Overview
Welcome to Kaproni. Throughout these Terms of Service, the terms “we,” “us,” and “our” refer to Kaproni and its legal business entity, MALLAKIN INC.
Kaproni operates this website and online store, including all related content, features, tools, products, and services, collectively referred to as the “Services.” Our store is powered by Shopify, which helps us provide and operate the Services.
These Terms of Service, together with any policies referenced on this website, describe your rights and responsibilities when accessing or using the Services.
By visiting, browsing, purchasing from, or otherwise using the Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Services.
Section 1 – Eligibility and Account Access
By using the Services, you confirm that you are at least the age of majority in your state, province, country, or jurisdiction of residence, or that you have provided consent for any minor dependent using your device to access the Services.
To use certain portions of the Services, including placing an order, you may be required to provide information such as your name, email address, billing information, payment information, and shipping address.
You agree that all information you provide will be accurate, complete, and current.
You are responsible for maintaining the confidentiality of your account credentials and for activity conducted through your account. You may not sell, transfer, assign, or permit unauthorized use of your account.
Section 2 – Products and Product Information
We make reasonable efforts to display product descriptions, images, colors, dimensions, features, pricing, and availability accurately.
However, product colors and appearance may vary depending on your device, screen settings, lighting conditions, photography, manufacturing variation, or other factors.
We do not guarantee that the appearance, color, size perception, finish, texture, quality, or other product characteristics will exactly match what is displayed on your screen or your personal expectations.
Product descriptions, pricing, availability, discounts, and promotions may be changed or corrected at any time without prior notice.
We reserve the right to discontinue products, limit quantities, or restrict sales by person, household, geographic region, or jurisdiction, to the extent permitted by applicable law.
Section 3 – Orders
Submitting an order through the Services constitutes an offer to purchase the products included in the order.
We reserve the right to accept, reject, cancel, or limit an order at our discretion, including where:
- A product is unavailable;
- Pricing or product information is inaccurate;
- Payment cannot be authorized;
- Fraudulent or unauthorized activity is suspected;
- The order appears to be intended for unauthorized resale; or
- We are unable to ship to the address provided.
An order is not considered accepted until payment has been processed and we have issued an order confirmation or otherwise confirmed acceptance.
Please review your order carefully before submitting it. Cancellation or modification requests may not be possible once an order has entered processing or has been shipped.
If we cancel or modify an order, we may attempt to notify you using the contact information provided during checkout.
Returns and refunds are governed by our Return & Refund Policy.
Section 4 – Pricing, Billing, and Payment
All prices, promotions, and discounts are subject to change without notice. The price charged for an order will generally be the price displayed when the order is submitted and confirmed.
Unless otherwise stated, displayed product prices may not include applicable taxes, shipping fees, expedited shipping charges, or other charges presented during checkout.
You agree to provide accurate, complete, and current billing, payment, shipping, and account information.
By submitting payment information, you represent and warrant that:
- The information provided is accurate and complete;
- You are authorized to use the selected payment method;
- You authorize us and our payment providers to charge the applicable amount; and
- You are responsible for all authorized charges associated with the order.
Section 5 – Shipping and Delivery
Orders are generally processed within 1–3 business days after payment confirmation.
Standard shipping generally takes an estimated 7–12 business days after processing. Expedited shipping generally takes an estimated 5–7 business days after processing.
Shipping and delivery dates are estimates only and are not guaranteed.
Actual delivery may be affected by product availability, the delivery destination, carrier operations, weather, public holidays, peak shopping periods, incorrect shipping information, transportation disruptions, or other circumstances outside our reasonable control.
Please refer to our Shipping Policy for current shipping methods, costs, delivery estimates, and other shipping conditions.
Section 6 – Returns and Refunds
Eligible products may be returned within 30 days after delivery, subject to the requirements and exclusions described in our Return & Refund Policy.
Damaged, defective, or incorrect items should be reported within 48 hours after delivery.
Customers must contact us before sending a return. Unauthorized returns may not be accepted.
Section 7 – Intellectual Property
All content and materials available through the Services, including text, product descriptions, images, graphics, photographs, videos, audio, trademarks, logos, product names, icons, design elements, software, and website layout, are owned by or licensed to Kaproni, MALLAKIN INC, our affiliates, licensors, or content providers.
Such content is protected by applicable intellectual property laws.
You may access and use the Services only for personal and lawful purposes. You may not copy, reproduce, modify, distribute, publish, display, transmit, sell, license, create derivative works from, commercially exploit, or otherwise use any portion of the Services without prior written permission.
Section 8 – Optional and Third-Party Tools
We may provide access to third-party tools, features, applications, or services that we do not own, control, or monitor.
Such tools are provided on an “as is” and “as available” basis without warranties, representations, conditions, or endorsements.
Your use of third-party tools is at your own risk and may be governed by separate terms and privacy policies established by the applicable provider.
Section 9 – Third-Party Links
The Services may contain links to third-party websites, products, content, applications, or services.
We are not responsible for reviewing or evaluating the content, accuracy, availability, security, privacy practices, products, or policies of third parties.
If you access or use a third-party website or service, you do so at your own discretion and risk.
Section 10 – Relationship with Shopify
Our store is powered by Shopify, but purchases and transactions conducted through this website are between you and Kaproni, operated by MALLAKIN INC.
Shopify is not the seller of the products offered through our store and is not responsible for product quality, delivery, returns, refunds, customer support, product claims, or disputes relating to your purchase from us.
To the fullest extent permitted by applicable law, you release Shopify and its affiliates from claims arising directly from transactions between you and Kaproni.
