Terms of Service

Last updated: June 23, 2026

Overview

Welcome to Malvish.

The terms “we,” “us,” and “our” refer to Malvish, operated by . We operate this online store and website, including all related information, content, features, tools, products, and services offered through the website (collectively, the “Services”).

Our store is powered by Shopify, which provides the ecommerce platform that enables us to offer the Services to you.

These Terms of Service, together with any policies referenced on our website, describe your rights and responsibilities when accessing or using the Services.

Please read these Terms carefully. They contain important information regarding your legal rights, including limitations of liability and warranty disclaimers.

By visiting our website, creating an account, placing an order, or otherwise accessing or using the Services, you agree to be bound by these Terms of Service and our Privacy Policy.

If you do not agree to these Terms, you must not access or use the Services.

Section 1 – Eligibility, Access, and Accounts

By using the Services, you represent that you are at least the age of majority in your state or jurisdiction of residence.

If you permit a minor dependent to access the Services using a device that you own, purchase, or manage, you accept responsibility for their use of the Services.

To browse our store, create an account, or place an order, you may be required to provide information such as:

• Your name

• Email address

• Billing address

• Shipping address

• Telephone number

• Payment information

You represent that all information you provide is accurate, current, and complete and that you have the legal right to provide and use that information.

You are responsible for protecting your account credentials and for all activity conducted through your account.

You may not sell, transfer, assign, or license your account to another person.

Please contact us immediately if you believe your account has been accessed or used without authorization.

Section 2 – Products and Product Information

We make reasonable efforts to display product descriptions, photographs, measurements, colors, materials, prices, and other information as accurately as possible.

However, product colors and appearance may vary depending on:

• Screen settings

• Device type

• Lighting conditions

• Photography

• Product materials

• Manufacturing or handmade variations

We do not guarantee that every product will appear exactly as displayed on your device.

Minor variations in color, texture, measurements, pattern placement, finish, or construction may not constitute a product defect.

All product descriptions, prices, availability, and other details may be changed at any time without prior notice.

We reserve the right to:

• Discontinue any product

• Limit product quantities

• Restrict sales to certain individuals or locations

• Refuse orders where permitted by law

• Correct product information or pricing errors

Products are offered only while supplies are available.

Section 3 – Orders and Order Acceptance

Placing an order constitutes an offer to purchase products from Malvish.

An order is not considered accepted until we confirm acceptance and successfully process the required payment.

We reserve the right to accept, reject, limit, or cancel an order at our discretion, including where:

• A product is unavailable

• Product or pricing information is incorrect

• Payment cannot be authorized

• Fraud or unauthorized activity is suspected

• The order appears intended for unauthorized resale

• Shipping restrictions prevent fulfillment

• An error affects the order

If we change or cancel an order, we may attempt to notify you using the email address, telephone number, or billing information provided at checkout.

Please review your order carefully before submitting it. Changes or cancellations may not be possible after an order has entered processing or shipment.

Eligible returns and refunds are governed by our Return & Refund Policy.

Unless otherwise agreed in writing, products purchased through our website are intended for personal or household use and not for unauthorized commercial resale or export.

Section 4 – Prices, Payment, and Billing

Product prices, discounts, promotions, and availability may change without notice.

The price charged will generally be the price displayed when your order is submitted and will be confirmed in your order confirmation.

Unless expressly stated otherwise, displayed prices may not include:

• Shipping charges

• Handling charges

• Applicable sales taxes

• Other transaction-related charges

Any applicable charges will be shown at checkout before you complete your purchase.

Promotions, discount codes, or special offers may be subject to separate terms. If promotion terms conflict with these Terms, the specific promotion terms will apply to that promotion.

You agree to provide accurate, current, and complete billing, payment, and account information.

You agree to promptly update your information when necessary so that we can process transactions and communicate with you.

By providing payment information, you represent that:

• The information is accurate and complete

• You are authorized to use the selected payment method

• The payment provider will honor the charges

• You will pay all charges associated with your order

We may use third-party payment processors. Your payment information may be processed in accordance with the payment provider’s own terms and privacy policy.

Section 5 – Shipping and Delivery

Orders are subject to the processing times, shipping fees, delivery estimates, and other conditions described in our Shipping Policy.

Delivery dates are estimates and are not guaranteed.

We are not responsible for delays caused by circumstances outside our reasonable control, including:

• Shipping carrier disruptions

• Severe weather

• Public holidays

• Incorrect or incomplete addresses

• High shipping volumes

• Transportation interruptions

• Government actions

• Other unforeseen events

Customers are responsible for providing a complete and accurate shipping address.

Please contact us promptly if you discover an error in your shipping details. We cannot guarantee that an address can be changed after an order has entered processing or shipment.

Section 6 – Returns, Refunds, and Cancellations

Returns, refunds, replacements, and exchanges are governed by our Return & Refund Policy.

