Terms of service

Last updated on 13 June 2025.
Ashley Maria Dugandzic ABN 53 587 543 181
Operating under the business name Mala Says

TERMS AND CONDITIONS FOR BUYING PRODUCTS AND JUST BROWSING
Welcome to the Mala Says.
In these terms, we also refer to Mala Says as “our”, “we”, or “us”.
And you are you!

What are these terms about?
These terms apply when you use this website, being https://www.malasays.com/ and any other websites we
operate with the same domain name and a different extension (“Website”).
These terms also apply when you purchase products through this Website (“Products”), including
photographic prints (Prints) and other items we may offer for purchase from time to time.
If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you
can find it here: https://www.malasays.com/policies/privacy-policy/.

How do I read these terms?
We separated these terms into three parts, so they are easy to read and understand.
Those parts are:
 Part A : Terms for when you buy Products (applies when you buy)
 Part B : Terms for when you browse and interact with this Website (applies when you browse)
 Part C : Liability and warranties, and interpretation provisions (applies to both buying and browsing)
Please let us know if you have any questions about these terms, and don’t continue using this Website or
purchase any Products unless you have read and agree to these terms.

I’ve returned to your Website, do I need to read these terms again?
Once you place an Order, the terms accepted at the point of sale will apply to your purchase of those
Products. However, please note that we may change any part of these terms at any time by updating this
page of the Website, so you may find that different terms apply next time you use this Website or purchase
Products. You can check the date at the top of this page to see when we last updated these terms.

Part A For When You Buy Products…
1 SUBMITTING AN ORDER
(a) By submitting an order for purchase of a Product using the Website’s functionality
(Order) you represent and warrant that:
(i) you have the legal capacity and are of sufficient age to enter into a binding
contract with us; and
(ii) you are authorised to use the debit or credit card you provide with your Order.
(b) Submitting an Order constitutes your intention and offer to enter into Part A of these
terms (including Part C which you agreed to by using this Website) where we will provide
you with the Products you have ordered in exchange for your payment of the total amount
listed upon checkout.
(c) Part A of these terms is not agreed between you and us until we have approved your
payment and you receive an email from us confirming that your order is being processed.

2 ACCOUNTS
(a) To submit an Order and/or to purchase a Product, you may be required to sign-up,
register and receive an account through the Website (an Account).
(b) As part of the Account registration process and as part of your continued use of the
Website, you may be required to provide personal information and details, such as your
email address, first and last name, preferred username, a secure password, billing, postal
and physical addresses, mobile phone number, bank account information, and other
information as determined by us from time to time.
(c) You warrant that any information you give to us in the course of completing the Account
registration process will always be accurate, honest, correct and up-to-date.
(d) Once you complete the Account registration process, we may, in our absolute discretion,
choose to accept you as a registered user within the Website and provide you with an
Account.
(e) We may suspend or cancel your Account if you do not comply with these terms or any
other reason on notice to you.

3 PRODUCTS
(a) We will endeavour to ensure that the Products provided will be substantially the same as
the Products displayed on our Website, or as otherwise agreed with you in writing prior to
you placing your Order. Please note that due to screen display, colour and brightness,
and image quality, Products may not exactly match the image on our Website.
(b) Until the price of your Products is paid in full, title in those Products is retained by Mala
Says. Risk in the Products will pass to you on delivery in accordance with clause 6.
Delivery must not be refused by you.
(c) We determine the sizes available in a particular Print design at our discretion. We may
only offer a particular Print in certain sizes.
(d) Our Prints are fixed in size and design, so we usually don’t offer modifications or custom
printing of our Prints. Please get in contact with us if there is a particular modification you
would like made prior to placing your Order (Custom Request) and we will consider if we
can accommodate your request, however we make no guarantees that we can
accommodate any Custom Requests and reserve the right to charge an additional fee for
Custom Requests (Custom Fee) which we will provide a quote for when responding to
your Custom Request.
(e) As some of our Prints are limited edition:
(i) there may be a limited number of a particular size & style of a Print available for
purchase; and

(ii) we may limit the number of Prints generally or Prints of a certain style that can
be purchased in a single Order.

