TERMS OF SERVICE
Last updated: Nov. 30, 2023
You expressly acknowledge that your use of this site is at your sole risk. Malibu Shirts is providing this site and its contents on an “as is, as available” basis and makes no representations or warranties of any kind with respect to this site or its contents. To the maximum extent permitted by law, Malibu Shirts disclaims all such representations and warranties, including but not limited to warranties of merchantability and fitness for a particular purpose – some jurisdictions do not allow the exclusion of implied warranties in certain circumstances, so the above exclusion may not apply to you. In addition, Malibu Shirts does not represent or warrant that the information or merchandise provided through this site is accurate, complete or current.
Products, price and availability information are subject to change at any time without notice. The prices listed on this Site are not offers to form a contract but merely an advertisement for offers. Except as specifically stated on this Site, under no legal theory, tort, contract or otherwise shall Malibu Shirts nor any of its directors, officers, employees, related companies, subsidiaries, merchants, content providers or any other party involved in the creation or maintenance of this site be liable for the following arising out of or in connection with the use of or inability to use this site: indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the limitations and exclusions set forth above may not apply to you. Malibu Shirts also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
Malibu Shirts is a registered trademark in the United States and other countries. Malibu Shirts trademarks may not be used without the written permission of Malibu Shirts and specifically should not be used in connection with any other product or service, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Malibu Shirts.
Any rights not expressly granted herein are reserved.
COPYRIGHT AND PROPRIETARY RIGHTS
All information, including, without limitation the design of the Site, and all information, text, graphics, images, illustrations, logos, designs, icons, photographs, video clips, and written or other materials software and all HTML, CGI and other codes and scripts in any format used to implement, or featured on, the Site (‘Content’) are the property of Malibu Shirts, its merchandise suppliers, or its licensors. The overall design and appearance of this Site is the proprietary trade dress of Malibu Shirts, Inc.
The Content of this Site is for personal use only. Permission is granted to electronically copy and to print in hard copy portions of this Site for the sole purpose of placing an order with Malibu Shirts. You may not copy, modify, upload, download, transmit, (re)publish, create derivative works from, sell, re-sell or otherwise distribute or exploit any Content from the Site except as expressly permitted by these Terms. Doing so will violate Malibu Shirts Inc.’s copyright, trademark and other proprietary rights.
All Content on the Site is protected by United States copyright, trademark and other laws and applicable international treaties and conventions governing intellectual property law. Any and all trademarks, logos, page headers, custom graphics, button bars, service marks and trade names which Malibu Shirts uses in connection with the Site shall remain the exclusive property of Malibu Shirts. Nothing contained in the Terms shall be deemed to give you any rights in or to any intellectual property of Malibu Shirts. All other trademarks, product names and company names or logos on the Site are the property of their respective owners.
COMMUNICATIONS PROVIDED BY USER
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Malibu Shirts or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Malibu Shirts is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. By posting any communication or material on the site, you grant Malibu Shirts and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such reviews and comments in an unlimited manner. You also grant Malibu Shirts and its affiliates and sublicensees the right to use the name that you submit with any review or comment, if any, in connection with such communication.
LINKS TO THIRD PARTY SITES
The Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Malibu Shirts and it is not responsible for the contents of any Linked Site, including without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Malibu Shirts is not responsible for webcasting or any other form of transmission received from any Linked Site. Malibu Shirts is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Malibu Shirts of the Linked Site or any association with its operators.
Malibu Shirts does not guarantee, warrant or endorse any product or service not manufactured or performed by Malibu Shirts, nor do we have any liability or responsibility for the quality or performance of any product or service not manufactured or performed by Malibu Shirts. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or registration account to access Malibu Shirts.
The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Malibu Shirts reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.
Upon submission of your order, you will receive a confirmation of receipt by email however, until you receive a shipping confirmation or, in the alternative, until the Products ordered are actually shipped.
Prior to sending such shipping confirmation, Malibu Shirts reserves the right to reject an order based on lack or limitation of availability of Products ordered.
Orders placed on MalibuShirts.com are processed Monday–Friday 8:00am - 3:00pm PST and shipped within 5 business days. Excluding the weekend and major holidays. Once your order is processed and shipped, you will receive an email notification with your tracking information.
All products marked as “FINAL SALE” are not eligible for return, or refund.
Free shipping thresholds are based off of product purchase price and do not include the sales tax where applicable.
NO PURCHASE FOR RESALE
You may place orders in our Online Shop only to the extent that you are a retail customer and not a wholesaler, distributor or any agent or representative of other business entities. By ordering merchandise, you agree that you are purchasing for personal use and not for resale. We reserve the right to refuse any orders without warning or explanation.
For orders purchased in bulk, Malibu Shirts reserves the right to refuse cancellation and return requests.
We have made every effort to display as accurately as possible the colors of the advertised products that appear at the Site. However, the actual colors you see will depend on your monitor. We cannot guarantee that your monitor will display any color accurately.
By clicking the button "Pay Now" you submit a legally binding offer. After clicking “PAY NOW” your order will be submitted and you will no longer be able to cancel or change your order.
After the submission of your order, you will receive an email confirmation. The order that you submit to us does not become binding upon Malibu Shirts, however, until you receive a shipping confirmation or, until the Products ordered are shipped. Prior to sending your shipping confirmation, Malibu Shirts reserves the right to reject an order based on lack or limitation of availability of Products ordered.
