Terms of service
Yes. I’d replace this version rather than lightly edit it. The Shopify template is useful, but it has several US/default lines that do not fit Cutiemalta, especially “state or province”, “U.S. and foreign laws”, “customs/import charges”, “risk passes to you once carrier gets it”, and the governing law section.
Here is a cleaner Malta-ready version:
Terms of Service
Overview
This website is operated by Cutiemalta. Throughout the site, the terms “we”, “us” and “our” refer to Cutiemalta.
Cutiemalta is a Malta-based online store offering authentic cute collectibles, lifestyle products, and related items to customers in Malta. Our website and store are powered by Shopify, which helps us provide our online shopping service.
By visiting our website, browsing our products, placing an order, or using any part of our store, you agree to these Terms of Service, together with our Privacy Policy, Return Policy, Shipping Policy, and any other policies linked on our website.
If you do not agree with these Terms, you should not use our website or place an order with us.
1. Eligibility and Account Information
You must be at least 18 years old, or have permission from a parent or legal guardian, to place an order with Cutiemalta.
When you place an order or create an account, you agree to provide accurate and complete information, including your name, email address, billing details, delivery details, and payment information.
You are responsible for keeping your account login details secure and for any activity that takes place under your account.
2. Our Products
We do our best to show and describe our products accurately. However, product colours, packaging, size, finish, or small details may appear slightly different depending on your screen, device settings, supplier updates, or product batch.
For blind boxes and sealed collectibles, the item inside is usually random unless the product page clearly says otherwise. Purchasing a blind box does not guarantee a specific character, figure, or design.
Product descriptions, prices, images, and availability may be updated at any time. We may also limit quantities, discontinue products, or refuse orders where there is a stock issue, pricing error, suspected misuse, or another valid reason.
3. Orders
When you place an order, you are making an offer to buy the products in your cart. Your order is accepted only once we confirm and process it.
Please check your order details carefully before submitting your order. If you need to change or cancel an order, contact us as soon as possible at info@cutiemalta.com. We cannot guarantee that changes or cancellations will be possible once an order has been processed or prepared.
If we cannot accept your order, or if we need to cancel it, we will contact you using the details provided at checkout. If payment has already been taken, we will issue a refund where appropriate.
Products sold by Cutiemalta are intended for personal use and gifting, not for commercial resale or export.
4. Prices and Payment
All prices are shown in euro. Prices, offers, discounts, and promotions may change without notice.
The price charged will be the price shown at checkout when you place your order, unless there is an obvious pricing error. Delivery charges, where applicable, will be shown before you complete your purchase.
You agree to provide current, complete, and accurate payment and billing information. By submitting payment details, you confirm that you are authorised to use the payment method provided.
5. Delivery and Pickup
Cutiemalta delivers within Malta only. We do not currently ship outside Malta.
Delivery times are estimates and may be affected by stock availability, courier schedules, public holidays, traffic, weather, or other factors outside our control. We will do our best to keep you updated if there is a delay.
Where local pickup is offered, pickup details and instructions will be provided separately. Our Gzira address is used for pickup and returns where applicable; it is not necessarily a browse-and-buy retail shop unless we clearly state otherwise.
6. Returns, Cancellations, and Consumer Rights
Returns, refunds, and cancellations are handled in line with our Return Policy.
Nothing in these Terms limits your rights under applicable Maltese or European Union consumer law, including your rights in relation to faulty, damaged, incorrect, or misdescribed goods, and your right of withdrawal for eligible online purchases.
7. Intellectual Property
The content on this website, including text, images, product presentation, graphics, branding, layout, and design, belongs to Cutiemalta or is used with permission from the relevant rights holders.
You may use our website for personal, non-commercial shopping purposes only. You may not copy, reproduce, distribute, modify, publish, sell, or use our website content for commercial purposes without our written permission.
Brand names, character names, product names, logos, and trademarks shown on our website remain the property of their respective owners.
8. Third-Party Services and Links
Our store is powered by Shopify and may use third-party services for payments, analytics, delivery, marketing, reviews, or other store functions.