(f) Unless otherwise specified in your Order, Prints do not include framing or other products
or services. Any images of our Website of Prints in frames and/or photographed in
various backdrops are for stylistic purposes only.
(g) We will endeavour to respond to your enquiries in a timely manner, however we cannot
guarantee any particular response time to enquiries.

4 PAYMENT
(a) All prices are:
(i) per unit (except where indicated); and
(ii) subject to change prior to you completing an Order without notice.
(b) (Payment obligations) Unless otherwise agreed in writing, you must pay for all Products
at the time of placing an Order.
(c) (GST) Unless otherwise indicated, amounts stated on the Website do not include GST. In
relation to any GST payable for a taxable supply by Mala Says, you must pay the GST
subject to Mala Says providing a tax invoice.
(d) (Card surcharges) Mala Says reserves the right to charge credit card surcharges in the
event that payments are made using a credit, debit or charge card (including Visa,
MasterCard or American Express).
(e) (Online payment partner) We may use third-party payment providers such as Afterpay,
Shop Pay and Stripe (Payment Providers) to collect payments for Products. The
processing of payments by the Payment Provider will be, in addition to these terms,
subject to the terms, conditions and privacy policies of the respective Payment and, to the
maximum extent permitted by law, we will not be liable for the security or performance of
the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider
to correct, any errors or mistakes in collecting your payment.
(f) (Pricing errors) In the event that we discover an error or inaccuracy in the price at which
your order was purchased (including shipping prices), we will attempt to contact you and
inform you of this as soon as possible. You will then have the option of purchasing your
order at the correct price or cancelling your order. If you choose to cancel your order and
payment has already been debited, the full amount will be credited back to your original
method of payment.
(g) (Currency) All prices are in Australian dollars. If you wish to make payment in another
currency, Mala Says can offer indicative currency conversion rates. You acknowledge
and agree that conversion may attract additional fees from third parties such as your
credit card provider. Mala Says does not make any representations or warranties as to
the accuracy of, and does not accept any responsibility for any errors that may occur as a
consequence of relying on, the conversion rates referred to in this clause. You should
always confirm current exchange rates with a reputable foreign exchange broker before
relying on any conversion rates provided by Mala Says.
5 GIFT CARDS, VOUCHERS AND DISCOUNT CODES
5.1 GIFT CARDS
(a) We may issue gift cards for use in our Website (Gift Cards).
(b) Gift Cards are valid online at our Website and are redeemable through our checkout in
accordance with the process set out on the Gift Card or otherwise communicated to you.
(c) Gift Cards are not legal tender, account cards, credit or debit cards or securities. They
are not reloadable and cannot be exchanged or redeemed for cash, a discount, or
anything else other than our Products.
5.2 VOUCHERS AND DISCOUNT CODES

(a) We may provide promotional materials and discount codes offering a discount on the
Products (Voucher). To use a Voucher, you will need to enter its code at checkout.
(b) A Voucher cannot be applied retrospectively to an Order. Vouchers are non-transferrable
and cannot be redeemed for cash or store credit.
(c) If any additional terms or conditions apply to the Voucher, these will be set out on the
Voucher.
6 DELIVERY AND SHIPPING
(a) (Free Delivery) We may from time to time offer free delivery on carts above a certain
amount (Free Delivery). If we do decide to offer Free Delivery, the terms and conditions
for Free Delivery will be set out on the Website.
(b) (Delivery Costs) Delivery costs will be added to the cart upon checkout. The prices
displayed at checkout are inclusive of delivery to the address chosen by you.
(c) (Delivery Details) Mala Says may charge you for delivery at any time (notwithstanding
that it may not have previously done so). Where prices are stated as inclusive of delivery:
(i) delivery is to the delivery point specifically accepted by Mala Says; and
(ii) we will deliver the Products to you in accordance with the shipping information
displayed on our Website.