DELIVERY/ PARTIAL DELIVERIES
Malibu Shirts shall use its reasonable efforts to deliver the products to you by the agreed upon date, however, time shall not be of the essence. Except in cases of willful misconduct or gross negligence, we shall not be liable to you for delays in delivery or damage to the products while in transit. Malibu Shirts may, within its discretion, cancel a customer’s order due to delays or shortages in supply. In this event, we will immediately inform you of the unavailability of the item and refund all payments, if any, previously rendered by you for the item and its delivery.
We are entitled to make partial deliveries of products ordered.
All return submissions are reviewed for approval.
Items being returned must be in their original condition with the tags. Include the Malibu Shirts packing slip in your package to help us process your return. We only accept returns from purchases made on MalibuShirts.com. Once your return is delivered allow 3-5 business days for inspection. Once inspected please allow 24-48 hours for your refund to be processed.
Depending on perceived quality when inspected Malibu Shirts holds the right to apply a 6% restocking fee.
If abuse of returns is identified Malibu Shirts reserves the right, in its sole discretion, to terminate your right to use the Site and any rights provided to you under these terms at any time, without notice, and accordingly deny you access to the Site, if you fail to comply with any term or provision.
Malibu Shirts agrees to adhere to all applicable United States federal and state laws, statutes, and regulations relating to the collection and use of personal information from Site visitors.
You agree to defend, indemnify and hold Malibu Shirts harmless and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.
CHOICE OF LAW
The Terms shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to conflict of laws provisions. You hereby consent to the exclusive jurisdiction and venue of the federal or state courts in Ventura County, California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Malibu Shirts as a result of this agreement or use of the Site. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Malibu Shirts with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Malibu Shirts with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Malibu Shirts reserves the right, in its sole discretion, to terminate your right to use the Site and any rights provided to you under these terms at any time, without notice, and accordingly deny you access to the Site, if you fail to comply with any term or provision. Upon termination, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials.
Lost or Stolen Packages: Malibu Shirts is not responsible for any lost or stolen shipments confirmed delivered by the courier. We advise you to contact your payment provider. If your package does not arrive, please contact our customer service.
We often deliver all items from a single order within a single shipment. However, due to numerous factors, products may be delivered in split shipments. We reserve the right to split the delivery of any order.
INTERNATIONAL DUTIES AND TAXES
Malibu Shirts offers DHL Express, USPS, or similar shipping services for international orders. Customers will be prompted to use our shipping partner, APC, upon checkout. By doing so, the customer will have the ability to pre-pay their duties, import fees, and related charges up-front.
Should you wish to return your International order, please note that Malibu Shirts does not offer reimbursement of the prepaid customs/duties upon return, since it is remitted to the local customs agency directly. The customer will have to contact the agency for further assistance in receiving such reimbursement.
CHAPTER STORE RAFFLE ENTRY
Entering a raffle constitutes full and unconditional agreement to these Terms and Conditions, which are final and binding in all matters related to entry and release product purchase. Eligibility is contingent upon fulfilling all requirements set forth herein.
A registered email address, phone number, zip/postal code and preferred size/color are required.
Must present a valid government-issued photo ID upon purchase in-store. Entry name must match the name on photo identification.
Limit one release product per person, per color. Any duplicate entries per color will be disqualified.
Once entered, registration details cannot be amended. Purchases are only valid for the registered name and email address, product, size and color specified upon raffle entry.
Recipient's opportunity to purchase the release product is subject to stock availability.
Entries are non-transferable.
Entries cannot be sold, transferred, assigned or otherwise provided to anyone else. Evidence of such behavior by any account holder will result in disqualification.
The raffle entry process is subject to change at any time at Malibu Shirts, Inc’s discretion.
When the raffle closes, winners will be notified via email.
Malibu Shirts, Inc reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of entering a raffle and/or product purchase or to be acting in violation of these Terms and Conditions. Any attempt by any person to undermine the legitimate operation of registration and/or product purchase may be a violation of criminal and civil law, and, should such an attempt be made, Malibu Shirts, Inc reserves the right to seek damages from any such person to the fullest extent permitted by law.
PROMOTIONAL OFFERS, CONTESTS, AND SWEEPSTAKES
Malibu Shirts, Inc. reserves the right to cancel any transaction due to unauthorized, altered, fraudulent, or ineligible use of discount and to modify or cancel this promotion due to system error or unforeseen problems at any time. Please read the official rules that may accompany each promotion, offer, coupon, discount, contest and/or sweepstakes. Promotional offers and discounts do not apply to gift cards, shipping and handling, or taxes. Discounts will appear upon checkout and may or may not be eligible to be combined with any other offers or discounts. Special offers, coupons, or discounts cannot be used in conjunction with other offers unless specifically stated in offer official rules.
The US Congress passed the Fair Credit Billing Act in 1975 to ensure your bank or credit card processor cannot hold you liable for more than $50 which were fraudulent charges made to your credit card. Malibu Shirts will reimburse you the $50 if you can prove from the documentation from your credit card provider's corporate policy that they do not reimburse for the initial $50 which was involved with fraudulent activity related to your Malibu Shirts, Inc. purchase. If you have any questions please email email@example.com or please call us (805) 388-2833 Monday through Friday 10am to 5pm PST.
Mobile Terms of Service
Malibu Shirts Inc.
The Malibu Shirts Inc. mobile message service (the "Service") is operated by Malibu Shirts Inc. (“Malibu Shirts Inc.”, “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 Shirts Inc.’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Malibu Shirts Inc. 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 Shirts Inc.. 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 Malibu Shir 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 Shirts Inc. 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, email firstname.lastname@example.org.
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.