Terms of Use
Effective June 18th, 2024
Your use of www.malou-studio.com (»Website«) is conditioned upon Your acceptance of these legal terms of use including our privacy policy.
Malou Studio reserves the right, in its sole discretion, to modify or update these legal terms of use from time to time with immediate effect and without advance notice to You. It is Your responsibility to review these legal terms of use periodically for updates. Please check the Terms and Conditions each time you visit the Website for the most current version and information.
After reading these legal terms and conditions of use, if for any reason you do not agree with or cannot abide by these terms of use or our privacy policy, please exit this website. otherwise, by accessing and using this website, you are agreeing to these terms of use and our privacy policy.
Rights to contents and intellectual property
These Terms and Conditions apply to the Website and to all products, services, and content contained herein, whether you access such content directly on this Website, you download such content from this Website, or you use any other service offered by the Company. You are authorized by the Company, provided that you are at least 18 years of age, to access and use the information on the Website, solely for personal, non-commercial use. The information, materials, and products displayed on the Website may not otherwise be copied, transmitted, displayed, distributed, downloaded, licensed, modified, published, posted, reproduced, used, sold, transmitted, used to create a derivative work, or otherwise used for commercial or public purposes without the Company’s express prior written consent, which may be withheld or conditioned in the Company’s sole and absolute discretion. Any use of data mining, robots or similar data gathering or extraction tools or processes in connection with the Website, and any reproduction or circumvention of the navigational structure or presentation of the Website or its content, is strictly prohibited. You agree not to use the Website for any unlawful purpose.
Use of this Website
Malou Studio maintains this Website for Your personal purchases, entertainment, information and education. You should feel free to browse the Website. However, all copying (whether electronic, hard copy, or other format) is prohibited and may breach intellectual property laws and other laws worldwide. All commercial use of all or part of this Website is prohibited except under Malou Studio‘s express written consent. All rights not expressly granted here are reserved to Malou Studio. You may not use any computer program tools, including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm, or methodology, or any similar equivalent process (»Tools«) to access, acquire, copy or monitor any portion of the Website or content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain materials, documents or information through any means not purposely made available through the Website. Tools that use the Website shall be considered agents of the individuals who control or author them.
Terms of sale
By placing an order for products and/or services from the Company, you are offering to purchase a product and/or service, representing that you are at least 18 years old, representing that all information you provide to us in connection with such order is true and accurate, representing that you are an authorized user of the payment method provided, representing that you accept and agree to these Terms and Conditions, the Privacy Policy, and any other published policy of the Company.
When you submit your order, the Company must receive payment prior to fulfilling your order.
We reserve the right to: refuse any order you place with us; correct any errors, inaccuracies or omissions (including but not limited to the price) with regard to the products or services offered; change or update information in connection with any products or services offered; and modify or cancel your order, whether or not the order has been confirmed, each at any time without notice to you (including after you have submitted your order) and without liability to you. If we modify your order, we will attempt to give you prior notice of this and provide you with the opportunity to cancel the order in its entirety. If we cancel your order, we will attempt to notify you by contacting you via the contact information you provided at the time the order was made. We reserve the right to limit, reject, modify, or cancel orders that, in our sole judgment, appear to be placed by unauthorized parties, including resellers.
Prices
All prices and products advertised, including availability of products, are subject to change. Although the Website is composed with care, it may happen that the information regarding product description or technical specification, pricing or availability on the Website contains errors. We are not bound by our offer or any prices on the Website and we therefore reserve the right to modify or cancel your purchase in the event of spelling, pricing, or other errors on the Website. If a product is out of stock, we may still be able to accept your order, but will not charge you for the product until it is back in stock and available to ship. If the price is inaccurate, we will inform you of such pricing discrepancy and await your approval of the amended price prior to continuing with the order process. The images of the products on our Website are for illustrative purposes only. Such illustrations do not guarantee that the product will have the exact appearance, color, function, or origin as show in the illustrations. Your product(s) and the packaging of your product(s) may vary from that shown on images on our Website.
Returns & Exchanges
Malou Studio does not accept exchange of any products. Products delivered in a damaged condition are excluded from this rule.
No warranties
Malou Studio does not represent that this website or any content, service or feature of this website will be error-free or uninterrupted, or that any defects will be corrected, or that your use of this website will be provide specific results. This webiste and its content are provided »as is« and »as available« basis without reprensentations or warranties of any kind, either expressed or implied, including but not limited the implied warranties of merchantability, fitness for a particular purpose, non-infringment accuracy. Malou Studio assumes no responsibility, and shall not be liable for any damages caused by viruses or other forms on contamination or destructive features that may affect Your computer equipment, software, data or other property on account of Your access to, use of, or browsing in the Website or Your downloading of any materials, text, images, video or audio from the Website or any linked Websites.
