These Terms and Conditions (“Terms”) govern your use of aykiz.co.uk (“Website”), operated by Old Town Trading Ltd (“we,” “us,” or “our”). By accessing and using our Website, you agree to be bound by these Terms, our Privacy Policy, and our Cookie Policy. If you do not agree with any part of these Terms, you must not use our Website.
Interpretation
In these Terms, unless the context otherwise requires, the following expressions have the following meanings:
“Buyer” means the business entity purchasing products from us; “Products” means the goods to be supplied by us to you, as described on our Website; “Order” means an order placed by you on our Website for the purchase of Products.
Accounts and Registration
To access certain features of our Website, you may be required to register for an account. When registering, you agree to provide accurate and complete information about your business, and to promptly update this information when necessary. You are responsible for maintaining the confidentiality of your account credentials and are fully responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.
Orders and Purchasing
By placing an order on our Website, you represent and warrant that you are authorized to make purchases on behalf of your business and that you have the legal authority to enter into a contract with us. All orders are subject to acceptance by us and availability of the products. We reserve the right to refuse or cancel any order at our sole discretion.
You are responsible for ensuring the accuracy of your Order, including the quantity and description of the Products. We reserve the right to make changes to the specifications of the Products, provided that these changes do not materially affect their quality or performance.
Once your order is accepted, a legally binding contract is formed between you and us, subject to these Terms. You agree to pay for the products in full, including any applicable taxes, shipping fees, and other charges, as specified during the ordering process. Payment must be made using one of the accepted payment methods listed on our Website.
Price
The price of the Products shall be as stated on our Website at the time of your Order, unless otherwise agreed in writing. Prices are exclusive of any applicable taxes, shipping fees, and other charges, which shall be added to the total amount payable by you.
Payment
Payment for the Products must be made in full, including any applicable taxes, shipping fees, and other charges, as specified during the ordering process. Payment must be made using one of the accepted payment methods available to you. We reserve the right to withhold delivery of the Products until full payment is received.
Delivery
We will make reasonable efforts to deliver the products within the estimated delivery times specified on our Website. However, delivery times are not guaranteed, and we will not be liable for any delays or failures to deliver the products. If we are unable to deliver the products within a reasonable time, your sole remedy will be to request a refund for the undelivered products.
Non-Delivery
If we are unable to deliver the Products due to your failure to provide adequate delivery instructions, address, or other relevant information, we may store the Products at your risk and expense. You will be liable for any additional costs incurred as a result of your failure to provide accurate delivery information.
Risk and Retention of Title
Risk of damage to or loss of the Products shall pass to you upon delivery. However, the title to the Products shall remain with us until we have received payment in full for the Products, including any applicable taxes, shipping fees, and other charges.
Inspection/Shortage
You must inspect the Products upon delivery and notify us in writing within 3 days of any shortage or damage. If you fail to notify us within this period, you shall be deemed to have accepted the Products as delivered, and we shall have no liability for any shortage or damage.
Defective Goods
If any Products are found to be defective within 3 days of delivery, you must notify us in writing, providing full details of the defect. We may, at our sole discretion, replace the defective Products or refund the purchase price. This remedy shall be your sole remedy for defective Products, and our liability for defective Products shall be limited to the replacement or refund of the purchase price.
Returns and Refunds
We strive to provide high-quality products to our customers. However, if you are not satisfied with a product you have purchased, you may return it within 14 days of receiving the item, subject to the following conditions:
a. The product must be in its original, unused condition, with all tags and packaging intact.
b. You must obtain a Return Merchandise Authorization (RMA) number from us before returning the product. Unauthorized returns will not be accepted.
c. You are responsible for the shipping costs associated with returning the product.
d. A restocking fee of £20 or 20% of the purchase price may be charged for all returns, at our sole discretion.
Refunds will be processed using the original payment method within 28 days of receiving the returned product. Shipping fees and restocking fees, if applicable, are non-refundable.
Intellectual Property
All content on our Website, including but not limited to text, graphics, logos, images, and software, is the property of Old Town Trading Ltd or its licensors and is protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use our Website for your business purposes only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any of the content on our Website without our prior written consent.
You may not use any of our trademarks, logos, or other intellectual property without our prior written permission. Unauthorized use of our intellectual property may result in legal action and liability for damages.
Prohibited Conduct
When using our Website, you agree not to:
a. Engage in any activity that violates any applicable law or regulation;
b. Access, tamper with, or use non-public areas of our Website, our computer systems, or the technical delivery systems of our service providers;
c. Attempt to probe, scan, or test the vulnerability of our Website or any related system or network, or breach any security or authentication measures;
d. Use any automated means, such as robots, spiders, or scrapers, to access, monitor, or collect information from our Website without our prior written consent;
e. Interfere with, or attempt to interfere with, the access of any user, host, or network connected to our Website, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Website;
f. Infringe on the intellectual property rights of others, including using our Website to reproduce, distribute, display, or create derivative works of copyrighted material without authorization.
Limitation of Liability
To the maximum extent permitted by applicable law, Old Town Trading Ltd, its officers, directors, employees, and agents shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from (i) your access to or use of, or inability to access or use, our Website; (ii) any conduct or content of any third party on our Website; (iii) any content obtained from our Website; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not we have been informed of the possibility of such damage.
Indemnification
You agree to defend, indemnify, and hold harmless Old Town Trading Ltd, its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to our Website; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your use of our Website caused damage to a third party. This indemnification obligation will survive the termination of these Terms and your use of our Website.
Changes to These Terms
We reserve the right to modify these Terms at any time. If we make changes to these Terms, we will post the updated Terms on our Website and update the “Effective Date” at the top of this page. By continuing to use our Website after the changes become effective, you agree to be bound by the updated Terms. If you do not agree with the updated Terms, you must stop using our Website.
Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms to any affiliated company or third party at our discretion.
Confidentiality, Publications and Endorsements
Both parties agree to keep confidential any information obtained from the other party in the course of performing their obligations under these Terms and not to disclose such information to any third party without the prior written consent of the other party.
Communications
All communications between the parties relating to these Terms shall be in writing and sent by email or first-class post to the address specified in the Order or to such other address as either party may notify to the other from time to time.
Force Majeure
We shall not be liable for any failure to perform, or delay in performing, any of our obligations under these Terms if such failure or delay is due to circumstances beyond our reasonable control, including but not limited to acts of God, war, civil commotion, terrorism, strikes, lockouts, or other industrial disputes, failure of energy sources or transport network, or breakdown of plant or machinery.
Waiver
No waiver by us of any breach of these Terms by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
Severance
If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the our website and service will cease immediately.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
Law and Jurisdiction
These Terms 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) shall be governed by and construed in accordance with the laws of England and Wales. You agree to submit to the exclusive jurisdiction of the courts of England and Wales to resolve any disputes arising out of or in connection with these Terms or your use of our Website.
Contact Us
If you have any questions or concerns about these Terms, please contact us at:
Old Town Trading Ltd
Unit 5e, RCM Business Centre, Ossett, WF5 9ND, United Kingdom
Email: contact@aykiz.co.uk