Terms & Conditions

1.1. Welcome to Malaky Shopping! Our platform operates as an online marketplace connecting independent third-party suppliers (hereinafter “Suppliers”) based in Madagascar with customers, primarily tourists, foreign residents and locals.
1.2. Malaky Shopping e.U. is not the manufacturer, seller, or direct distributor of the products listed on our platform. The contract for the sale of goods is concluded directly between you, the customer, and the respective Supplier. We act solely as an intermediary to facilitate transactions, provide the platform, and manage payment processing.
1.3. By accessing or using our platform, you agree to be bound by these Terms and Conditions, our Privacy Policy, and all other policies referenced herein.

2.1. To place orders, you may need to register an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
2.2. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account or password.

3.1. All products offered on this marketplace are provided by independent Suppliers. Product descriptions, images, prices, and other details are provided by the Suppliers.
3.2. While we endeavor to onboard reputable Suppliers, Malaky Shopping e.U. does not inspect, test, or guarantee the quality, safety, legality, or fitness for a particular purpose of any products listed.
3.3. Specifically, we are not responsible for any health issues, allergies, illnesses, injuries, or any other damages or adverse reactions that may arise from the consumption, use, or interaction with food products or any other items purchased through our platform.
3.4. Customers are solely responsible for reviewing product information, including ingredients, allergens, and usage instructions, provided by the Supplier. If you have any health concerns or allergies, please consult the Supplier directly before purchasing.
3.5. Any claims regarding product quality, safety, defects, or health-related issues must be directed solely and directly to the respective Supplier. By purchasing products through our platform, you assume all risks associated with the quality and safety of those products.

4.1. When you place an order through our platform, you are making an offer to purchase the product(s) from the respective Supplier.
4.2. A contract for the sale of goods is concluded directly between you and the Supplier when the Supplier confirms your order. We will notify you of the Supplier’s confirmation.

5.1. All prices are listed in EUR, MGA and USD. Prices for products include any Malagasy taxes as determined by the Supplier.
5.2. Shipping costs, if any, will be clearly indicated before you complete your purchase.
5.3. We use Stripe, Coinbase and Crypto for secure payment processing. By submitting your payment information, you authorize us to charge the applicable amount via Stripe, Coinbase or Crypto.com.

6.1. Products are shipped directly by the respective Suppliers from Madagascar via our Malaky Application for drivers.
6.2. Estimated delivery times will be provided by the Supplier. Please note that these are estimates and actual delivery times may vary due to weather and reach in remote areas in Madagascar.
6.3. Risk of loss and title for items purchased from a Supplier pass to you upon the Supplier’s delivery of the items to the carrier.

7.1. Our return policy is governed by the individual Supplier’s return policy, as displayed on their product page and/or Supplier profile, in conjunction with any mandatory consumer protection laws that may apply (e.g., German/EU consumer rights for EU residents).
7.2. In general, you must contact the Supplier directly for return or refund requests. We can assist in mediating disputes if direct communication with the Supplier is unsuccessful.
7.3. Products must be returned in their original condition, unused, and with all original packaging.
7.4. Refunds will be processed by the Supplier through our platform after the returned item has been received and inspected by the Supplier.
7.5. Return shipping costs are generally the responsibility of the customer unless the product is defective or incorrect.
7.6. Fresh Products are not eligible for a refund, unless you received a spoiled, or broken product upon delivery and submitted a support message through Malaky.shop.

8.1. To the maximum extent permitted by applicable law, Malaky Shopping e.U. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (a) your access to or use of or inability to access or use the service; (b) any conduct or content of any third party (including Suppliers) on the service; (c) any products purchased or obtained from a Supplier through the service, including but not limited to any health issues, illnesses, injuries, or adverse reactions arising from such products, or any defects in such products; or (d) unauthorized access, use or alteration of your transmissions or content.
8.2. Our total liability for any claim arising out of or in connection with these T&Cs or the use of the platform shall not exceed the fees paid by you to us (excluding product prices paid to suppliers) in one (1) month preceding the event giving rise to the claim.

9.1. All content on this platform (excluding content provided by Suppliers) is the property of Malaky Shopping e.U. or its licensors.
9.2. Suppliers are responsible for ensuring that their product listings and content do not infringe on any third-party intellectual property rights.

10.1. You agree not to engage in any activity that is harmful, illegal, or interferes with the proper functioning of the platform.

11.1. We reserve the right to suspend or terminate your account and access to the platform at our sole discretion, without prior notice, for any reason, including but not limited to a breach of these Terms and Conditions.

12.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law principles.
12.2. Any disputes arising out of or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts in Oldenburg, Germany.
12.3. For consumers residing in the EU, mandatory consumer protection laws in their country of residence may also apply.

13.1. We reserve the right to modify these Terms and Conditions at any time. We will notify you of significant changes by posting the updated terms on our website. Your continued use of the platform after such changes constitutes your acceptance of the new Terms and Conditions.

12.1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer protection provisions of the consumer’s country of residence remain unaffected.
12.2. If the user is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with these Terms and Conditions is Oldenburg, Germany.
12.3. Should individual provisions of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by the provision whose effect most closely approximates the original economic objective.