(Dated: September 2017)
IMPORTANT LEGAL NOTICE
1.1 The use of this website and access to all the services provided are subject to all of the following terms, conditions and notices.
1.2 We reserve the right to change these Terms and Conditions at any time. Any such changes will take effect when posted on the website (see date at the top) and it is your responsibility to read the Terms and Conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest Terms and Conditions.
1.3 If you are not a consumer then you confirm you have authority to bind any business or person on whose behalf you use this website.
1.4 Information that you provide on this website must be accurate and complete.
2.1 All orders that you place on this website will be subject to acceptance in accordance with these Terms and Conditions.
2.2 The confirmation stage sets out the final details of your order. Following this, we will send to you an order acknowledgement e-mail detailing the products you have ordered. Please note that this e-mail is not an order confirmation or order acceptance from us.
2.3 Acceptance of your order and the completion of the contract between you and us will take place on dispatch to you of the products ordered unless we have notified you that we do not accept your order or have cancelled it.
3.1 We will make every effort to deliver goods within the estimated time scales, however delays are occasionally inevitable due to unforeseen factors. We shall be under no liability for any delay or failure to deliver the products within estimated time scales.
3.2 Risk of loss and damage of products passes to you on the date when the products are delivered or on the date of first attempted delivery by us.
4.1 Payment must be made when the order is placed through the website. Payment is taken from the instructed card when the order is made. We accept most major credit and debit cards.
4.2 Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods.
4.3 The price you pay is the price displayed on this website at the time we receive your order. While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact, you we will treat the order as cancelled. If you cancel and you have already paid for the goods you will receive a full refund.
4.4 Title to any products you order on this website shall pass to you on delivery of the product provided that we have processed and received payment in full for the product.
4.5 The price we display for goods will remain the same regardless of the country of delivery. For deliveries the price excludes VAT at the rate of the country of delivery.
5. RETURNS AND CANCELLATIONS
5.1 The Distance Selling Regulations state that you as a consumer have the right to cancel your full order within fourteen (14) days of receiving the goods. If you wish to cancel your order you must notify us in writing and return the goods to us within fourteen (14) days of receipt. When you exercise your right to cancel under the regulations ownership of the goods will revert to us. The Regulations impose a responsibility on you to take reasonable care of any goods that have been supplied. This obligation applies before as well as after you have given notice of cancellation. You have a duty to restore the goods to us. This means that you make them freely available to us for collection. Any costs incurred by us in collection will be deducted from any refund to you if you fail to organise return of the goods. If you arrange for return of the goods it will be at your own expense. Nothing in this Clause affects our policy for return and exchanges and faulty or wrong goods. For more information, please see the Returns Clause. For more information, please see the returns page.
6. OWNERSHIP OF RIGHTS AND INTELLECTUAL PROPERTY
6.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights and all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensor. You are permitted to use this material only as expressly authorised by us or our licensor.
6.2 All rights on this website are owned by Aku Boutique. The website is for personal and non-commercial use only. Any attempt to copy, store or share content and information for commercial purposes is strongly prohibited. You must not attempt (and agree not to assist or facilitate any third party to attempt) to copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from this website.
7. LIABILITY AND INDEMNITY
7.1 Nothing in these Terms and Conditions excludes or limits liability for death or personal injury caused by negligence or fraudulent misrepresentation.
7.2 Subject to Section 8.1, above we will not be responsible or liable to any user or third party for any damage and injury caused by any product, service, goods or information bought through us.
7.3 Subject to Section 8.1 we will use reasonable endeavours to verify the accuracy of any information on the site but make no representation or warranty of any kind express or implied, statutory or otherwise regarding the contents or availability of the site or that it will be timely or error free, that defects will be corrected, or that the site or server that makes it available if free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. We will not be responsible or liable to you for any loss of content for material uploaded or transmitted through the website and we accept no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
7.4 Subject to Section 8.1 above. Other than as expressly provided for in these Terms and Conditions with respect to specific products and except for the exclusive remedy set out at Section 6 above, any indemnities, warranties, Terms and Conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
7.5 Subject to Section 8.1 above we will not be liable, in contract, delict (including without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any economic losses (including without limitation) loss of revenues, data, profits, contracts, business or anticipated savings, loss of goodwill or reputation or any non foreseeable or indirect losses, suffered or incurred by that party arising out of or in connection with the provisions of any matter under these Terms and Conditions.
7.6 Notwithstanding the above, subject to Section 8.1, our aggregate liability (whether in contract, delict or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents arising out of any claim.
7.7 This Clause 8 does not affect your statutory rights as a consumer nor does it affect your contract cancellation rights.
7.8 We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
8.1 You may not assign or sub-contract any of your rights or obligations under these Terms and Conditions or any related order for products to any third party unless agreed upon in writing by us.
8.2 We reserve the right to transfer, assign, novate or sub-contract the benefit of the whole or part or any of our rights or obligations under these terms and conditions or any related contract to any third party.
8.3 If any portion of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or unenforceability of the other sections of these Terms and Conditions shall not be affected.
8.4 No delay or failure by us to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of the them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by our authorised representatives.
8.5 These Terms and Conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and us relating to the use of this website (including the order of products), and sets forth the entire agreement and understanding between you and us for your use of the website.
8.6 To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that as you have chosen to enter a linked website we are not responsible for the availability for such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation any advertising, content, products, goods or other materials or services on or available from such websites or resources, or (iii) the use to what others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.