TERMS AND CONDITIONS OF USE OF THE SITE

Last update: 13 June 2025

Use of the website accessible at the address shop.malfroy.com (hereinafter referred to as the “Site”), operated by MALFROY&MILLION, a single-member limited liability company (SARL à associé unique), with a share capital of €1,232,000.00, registered with the LYON Trade and Companies Register under number 957 526 379, with its registered office at 153, route de Vourles BP-33, 69230 Saint-Genis Laval, and represented by its current legal representatives (hereinafter “MALFROY”), is governed by the present terms and conditions of use and sale (hereinafter the “T&Cs”).

Any individual accessing or using the Site is considered a user (hereinafter the “User”).

MALFROY and the User are individually referred to as a “Party” and collectively as the “Parties”.

By using the Site, the User fully and unconditionally agrees to these T&Cs, in their latest version. The applicable T&Cs are available on the Site.

MALFROY reserves the right to amend or update the T&Cs at any time. Users are invited to consult them regularly.

 

1. PURPOSE 

The T&Cs define the rights and obligations of MALFROY and the User in connection with access to and use of the Site.

 
2. TERMS OF USE AND ACCESS TO THE SITE

2.1. Description of the Site

The purpose of the Site is to provide information about MALFROY’s activities and products, and to offer MALFROY products for sale.

The Site provides the User with a space where they may contact MALFROY and submit inquiries through a contact form.

2.2. Access to the Site
Access to the Site requires an internet connection and the use of standard market browsers (Google Chrome, Internet Explorer, Safari, Mozilla Firefox, Opera, etc.). This access is the sole responsibility of the User and is at their own cost.

The User may browse the Site without creating an account (hereinafter the “Account”).

2.3. Account Creation
To create an Account, the User must complete all mandatory fields in the registration form.

The User can then access their Account.

The User is responsible for the accuracy and updating of the information provided and may modify this information at any time by logging in.

Each User may only hold one Account. Should MALFROY learn that the User holds multiple Accounts, MALFROY will delete all such Accounts in accordance with these T&Cs.

The User is solely responsible for activity on their Account. Under no circumstances should the User disclose their password to any third party, including individuals claiming to represent MALFROY. MALFROY will never initiate a request for the User’s password for any reason. If the User shares their password with a third party, whether another User or otherwise, MALFROY reserves the right to delete the Account under these T&Cs.

If the User loses their password, they must follow the Site's instructions to obtain a new one. A link to reset the password will be sent to the email address provided upon Account creation.


3. CONDUCT RULES

While using the Site, the User agrees not to engage in any conduct that could damage the image of MALFROY or harm other Users.

The User agrees to the following rules:

  • Not to impersonate another individual, another User, or a MALFROY employee or representative.
  • Not to engage in hacking, spamming, phishing, flooding, or any other malicious activity toward MALFROY or other Users.
  • To act with integrity and treat others with respect:
    • Not to lie or distort information or identity;
    • To remain polite and respectful;
    • Not to scrape, hack, reverse-engineer, compromise, or damage the Site;
    • Not to use bots, crawlers, scrapers, or other automated tools to access or interact with the Site;
    • Not to bypass, disable, or tamper with security or technological measures protecting the Site;
    • Not to decipher, decompile, disassemble, or reverse-engineer the software or hardware used to provide the Site;
    • Not to take actions that would impair or degrade the performance or proper functioning of the Site;
    • To use the Site only as permitted by its terms;
    • To use content from the Site only as necessary to interact with the Site;
    • Not to use content without the express, prior written consent of the content owner;
    • Not to solicit, make, or accept payments outside of the Site to circumvent fees, taxes, or for any other reason;
    • To comply with all legal obligations.

Failure to comply with these rules may lead to action by MALFROY against the User.


4. INTELLECTUAL PROPERTY

The Site and all its components, including but not limited to the visual identity, data, software, text, logos, and the products displayed on the Site, are protected by intellectual property laws, including copyright, design rights, patent rights, and/or trademark rights.

