Terms and Conditions of Sale (Consumer)

AK-IT SOLUTIONS (UK) LIMITED

CONSUMER TERMS AND CONDITIONS OF SALE

(Goods only)

PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY BEFORE PLACING AN ORDER FOR ANY GOODS LISTED ON THIS WEBSITE. YOU SHOULD UNDERSTAND THAT BY ORDERING ANY SUCH GOODS, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF SALE.
YOU SHOULD PRINT AND RETAIN A COPY OF THESE TERMS AND CONDITIONS AND A COPY OF YOUR ORDER FOR FUTURE REFERENCE.

1. Information about us

This website is a site operated by AK-IT Solutions (UK) Limited (a company incorporated and registered in England and Wales under company number 2823778) of 12-16 Westland Place, London N1 7LP (“AK-IT” “we” “us” “our”).

2. Your status

2.1. This website is only intended for use by persons resident in the United Kingdom. We do not accept orders from persons outside the United Kingdom.

2.2. By placing an order, you warrant that:

• you are legally capable of entering into binding contracts;
• you are at least 18 years old;
• you are a consumer and a “consumer” for these purposes is someone who is buying the relevant goods for purposes that are not related to their trade, business or profession;
• you are resident in the United Kingdom; and
• you are accessing this website from somewhere in the United Kingdom.

3. How the contract is formed between AK-IT and you

3.1. After placing an order, you will receive an e-mail from us acknowledging that we have received your order. This does not mean that your order has been accepted. Your order constitutes an offer to us to buy the relevant good(s) which we are free to accept or decline at our absolute discretion and we will only confirm such acceptance to you by sending you an e-mail headed “Order Placed - Ref: *****” (where ***** is the order reference number mentioned in clause 3.2 below) (“the Order Confirmation”) to the e-mail address you have given. Once we do so, a contract will come into existence between AK-IT and you. For the avoidance of doubt, any e-mails sent (whether automatically generated or otherwise) by us to you prior to the sending of the Order Confirmation in relation to an order shall not under any circumstances cause the relevant order to be accepted or deemed to be accepted by us.

3.2. We shall assign an order reference number to your order and first inform you of it when sending you the above mentioned e-mail acknowledging that we have received your order. Please quote the order reference number in all subsequent correspondence with us relating to your order.

3.3. The contract between AK-IT and you is subject to your right of cancellation (see clause 7 below).

3.4. AK-IT has the right to revise and amend these terms and conditions from time to time. You will be subject to the terms and conditions in force at the time that you place your order for the goods unless any change to these terms and conditions is required to be made by law or by any governmental or regulatory authority (in which case such change will apply to orders you have previously placed that AK-IT has not yet fulfilled) or if AK-IT notifies you of the change to these terms and conditions before it accepts your order (in which case AK-IT has the right to assume that you have accepted such change unless you notify AK-IT to the contrary within 7 working days of receipt by you of the relevant goods).

4. Description and price of the goods

4.1. The description of the goods you order will be as shown on this website at the time AK-IT accepts your order. The price of the goods will be the price inclusive of VAT accompanying the description of the relevant goods on this website at the time AK-IT accepts your order. Prices are liable to change at any time but price changes will not affect any orders that AK-IT has accepted.

4.2. The goods you order are subject to availability. If on receipt of your order any goods you have ordered are stated as “Not in stock” and an ETA is NOT stated then AK-IT will not accept your order for such goods and will inform you as soon as possible and refund or recredit you for any sum that has been paid by you or debited from your credit or debit card for such goods. If on receipt of your order any goods you have ordered are stated as “Not in stock” and an ETA is stated then AK-IT will accept your order for such goods and delivery will be in accordance with clause 6.3.2 below.

4.3. Every effort is made to ensure that prices shown on this website are accurate at the time that you place your order. If an error is found, AK-IT will not accept your order and will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel your order, AK-IT will refund or recredit you for any sum that has been paid by you or debited from your credit or debit card for the goods.

4.4. In addition to the price, you will be required to pay a delivery charge which will be the delivery charge inclusive of VAT accompanying the description of the relevant goods on this website.

5. Payment

Payment for the goods and delivery charges must be made in advance by credit or debit card and AK-IT will therefore charge your credit or debit card before it dispatches your order.

6. Delivery

6.1. The goods you order will be delivered to the address you give when you place your order except that deliveries are not made outside the United Kingdom and some parts of the United Kingdom are not covered as shown on this website at the time you place your order.

6.2. If, at the time of delivery, there is no one at the address given who is competent to accept delivery of the goods, you will be notified of an alternative delivery date or a place to collect the goods.

6.3. Every effort will be made to deliver the goods you have ordered after your order has been accepted as follows:

6.3.1. if goods are stated as “In stock” then within 7 days of such acceptance; or

6.3.2. if goods are stated as “Not in stock” and an ETA is stated, then within 7 days of such ETA;

Provided that occasionally delivery may be affected by factors beyond AK-IT’s control and AK-IT will not be liable for any loss or damage suffered by you through any such delay. AK-IT will inform you of any such delay as soon as it becomes aware of the same.

6.4. You will become the owner of the goods you ordered and responsible for risk of loss of or damage to them once they have been delivered to you.

6.5. If we are not able to deliver the whole of your order at one time due to shortage of stock or operational or other reasons, we will deliver your order in instalments. We will not charge you extra delivery costs for this. If you ask us to deliver your order in instalments, we may charge you extra delivery costs. Each instalment shall constitute a separate contract. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.

7. Your right of cancellation

7.1. Subject to clause 7.5 below, you have the right to cancel the contract at any time within 7 working days beginning on the day after you receive the goods. In this case, you will receive a full refund of the price paid for the goods in accordance with AK-IT’s returns/refunds policy set out in clause 10 below. A working day is any day other than weekends and bank or other public holidays.

