Terms & Conditions
Effective Date: March 31st, 2022
Site Covered: milukocollective.com
THE AGREEMENT
The use of this website and services on this website provided by MILUKO COLLECTIVE (hereinafter referred to as "Company") are subject to the following Terms & Conditions (hereinafter the "Agreement"), all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as "Website") and any services provided by or on this Website ("Services").
1) DEFINITIONS
The parties referred to in this Agreement shall be defined as follows:
- a) Company, Us, We: The Company, as the creator, operator, and publisher of the Website, makes the Website, and certain Services on it, available to users. MILUKO COLLECTIVE, Company, Us, We, Our, Ours and other first-person pronouns will refer to the Company, as well as all employees and affiliates of the Company.
- b) You, the User, the Client: You, as the user of the Website, will be referred to throughout this Agreement with second-person pronouns such as You, Your, Yours, or as User or Client.
- c) Parties: Collectively, the parties to this Agreement (the Company and You) will be referred to as Parties.
2) ASSENT & ACCEPTANCE
By using the Website, You warrant that You have read and reviewed this Agreement and that You agree to be bound by it. If You do not agree to be bound by this Agreement, please leave the Website immediately. The Company only agrees to provide use of this Website and Services to You if You assent to this Agreement.
3) LICENSE TO USE WEBSITE
The Company may provide You with certain information as a result of Your use of the Website or Services. Such information may include, but is not limited to, documentation, data, or information developed by the Company, and other materials which may assist in Your use of the Website or Services ("Company Materials"). Subject to this Agreement, the Company grants You a non-exclusive, limited, non-transferable and revocable license to use the Company Materials solely in connection with Your use of the Website and Services. The Company Materials may not be used for any other purpose, and this license terminates upon Your cessation of use of the Website or Services or at the termination of this Agreement.
4) INTELLECTUAL PROPERTY
You agree that the Website and all Services provided by the Company are the property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Company IP"). You agree that the Company owns all right, title and interest in and to the Company IP and that You will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.
- a) In order to make the Website and Services available to You, You hereby grant the Company a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of any content You publish, upload, or otherwise make available to the Website ("Your Content"). The Company claims no further proprietary rights in Your Content.
- b) If You feel that any of Your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of Our users, please contact Us and let Us know.
5) USER OBLIGATIONS
As a user of the Website or Services, You may be asked to register with Us. When You do so, You will choose a user identifier, which may be Your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, Your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable You to use the Website and Services. You must not share such identifying information with any third party, and if You discover that Your identifying information has been compromised, You agree to notify Us immediately in writing. Email notification will suffice. You are responsible for maintaining the safety and security of Your identifying information as well as keeping Us apprised of any changes to Your identifying information. Providing false or inaccurate information, or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement.
6) ACCEPTABLE USE
You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of the Company.
- a) You further agree not to use the Website or Services:
- I) To harass, abuse, or threaten others or otherwise violate any person's legal rights;
- II) To violate any intellectual property rights of the Company or any third party;
III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
- IV) To perpetrate any fraud;
- V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
- VI) To publish or distribute any obscene or defamatory material;
VII) To publish or distribute any material that incites violence, hate, or discrimination towards any group;
VIII) To unlawfully gather information about others.
7) PRIVACY INFORMATION
Through Your Use of the Website and Services, You may provide Us with certain information. By using the Website or the Services, You authorize the Company to use Your information in the United States and any other country where We may operate.
- a) Information We May Collect or Receive: When You register for an account, You provide Us with a valid email address and may provide Us with additional information, such as Your name or billing information. Depending on how You use Our Website or Services, We may also receive information from external applications that You use to access Our Website, or We may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
- b) How We Use Information: We use the information gathered from You to ensure Your continued good experience on Our website, including through email communication. We may also track certain aspects of the passive information received to improve Our marketing and analytics, and for this, We may work with third-party providers.
- c) How You Can Protect Your Information: If You would like to disable Our access to any passive information We receive from the use of various technologies, You may choose to disable cookies in Your web browser. Please be aware that the Company will still receive information about You that You have provided, such as Your email address. If You choose to terminate Your account, the Company will store information about You for the following number of days: 90. After that time, it will be deleted.
