Terms of service

Welcome to Arku! The terms “we”, “us” and “our” refer to Arku. Arku operates this store and website, including all related information, content, features, tools, products and services, to provide you, the customer, with a tailored shopping experience (“the Services”). Arku is powered by Shopify, which enables us to provide the Services to you. 

The following terms and conditions, together with any policies referred to herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights and cover areas such as disclaimers and limitations of liability.

When you visit, interact with or use our Services, you agree to be bound by these Terms of Service and our privacy policy [LINK]. If you do not agree to these Terms of Service or the privacy policy, you should not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in the country where you live, and you have given us your consent to allow your minor dependants to use the Services on devices that you own, purchase or manage. 
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment and shipping information. You represent and warrant that all information you provide in our stores is accurate, current and complete, and that you have all necessary rights to provide this information.
You are solely responsible for maintaining the security of your account information and for all activity on your account. You may not transfer, sell, assign or license your account to any other person.

SECTION 2 – OUR PRODUCTS
We have made every effort to provide an accurate description of our products and services in our online stores. Please note, however, that colours or product appearance may differ from how they appear on your screen due to the type of device you use to access the store and your device's settings and configuration.
We do not warrant that the appearance or quality of products or services you purchase will meet your expectations or be the same as displayed or described in our online stores.
All product descriptions may be changed at any time without notice at our sole discretion. We reserve the right to remove any product at any time, and we may limit the quantity of any product that we offer to any person, geographic area or jurisdiction on a case-by-case basis.

SECTION 3 – ORDERS
When you place an order, you make an offer to purchase. Arku reserves the right to accept or reject your order for any reason at its sole discretion. Your order is not accepted until Arku has confirmed that it has been accepted. We must receive and process your payment before your order is accepted. Review your order carefully before submitting it, as Arku may not be able to accommodate cancellation requests after an order has been accepted. In the event that we do not accept or that we change or cancel an order, we will attempt to notify you by contacting the email address, billing address and/or telephone number provided at the time the order was placed.
Your purchases may only be returned or exchanged in accordance with our refund policy [LINK].
You represent and warrant that your purchases are for your own personal use or use in your household and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING
Prices, discounts and promotions may change without notice. The price charged for a product or service is the price in effect at the time the order is placed and will appear in your order confirmation email. Unless otherwise expressly stated, the stated prices do not include taxes, shipping, handling, customs duties or import charges.
Prices in our online stores may differ from prices offered in physical stores or online stores or other stores operated by third parties. From time to time, we may offer promotions through the Services that may affect pricing and are subject to terms and conditions separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotional terms apply.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as necessary.
You represent and warrant that (i) the credit card information you provide is true, accurate and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honoured by your credit card company, and (iv) you will pay charges incurred by you at the stated prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for delays in shipping and delivery. All delivery times are estimates only and cannot be guaranteed. We are not responsible for delays caused by carriers, customs clearance or events beyond our control. When we transfer the products to the carrier, ownership and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY RIGHTS
Our Services, including, but not limited to, all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by Arku, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms only permit you to use the Services for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Services without our prior written consent. Except as expressly stated herein, nothing in these Terms grants or shall be construed as granting you a license or other rights under any patent, trademark, copyright or other intellectual property belonging to Arku, Shopify or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by Arku.
Arku's names, logos, product and service names, designs and slogans are trademarks of Arku or its affiliates or licensors. You may not use such trademarks without prior written permission from Arku. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS
You may access customer tools offered by third parties as part of the Services, which we neither monitor nor have any control over or influence on.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations or conditions of any kind and without any endorsement. We assume no liability arising from or in connection with your use of optional third-party tools.
Any use of the optional tools offered through the website is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve the terms of the tools provided by the relevant third-party provider or providers.
We may also in the future offer new features through the Services (including the release of new tools and resources). Such new features shall also be considered part of the Services and are subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any integrated third-party functionality). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party websites, you do so at your own risk.
We are not responsible for any damages in connection with your access to third-party websites or your purchase or use of products, services, resources or content on third-party websites. Carefully review the third party's policies and practices, and make sure that you understand them before completing a transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY
Arku is powered by Shopify, which enables us to provide the Services to you. However, any sale and purchase you make in our store is directly with Arku. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and Arku, including any damages or losses resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages and liabilities that may arise from or in connection with your purchases and transactions with Arku. 

