Terms of service

OVERVIEW
Welcome to MALENA INDUSTRIES. The terms “we”, “us” and “our” refer to MALENA INDUSTRIES. We operate this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Our store is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service (the “Terms”) describe your rights and responsibilities when using the Services. By visiting, interacting with, or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, do not use or access the Services.

MALENA INDUSTRIES is a trading name used by Ryan Malena Davis. All references in these Terms to ‘MALENA INDUSTRIES,’ ‘we,’ ‘us,’ and ‘our’ refer to the sole proprietorship owned and operated by Ryan Malena Davis. As such, all rights, responsibilities, and obligations under these Terms apply to and are enforceable by Ryan Malena Davis individually.

SECTION 1 – ACCESS AND ACCOUNT
By using the Services, you represent that you are at least the age of majority in your state or province of residence, and that you consent to allow any minor dependents to use the Services on devices you own or manage.

To use the Services—such as browsing our store or purchasing products—you may be asked to provide information such as your email address, billing details, payment information, and shipping information. You represent that all information you provide is accurate, current, and complete.

You are responsible for maintaining the security of your account credentials and for all activity under your account. You may not sell, transfer, or license your account to any other person.

SECTION 2 – OUR PRODUCTS
Our store sells limited-run art prints and related products. We make every effort to represent our prints accurately. However, colors, tones, and appearance may vary slightly from what you see on your device due to screen settings, calibration, or lighting. Minor variations in color, cropping, or paper texture are not considered defects.

All descriptions of products are subject to change without notice. We may discontinue any product at any time and may limit quantities or restrict orders at our discretion.

SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. MALENA INDUSTRIES reserves the right to accept or decline any order. Your order is not accepted until we confirm acceptance and process your payment. Please review your order carefully before submitting, as cancellation requests may not be possible once an order is accepted.

Your purchases are subject to our Refund Policy, which generally provides that all sales are final except in the case of damaged or incorrect items.

You represent that your purchases are for personal use only and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING
Prices, discounts, and promotions may change at any time without notice. The price charged for a product will be the price in effect at the time your order is placed. Posted prices do not include taxes, shipping, handling, customs, or import charges unless stated otherwise.

You agree to provide accurate, current purchase and payment information and to promptly update information as needed to complete transactions.

You represent that:
(i) the payment information you provide is true and authorized,
(ii) you are permitted to use the payment method provided,
(iii) charges will be honored by your payment provider, and
(iv) you will pay all amounts due at the posted prices.

SECTION 5 – SHIPPING AND DELIVERY
All delivery times are estimates and are not guaranteed. We are not responsible for delays caused by carriers, customs, or events outside our control.

Once we transfer products to the carrier, title and risk of loss pass to you, except as described in our Refund Policy for items that arrive damaged or incorrect.

SECTION 6 – INTELLECTUAL PROPERTY
All content on the Services, including images, graphics, text, product designs, trademarks, and layout, is owned by MALENA INDUSTRIES or its licensors and is protected by intellectual property laws.

You may use the Services for personal, non-commercial use only. You may not copy, modify, reproduce, distribute, display, or create derivative works without our written permission.

All trademarks associated with MALENA INDUSTRIES are our property. Shopify’s trademarks are the property of Shopify. Other trademarks belong to their respective owners.

SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools offered “as is” without warranties or conditions. We have no liability arising from your use of such tools. Use them at your own risk and ensure you understand the terms provided by the third-party provider.

SECTION 8 – THIRD-PARTY LINKS
The Services may include links to third-party websites or content. We do not monitor or control third-party sites and are not responsible for their accuracy, content, or policies. Access third-party sites at your own risk.

SECTION 9 – RELATIONSHIP WITH SHOPIFY
MALENA INDUSTRIES is powered by Shopify, but all sales in our store are made directly between you and MALENA INDUSTRIES. Shopify is not responsible for your purchases or any issues arising from them. You release Shopify from all claims related to your transactions with MALENA INDUSTRIES.

SECTION 10 – PRIVACY POLICY
Personal information collected through the Services is subject to our Privacy Policy and Shopify’s Privacy Policy. Information may be transmitted to Shopify and third-party partners in order to provide the Services.

SECTION 11 – FEEDBACK
If you submit reviews, suggestions, or other content (“Feedback”), you grant us a non-exclusive, worldwide, royalty-free license to use and display that Feedback for the purpose of operating, promoting, and improving our store and Services.

You represent that you own the rights to any Feedback submitted and that it does not violate third-party rights. We may remove or edit Feedback at our discretion.

SECTION 12 – ERRORS AND INACCURACIES
Occasionally information in the Services may contain errors or inaccuracies, including pricing, product descriptions, or availability. We reserve the right to correct such errors and to cancel orders if needed.

SECTION 13 – PROHIBITED USES
You may use the Services only for lawful purposes. Prohibited activities include, but are not limited to:
• unlawful or malicious activity
• violating intellectual property rights
• harassing or harming others
• submitting false information
• transmitting spam or malicious code
• attempting to circumvent security
• scraping or data mining
• interfering with the operation of the Services

We may suspend or terminate access for violations of these Terms.

SECTION 14 – TERMINATION
We may terminate your access to the Services at any time without notice. You remain responsible for all charges incurred before termination. Sections intended to survive termination will continue to apply.

SECTION 15 – DISCLAIMER OF WARRANTIES
The Services and all products are provided “as is” and “as available.” We make no warranties of any kind, express or implied, regarding the Services or products. Use the Services at your own risk.

SECTION 16 – LIMITATION OF LIABILITY
To the fullest extent permitted by law, MALENA INDUSTRIES and its affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Services or products.

SECTION 17 – INDEMNIFICATION
You agree to indemnify and hold MALENA INDUSTRIES (and Shopify) harmless from claims arising out of your use of the Services or violation of these Terms.

SECTION 18 – SEVERABILITY
If any provision of these Terms is deemed invalid, the remaining provisions will continue in full force.

SECTION 19 – WAIVER; ENTIRE AGREEMENT
Failure to enforce any right does not constitute a waiver. These Terms and referenced policies form the entire agreement between you and us.

SECTION 20 – ASSIGNMENT
You may not transfer or assign your rights under these Terms. We may assign our rights without notice.

SECTION 21 – GOVERNING LAW
These Terms are governed by the laws of the State of California. You agree to exclusive jurisdiction in the state and federal courts located in Los Angeles County, California.

SECTION 22 – HEADINGS
Headings are for convenience only and do not affect interpretation.

SECTION 23 – CHANGES TO TERMS OF SERVICE
We may update these Terms at any time. Your continued use of the Services following changes constitutes acceptance of the revised Terms.

SECTION 24 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to:
ry@malenaindustries.com

Business Information:
Trading Name: MALENA INDUSTRIES
Email: ry@malenaindustries.com
Address: P.O. Box 426Burbank, CA 91503

Phone Number: +1 424 422 1940