8) SALE OF GOODS/SERVICES
The Company may sell goods or services or allow third parties to sell goods or services on the Website. The Company undertakes to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, the Company does not guarantee the accuracy or reliability of any product information, and You acknowledge and agree that You purchase such products at Your own risk.
Separate charges for shipping will be shown in your order receipt confirmation email and can be viewed during the checkout process before finalizing your order. For further information about shipping and handling charges, see [Shipping Information].
9) SHIPPING/DELIVERY/RETURN POLICY
You agree to ensure payment for any items You may purchase from Us, and You acknowledge and affirm that prices are subject to change. When purchasing a physical good, You agree to provide Us with a valid email and shipping address, as well as valid billing information. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information that You provide to us. If We do so after payment has been processed, We will issue a refund to You in the amount of the purchase price. We also may request additional information from You prior to confirming a sale, and We reserve the right to place any additional restrictions on the sale of any of Our products. You agree to ensure payment for any items You may purchase from Us, and You acknowledge and affirm that prices are subject to change. For the sale of physical products, We may pre authorize Your credit or debit card at the time You place the order, or We may simply charge Your card upon shipment. You agree to monitor Your method of payment. Shipment costs and dates are subject to change from the costs and dates that You are quoted due to unforeseen circumstances. For any questions, concerns, or disputes, You agree to contact Us in a timely manner at the following: milukocollective@gmail.com.
If you are unhappy with anything You have purchased on Our Website, You may do the following:
Due to the use of one-of-a-kind, hand crafted materials all custom orders are final sale. To be eligible for a return, the product must be unused, free of damage, in its original packaging, in the same condition as when you received it, and the timeframe must be within 14 days of your purchase. If your purchase does not meet the previously specified parameters then you’re not eligible for a return. Mahalo for your understanding. You must first contact us by email and provide proof of purchase or a receipt. You’re responsible for shipping the item back to us. After we’ve received and inspected the product we’ll notify you by email with either the approval or rejection of your refund. If approved then we will process your refund within a certain amount of days. Sale items are not eligible for refunds. We only offer exchanges for defective or damaged products when applicable. Due to our geographical location in Hawaii it may take some time for exchanges to reach you. We strongly advise you to purchase shipping insurance or tracking to ensure the item doesn’t get lost. We are not responsible if we don’t receive the returned item. Please contact us with any concerns at milukocollective@gmail.com.
10) REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
- a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services;
- b) Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
11) DATA LOSS
The Company does not accept responsibility for the security of Your account or content. You agree that Your use of the Website or Services is at Your own risk.
12) INDEMNIFICATION
You agree to defend and indemnify the Company and any of its affiliates (if applicable) and hold Us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to Your use or misuse of the Website or Services, Your breach of this Agreement, or Your conduct or actions. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes. You agree to use all products safely, as instructed according to MILUKO COLLECTIVE’S directions and warnings. By purchasing and using our product, you shall and do hereby agree to indemnify and hold MILUKO COLLECTIVE free and harmless from any liability for incidental or consequential damages, from any third-party claims for damages against their property, and from any liability whatsoever arising out of the application or use of any product. Furthermore, MILUKO COLLECTIVE shall not be responsible for any damage that may occur due to misuse of its products or related directly or indirectly with candle burning.
13) SPAM POLICY
You are strictly prohibited from using the Website or any of the Company's Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
14) THIRD-PARTY LINKS & CONTENT
The Company may occasionally post links to third party websites or other services. You agree that the Company is not responsible or liable for any loss or damage caused as a result of Your use of any third party services linked to from Our Website.
15) MODIFICATION & VARIATION
The Company may, from time to time and at any time without notice to You, modify this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
- a) To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, You agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
- b) You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of this Agreement. You agree that Your continued use of the Website after any modifications to this Agreement is a manifestation of Your continued assent to this Agreement.
- c) In the event that You fail to monitor any modifications to or variations of this Agreement, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement.
16) ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.
17) SERVICE INTERRUPTIONS
The Company may need to interrupt Your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.