You must contact us and obtain approval before returning a product. Unauthorized returns may not be accepted or refunded.

Order cancellation requests should be submitted as soon as possible. We cannot guarantee that an order can be cancelled after processing has begun.

Original shipping fees may be non-refundable except where otherwise stated in our policies or required by law.

Section 7 – Intellectual Property

The Services and their contents are owned by or licensed to Malvish, AVERILYNN INC, Shopify, or the applicable rights holders.

Protected content may include:

• Brand names

• Logos

• Product names

• Text and written content

• Product descriptions

• Photographs

• Graphics and illustrations

• Videos and audio

• Website layouts

• Designs

• Icons

• Software

• Customer reviews

• Other website materials

The content is protected by applicable copyright, trademark, and other intellectual property laws.

You may access and use the Services for lawful, personal, and non-commercial purposes only.

Without our prior written permission, you may not:

• Copy or reproduce website content

• Republish or distribute content

• Modify or create derivative works

• Download or store content for commercial purposes

• Sell or exploit any part of the Services

• Use our trademarks, logos, or brand identity

• Remove copyright or ownership notices

No rights or licenses are granted except as expressly stated in these Terms.

Shopify’s trademarks and intellectual property remain the property of Shopify. Other third-party names and trademarks belong to their respective owners.

Section 8 – Optional and Third-Party Tools

We may provide access to tools, applications, or features operated by third parties.

We may not monitor, control, or have input over these tools.

Third-party tools are provided on an “as is” and “as available” basis without warranties, representations, or endorsements from us.

Your use of third-party tools is at your own discretion and risk. You are responsible for reviewing and accepting the terms and privacy policies of the relevant third-party providers.

We may introduce new tools, features, or services in the future. Such additions will be considered part of the Services and will be subject to these Terms.

Section 9 – Third-Party Websites and Links

The Services may contain links to websites, platforms, applications, or services operated by third parties.

We do not control and are not responsible for evaluating or guaranteeing:

• Third-party content

• Product accuracy

• Website security

• Privacy practices

• Products or services

• Business conduct

Accessing a third-party website is at your own risk.

We are not responsible for any loss, damage, dispute, or issue resulting from your use of, reliance on, or purchase through a third-party website.

Questions or complaints regarding third-party products or services should be directed to the relevant third party.

Section 10 – Relationship With Shopify

Malvish is powered by Shopify, which provides the ecommerce platform used to operate the Services.

However, purchases made through our store are transactions directly between you and Malvish, operated by AVERILYNN INC.

Shopify is not the seller of our products and is not responsible for:

• Our products

• Product quality or safety

• Order fulfillment

• Shipping or delivery

• Returns or refunds

• Customer service

• Loss or damage connected with your purchase

To the fullest extent permitted by law, you release Shopify and its affiliates from claims arising directly from transactions between you and Malvish.

Section 11 – Privacy

Personal information collected through the Services is processed in accordance with our Privacy Policy.

Because our store is hosted by Shopify, Shopify may collect and process information about your access to and use of the Services.

Information submitted through the Services may be shared with Shopify and relevant service providers to process payments, fulfill orders, prevent fraud, provide customer support, operate the website, and improve the Services.

By using the Services, you acknowledge that you have reviewed our Privacy Policy.

Section 12 – Reviews, Feedback, and User Content

If you submit a review, comment, image, suggestion, proposal, idea, or other content to us (collectively, “Feedback”), you grant Malvish a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to:

• Use

• Reproduce

• Modify

• Adapt

• Publish

• Translate

• Distribute

• Display

• Promote

the Feedback in any media for lawful business and promotional purposes.

You represent that:

• You own the Feedback or have permission to submit it

• The Feedback is accurate to the best of your knowledge

• The Feedback does not violate another person’s rights

• Any compensation or incentive connected with the Feedback has been disclosed

• The Feedback complies with these Terms

You must not submit content that:

• Is false or misleading

• Is defamatory, abusive, threatening, or obscene

• Violates copyright, trademark, privacy, or other rights

• Contains malware, viruses, or harmful code

• Impersonates another person

• Misrepresents the source of the content

We may review, edit, refuse, or remove Feedback at our discretion, but we are not required to monitor all user-submitted content.

You remain responsible for your Feedback and its accuracy.

Section 13 – Errors, Inaccuracies, and Omissions

Information on the Services may occasionally contain typographical errors, inaccuracies, or omissions relating to:

• Product descriptions

• Product images

• Prices

• Discounts

• Promotions

• Availability

• Shipping fees

• Delivery estimates

We reserve the right to correct errors, change or update information, and cancel affected orders at any time, including after an order has been submitted.

If an order is cancelled after payment due to an error, the applicable payment will be refunded.

Section 14 – Prohibited Uses

You may use the Services only for lawful purposes.