(d) (Delivery Issues) Third party courier terms apply to the delivery of the Products to you.
Any problems with delivery should be directed to us to troubleshoot the issue. We will
endeavour to assist you to ensure your delivery arrives. All delivery times provided to you
are estimates only and are subject to postal delays and reasons beyond our control. We
do not warrant or make any representation that your order will be delivered within the
times indicated. We will not be liable for any loss or damage suffered as a result of or in
connection with late deliveries.
(e) (Remote and International Orders) We reserve the right to refuse orders to remote
delivery addresses in Australia and international orders. Approved international orders
may be subject to customs and import duties upon reaching its country of destination.
You will be responsible for paying all customs and import duties and acknowledge that
failure to pay may result in your order being held at customs. We will not be liable for any
costs you may incur in having your order released from customs, including reimbursing
you for any customs or import duties you may pay.

7 CHANGES TO YOUR ORDER
7.1 CANCELLATION BY US
We reserve the right to cancel your order for any reason and we will notify you of this as soon as
possible. Where payment has already been debited, the full amount will be credited back to your
original method of payment.
7.2 CANCELLATION BY YOU
You may cancel your Order up to the time that we confirm your Order in writing to you. Once we
confirm your Order, your Order is binding and cannot be changed by you. However, our refunds
and exchanges process in clause 7.3 may apply.
7.3 RETURNS AND EXCHANGES
(a) We do not offer change of mind returns.
(b) We will provide a full refund of the price paid for a Product if we determine that:
(i) a Product you have ordered was not received by you solely due to failure by us;
(ii) a Product provided to you was not substantially the same as the Product you
ordered as displayed on our Website (subject to reasonable variation as a result
of screen display, colour and brightness, and image quality); or

(iii) a Product is faulty, in accordance with clause 7.3(c) , in which case we may
provide store credit, a replacement or a full refund of the price paid for a
Product.

(c) (Faulty products) The following process applies to any Product you believe to be faulty.
(i) If you believe your Product is faulty, please contact us using the details
provided on our Website with a full description of the fault (including images)
within 14 days of receiving the Product.
(ii) If we determine that your Product may be faulty, we will request that you send
the Product back to us at your cost for further inspection, including any
accessories, manuals, documentation or registration shipped with the Product.
We reserve the right to further inspection before deeming a Product faulty.
(iii) If we determine in our reasonable opinion that the Product is not faulty, or is
faulty due to fair wear and tear, misuse, failure to use in accordance with the
manufacturer’s instructions, or failure to take reasonable care, we will refuse
your return and send the Product back to you at your cost.
(iv) If we determine that the Product is faulty, we will issue you with a store credit,
replacement or refund (including shipping costs) depending on the nature of the
fault. All refunds will be credited back to your original method of payment unless
you request otherwise and we approve this request.
(v) If you fail to comply with the provisions of this clause 7 in respect of a faulty
Product, we may, in our absolute discretion, issue only a partial refund or no
refund in respect of the faulty Product.
(vi) Nothing in this clause 7 is intended to limit or otherwise affect the operation of
any manufacturers’ warranties which you may be entitled to or any of your rights
which cannot be excluded under applicable law.

8 INTELLECTUAL PROPERTY
(a) Mala Says retains all intellectual property rights in the design of the Products, including
the labelling and packaging, or those rights are owned by a third party. You must not
attempt to copy, reproduce, manufacture or otherwise commercialise the Products.
(b) In this clause 8 , “intellectual property rights” means all copyright, trade mark, design,
patent, semiconductor and circuit layout rights, trade, business, company and domain
names, confidential and other proprietary rights, and any other rights to registration of
such rights whether created before or after the date of these terms both in Australia and
throughout the world.
9 RATINGS AND REVIEWS
(a) The Website or other platforms we sell our Products on may allow you to leave ratings or
reviews regarding the relevant Products or your experience with us (each a ‘Review’).
(b) You must provide true, fair and accurate information in your Reviews.
(c) If we consider that a Review is untrue, unfair, inaccurate, offensive or inappropriate, we
may delete the Review or ban you from using the Website, or submitting future Reviews.
We do not undertake to review each Review made by a customer.
(d) To the maximum extent permitted by law, we are not responsible for the content of any
Reviews.
(e) You must only write about your own service experience or the Products you purchased.
You are not permitted to write a Review about somebody else’s service experience, such
as that of a family member or friend.
10 THIRD PARTY TERMS SUPPLIERS
(a) If we need to acquire goods or services supplied by a third party, you may be subject to
the terms and conditions of that third party (Third Party Terms).

