General
This contract incorporates these terms and conditions, which shall prevail over any other terms and conditions. ART Desk reserves the right to change and amend these terms and conditions. You are responsible for reading the terms and conditions and shall be unable to proceed with your purchase until you have read and agreed to these terms and conditions.
Indemnification
You agree to defend, indemnify and hold ART Desk harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site and/or your breach of these Terms of Use.
Price and Payment Terms
All products and prices are subject to availability. All prices are DDP Continental part of the European Union. Prices are listed in euros (EUR) and subject to change without notice.
ART Desk has a policy of continuous product development and reserves the right to amend the specifications of products. Products supplied may differ from those on display or advertised. Unless previously agreed upon, the products supplied will be of equivalent value, functionality and appearance.
Full payment is due prior to shipping.
Limited Warranty / Liability
ART Desk warrants its products against defects in manufacturing and workmanship for a period of one (1) year from date of purchase, provided the product was used under normal conditions and was used for the purposes for which it was designed. Warranty does not include wear and tear. In case of a damage or defect due to manufacturing, we will replace the item at no charge. It is required that ART Desk receives digital images of manufacturing damages before replacement shipments will be processed.
The warranty is to the initial purchaser and is valid while they own the merchandise. No other warranty, including warranty of merchantability and fitness, for any particular purpose will be made by ART Desk either expressed or implied. ART Desk will not be liable for incidental or consequential damages arising from any product defect.
Once you have notified ART Desk of a problem with the goods, we will replace or repair any goods that are damaged or defective upon delivery; or refund to you the amount paid for the goods in question. ART Desk will not be liable to you for any loss of profits, administrative inconvenience, disappointment, indirect or consequential loss or damage arising out of any problem in relation to the goods. ART Desk shall have no liability to pay any money to you by way of compensation other than any refund made under these conditions.
Return Policy
If you receive a damaged shipment from ART Desk, you may exchange it for an equal piece at no additional charge. All shipping damages must be reported to the delivery company and us within 48 hours of delivery. We will make every effort to replace the damaged piece with an equal piece in a timely manner. It is required, however, that ART Desk receives digital images of the damage before replacement shipments will be processed.
If you receive a product with obvious damage seen from the outside of the box (e.g., a dent or hole in the box) you have the option to not accept the box from the shipper. Whenever signing for a package, you are stating you received it in good condition. You have the right to make the deliveryman wait while you open up the box to make sure all pieces are intact.
If you receive an incorrect item, please contact ART Desk immediately. The correct item will be shipped in a timely manner and arrangements will be made by us for the return of the incorrect piece. Please note, items ordered in the same transaction may not arrive in the same box or on the same day. This may be due to larger and smaller packages being delivered by different carriers. In some instances, shippers are unable to fit all packages on one truck, leaving remaining items on the next shipment.
If this problem arises, please notate the missing items on the carrier’s signature form so as to have record of the missing pieces and contact us within 48 hours of receiving the shipment. We will trace the remaining box(es) as quickly as possible and will notify you of your order’s status.
If for any reason you are not happy with your purchase, you may return the item(s) within 30 days of receiving your order for a refund as long as the furniture is in fully resaleable condition (no stains, damage, nor abuse). All returns must have original packaging. All returns will be assessed at the industry standard 25% restocking fee and you will be responsible for return shipping and handling costs. Please note, custom/special orders are non-refundable and non-cancelable.
In the event you cancel your shipment while en route or if the package is considered “undeliverable” by the freight company at destination, you will be responsible for all shipping and handling costs. Your credit card will be refunded minus the shipping costs plus a 25% restocking fee once it has been inspected at the warehouse.
Copyright Note
Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by ART Desk is protected by international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of ART Desk and is also protected by international copyright laws.
ART Desk expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of ART Desk or any third party’s intellectual property rights.
The ART Desk names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of ART Desk. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
Infringing Material/DMCA
If you believe any content appearing on the Site, whether posted by us or by another visitor, violates the copyright or other proprietary rights of a third party, please notify us immediately, specifically identifying the content in question and the web page on which it appears, as well as the true copyright owner and any supporting information, and we will take appropriate action.
Site Rules; User Comments
Any comments, suggestions, ideas, materials and other submissions that you send to us through the Site or by email, mail, telephone,or otherwise, or in any social media accessible in the future through us or our Site or related to or associated with us (“User Comments”) are provided on a non-confidential basis. By submitting User Comments, you are granting us an irrevocable and unrestricted license to the User Comments for any purpose whatsoever, including use, reproduction, publication, broadcast, posting, modification, transmission, display, distribution or creating derivative works.
You agree that no User Comments will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that no part of any User Comment will be libelous, unlawful, abusive, offensive or obscene. You are and shall remain solely responsible for any of your User Comments. ART Desk reserves the right to monitor, modify or delete any User Comment, in our sole discretion.
By accessing this Site, each user also agrees not to use the Site to post or transmit any offensive, harmful, unlawful, threatening, libelous, defamatory, obscene, abusive, hateful, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law.
Materials and Finishes
ART Desk incorporates natural materials into its products. The natural beauty of the plywood results in random variation in color and pattern. This variation, which is kept within acceptable limits, is an integral part of the appearance of the furniture and is to be expected. In addition, the finishes are subject to color change depending on age and exposure to light.
Events Beyond Our Control
ART Desk shall have no liability to you for any delay or failure to deliver goods you have ordered or for any damage or defect to goods delivered that is caused by any event or circumstance beyond reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or any other natural disaster or accident.
Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude ART Desk liability to you) the enforceability of any other part of these conditions will not be affected.
Contact Information
contact@embakumba.com