Section 11 – Privacy
Personal information collected through the Services is handled in accordance with our Privacy Policy and, where applicable, Shopify’s privacy practices.
Because the store is hosted by Shopify, certain personal information may be processed by Shopify and other service providers that help operate, protect, and improve the Services.
Section 12 – Reviews, Feedback, and User Content
If you submit a review, suggestion, comment, photograph, video, idea, feedback, or other content, collectively referred to as “User Content,” you grant us a worldwide, perpetual, non-exclusive, royalty-free, transferable, and sublicensable license to use, reproduce, modify, publish, translate, distribute, display, and otherwise use that User Content for lawful business and marketing purposes.
You represent and warrant that:
- You own or control the necessary rights to the User Content;
- The User Content is accurate and not misleading;
- The User Content does not violate applicable law or third-party rights;
- The User Content does not contain unlawful, defamatory, abusive, threatening, fraudulent, obscene, or harmful material; and
- Your submission does not contain malicious software or harmful code.
We may remove or edit User Content that we determine is unlawful, misleading, offensive, infringing, fraudulent, or otherwise inappropriate.
Section 13 – Errors, Inaccuracies, and Omissions
The Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, prices, promotions, shipping charges, delivery estimates, availability, or other information.
We reserve the right to correct errors, update information, or cancel an affected order at any time, including after an order has been submitted, to the extent permitted by law.
Section 14 – Prohibited Uses
You may use the Services only for lawful purposes. You may not use the Services to:
- Violate any law, regulation, ordinance, or legal requirement;
- Infringe intellectual property, privacy, publicity, contractual, or other rights;
- Harass, abuse, threaten, defame, intimidate, or discriminate against another person;
- Submit false, misleading, fraudulent, or inaccurate information;
- Upload or transmit viruses, malware, malicious code, spam, or harmful content;
- Collect or track personal information about others without authorization;
- Scrape, crawl, copy, harvest, or extract content or data without permission;
- Bypass or interfere with security features, access controls, or technical limitations;
- Impersonate another person or entity;
- Use the Services for unauthorized resale or fraudulent activity; or
- Engage in conduct that may harm Kaproni, MALLAKIN INC, Shopify, our customers, service providers, or other users.
Section 15 – Automated Access
This section applies to software, crawlers, bots, artificial intelligence systems, scripts, or other automated or semi-automated systems used to access or interact with the Services.
Automated systems must not misrepresent themselves as human users, bypass access restrictions, interfere with the Services, collect personal information without authorization, or copy content in violation of these Terms.
We may limit, block, or restrict automated access at any time.
Section 16 – Termination
We may suspend or terminate your access to the Services where we reasonably believe you have violated these Terms, engaged in fraudulent or unlawful activity, interfered with the Services, or created a risk of harm.
Termination does not affect obligations or provisions intended to survive, including provisions relating to intellectual property, User Content, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law.
Section 17 – Disclaimer of Warranties
Except where expressly stated otherwise or required by applicable law, the Services and products are provided on an “as is” and “as available” basis.
To the fullest extent permitted by law, we disclaim warranties and conditions, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, durability, title, non-infringement, availability, and uninterrupted operation.
We do not guarantee that the Services will be uninterrupted, secure, timely, error-free, or free from harmful components.
Section 18 – Limitation of Liability
To the fullest extent permitted by applicable law, Kaproni, MALLAKIN INC, our affiliates, officers, employees, agents, contractors, service providers, licensors, and Shopify and its affiliates will not be liable for indirect, incidental, punitive, special, consequential, or exemplary damages arising from your use of the Services or products purchased through the Services.
Where applicable law does not allow a particular limitation of liability, liability will be limited to the maximum extent permitted by law.
Nothing in these Terms excludes or limits rights or liabilities that cannot lawfully be excluded.
Section 19 – Indemnification
To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Kaproni, MALLAKIN INC, Shopify, and their respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from claims, liabilities, damages, losses, and reasonable expenses arising from:
- Your breach of these Terms;
- Your violation of applicable law or third-party rights;
- Your misuse of the Services; or
- User Content submitted by you.
Section 20 – Severability
If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the fullest extent permitted by law, and the remaining provisions will continue in effect.
Section 21 – Entire Agreement and Waiver
These Terms, together with policies and notices posted on this website, constitute the entire agreement between you and Kaproni regarding your use of the Services.
Our failure to exercise or enforce a right or provision does not constitute a waiver of that right or provision.
Section 22 – Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
We may assign or transfer these Terms or our rights and obligations in connection with a merger, acquisition, reorganization, financing, sale of assets, or similar business transaction.
Section 23 – Governing Law
These Terms and any separate agreements through which we provide the Services are governed by and interpreted in accordance with the laws of the State of Colorado, United States, without regard to conflict-of-law principles.
Any dispute arising from or relating to these Terms or the Services will be handled in the courts of competent jurisdiction located in Colorado, unless otherwise required by applicable law.
Section 24 – Headings
Section headings are included for convenience and do not affect the meaning or interpretation of these Terms.
Section 25 – Changes to These Terms
We may update or revise these Terms from time to time by posting an updated version on this page.
Your continued use of the Services after updated Terms are posted constitutes acceptance of the revised Terms, to the extent permitted by applicable law.
Section 26 – Contact Information
Questions about these Terms of Service should be sent to support@kaproni.com.
Company Name: MALLAKIN INC
Store Name: Kaproni
Business Address: 750 MAIN ST SUITE 301, GRAND JUNCTION, CO 81501, United States
Business Hours: Monday–Friday, 9:00 AM–5:00 PM Eastern Time