SECTION 10 – PRIVACY POLICY
All personal information that we collect through the Services is subject to our privacy policy, and certain personal information may be subject to Shopify's privacy policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transferred to and shared with Shopify as well as third parties that may be located in countries other than where you live in order to provide Services to you. Please read our privacy policy for more information about how we, Shopify and our partners use your personal information.

SECTION 11 – FEEDBACK
If you submit, upload, send, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any media for any purpose, including commercial use. For example, we may use our rights under this license to operate, provide, evaluate, improve and promote the Services and to fulfil our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback, (ii) you have disclosed any form of compensation or incentive you have received in connection with your submission of Feedback, and (iii) your Feedback will comply with these Terms. We are not and shall not be obliged to (1) keep your Feedback confidential, (2) pay compensation for your Feedback, or (3) respond to your Feedback.
We may, but are not obligated to, monitor, edit or remove Feedback that we, in our sole discretion, consider unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or to infringe any party's intellectual property or these Terms of Service.
You represent that your Feedback will not infringe any third party's rights, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further represent that your Feedback will not contain defamatory or otherwise unlawful, abusive or obscene Feedback or contain computer viruses or other malware that may in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of Feedback. You are solely responsible for all Feedback you provide and its accuracy. We assume no responsibility and accept no liability for Feedback submitted by you or a third party.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping costs, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information is inaccurate, at any time without prior notice (including after you have placed your order).

SECTION 13 – PROHIBITED USES
You may only access and use the Services for lawful purposes. You may not, directly or indirectly, access or use the Services for: (a) unlawful or malicious purposes, (b) violating any international, federal, provincial or state regulations, rules, laws or local ordinances, (c) infringing or violating our intellectual property rights or the intellectual property rights of others, (d) harassing, abusing, insulting, harming, defaming, slandering, disparaging or intimidating any of our employees or other persons, (e) transmitting false or misleading information, (f) sending, knowingly receiving, uploading, downloading, using or reusing material that does not comply with these Terms, (g) sending or arranging for the sending of advertising or promotional material, including “junk mail”, “chain letters”, “spam” or other similar solicitations, (h) impersonating or attempting to impersonate another person or entity, or (i) engaging in any other conduct that restricts or inhibits others' use or enjoyment of the Services, or that, in our judgment, may harm Arku, Shopify or users of the Services or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services, (b) reproduce, duplicate, copy, sell, resell or exploit any part of the Services, (c) collect or track the personal information of others, (d) spam, phish, pharm, pretext, spider, crawl or scrape, or (e) interfere with or circumvent the security features of the Services or any related website, other websites or the Internet. We reserve the right to suspend, disable or terminate your account at any time without notice if we find that you have violated any part of these Terms.

SECTION 14 – TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply after any termination: Intellectual Property Rights, Feedback, Termination, Disclaimer, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy and other provisions that by their nature should survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general informational purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is solely at your own risk. We disclaim all liability that may arise from you or other visitors to the Services, or others who may be informed of the content, relying on such content.
UNLESS EXPRESSLY STATED BY Arku, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW DISCLAIMERS OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, Arku, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS OR SHOPIFY AND ITS AFFILIATES SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR DAMAGES, LOSSES, CLAIMS OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS ACQUIRED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM IN ANY WAY RELATED TO YOUR USE OF THE SERVICES 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 SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.

SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Arku, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from all losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to a third party due to or arising from (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or a third party's rights, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that failure to promptly notify you does not relieve you of your obligations unless you are materially prejudiced. We may control the defence and settlement of such claim at your expense, including the selection of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (which may not be unreasonably withheld). You will cooperate in the defence of indemnified claims, including by providing relevant documents.

SECTION 18 – SEVERABILITY
In the event that any provision of these Terms of Service is deemed unlawful, void or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted under applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service, and such provision shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules published by us on this website or with respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 – ASSIGNMENT
You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt shall be void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice to you.

SECTION 21 – GOVERNING LAW
These Terms of Service and any separate agreements through which we provide Services to you shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Arku has its headquarters. You and Arku consent to venue and personal jurisdiction in such courts.

SECTION 22 – HEADINGS
The headings in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services following the posting of changes to these Terms of Service constitutes acceptance of those changes.

SECTION 24 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at kontakt@arku.dk.
Our contact information can be found on the contact page.