Limitation of liability
In no event shall Malou Studio, its parents, affiliates, subsidiaries or service providers, its licensors, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, including lost profits, whether or not advised of the possibility of such damages, and on theory of liability what so ever, arising out of or in connection with the
use or performance of, or Your browsing in, or Your links to other Websites from, this Website. You acknowledge by Your use of this Website, that Your use of this Website is at Your sole risk. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages: if these apply to You, some or all of the above disclaimers may not apply, and You might have additional rights.
Indemnification
You agree to defend, indemnify and hold Malou Studio harmless from and against any and all claims, damages, costs and expenses, including reasonable attorney‘s fees, arising from or related to Your use of the Website.
Additional terms and conditions
Additional terms and conditions may apply to purchases of goods and services and to specific portions of features of the Website, including but not limited to sales, licenses, contests, sweepstakes, invitations, or other similar features (each an »Application«), all of which additional terms and conditions are made a part of these legal terms of use by this reference. You agree to abide by such Application terms and conditions. If there is a conflict between these Terms of Use and the terms of the Application, the terms of the Application will control as relating to the Application.
Purchasing for resale
The acquisition of works of art for the purpose of resale requires the prior written consent of Malou Studio.
Communications with this website
You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law. Malou Studio will fully cooperate, including but not limited to, maintaining and disclosing any transmittals or communications that You have had with this Website, disclosing Your identity or helping to identify You, with any applicable law or regulation, law enforcement authorities, court order, or governmental authority. Any communication or material You transmit to the Website by email or otherwise, including data, questions, comments, or suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Malou Studio cannot prevent the harvesting of information from this Website, and You may be contacted by Malou Studio or unrelated parties, by email or otherwise, within or outside of this Website. Anything You transmit may be edited by or on behalf of Malou Studio, may or may not be posted to this Website at the sole discretion of Malou Studio and may be used by Malou Studio or its affiliates for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Malou Studio is free to use any ideas, concepts, know-how, or techniques contained in any communication You send to the Website for any purpose what so ever including, but not limited to, developing, manufacturing and marketing products use of such information. If You transmit any ideas, concepts, materials or other communications to the Website, You accept that it will not be treated as confidential and may be used by Malou Studio without compensation in any manner whatsoever, including without limitation to reproduction, transmission, publication, marketing, product development, etc. Although Malou Studio may from time to time monitor or review discussion, chats, postings, transmissions, and bulletin boards, and the like on the Website, Malou Studio is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained
in any information within such locations, on the Website. Malou Studio assumes no responsibility or liability for any actions or communications by You or any related third party within or outside of this Website.
Termination
At its sole discretion, Malou Studio may modify or discontinue the Website with or without notice to You and without liability to You or any third party.
If you have any questions about these Terms and Conditions, please write to us at:
Malou Studio, Florastraße 34, 13187 Berlin, GERMANY
- or -
info@malou-studio.com
Privacy policy
Last updated: August 25, 2025
Malou Studio operates 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"). Malou Studio is powered by Shopify, which enables us to provide the Services to you. This Privacy Policy describes how we collect, use, and disclose your personal information when you visit, use, or make a purchase or other transaction using the Services or otherwise communicate with us. If there is a conflict between our Terms of Service and this Privacy Policy, this Privacy Policy controls with respect to the collection, processing, and disclosure of your personal information.
Please read this Privacy Policy carefully. By using and accessing any of the Services, you acknowledge that you have read this Privacy Policy and understand the collection, use, and disclosure of your information as described in this Privacy Policy.
Personal Information We Collect or Process
When we use the term "personal information," we are referring to information that identifies or can reasonably be linked to you or another person. Personal information does not include information that is collected anonymously or that has been de-identified, so that it cannot identify or be reasonably linked to you. We may collect or process the following categories of personal information, including inferences drawn from this personal information, depending on how you interact with the Services, where you live, and as permitted or required by applicable law:
Contact details including your name, address, billing address, shipping address, phone number, and email address.
Financial information including credit card, debit card, and financial account numbers, payment card information, financial account information, transaction details, form of payment, payment confirmation and other payment details.
Account information including your username, password, security questions, preferences and settings.
Transaction information including the items you view, put in your cart, add to your wishlist, or purchase, return, exchange or cancel and your past transactions.
Communications with us including the information you include in communications with us, for example, when sending a customer support inquiry.
Device information including information about your device, browser, or network connection, your IP address, and other unique identifiers.
