Terms of Service

Last Updated: October 1, 2025

Overview

This website is operated by Mala Pata. Throughout the site, the terms "we", "us", and "our" refer to Mala Pata. Mala Pata offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and contributors of content.

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

Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service 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. Your continued use of or access to the website following any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you.

Section 1 – Online Store Terms

By agreeing to these Terms of Service, 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 in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction, including but not limited to copyright laws. You must not transmit any worms, viruses, or any code of a destructive nature. A breach or violation of any of the Terms will result in immediate termination of your Services.

Section 2 – General Conditions

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information) may be transferred unencrypted and involve transmissions over various networks and changes to conform to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission.

Section 3 – Accuracy, Completeness, and Timeliness of Information

We are not responsible if information on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions. This site may contain certain historical information, which is provided for reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information. You agree that it is your responsibility to monitor changes to our site.

Section 4 – Modifications to the Service and Prices

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service without notice. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

Section 5 – Products or Services

Certain products or services may be available exclusively online through the website. These may have limited quantities and are subject to return or exchange only according to our Returns Policy. We make every effort to display products accurately, but we cannot guarantee your device's display of any color will be accurate. We reserve the right to limit sales of our products or Services to any person, geographic region, or jurisdiction. We do not warrant that the quality of products, services, information, or other material purchased will meet your expectations.

Section 6 – Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may limit or cancel quantities purchased per person, per household, or per order. Restrictions may apply to orders placed under the same account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we cancel or change an order, we may notify you by contacting the email, billing address, or phone number provided at the time the order was made. You agree to provide current, complete, and accurate purchase and account information for all transactions made at our store. You agree to promptly update your account details, including email address and payment information, so that we can complete your transactions and contact you as needed.

Section 7 – Shipping, Returns, and Refunds

Shipping times may vary depending on your location and product availability. You are responsible for providing accurate shipping information. We are not responsible for lost or delayed shipments caused by incorrect addresses or third-party carriers.

Returns and refunds are subject to our Returns Policy. Please review it carefully to understand eligibility, conditions, and timeframes for returns. Certain items may be non-returnable or subject to restocking fees.

Section 8 – Taxes and Duties

All prices are listed in US Dollars. You are responsible for all applicable taxes, customs duties, and import fees associated with your order. These may not be included in the product price and may be charged by your local customs office.

Section 9 – Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have control. You acknowledge and agree that we provide access to such tools "as is" and "as available" without warranties or liability. Any use of optional tools is entirely at your own risk. New features or services will also be subject to these Terms of Service.

Section 10 – Third-Party Links

Certain content, products, and services available through our Service may include materials from third parties. Links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating their content or accuracy. Any issues related to third-party products or services should be directed to the third-party provider.

Section 11 – Intellectual Property

All content on this site, including text, graphics, logos, product images, designs, and software, is the property of Mala Pata or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any part of this website without our express written consent.

Section 12 – User Comments, Feedback, and Other Submissions

If you submit comments, suggestions, or creative ideas, you agree that we may use them without restriction. We are under no obligation to maintain comments in confidence, pay compensation, or respond. You agree that your comments will not violate any right of a third party, including copyright, trademark, privacy, or personality rights.

Section 13 – Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

Section 14 – Errors, Inaccuracies, and Omissions

Occasionally, information on our site may contain typographical errors or omissions that relate to product descriptions, pricing, promotions, and offers. We reserve the right to correct errors and update information at any time without prior notice, including after you have submitted your order.

Section 15 – Prohibited Uses

In addition to other prohibitions set out in these Terms, you are prohibited from using the site or its content for unlawful purposes, to solicit others to perform unlawful acts, to violate laws, to infringe on intellectual property rights, to harass or discriminate, to upload viruses, to collect personal data of others, to spam, or to interfere with the security features of the Service. We reserve the right to terminate your use of the Service for engaging in any prohibited uses.

Section 16 – Disclaimer of Warranties; Limitation of Liability

We do not guarantee that the Service will be uninterrupted, timely, secure, or error-free. You expressly agree that your use of the Service is at your sole risk. Products and services are provided "as is" and "as available," without warranties of any kind. To the maximum extent permitted by law, our liability shall not exceed the amount paid by you for the product or service at issue. Because some jurisdictions do not allow limitations of liability, in such cases, our liability shall be limited to the maximum extent permitted by law.

Section 17 – Indemnification

You agree to indemnify and hold harmless Mala Pata, affiliates, officers, directors, agents, and employees from any claim or demand arising out of your breach of these Terms or your violation of any law or rights of a third party.

Section 18 – Account Termination or Suspension

We may suspend or terminate your account at our sole discretion if we believe that you have engaged in fraudulent activity, violated these Terms, or otherwise created risk or possible legal exposure for us.

Section 19 – Force Majeure

We shall not be held liable or responsible for any failure or delay in performance caused by circumstances beyond our reasonable control, including but not limited to natural disasters, strikes, labor disputes, supply chain interruptions, government actions, pandemics, or failures of internet or telecommunications providers.

Section 20 – Severability

If any provision of these Terms is determined to be unlawful or unenforceable, the remaining provisions shall remain valid and enforceable.

Section 21 – Entire Agreement

These Terms and any policies posted on this site constitute the entire agreement between you and us and supersede any prior agreements, communications, or proposals, whether written or oral.

Section 22 – Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the state of California, U.S.A. Any disputes arising under these Terms shall be resolved first through good-faith negotiations. If resolution cannot be reached, the dispute shall be submitted to binding arbitration in the state of California, except where prohibited by law.

Section 23 – Changes to Terms of Service

You can review the most current version of these Terms at any time on this page. We reserve the right to update or change these Terms by posting updates to our website. Your continued use of the website constitutes acceptance of those changes.

Section 24 – Contact Information

Questions about the Terms of Service should be sent to us at contact@quemalapata.com.