18) TERM, TERMINATION & SUSPENSION
The Company may terminate this Agreement with You at any time for any reason, with or without cause. The Company specifically reserves the right to terminate this Agreement if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If You have registered for an account with Us, You may also terminate this Agreement at any time by contacting Us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
19) NO WARRANTIES
You agree that Your use of the Website and Services is at Your sole and exclusive risk and that any Services provided by Us are on an "As Is" basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that the Website or Services will meet Your needs or that the Website or Services will be uninterrupted, error-free, or secure. The Company also makes no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to You, through Your computer system, or as a result of loss of Your data from Your use of the Website or Services is Your sole responsibility and that the Company is not liable for any such damage or loss.
20) LIMITATION ON LIABILITY
The Company is not liable for any damages that may occur to You as a result of Your use of the Website or Services, to the fullest extent permitted by law. The maximum liability of the Company arising from or relating to this Agreement is limited to the greater of one hundred ($100) US Dollars or the amount You paid to the Company in the last six (6) months. This section applies to any and all claims by You, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
Effective Date: March 31, 2022
Site Covered: milukocollective.com
THE AGREEMENT
The use of this website and the services provided by MILUKO COLLECTIVE (hereinafter referred to as "Company") are subject to the following Terms & Conditions (hereinafter the "Agreement"), which are incorporated by reference here. This Agreement governs the use of all pages on this website (hereinafter collectively referred to as "Website") and any services provided by or on this Website ("Services").
1) DEFINITIONS
The parties referred to in this Agreement shall be defined as follows:
- a) Company, Us, We: Refers to MILUKO COLLECTIVE, the creator, operator, and publisher of the Website. Terms such as Company, Us, We, Our, and Ours will refer to the Company, including all employees and affiliates.
- b) You, the User, the Client: Refers to you, the user of the Website. Terms such as You, Your, Yours, User, or Client will refer to you.
- c) Parties: Collectively, the Company and you will be referred to as the Parties.
2) ASSENT & ACCEPTANCE
By using the Website, you warrant that you have read and reviewed this Agreement and agree to be bound by it. If you do not agree to this Agreement, please exit the Website immediately. The Company agrees to provide access to the Website and Services only if you accept this Agreement.
3) LICENSE TO USE WEBSITE
The Company may provide you with certain materials as a result of your use of the Website or Services, including documentation, data, or information developed by the Company ("Company Materials"). Subject to this Agreement, the Company grants you a non-exclusive, limited, non-transferable, and revocable license to use the Company Materials solely in connection with your use of the Website and Services. This license terminates upon your cessation of use of the Website or Services or upon termination of this Agreement.
4) INTELLECTUAL PROPERTY
You agree that the Website and all Services are the property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Company IP"). The Company owns all rights, title, and interest in the Company IP. You agree not to use the Company IP for unlawful or infringing purposes and not to reproduce or distribute the Company IP without express written permission from the Company.
- a) To make the Website and Services available to you, you grant the Company a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit, and create derivative works of any content you publish, upload, or make available on the Website ("Your Content"). The Company claims no further proprietary rights in Your Content.
- b) If you believe your intellectual property rights have been infringed by another user, please contact us.
5) USER OBLIGATIONS
When registering with the Website, you will choose a user identifier and password and may provide personal information, including your name. You are responsible for the accuracy of this information and must keep it confidential. If your identifying information is compromised, you agree to notify us immediately. You are responsible for maintaining the security of your identifying information and for updating it as needed. Providing false information or using the Website for unlawful activities may result in immediate termination of this Agreement.
6) ACCEPTABLE USE
You agree not to use the Website or Services for any unlawful purpose or in any way that could damage the Website, Services, or the Company's business.
- a) You agree not to use the Website or Services to: I) Harass, abuse, or threaten others or violate their legal rights; II) Violate any intellectual property rights of the Company or third parties; III) Upload or disseminate any computer viruses or harmful software; IV) Commit fraud; V) Engage in unlawful gambling, sweepstakes, or pyramid schemes; VI) Publish or distribute obscene or defamatory material; VII) Incite violence, hate, or discrimination towards any group; VIII) Unlawfully gather information about others.
7) PRIVACY INFORMATION
Through your use of the Website and Services, you may provide us with certain information. By using the Website or Services, you authorize the Company to use your information in the United States and other countries where we operate.
- a) Information We May Collect or Receive: When you register, you provide us with a valid email address and may provide additional information, such as your name or billing details. We may also receive information through web technologies, such as cookies.
- b) How We Use Information: We use your information to ensure a good experience on our Website and may use it for marketing and analytics. We may work with third-party providers for these purposes.
