Terms of service

Last Updated: 11/05/23

Welcome to Malibu Sunday!

These Terms and Conditions explain the rules for using our website and services. Please read them carefully.

By using our website or services, you agree to follow these rules. If you don't agree, please don't use our website or services.

1. Who Can Use Malibu Sunday

You must be at least 18 years old to use our website or services. By using them, you state that you can legally agree to these Terms.

2. Your Privacy Matters

We take privacy very seriously at Malibu Sunday. We explain how we collect, use, and protect your personal information in our Privacy Policy. Please review it before using our website or services.

By agreeing to these Terms, you agree to the Privacy Policy too. We may update the Privacy Policy sometimes. If we do, we will post the changes on our website. If you keep using our website or services, that means you accept the updated Privacy Policy.

Let us know if you have any privacy questions or concerns at support@malibusunday.com.

3. Using Our Website and Services

You agree to use our website and services legally and appropriately. You cannot use them in any way that violates these Terms.

4. Shopping and Ordering

We try to accurately describe and price the products on our website. But we may make mistakes, so we don't guarantee the descriptions or prices are 100% error-free, complete, and current.

When you place an order, you are making an offer to buy. We might decline or cancel orders for various reasons, like pricing errors or product availability.

You can pay using the methods listed on our website, like credit card, debit card, or online payment platforms. By entering valid payment information, you state that you are authorized to use that payment method. You also state that the information is accurate.

We may verify the provided payment and billing information before accepting an order. We aim to protect user payment data, but are not liable if unauthorized access occurs outside our reasonable control.

5. Shipping and Returns

We'll try our best to prepare and ship orders promptly. Check our website for shipping and delivery details.

Our return and refund policy can also be found on our website.

6. Our Content

The content on our website, like text, graphics, logos, images, and software, belongs to Malibu Sunday or our licensors. You cannot use it without our written permission, or the permission of the applicable licensor. We retain full ownership of all website content. Any unauthorized use violates these Terms and constitutes copyright infringement.

7. Mobile Message Service

The Malibu Sunday mobile message service (the "Service") is operated by Malibu Sunday, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Malibu Sunday SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Malibu Sunday through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Malibu Sunday. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +1 (844) 790-0460 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Malibu Sunday mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to +1 (844) 790-0460 or email support@malibusunday.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice Privacy policy.

8. No Warranties

We provide website content "as is" and "as available." We don't make any representations or guarantees about the accuracy, reliability, or timeliness of any content. Relying on website content is at your own risk.

9. Limitation of Liability

We are not liable for any damages that may arise from using our website or services, even if we were made aware of the possibility.

This includes any direct, indirect, incidental, consequential, special, punitive, or exemplary damages, like lost profits, business interruption, loss of data or anticipated savings, missed deliveries, service delays or interruptions, or pecuniary losses.

It applies regardless of the legal theory used, whether based in contract, tort, negligence, strict liability, or otherwise. And it applies even if a remedy fails to achieve its intended purpose.

10. Promotions and Contests

We may change or revoke terms and eligibility for any promotions or contests at any time.

11. Governing Law

These Terms are governed by California law.

12. Contact Us

Please contact us at support@malibusunday.com if you have any questions or concerns about these Terms.