7.2. To exercise your right of cancellation, you must give written notice to AK-IT by hand or post, fax or email, at the address, fax number or email address shown in clause 13 below, giving details of the goods ordered and (where appropriate) their delivery.

7.3. If you exercise your right of cancellation, you must return the goods to AK-IT immediately in the same condition in which you received them and at your own cost and risk. The goods must be returned to the address shown in clause 13 below.

7.4. You have a legal obligation to take reasonable care of the goods while they are in your possession. If you fail to comply with this obligation or if you fail to return the goods to AK-IT as required, AK-IT may have a right of action against you for compensation.

7.5. You do not have the right to cancel the contract if the order is for the supply of audio or video recordings or computer software which have been unsealed by you, or for goods which have been made to your specifications or clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly. AK-IT will notify you at the time your order is accepted if this applies.

8. Warranty

8.1. AK-IT warrants that on delivery the goods shall:

8.1.1. conform in all material respects with their description on this website at the time AK-IT accepts your order;

8.1.2. be of satisfactory quality; and

8.1.3. be reasonably fit for all purposes for which products of the kind are commonly supplied.

8.2. This warranty is in addition to your legal rights in relation to goods which are faulty or which otherwise do not conform with the contract. Advice about your legal rights is available from your local Citizens' Advice Bureau or trading standards office.

8.3. This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by AK-IT, failure to follow AK-IT’s instructions, or any alteration or repair carried out without AK-IT’s approval.

9. Limitation of liability

9.1. Subject to clause 9.2, if either you or AK-IT fails to comply with any of the terms of the contract, neither you nor AK-IT shall be responsible for any losses that the other suffers as a result except for those losses which are a foreseeable consequence of the failure to comply with such terms. Losses are foreseeable where they could be contemplated by you and AK-IT at the time your order is accepted by AK-IT.

9.2. Neither you nor AK-IT shall be responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to, losses that fall into the following categories:

9.2.1. loss of income or revenue;

9.2.2. loss of business;

9.2.3. loss of profits or contracts;

9.2.4. loss of anticipated savings;

9.2.5. loss of data, or

9.2.6. waste of management or office time.

Provided that this clause 9.2 shall not prevent claims for foreseeable loss of, or damage to, your physical property.

9.3. This clause does not include or limit in any way AK-IT’s liability for:

9.3.2. fraud or fraudulent misrepresentation; or

9.3.3. any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or

9.3.4. losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or

9.3.5. any other matter for which it would be illegal or unlawful for AK-IT to exclude, or attempt to exclude, our liability.

10. AK-IT’s returns/refunds policy

10.1. When you return goods to AK-IT:

10.1.1. because you have cancelled the contract between us within the seven-day cooling-off period (see clause 7 above), AK-IT will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, AK-IT will refund the price of the goods in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to AK-IT.

10.1.2. for any other reason (for instance, because you have notified AK-IT in accordance with clause 3.4 that you do not agree to any change in these terms and conditions or because you claim that the goods are defective), AK-IT will examine the returned goods and will notify you of your refund via e-mail within a reasonable period of time. AK-IT will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day AK-IT confirmed to you via e-mail that you were entitled to a refund for the defective goods. Goods returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to AK-IT.

10.2. AK-IT will usually refund any money received from you using the same method originally used by you to pay for your purchase.

11. Data protection

11.1. AK-IT will take all reasonable precautions to keep the details of your order and payment secure but, unless AK-IT is negligent, it will not be liable for unauthorised access to information supplied by you.

11.2. AK-IT will only use the information you provide about yourself for the purposes set out in the AK-IT Solutions Privacy Policy [link].

12. Written communications

Applicable laws require that some of the information or communications AK-IT sends to you should be in writing. When using this website, you accept that communication with AK-IT will be mainly electronic. AK-IT will contact you by e-mail or provide you with information by posting notices on this website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that AK-IT provides to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

13. Notices

All notices given by you to us must be sent, faxed or e-mailed to:

AK-IT Solutions (UK) Limited
12-16 Westland Place
London N1 7LP

Fax Number: 020 7608 7690
E-mail: enquiries@akon-line.com

AK-IT may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

14. Transfer of rights and obligations

14.1. The contract between you and AK-IT is binding on you and AK-IT and on the respective parties successors and assigns.

14.2. You may not transfer, assign, charge or otherwise dispose of the contract, or any of your rights or obligations arising under it, without AK-IT’s prior written consent.

14.3. AK-IT may transfer, assign, charge, sub-contract or otherwise dispose of the contract, or any of its rights or obligations arising under it, at any time during the term of the contract.

15. Events outside our control

15.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the contract that is caused by events outside of AK-IT’s reasonable control (Force Majeure Event).

15.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond AK-IT’s reasonable control and includes in particular (without limitation) the following:

15.2.1. strikes, lock-outs or other industrial action.

15.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

15.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

15.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

15.2.5. impossibility of the use of public or private telecommunications networks.

15.2.6. the acts, decrees, legislation, regulations or restrictions of any government.

15.3. AK-IT’s performance under the contract is deemed to be suspended for the period that the Force Majeure Event continues, and AK-IT will have an extension of time for performance for the duration of that period. AK-IT will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which its obligations under the contract may be performed despite the Force Majeure Event.

16. General

16.1. If any court or competent authority decides that any of these terms and conditions are invalid, unlawful or unenforceable to any extent, such term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

16.2. A person who is not a party to the contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the contract but this does not affect any right or remedy of any third party which exists or is available apart from that Act.

17. Law and jurisdiction

17.1. Contracts for the purchase of goods through this website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by and construed in accordance with the laws of England and Wales. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.