You must not use the Services:

• For unlawful, fraudulent, or malicious purposes

• To violate applicable laws or regulations

• To infringe intellectual property or privacy rights

• To harass, threaten, abuse, defame, or harm another person

• To submit false or misleading information

• To impersonate another person or entity

• To send spam, phishing messages, or unauthorized promotions

• To upload viruses, malware, or harmful code

• To interfere with the security or operation of the Services

• To collect personal information about others without permission

• To copy, scrape, extract, sell, or exploit website content

• To bypass security, access restrictions, or technical protections

• To access accounts, systems, or information without authorization

You may not use automated systems, bots, scraping tools, or similar processes to access or extract information from the Services without our prior written permission.

We may restrict, suspend, or terminate access to the Services if we reasonably believe these Terms have been violated.

Section 15 – Suspension and Termination

We may suspend or terminate your account or access to all or part of the Services where:

• You violate these Terms

• Fraudulent or unlawful activity is suspected

• Your actions create security or legal risks

• You misuse the Services

• Termination is otherwise permitted by law

You remain responsible for amounts owed before termination.

Provisions relating to intellectual property, Feedback, warranty disclaimers, limitations of liability, indemnification, governing law, and any provisions that by their nature should survive will remain effective after termination.

Section 16 – Disclaimer of Warranties

To the fullest extent permitted by law, the Services and products are provided on an “as is” and “as available” basis unless we expressly state otherwise.

We do not guarantee that:

• The Services will always be available

• The Services will be uninterrupted or error-free

• Website information will always be complete or current

• All technical problems will be corrected immediately

• Products will meet every individual expectation

To the fullest extent permitted by law, we disclaim implied warranties, including warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

Nothing in these Terms excludes any warranty or consumer right that cannot legally be excluded.

Section 17 – Limitation of Liability

To the fullest extent permitted by applicable law, Malvish, AVERILYNN INC, Shopify, and our respective affiliates, officers, directors, employees, contractors, agents, service providers, and licensors will not be liable for indirect, incidental, special, punitive, or consequential damages arising from or connected with:

• Your use or inability to use the Services

• Products purchased through the Services

• Loss of profits or revenue

• Loss of savings

• Loss of data

• Replacement costs

• Reliance on website content

• Errors or omissions in the Services

• Unauthorized account access

• Third-party websites or services

This limitation applies whether the claim is based on contract, negligence, tort, strict liability, or another legal theory, even if the possibility of damage was known.

Some jurisdictions do not allow certain exclusions or limitations. In such jurisdictions, our liability will be limited only to the maximum extent permitted by law.

Nothing in these Terms limits liability where doing so would be unlawful.

Section 18 – Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Malvish, AVERILYNN INC, Shopify, and our respective affiliates, officers, directors, employees, agents, contractors, licensors, and service providers from third-party claims, losses, damages, liabilities, and reasonable legal costs arising from:

• Your breach of these Terms

• Your violation of applicable law

• Your infringement of another person’s rights

• Your unlawful or improper use of the Services

• Content or Feedback submitted by you

We may assume control of the defense of an indemnified claim where permitted by law. You agree to reasonably cooperate with the defense.

Section 19 – Severability

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law.

The unenforceable portion will be treated as severed, and the remaining provisions will continue in full force and effect.

Section 20 – Waiver and Entire Agreement

Our failure to exercise or enforce any right or provision does not constitute a waiver of that right or provision.

These Terms and any policies posted on the website constitute the entire agreement between you and us concerning your use of the Services.

They replace prior or contemporaneous agreements, communications, or proposals concerning the same subject matter.

Any ambiguity will not automatically be interpreted against the party that drafted the Terms.

Section 21 – Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent.

We may assign or transfer our rights and obligations in connection with a business transaction, restructuring, sale, merger, or as otherwise permitted by law.

Section 22 – Governing Law

These Terms and any separate agreements under which we provide the Services will be governed by the applicable laws of the United States and the State of Wyoming, without regard to conflict-of-law principles.

To the extent permitted by law, disputes will be subject to the jurisdiction of the appropriate state or federal courts located in Wyoming.

Nothing in this section limits any mandatory consumer protection rights that apply in your place of residence.

Section 23 – Headings

Section headings are included for convenience and organization only. They do not limit or otherwise affect the interpretation of these Terms.

Section 24 – Changes to These Terms

We may update, change, or replace these Terms from time to time to reflect changes in:

• Our Services

• Our business practices

• Applicable laws

• Operational requirements

The latest version will be posted on this page with an updated revision date.

Where required by law, we will provide notice of material changes.

Your continued use of the Services after updated Terms become effective constitutes acceptance of the revised Terms.

Section 25 – Contact Information

Questions about these Terms of Service may be sent to:

Store Name: Malvish
Email: support@malvish.com

AVERILYNN INC

8100 S AKRON ST NUM 342
CENTENNIAL, CO 80112
United States