(b) Provided that we have notified you of such Third Party Terms and provided you with a
copy of those terms (for example, a link on our Website), you agree to any Third Party
Terms applicable to any goods or services supplied by a third party that we use to
provide you with the Products or any services related to providing the Products and we
will not be liable for any loss or damage suffered by you in connection with such Third
Party Terms.

7
Part B For When You Browse This Website
11 ACCESS AND USE OF THE WEBSITE
You must only use the Website in accordance with these terms and any applicable laws, and must
ensure that your employees, sub-contractors and any other agents who use or access the Website
comply with these terms and any applicable laws.
12 YOUR OBLIGATIONS
You must not:
(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any
part or aspect of the Website without the express consent of Mala Says;
(b) use the Website for any purpose other than the purposes of browsing, selecting or
purchasing Products;
(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates
illegal or fraudulent activity;
(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create
undue burden on the Website or the servers or networks that host the Website;
(e) use the Website with the assistance of any automated scripting tool or software;
(f) act in a way that may diminish or adversely impact the reputation of Mala Says, including
by linking to the Website on any other website; and
(g) attempt to breach the security of the Website, or otherwise interfere with the normal
functions of the Website, including by:
(i) gaining unauthorised access to Website accounts or data;
(ii) scanning, probing or testing the Website for security vulnerabilities;
(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the
Website; or
(iv) instigate or participate in a denial-of-service attack against the Website.

13 INFORMATION ON THE WEBSITE
(a) While we make every effort to ensure that the information on the Website is as up-to-date
and accurate as possible, you acknowledge and agree that from time to time, you may
encounter the following issues:
(i) the Website may have errors or defects (or both, as the case may be);
(ii) the Website may not be accessible at times;
(iii) messages sent through the Website may not be delivered promptly, or delivered
at all;
(iv) information you receive or supply through the Website may not be secure or
confidential; and
(v) any information provided through the Website may not be accurate or true.
(b) We reserve the right to change any information or functionality on the Website by
updating the Website at any time without notice, including product descriptions, prices
and other Website Content (as defined below).

14 INTELLECTUAL PROPERTY
(a) We retain ownership of the Website and all materials on the Website (including text,
graphics, logos, design, icons, images, sound and video recordings, pricing, downloads
and software) (Website Content) and reserves all rights in any intellectual property rights
owned or licensed by it not expressly granted to you.

(b) You may make a temporary electronic copy of all or part of the Website for the sole
purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell,
modify or publish the Website or any Website Content without prior written consent from
Mala Says or as permitted by law.
(c) In this clause 14 , “intellectual property rights” means all copyright, trade mark, design,
patent, semiconductor and circuit layout rights, trade, business, company and domain
names, confidential and other proprietary rights, and any other rights to registration of
such rights whether created before or after the date of these terms both in Australia and
throughout the world.
15 LINKS TO OTHER WEBSITES
(a) The Website may contain links to other websites that are not our responsibility. We have
no control over the content of any linked websites, and we are not responsible for that
content.
(b) Inclusion of any linked website on the Website does not imply our approval or
endorsement of the linked website.

16 THIRD PARTY PLATFORM
(a) This Website is powered by third party platforms and the terms and conditions of third
parties may apply to your use of this Website to the extent applicable to you. Those terms
can be accessed here: https://www.squarespace.com/terms-of-service and here:
https://www.shopify.com/au/legal/terms.
(b) To the maximum extent permitted under applicable law and our agreement with our third
party platform provider, we will not be liable for any acts or omissions of that third party,
including in relation to any fault or error of the Website or any issues experienced in
placing Orders.

17 SECURITY
To the maximum extent permitted by law, Mala Says does not accept responsibility for loss or
damage to computer systems, mobile phones or other electronic devices arising in connection with
use of the Website. You should take your own precautions to ensure that the process that you
employ for accessing the Website does not expose you to risk of viruses, malicious computer code
or other forms of interference.
18 REPORTING MISUSE
If you become aware of misuse of the Website by any person, any errors in the material on the
Website or any difficulty in accessing or using the Website, please contact us immediately using
the contact details or form provided on our Website.