The Site and all of its components and products are the exclusive property of MALFROY or are lawfully licensed to it.

Any reproduction, representation, modification, publication, or adaptation of all or part of the elements of the Site and/or products, by any means or process, is prohibited without prior written authorization from MALFROY.

The User acknowledges that, in the absence of prior, express, and written authorization from MALFROY, any full or partial copy, dissemination, or use of the elements mentioned above, even if modified, may lead to legal proceedings.

In general, the User agrees not to infringe upon the Site or products in any way, or use them in a manner that could discredit or damage the reputation of MALFROY.



5. PERSONAL DATA PROTECTION

User Personal Data

Information received by MALFROY from the User corresponds to data required for using the contact form and for purchasing products via the Site.

For more information, the User may consult the data privacy policy.

Cookies

For more information, the User may consult the cookie policy.


6. SITE UPDATES

MALFROY may consider it necessary to update or reset certain parameters of the Site or its elements.

Accordingly, MALFROY reserves the right to make changes to the Site, such as new functionalities, or to modify or remove existing ones.

These updates, resets, or changes may temporarily prevent the User from accessing the Site or may modify its structure or components, which the User expressly acknowledges. MALFROY cannot be held liable in this respect.


7. SUSPENSION – TERMINATION

MALFROY reserves the right to suspend or delete the Account of any User who violates the T&Cs or applicable laws and regulations.

Suspension or deletion of the Account will be notified to the User by email, sent to the address provided during registration.

Additionally, MALFROY reserves the right to disclose any disputed content to the authorities upon request in the event of a legal violation.

Furthermore, MALFROY reserves the right to take legal action directly against the offending User in order to obtain compensation for any damage suffered.

 

8. LIABILITY

Access to the Site

The Site is normally accessible at all times. However, MALFROY may decide to interrupt access for reasons such as force majeure or technical maintenance, and will strive to inform Users of the intervention schedule in advance.

MALFROY shall not be liable for direct or indirect damages to the User's equipment when accessing the Site, whether due to a bug, incompatibility, or use of outdated hardware.

The User agrees to access the Site using recent, virus-free equipment and an updated browser.

Information on the Site

MALFROY shall not be liable for any omissions, inaccuracies, or delays in updating the information available on the Site, whether caused by MALFROY or by third-party partners.


9. FORCE MAJEURE

Execution of obligations by MALFROY or the User shall be suspended in the event of an unforeseeable event beyond their control. The affected Party shall notify the other Party in writing within 48 hours.

Events considered force majeure include, but are not limited to: fire; total or partial strike (especially subcontractors or hosting providers); terrorism; war; political unrest; blockades; natural disasters; pandemics; cyberattacks; accidents; extreme weather (snow, storm, rain, etc.).

If such suspension lasts more than 90 days, the other Party may terminate the agreement formed by the T&Cs by registered letter with acknowledgment of receipt.

 


10. JURISDICTION AND GOVERNING LAW

In the event of a dispute regarding the interpretation, execution, or performance of any clause in the T&Cs, the User must first seek an amicable resolution with MALFROY.

Failing amicable resolution, exclusive jurisdiction is assigned to the courts of Lyon, France.

Disputes will be governed by French law.


11. GENERAL PROVISIONS

If any clause in the T&Cs is deemed invalid, null, or unenforceable by a court or arbitrator, it will be modified to make it applicable while maintaining the original intent of the Parties. The validity of the remaining clauses shall not be affected.

These T&Cs constitute the full, complete, and exclusive agreement between the Parties regarding use of the Site, superseding any prior written or oral agreements.

MALFROY reserves the right to amend, supplement, or replace the T&Cs at any time, effective from the date of their online publication or by any other form of notification.

The failure of either Party to enforce a provision shall not be construed as a waiver of future enforcement of that provision.