- c) How You Can Protect Your Information: You can disable cookies in your browser, but we will still receive information you provide. If you terminate your account, we will store your information for 90 days before deletion.
8) SALE OF GOODS/SERVICES
The Company may offer goods or services for sale directly or through third parties on the Website. While we strive to provide accurate product descriptions and images, we do not guarantee their complete reliability. You acknowledge that any purchases are made at your own risk.
Shipping charges will be displayed separately during checkout and in your order confirmation email.
9) SHIPPING/DELIVERY/RETURN POLICY
You agree to pay for items purchased and provide valid email, shipping, and billing information. We reserve the right to reject or cancel orders due to errors in your information and will issue a refund if payment has been processed. Additional information may be requested before confirming a sale, and we may place restrictions on product sales.
Shipping: We may pre-authorize your payment method or charge your card upon shipment. Shipping costs and delivery dates are subject to change due to unforeseen circumstances. We will notify you promptly of any significant changes to shipping costs or dates. If you have any questions or disputes regarding shipping, contact us at milukocollective@gmail.com.
Returns: Custom orders are final sale. For other products, returns are accepted if the product is unused, undamaged, in its original packaging, and within 14 days of purchase. To initiate a return, contact us by email with proof of purchase. You are responsible for return shipping costs, except in cases where the product is defective or damaged upon receipt, where we will cover return shipping costs. We recommend purchasing shipping insurance or tracking for returns to avoid lost items. We are not responsible for lost returns. Refunds are processed within 14 days of receipt of the returned item. Sale items are not eligible for refunds. Exchanges are only available for defective or damaged products, and due to our location in Hawaii, exchanges may take longer. Contact us with any concerns at milukocollective@gmail.com.
Refund Processing Time: Refunds are processed within 14 days of receipt of the returned item. We will notify you via email once your refund has been processed. Please note that it may take additional time for the refund to appear on your account statement depending on your bank or credit card issuer’s processing times.
10) REVERSE ENGINEERING & SECURITY
You agree not to:
- a) Reverse engineer or disassemble any code or software from the Website or Services; b) Violate the security of the Website or Services through unauthorized access, encryption circumvention, data mining, or interference with any host, user, or network.
11) DATA LOSS
The Company does not accept responsibility for any loss or damage to your data or content. You acknowledge and agree that your use of the Website and Services is at your own risk.
12) INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company and its affiliates from any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or related to your use of the Website or Services, your breach of this Agreement, or your conduct. This includes, but is not limited to, any claims related to the use of products or services, or any damages resulting from the misuse of products, including but not limited to those related to candle burning. The Company retains the right to choose its own legal counsel and participate in its defense.
13) SPAM POLICY
You are prohibited from using the Website or Services for spam activities, including but not limited to, collecting email addresses or personal information from others, or sending unsolicited commercial emails.
14) THIRD-PARTY LINKS & CONTENT
The Website may contain links to third-party websites or services. The Company is not responsible for any loss or damage arising from your use of these third-party links or services.
15) MODIFICATION & VARIATION
The Company may modify this Agreement at any time without notice. All modifications will be effective immediately upon posting on the Website. By continuing to use the Website, you agree to the modified Agreement. If any part of this Agreement is found to be invalid or unenforceable, the remaining provisions will continue to apply. You are encouraged to review the Agreement regularly and clear your cache to ensure you are accessing the most current version. Failure to monitor changes will be considered a waiver of your right to review the modified Agreement.
16) ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Parties regarding your use of the Website and supersedes any prior agreements or understandings, whether written or oral.
17) SERVICE INTERRUPTIONS
The Company may interrupt access to the Website for maintenance or emergencies, either scheduled or unscheduled. The Company is not liable for any damage or loss caused by such interruptions.
18) TERM, TERMINATION & SUSPENSION
The Company reserves the right to terminate this Agreement at any time for any reason, with or without cause. If you violate any terms, including intellectual property rights or legal obligations, the Company may terminate this Agreement. You may terminate your account by contacting us. Provisions that naturally survive termination will remain in effect.
