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TIKAMOON’s Terms and Conditions for the Online Sale of Goods and Services

1. General

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

IN SOME CIRCUMSTANCES, THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH TIKAMOON, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

These terms and conditions (these "Terms") apply to the purchase and sale of products and services through www.tikamoon.co (the "Site") by (i) consumers, being individuals acting outside their trade, business or profession (“Consumers”), and (ii) business customers, including companies, professional, designers, architects, and other persons acting for the purposes relating to their trade, business, or profession (“Business Customers”).

Certain rights and obligations differ depending on whether you are a Consumer or a Business Customer. Where expressly indicated below, provisions apply only to Consumers. Unless otherwise specified, all provisions apply to both Consumers and Business Customers.

These Terms are subject to change by Ticket To The Moon US Inc. (d/b/a Tikamoon) (referred to as “Tikamoon”, "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site (see Section 8).

2. Order Acceptance and Cancellation

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders are subject to our acceptance, and we shall have no obligation to sell any products or services to you unless and until such acceptance occurs. We may decline to accept any order at our sole discretion. Upon receipt of your order, we will send you a confirmation email, including your order number and a description of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Tikamoon and you, shall occur only upon your receipt of the order confirmation email. You may cancel your order free of charge within 24 hours of having placed it by contacting our customer service team by phone or email: help@tikamoon.com. After the 24-hour period, cancelling fees or restocking charges may apply, depending on the stage to which your order has reached.

3. Prices and Payment Terms

A. All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized at check out and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

B. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept via our payment service provider Stripe approved credit cards (Visa, MasterCard, American Express, JCB, China Union Pay, Discover, Diner’s Club), Apple Pay, Google Pay, or installments for all purchases subject to the acceptation of our payment service provider. Please find their Privacy Policy and Terms of Use here. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

4. Shipments; Delivery; Title and Risk of Loss

A. We will arrange for shipment of the products to you. Our products are delivered in the following ways:

Tikamoon provides assembly tools in each package (if applicable). Please check the specific delivery options on our Delivery and Returns page.

You will pay for all shipping and handling charges specified during the ordering process.

Any request to change a scheduled delivery date must be submitted at least three (3) business days prior to your confirmed delivery. Such changes will be at no cost. For any request submitted less than three (3) business days before the confirmed delivery date, you will be charged a re-delivery fee of $100, as well as any applicable taxes.

B. Title and risk of loss pass to you upon delivery. You shall assume all risk and liability for loss, damage, or destruction of the product(s) after delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

C. On the delivery date, you should protect your flooring and surroundings from potential damage prior to the delivery. The delivery partners are not liable for any flooring or surrounding damage. You must ensure that packaged item(s) will fit through all doors, stairways, and access points while in their packaging. If any item does not fit and must be returned, the return will be at your own expense. We will not move existing furniture present in your home.

D. Delivery operates Monday through Friday, on business days, between 8:00 AM and 5:00 PM.

E. Our delivery partner may require proof of a valid photo ID prior to delivery. Any refusal to comply with an ID verification request will be considered a refusal of delivery, and the item(s) will be returned to the warehouse, incurring a service fee. If you choose to reschedule delivery, a secondary delivery fee will apply.

F. Upon delivery, you or an appointed representative must inspect the item(s) carefully before our delivery partner leaves the premises. Any damaged or defective items must be reported to Tikamoon:

Tikamoon reserves the right, in its sole and absolute discretion, to determine whether a product or any component thereof, has failed due to defect or ordinary wear and tear. Replacement or repair will be offered solely at Tikamoon’s discretion. If an exchange for the defective item cannot be arranged, Tikamoon reserves the right to provide either a substitute or a full refund. All repairs or replacements are subject to inventory availability.