Usage information including information regarding your interaction with the Services, including how and when you interact with or navigate the Services.
Personal Information Sources
We may collect personal information from the following sources:
Directly from you including when you create an account, visit or use the Services, communicate with us, or otherwise provide us with your personal information;
Automatically through the Services including from your device when you use our products or services or visit our websites, and through the use of cookies and similar technologies;
From our service providers including when we engage them to enable certain technology and when they collect or process your personal information on our behalf;
From our partners or other third parties.
How We Use Your Personal Information
Depending on how you interact with us or which of the Services you use, we may use personal information for the following purposes:
Provide, Tailor, and Improve the Services. We use your personal information to provide you with the Services, including to perform our contract with you, to process your payments, to fulfill your orders, to remember your preferences and items you are interested in, to send notifications to you related to your account, to process purchases, returns, exchanges or other transactions, to create, maintain and otherwise manage your account, to arrange for shipping, to facilitate any returns and exchanges, to enable you to post reviews, and to create a customized shopping experience for you, such as recommending products related to your purchases. This may include using your personal information to better tailor and improve the Services.
Marketing and Advertising. We use your personal information for marketing and promotional purposes, such as to send marketing, advertising and promotional communications by email, text message or postal mail, and to show you online advertisements for products or services on the Services or other websites, including based on items you previously have purchased or added to your cart and other activity on the Services.
Security and Fraud Prevention. We use your personal information to authenticate your account, to provide a secure payment and shopping experience, detect, investigate or take action regarding possible fraudulent, illegal, unsafe, or malicious activity, protect public safety, and to secure our services. If you choose to use the Services and register an account, you are responsible for keeping your account credentials safe. We highly recommend that you do not share your username, password or other access details with anyone else.
Communicating with You. We use your personal information to provide you with customer support, to be responsive to you, to provide effective services to you and to maintain our business relationship with you.
Legal Reasons. We use your personal information to comply with applicable law or respond to valid legal process, including requests from law enforcement or government agencies, to investigate or participate in civil discovery, potential or actual litigation, or other adversarial legal proceedings, and to enforce or investigate potential violations of our terms or policies.
How We Disclose Personal Information
In certain circumstances, we may disclose your personal information to third parties for legitimate purposes subject to this Privacy Policy. Such circumstances may include:
With Shopify, vendors and other third parties who perform services on our behalf (e.g. IT management, payment processing, data analytics, customer support, cloud storage, fulfillment and shipping).
With business and marketing partners to provide marketing services and advertise to you. For example, we use Shopify to support personalized advertising with third-party services based on your online activity with different merchants and websites. Our business and marketing partners will use your information in accordance with their own privacy notices. Depending on where you reside, you may have a right to direct us not to share information about you to show you targeted advertisements and marketing based on your online activity with different merchants and websites. You can exercise your rights to opt-out of those uses here .
When you direct, request us or otherwise consent to our disclosure of certain information to third parties, such as to ship you products or through your use of social media widgets or login integrations.
With our affiliates or otherwise within our corporate group.
In connection with a business transaction such as a merger or bankruptcy, to comply with any applicable legal obligations (including to respond to subpoenas, search warrants and similar requests), to enforce any applicable terms of service or policies, and to protect or defend the Services, our rights, and the rights of our users or others.
Relationship with Shopify
The Services are hosted by Shopify, which collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in countries other than where you reside, in order to provide and improve the Services for you. In addition, to help protect, grow, and improve our business, we use certain Shopify enhanced features that incorporate data and information obtained from your interactions with our Store, along with other merchants and with Shopify. To provide these enhanced features, Shopify may make use of personal information collected about your interactions with our store, along with other merchants, and with Shopify. In these circumstances, Shopify is responsible for the processing of your personal information, including for responding to your requests to exercise your rights over use of your personal information for these purposes. To learn more about how Shopify uses your personal information and any rights you may have, you can visit the Shopify Consumer Privacy Policy . Depending on where you live, you may exercise certain rights with respect to your personal information here Shopify Privacy Portal Link.
Third Party Websites and Links
The Services may provide links to websites or other online platforms operated by third parties. If you follow links to sites not affiliated or controlled by us, you should review their privacy and security policies and other terms and conditions. We do not guarantee and are not responsible for the privacy or security of such sites, including the accuracy, completeness, or reliability of information found on these sites. Information you provide on public or semi-public venues, including information you share on third-party social networking platforms may also be viewable by other users of the Services and/or users of those third-party platforms without limitation as to its use by us or by a third party. Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators, except as disclosed on the Services.