Our website may also include links to third-party websites. We are not responsible for the content, policies, or practices of third-party websites or services. You should review their terms and policies before using them.
9. Shopify
Cutiemalta is powered by Shopify, which enables us to operate our online store. Any purchase you make through our store is made directly with Cutiemalta.
By using our website, you understand that Shopify is not responsible for the sale, delivery, quality, return, refund, or handling of products purchased from Cutiemalta.
10. Privacy
Your use of our website is also governed by our Privacy Policy, which explains how personal information is collected, used, shared, and protected.
Because our store is hosted by Shopify, Shopify may also collect and process personal information as part of providing the store platform and related services.
You can view our Privacy Policy here: [insert Privacy Policy link]
11. Reviews, Comments, and Feedback
If you send us feedback, reviews, suggestions, photos, messages, or other content, you confirm that the content is yours or that you have permission to share it.
You agree that we may use feedback or reviews you provide to improve, operate, and promote Cutiemalta, including on our website, social media, or marketing materials, unless you tell us otherwise.
You must not send or post content that is unlawful, abusive, misleading, defamatory, obscene, spam, or that infringes someone else’s rights.
We may remove or reject content where we believe it is inappropriate, unlawful, misleading, or harmful to Cutiemalta, our customers, or third parties.
12. Errors and Availability
Sometimes information on our website may contain errors, including product descriptions, images, pricing, promotions, delivery information, or availability.
We reserve the right to correct errors, update information, cancel orders, or refuse orders where information on the website was inaccurate. If this affects an order you have already placed, we will contact you as soon as reasonably possible.
13. Prohibited Use
You may not use our website or services:
- For unlawful, fraudulent, or harmful purposes
- To violate any law or regulation
- To infringe our rights or the rights of others
- To submit false, misleading, or harmful information
- To interfere with the security or proper operation of the website
- To upload or transmit viruses, malware, or harmful code
- To scrape, copy, resell, or exploit any part of the website without permission
- To harass, abuse, insult, threaten, or harm any person
We may suspend or block access to our website where we reasonably believe these Terms have been breached.
14. Disclaimer
We aim to keep our website accurate, available, and working properly, but we cannot promise that it will always be uninterrupted, error-free, or free from technical issues.
To the fullest extent allowed by law, Cutiemalta is not responsible for losses caused by misuse of the website, technical interruptions, unauthorised access, or events outside our reasonable control.
Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including your statutory consumer rights.
15. Limitation of Liability
To the fullest extent allowed by law, Cutiemalta will not be liable for indirect, incidental, special, or consequential losses arising from your use of the website or purchase of products from us.
This does not affect any rights you have under applicable Maltese or European Union consumer law, including rights relating to faulty, damaged, incorrect, or misdescribed goods.
16. Indemnity
You agree to be responsible for losses, claims, or expenses suffered by Cutiemalta where they arise from your unlawful use of the website, your breach of these Terms, or your violation of another person’s rights.
This section applies only to the extent permitted by law.
17. Termination
We may suspend or end your access to our website if we reasonably believe you have breached these Terms or used the website in a harmful, unlawful, or abusive way.
Any obligations that should reasonably continue after termination will remain in effect.
18. Severability
If any part of these Terms is found to be unlawful, invalid, or unenforceable, the remaining parts will continue to apply.
19. Waiver
If we do not immediately enforce a right under these Terms, this does not mean we give up that right.
20. Changes to These Terms
We may update these Terms from time to time. The latest version will always be available on this page.
Where required by law, we will notify customers of material changes. Your continued use of our website after changes are posted means you accept the updated Terms.
21. Governing Law
These Terms are governed by the laws of Malta, together with applicable European Union law.
Any disputes will be handled by the competent courts or authorities in Malta, unless applicable consumer law gives you the right to bring a claim elsewhere.
22. Contact Information
Questions about these Terms of Service can be sent to:
Cutiemalta
Triq Sir Patrick Stuart 91, FL2
Il-Gżira GZR 1054
Malta
Email: info@cutiemalta.com