19) NO WARRANTIES
The Website and Services are provided on an "As Is" basis. The Company disclaims all warranties, express or implied, including but not limited to implied warranties of fitness for a particular purpose and merchantability. The Company does not guarantee that the Website or Services will meet your requirements or be uninterrupted, error-free, or secure. Any damage or loss resulting from your use of the Website or Services is your responsibility.
20) LIMITATION ON LIABILITY
To the fullest extent permitted by law, the Company is not liable for any damages resulting from your use of the Website or Services. The maximum liability is limited to the greater of $100 or the amount you paid to the Company in the last six months. This limitation applies to all claims, including but not limited to lost profits, consequential damages, negligence, or torts.
21) GENERAL PROVISIONS
- a) LANGUAGE: All communications and notices related to this Agreement shall be in English.
- b) JURISDICTION, VENUE & CHOICE OF LAW: By using the Website or Services, you agree that the laws of the State of Hawaii shall govern any disputes arising from this Agreement. Any litigation permitted under this Agreement must be filed in the state or federal courts located in Honolulu County, Hawaii. You consent to the personal jurisdiction of these courts and waive any objections to venue, including those based on the doctrine of forum non conveniens.
- c) ARBITRATION: In the event of a dispute arising from this Agreement, the Parties shall first attempt to resolve the issue through personal, good-faith negotiations. If these attempts fail, the dispute shall be resolved through binding arbitration conducted in Honolulu County. The arbitration will be overseen by a single arbitrator, who will not have the authority to modify this Agreement, award punitive damages, or certify a class. Federal law and the laws of Hawaii will govern the arbitration. Each Party will bear its own costs and fees. Claims requiring arbitration include, but are not limited to, contract claims, tort claims, and claims based on federal, state, or local laws. Intellectual property claims by the Company are exempt from arbitration and may be litigated. Both Parties waive their right to a jury trial for arbitral claims.
- d) ASSIGNMENT: You may not assign, sell, lease, or transfer this Agreement or the rights granted under it. If the Company assigns, sells, leases, or transfers this Agreement, its rights and liabilities will bind and benefit the assignees, administrators, successors, and executors.
- e) SEVERABILITY: If any part of this Agreement is found to be invalid or unenforceable by a court or arbitrator, the remaining provisions will remain in effect. The invalid or unenforceable provision will be modified to reflect the original intent to the maximum extent allowed by law.
- f) NO WAIVER: Failure by the Company to enforce any provision of this Agreement does not constitute a waiver of future enforcement of that provision or any other provision. Waiver of any part of this Agreement does not constitute a waiver of any other part.
- g) HEADINGS FOR CONVENIENCE ONLY: Headings used in this Agreement are for organizational purposes only and do not affect the meaning of any provisions.
- h) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: This Agreement does not create any agency, partnership, or joint venture between the Parties. No Party has the authority to bind the other to third parties.
- i) FORCE MAJEURE: The Company is not liable for failure to perform due to causes beyond its reasonable control, including but not limited to, acts of civil or military authorities, riots, embargoes, natural disasters, and other unforeseen circumstances.
- j) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications, including email, are allowed under this Agreement. For questions or concerns, please contact us at milukocollective@gmail.com.
22) PROMOTIONAL CODES
Occasionally, we offer special promotions that can be applied to your order using a promotional code. To use a promotional code, enter it in the designated field in your shopping bag and click "apply." Only one promotional code may be used per transaction, and they cannot be used for purchasing gift vouchers or combined with other discounts. Promotional codes are only valid for purchases made through the E-BOUTIQUE and cannot be exchanged for cash. Delivery charges are excluded from discount calculations. Unless stated otherwise, each promotional code may be used once per customer and cannot be applied to orders placed outside the specified promotional period.
23) GIFT CARDS
E-Gift cards purchased from the website are not redeemable for cash and may only be used to buy products from the site. They cannot be used to buy other E-Gift cards or in combination with promotional codes. E-Gift cards are partially redeemable, and it is the cardholder's responsibility to use the full value before the card expires. Any remaining balance after expiration will not be refunded or credited. If a purchase exceeds the card balance, the difference must be paid with another form of payment. E-Gift cards should be treated like cash; we are not responsible for lost or stolen cards.
QUESTIONS AND CONTACT INFORMATION
For questions, or to access, correct, amend, or delete any personal information, register a complaint, or obtain more information, please contact us at milukocollective@gmail.com.