Children's Data
The Services are not intended to be used by children, and we do not knowingly collect any personal information about children under the age of majority in your jurisdiction. If you are the parent or guardian of a child who has provided us with their personal information, you may contact us using the contact details set out below to request that it be deleted.As of the Effective Date of this Privacy Policy, we do not have actual knowledge that we "share" or "sell" (as those terms are defined in applicable law) personal information of individuals under 16 years of age.
Security and Retention of Your Information
Please be aware that no security measures are perfect or impenetrable, and we cannot guarantee "perfect security." In addition, any information you send to us may not be secure while in transit. We recommend that you do not use unsecure channels to communicate sensitive or confidential information to us.
How long we retain your personal information depends on different factors, such as whether we need the information to maintain your account, to provide you with Services, comply with legal obligations, resolve disputes or enforce other applicable contracts and policies.
Your Rights and Choices
Depending on where you live, you may have some or all of the rights listed below in relation to your personal information. However, these rights are not absolute, may apply only in certain circumstances and, in certain cases, we may decline your request as permitted by law.
Right to Access / Know. You may have a right to request access to personal information that we hold about you.
Right to Delete. You may have a right to request that we delete personal information we maintain about you.
Right to Correct. You may have a right to request that we correct inaccurate personal information we maintain about you.
Right of Portability. You may have a right to receive a copy of the personal information we hold about you and to request that we transfer it to a third party, in certain circumstances and with certain exceptions.
Right to Opt out of Sale or Sharing for Targeted Advertising. Depending on where you reside, you may have a right to opt out of the "sale" or "share" of your personal information or to opt out of the processing of your personal information for purposes considered to be "targeted advertising", as defined in applicable privacy laws. You can exercise your rights to opt-out of those uses here. Please note that if you visit our website with the Global Privacy Control opt-out preference signal enabled, depending on where you are, we will automatically treat this as a request to opt-out for the device and browser that you use to visit the website. If we are able to associate the device sending the signal to a Shopify account, we will apply the opt out request to the account as well. To learn more about Global Privacy Control, you can visit https://globalprivacycontrol.org/. Other than the Global Privacy Control, we do not recognize other "Do Not Track" signals that may be sent from your web browser or device.
Managing Communication Preferences. We may send you promotional emails, and you may opt out of receiving these at any time by using the unsubscribe option displayed in our emails to you. If you opt out, we may still send you non-promotional emails, such as those about your account or orders that you have made.
If you reside in the UK or European Economic Area, and subject to exceptions and limitations provided by local law, you may exercise the following rights in addition to the rights outlined above:
Objection to Processing and Restriction of Processing: You may have the right to ask us to stop or restrict our processing of personal information for certain purposes.
Withdrawal of Consent: Where we rely on consent to process your personal information, you have the right to withdraw this consent. If you withdraw your consent, this will not affect the lawfulness of any processing based on your consent before its withdrawal.
You may exercise any of these rights where indicated on the Services or by contacting us using the contact details provided below. To learn more about how Shopify uses your personal information and any rights you may have, including rights related to data processed by Shopify, you can visit https://privacy.shopify.com/en.
We will not discriminate against you for exercising any of these rights. We may need to verify your identity before we can process your requests, as permitted or required under applicable law. In accordance with applicable laws, you may designate an authorized agent to make requests on your behalf to exercise your rights. Before accepting such a request from an agent, we will require that the agent provide proof you have authorized them to act on your behalf, and we may need you to verify your identity directly with us. We will respond to your request in a timely manner as required under applicable law.
Complaints
If you have complaints about how we process your personal information, please contact us using the contact details provided below. Depending on where you live, you may have the right to appeal our decision by contacting us using the contact details set out below, or lodge your complaint with your local data protection authority. For the EEA, you can find a list of the responsible data protection supervisory authorities here.
International Transfers
Please note that we may transfer, store and process your personal information outside the country you live in.
If we transfer your personal information out of the European Economic Area or the United Kingdom, we will rely on recognized transfer mechanisms like the European Commission's Standard Contractual Clauses, or any equivalent contracts issued by the relevant competent authority of the UK, as relevant, unless the data transfer is to a country that has been determined to provide an adequate level of protection.
Changes to This Privacy Policy
We may update this Privacy Policy from time to time, including to reflect changes to our practices or for other operational, legal, or regulatory reasons. We will post the revised Privacy Policy on this website, update the "Last updated" date and provide notice as required by applicable law.
Contact
Should you have any questions about our privacy practices or this Privacy Policy, or if you would like to exercise any of the rights available to you, please call or email us at info@malou-studio.com or contact us at:
The Artcircle UG (Haftungsbeschrönkt)
Florastraße 34
13187 Berlin.