Tikamoon shall not be liable for any consequences (whether direct or indirect) arising from delays in the delivery of the goods, and such delays do not entitle the customer to treat this agreement as repudiated by Tikamoon or seek compensation. A Proof of Delivery (“POD”) serves not merely as a receipt of delivery, but as an acknowledgment that the goods arrived intact. Often, PODs are signed without inspection of the delivery. We strongly advise you to confirm that the shipment is intended for you, that your entire order has been delivered, and that the goods have arrived undamaged. Any issues not noted on the POD prior to signing will prevent Tikamoon from authorizing damage claims once the driver has departed. Any property damage caused during delivery must also be indicated on the POD. In addition, photographs and video footage of the damage as it occurs must be provided to document the claim. After inspecting your entire shipment and documenting any issues, you may request the driver’s signature or initials next to your notes regarding damaged items on the POD. Cartons and packaging should not be disposed until the issue is fully resolved.

5. Returns and Refunds

We will, in most cases, accept the return of products for a refund of the product purchase price, less the original shipping, handling, and restocking fees, provided the return is made as follows:

If a product is returned without its original packaging, a repacking fee of $75.00 USD will be deducted from your refund. To initiate a return, you must contact our customer service team at help@tikamoon.com. They will provide the necessary instructions and, for large items, arrange the return booking.

You are responsible for all shipping and handling charges associated with returned items, and you bear the risk of loss during return shipment. All returns are subject to a restocking fee of twenty percent (20%).

Refunds will be processed within approximately five (5) business days after our receipt of the returned merchandise. Any refund will be credited to the original payment method used for the purchase.

6. Consumer Rights and Business Purchases

Consumers benefit from statutory consumer protection rights and statutory warranties of conformity, as provided in these Terms and under applicable law.

Business Customers acknowledge and agree that:

(a) No statutory right of withdrawal applies to their purchases. Returns may only be accepted in accordance with Tikamoon’s commercial return policy set forth in these Terms.

(b) Statutory consumer warranties do not apply; Business Customers are entitled solely to the Limited Warranty expressly provided by Tikamoon.

(c) Tikamoon shall not be liable for any indirect or consequential damages, including, without limitation, loss of profits, loss of business, loss of reputation, or loss of goodwill.

(d) Any disputes with Business Customers shall be resolved pursuant to the AAA Commercial Arbitration Rules.

7. LIMITED WARRANTY

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. IF YOU ARE A CONSUMER, YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

THIS LIMITED WARRANTY IS ALSO AVAILABLE HERE AND IS INCLUDED IN THE DOCUMENTATION PROVIDED WITH THE PRODUCTS.

WE WARRANT THAT, DURING THE WARRANTY PERIOD, PRODUCTS PURCHASED FROM THE SITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP.

WE FURTHER WARRANT THAT, DURING THE WARRANTY PERIOD, SERVICES PURCHASED FROM THE SITE WILL BE PERFORMED IN A WORKMANLIKE MANNER AND IN ACCORDANCE WITH GENERALLY RECOGNIZED INDUSTRY STANDARDS FOR SIMILAR SERVICES.

FOR CONSUMERS, THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THIS LIMITED WARRANTY.

IF YOU ARE A CONSUMER, PLEASE NOTE THAT SOME STATES DO NOT ALLOW LIMITATIONS ON THE DURATION OF AN IMPLIED WARRANTY, AND THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO, AT OUR OPTION, REPLACEMENT OR REFUND AS SPECIFIED IN THIS WARRANTY STATEMENT. OUR RESPONSIBILITY FOR DEFECTIVE SERVICES IS LIMITED TO, AT OUR OPTION, RE-PERFORMANCE OR REFUND AS SPECIFIED IN THIS WARRANTY STATEMENT. NO PERFORMANCE, CONDUCT, OR COURSE OF DEALING, AND NO ORAL OR WRITTEN INFORMATION, STATEMENT, OR ADVICE PROVIDED BY US OR BY ANY OF OUR SUPPLIERS, AGENTS, OR EMPLOYEES, SHALL CREATE ANY WARRANTY OR IN ANY WAY EXPAND THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.

(a) Who May Use This Warranty?

This limited warranty extends solely to the original purchaser of products and services from the Site. It does not extend to any subsequent or other owner, transferee, or other beneficiary of the product or service, including in the event of resale by a Business Customer.

(b) What Does This Warranty Cover?

This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in products and services purchased from the Site.

