Copyright

LUKEN TERMS OF USE

 

INTRODUCTION

Welcome, this website (including related domains and mobile sites, “Site”) is operated by Luken Design, an online flatpack furniture company. Throughout this site, the terms “we”, “us”, “our” and “Luken” refer to Luken Design. We encourage you to read the following terms governing your use of and purchase of products from the Site (“Services”). By your use of the Site and/ or by providing personally identifiable data about you to us, you agree to be bound by these Terms of Use (“Terms of Service”, "Terms"). If you do not agree to these Terms, please do not use the website or any Services provided by us.

Our Site is hosted by Shopify Inc. They enable us to sell our products and services to you by providing us with the online e-commerce platform.

The headings used in this agreement are included only for convenience and will not limit or otherwise affect any of the terms contained in this Terms of Service.

These Terms of Service are to be deemed as an invitation to treat and not an offer in any circumstances.

 

CONDITIONS OF USE

By agreeing to and consenting to the terms and conditions detailed herewith, you expressly represent the following;

1. You are of legal age and have attained the age of majority in your state and/or country of residence to enter into a binding contract with Luken;
2. You are not legally barred or restrained from entering a binding contract with Luken.

You may not use our products for any illegal or unauthorised purpose. You are also barred from using our Services to violate any laws in your jurisdiction, including Copyright Laws and Intellectual Property laws.

We reserve the right to refuse service to anyone for any reason at any time.

 

OWNERSHIP AND COPYRIGHT

Copyrights, trademarks, design rights and all other intellectual property rights and other rights (relating to the Services provided by us are the property of Luken Design. The services provided by Luken may only be used for the intended purpose which they are being made available.

Images of products displayed on the Services may only be copied from the services for non-commercial personal use only and may only be used on the express condition that all copyrights and other rights abovementioned are kept intact and maintained.

 

AMNEDMENTS TO SERVICES AND PRICES

While we will use our best efforts to fulfil all orders, Luken cannot guarantee the availability of any product displayed through the services. Our site may contain historical information. Historical information, by its definition is not current and is provided for your reference only.

We reserve the right to modify the contents of this site at any time, but Luken has no obligation to update any information on our site. Luken is not responsible if information made available on this site is not accurate, complete, or current.

We reserve the right to change the prices for our products included in the services without notice. We further reserve the right to at any time to modify or discontinue the services without notice at any time. No liability shall arise from you or any third party for any modification, price change, suspension, or discontinuation of services.

 

PROHIBITED CONDUCT

You agree that you will not use the Site or Services to:

1. Scrape, copy, download, or distribute any other user’s personal information without their written consent.
2. Modify, alter, reverse engineer, or create derivative works from Luken’s Products or the Website.
3. Use the Site or Services for any illegal or unauthorized purpose.
4. Upload or transmit any material that is harmful, obscene, defamatory, or otherwise objectionable.
5. Interfere with or disrupt the Site or Services.
6. Create multiple Accounts.
7. Impersonate any person or entity.
8. Use the Site or Services for any commercial purpose without Luken’s prior written consent.

 

SITE TRANSACTIONS AND PAYMENTS

We reserve the right to request further identification for credit card processing on any order you place with us. We reserve the right to change and/or refuse any order you enter on the Site. We reserve the right, in our sole discretion, to limit or cancel quantities purchased per person, per household, per company or per order; including multiple orders entered by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgement and opinion, appear to be placed by dealers, resellers or distributors.

RETURNS AND DEFECTIVE PRODUCTS RESOLUTION POLICY

Upon receiving your purchased items, we strongly encourage you to meticulously inspect each item for any damage or manufacturer's defects. In the unfortunate event that you identify any issues, we are dedicated to promptly addressing and resolving the matter.

For items received that are damaged or exhibiting a manufacturer's defect, please take the following steps:

1. Timely Reporting: Contact our Customer Care Team at the contact details specified in your order confirmation within 72 hours of receiving the delivery. This step is crucial to initiate the resolution process.
2. Available Remedies: Depending on the nature of the issue, we offer the following remedies:
• Repair of the damaged item;
• Replacement of the damaged or defective item.

Exceptions to Final Sales:

All sales are generally considered final; however, we acknowledge the following exceptions:

1. Damaged or Defective Items: Returns are accepted for items delivered damaged or defective, provided the issue is reported to us with photographic proof within 72 hours after delivery.
2. Non-Returnable Categories:
• Final-Sale and Clearance Items
• Special Orders
• Monogrammed or Personalized Items (except for items delivered damaged or defective, reported with proof within 72 hours after delivery)

Defective Product Resolution Timeline:

Luken Design, as the seller, is committed to addressing defective products promptly. In the case of damaged or defective items reported within the stipulated 72-hour timeframe, Luken Design will make every effort to replace and reship a product that is identical or similar within 45 business days from the receipt of the damaged goods by Luken Design.

 

PRIVACY POLICY & PERSONAL INFORMATION

Luken’s Privacy Policy, which is posted on this Site, is to be deemed as incorporated into these terms and are to be read together with these Terms of Use. Our Privacy Policy is available at _____________. Usage of your personal information by us is also governed by the aforesaid privacy policy available at the link provided.

RATINGS, REVIEWS AND CUSTOMER FEEDBACK

If you choose to send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to;

• to maintain any comments in confidence;
• to pay compensation for any comments;
• to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

 

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Luken Design, any subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

Luken does not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We further do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time-to-time Luken is well within our rights to remove products or Services for indefinite periods of time or cancel Services at any time, without notice to you.

You expressly agree that your use of, or inability to use, the services are at your sole risk. All products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Luken Design, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

 

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by us or formally terminated by you with written notice.

You may terminate these Terms of Service at any time by notifying us in writing that you no longer wish to use our services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services or any part thereof.

AMENDMENTS TO TERMS

Luken may make changes to the Terms of Service from time to time. You can always review the most current version of the terms at any time on this page. We hereby reserve and maintain the irrefutable right to update, replace, amend, or change any part of the terms at any time on this page. The responsibility lies on you to check this page periodically for any updates or changes to said terms and your continued use constitutes acceptance of the aforesaid changes.

SEVERABILITY

If any of the provisions contained in this Terms of Service shall for any reason be deemed illegal, invalid or otherwise unenforceable such provision shall be deemed to have been severed therefrom and the remaining provisions herein shall continue to be valid and enforceable to the fullest extent permissible by law.

ENTIRE AGREEMENT

These Terms of Service, other agreements and policies referred to herein constitutes the entire agreement between you and Luken Design. Any understandings or agreements preceding this Terms of Service whether oral or written are hereby superseded.

GOVERNING LAW AND JURISDICTION

The Terms of Service shall be governed by and construed in accordance with the laws of Malaysia, regardless of where the user is based. You hereby agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in the country of Malaysia and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.