9
Part C Liability And Other Legal Terms
19 LIABILITY
19.1 WARRANTIES
Under the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth)
(ACL), you may be entitled to certain remedies (like a refund, replacement or repair) if there is
failure with the goods or services provided. Nothing in these terms is intended to limit the operation
of the ACL. Please note that:
(a) Products sold by Mala Says, will have only the benefit of any warranty given, and
insurance held, by the manufacturer.
(b) To the maximum extent permitted by applicable law, all express or implied
representations and warranties not expressly stated in this agreement are excluded.

19.2 LIABILITY
(a) To the maximum extent permitted by law and subject to clause 19.2(b) , the total liability of
each party in respect of loss or damage sustained by the other party in connection with
these terms is limited to the total Fees paid by you to us under the most recent Order.
(b) Clause 19.2(a) does not apply to your liability in respect of loss or damage sustained by
us arising from your breach of this agreement, your breach of third party intellectual
property rights or your criminal, negligent or fraudulent act or omission.
(c) Claims for loss of or damage to Products in transit must be made against the carrier.
19.3 CONSEQUENTIAL LOSS
To the maximum extent permitted by law, neither party will be liable for any incidental, special or
consequential loss or damages, or damages for loss of data, business or business opportunity,
goodwill, anticipated savings, profits or revenue in connection with this agreement or any Products
or services provided by us, except:
(a) in relation to a party’s liability for fraud, personal injury, death or loss or damage to
tangible property; or
(b) to the extent this liability cannot be excluded under the Competition and Consumer Act
2010 (Cth).
20 GENERAL
20.1 GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in New South Wales, Australia. Each party
irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and
courts of appeal from them in respect of any proceedings arising out of or in connection with these
terms. Each party irrevocably waives any objection to the venue of any legal process on the basis
that the process has been brought in an inconvenient forum.
20.2 WAIVER
No party to these terms may rely on the words or conduct of any other party as a waiver of any
right unless the waiver is in writing and signed by the party granting the waiver.
20.3 SEVERANCE
Any term of these terms which is wholly or partially void or unenforceable is severed to the extent
that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not
limited or otherwise affected.
20.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or
benefits them jointly and severally.

20.5 ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under these
terms without the prior written consent of the other party.
20.6 COSTS
Except as otherwise provided in these terms, each party must pay its own costs and expenses in
connection with negotiating, preparing, executing and performing these terms.
20.7 ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior
negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to
the subject matter of these terms.
20.8 INTERPRETATION
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (gender) words indicating a gender includes the corresponding words of any other
gender;
(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech
or grammatical form of that word or phrase has a corresponding meaning;
(d) (person) a reference to “person” or “you” includes an individual, the estate of an
individual, a corporation, an authority, an association, consortium or joint venture
(whether incorporated or unincorporated), a partnership, a trust and any other entity;
(e) (party) a reference to a party includes that party’s executors, administrators, successors
and permitted assigns, including persons taking by way of novation and, in the case of a
trustee, includes any substituted or additional trustee;
(f) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or
annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or
annexure to or of these terms, and a reference to these terms includes all schedules,
exhibits, attachments and annexures to it;
(g) (document) a reference to a document (including these terms) is to that document as
varied, novated, ratified or replaced from time to time;
(h) (headings) headings and words in bold type are for convenience only and do not affect
interpretation;
(i) (includes) the word “includes” and similar words in any form is not a word of limitation;
and
(j) (adverse interpretation) no provision of these terms will be interpreted adversely to a
party because that party was responsible for the preparation of these terms or that
provision.
21 NOTICES
(a) Any notices required to be sent under this agreement must be sent via email using the
party’s email addresses set out in this agreement, and the email’s subject heading must
refer to the name and date of this agreement.
(b) If no email address is stated in this agreement, the notice may be sent to the email
address most commonly used by the parties to correspond in relation to this agreement
at the time the notice is sent.
(c) The notice will be considered to be delivered 24 hours after it was sent, unless the sender
has reason to believe the email failed to send or was otherwise not delivered or received.