days.

---

These Terms have been drafted in accordance with the laws of the Province of Quebec and applicable federal Canadian laws, as well as the requirements of the Shopify, Stripe, and PayPal platforms.