(c) What Does This Warranty Not Cover?

This limited warranty does not cover any damage due to:

(d) What Is the Period of Coverage?

This limited warranty begins on the date of your purchase and continues for two (2) years if you are a Consumer (the "Warranty Period"). No warranty is provided to Business Customers. The Warranty Period will not be extended if we repair or replace a warranted product, or if we re-perform a warranted service. Any modifications to this limited warranty will apply only to products purchased after the effective date of the modification.

Business Customers: All implied warranties, including the implied warranties of merchantability and fitness for a particular purpose, are disclaimed to the fullest extent permitted by law.

(e) What Are Your Remedies Under This Warranty?

With respect to any defective products during the Warranty Period, we will, in our sole discretion, either:

(f) How Do You Obtain Warranty Service?

To obtain warranty service, you must email our Customer Service Department at help@tikamoon.com during the Warranty Period. No warranty service will be provided without having contacted us before in a written form.

(g) Limitation of Liability

IN ALL CIRCUMSTANCES, THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.

FOR CONSUMERS, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

(h) What Can You Do in Case of a Dispute with Us?

The informal dispute resolution procedure detailed in Section 12 is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.

8. Privacy

We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

9. Professional Purchases and Resale

Tikamoon permits purchases by designers, architects, and other professionals for purposes of resale or integration into (their) client projects, subject to the following conditions:

10. Force Majeure

Neither party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any of your obligations to make payments to us hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party's ("Impacted Party") reasonable control, including, without limitation, the following force majeure events ("Force Majeure Event(s)"): (a) acts of God; (b) flood, fire, earthquake, epidemics, pandemics, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other similar events beyond the reasonable control of the Impacted Party. The Impacted Party shall give notice within fifteen (15) days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party's failure or delay remains uncured for a period of twenty-one (21) consecutive days following written notice given by it under this Section, either party may thereafter terminate this Agreement upon five (5) days' written notice.

11. Governing Law and Jurisdiction

All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Delaware.

12. Dispute Resolution and Binding Arbitration

YOU AND TIKAMOON AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY CLAIM. OTHER RIGHTS THAT YOU MIGHT HAVE IF YOU WENT TO COURT MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.

Any claim, dispute, or controversy (whether in contract, tort, or otherwise—whether pre-existing, present, or future—including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and us arising out of or relating in any way to your purchase of products or services through the Site shall be resolved exclusively and finally by binding arbitration.

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with:

The Federal Arbitration Act will govern the interpretation and enforcement of this section.

(a) Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any dispute relating to the arbitrability and/or enforceability of this arbitration provision, including any challenge that is unconscionable, void, voidable, or otherwise invalid. The arbitrator will have the authority to grant any relief that would be available in court at law or in equity. The arbitrator’s award shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction.

If you prevail on a claim that entitles the prevailing party to attorneys' fees, the arbitrator may award you reasonable attorneys’ fees in accordance with applicable law.

(b) Small-Claims Option if you are a Consumer: you may elect to pursue your claim in small-claims court rather than arbitration, provided that you notify us in writing of your intention to do so within sixty (60) days of your purchase. Any arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

(c) Class Action Waiver if you are a Consumer: you agree to arbitration on an individual basis. IN ANY DISPUTE, NEITHER YOU NOR TIKAMOON MAY JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION, OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims and may not preside over any representative or class proceeding. The arbitral tribunal has no authority to consider the enforceability of this class arbitration waiver; any such challenge (to the class arbitration waiver) may be raised only in a court of competent jurisdiction.

13. Assignment

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

14. No Waivers

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Tikamoon.

15. No Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

16. Notices

A. To You: We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide, or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

B. To Us: To give us notice under these Terms, you must contact us as follows: (i) by email at: help@tikamoon.com; or (ii) by personal delivery, overnight courier, or registered or certified mail to Ticket To The Moon US Inc., c/o ORBISS, 1411 Broadway, 16th Floor, New York, NY 10018.

We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight couriers will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

17. Severability

If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

18. Entire Agreement

Our order confirmation, these Terms, our Website Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

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