Terms & Conditions
OVERVIEW
Welcome to The Malvern Company! The terms “we,” “us,” and “our” refer to The Malvern Company. We operate this website and online store (the “Services”) to provide you with a curated shopping experience, including all features, content, tools, and products offered via our site. The Malvern Company is powered by Shopify, our e-commerce platform provider.
These Terms of Service (“Terms”) outline your rights and responsibilities when using the Services. Please read them carefully as they contain important information, including warranty disclaimers and limitations of liability.
By accessing or using our Services, you agree to be bound by these Terms and our [Privacy Policy]([INSERT LINK]). If you do not agree, you must not use the Services.
SECTION 1 – ACCESS AND ACCOUNT
By using our Services, you confirm you are at least the age of majority in your jurisdiction, or that you have consented to allow any minor dependents to use the Services under your supervision.
You may be asked to provide personal details (e.g., email address, billing/shipping info) to complete purchases. You agree that the information you provide is accurate, current, and complete, and that you have the right to provide it.
You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Your account is non-transferable.
SECTION 2 – OUR PRODUCTS
We aim to present our products and services as accurately as possible. However, device display settings may cause product colors or details to appear differently.
We do not guarantee that products will meet your expectations exactly as depicted. Product descriptions and pricing are subject to change without notice, and we reserve the right to limit or discontinue products at our sole discretion.
SECTION 3 – ORDERS
Placing an order constitutes an offer to purchase. Orders are subject to acceptance and availability. Your order is only confirmed once we have accepted it and processed your payment.
We may cancel or refuse orders at our discretion. If so, we will contact you using the information provided during checkout.
All purchases are subject to our [Returns Policy]([INSERT LINK]). Products are for personal use only and not for resale or export.
SECTION 4 – PRICES AND BILLING
All prices are shown in the applicable currency and exclude taxes, shipping, handling, and customs fees unless otherwise stated.
We reserve the right to update pricing and promotional offers without notice. Promotions may be subject to separate terms, which will prevail in case of conflict with these Terms.
You agree to provide accurate, complete billing information and update it as needed. You represent that you are authorized to use the provided payment method and agree to pay all associated charges, including applicable taxes.
SECTION 5 – SHIPPING AND DELIVERY
Shipping times are estimated and not guaranteed. We are not liable for delays caused by carriers, customs, or other external factors.
Risk of loss passes to you once the product is handed over to the carrier. For full details, please refer to our [Shipping Policy]([INSERT LINK]).
SECTION 6 – INTELLECTUAL PROPERTY
All content on our site — including text, logos, graphics, images, video, and design — is the intellectual property of The Malvern Company or its licensors and is protected by applicable copyright, trademark, and other intellectual property laws.
You may not copy, reproduce, modify, distribute, or exploit any part of the Services without our written consent.
Trademarks, including “The Malvern Company” name and logo, may not be used without permission. All third-party trademarks are the property of their respective owners.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools or services. These are offered "as is" without warranties or endorsement.
Use of these tools is entirely at your own risk. We recommend reviewing the terms provided by the relevant third party before using such tools.
SECTION 8 – THIRD-PARTY LINKS
Our Services may contain links to third-party websites or features. We are not responsible for the accuracy or content of these external sites, nor do we endorse them.
Engagement with third-party websites is at your own risk and subject to their own terms and privacy policies.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
The Malvern Company uses Shopify to host our website and provide e-commerce functionality. Shopify is not responsible for your purchases — these are direct transactions between you and The Malvern Company.
You agree that Shopify is not liable for any claims related to your use of our Services or the products you purchase.
SECTION 10 – PRIVACY POLICY
We handle your data in accordance with our [Privacy Policy]([INSERT LINK]). Because we use Shopify, your information may also be shared and processed by Shopify and its third-party providers.
By using our Services, you agree to the terms set out in both our Privacy Policy and Shopify’s Privacy Policy.
SECTION 11 – FEEDBACK
By submitting reviews, feedback, or suggestions (“Feedback”), you grant us the right to use that content royalty-free, worldwide, and in perpetuity for any purpose.
You agree that your Feedback will not infringe any rights of others and will not contain illegal, defamatory, or harmful content.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
We reserve the right to correct errors or inaccuracies in product information, pricing, or availability at any time without notice, including after an order has been submitted.
SECTION 13 – PROHIBITED USES
You agree not to use the Services for any unlawful, harmful, or abusive purpose. Prohibited activities include (but are not limited to):
Infringing intellectual property rights
Uploading malicious code or malware
Collecting personal data without consent
Impersonating others
Violating laws or regulations
We reserve the right to terminate accounts or block access for any misuse.
SECTION 14 – TERMINATION
We may suspend or terminate your access to the Services at any time, without notice. Termination does not relieve you of any outstanding obligations or liabilities.
Sections that reasonably survive termination will remain in effect.
SECTION 15 – DISCLAIMER OF WARRANTIES
The Services and all products are provided “as is” and “as available” without warranties of any kind. We do not guarantee uninterrupted or error-free service.
To the extent permitted by law, we disclaim all warranties, including merchantability, fitness for a particular purpose, and non-infringement.
SECTION 16 – LIMITATION OF LIABILITY
To the maximum extent permitted by law, The Malvern Company shall not be liable for any indirect, incidental, punitive, or consequential damages, including loss of profits or data, arising from your use of the Services or products purchased.
SECTION 17 – INDEMNIFICATION
You agree to indemnify and hold harmless The Malvern Company, Shopify, and their affiliates from any claims, liabilities, or expenses arising out of your violation of these Terms or misuse of the Services.
SECTION 18 – SEVERABILITY
If any part of these Terms is found to be unlawful or unenforceable, the rest shall remain in effect.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
Failure to enforce any provision shall not be deemed a waiver. These Terms, along with our policies, represent the entire agreement between you and The Malvern Company.
SECTION 20 – ASSIGNMENT
You may not transfer your rights or obligations under these Terms without our written consent. We may transfer or assign these Terms without notice.
SECTION 21 – GOVERNING LAW
These Terms are governed by the laws of England and Wales. You agree to submit to the exclusive jurisdiction of the courts located in the United Kingdom.
SECTION 22 – HEADINGS
Headings are provided for convenience and do not affect interpretation.
SECTION 23 – CHANGES TO TERMS
We may update these Terms at any time. It is your responsibility to check this page for changes. Continued use of the Services after changes are posted constitutes your acceptance of the revised Terms.
SECTION 24 – CONTACT INFORMATION
For any questions regarding these Terms of Service, please contact us:
The Malvern Company