Terms & Conditions


These are the Terms and Conditions (“Terms”) entered into by and between you (“you”, “user”, “your,” or any applicable variant thereof) and Akiconshop.com (“Akicon,” “our,” “we,” or “us”). The following Terms, together with any documents they expressly incorporate by reference and any other policies posted by Akicon on the Website, govern your access to and use of the Akicon website, www.akiconshop.com (“Website”) as a user of this Website. Please read these Terms carefully prior to your access to or use of the Website, submission of any information to Akicon, or the acquisition of any product or service through the Website.

1. General Conditions of Acceptance

1.1 A “user” is any person who accesses or uses the Website for any purpose, regardless of whether the user has a registered account on the Website, including any legal entity which may be represented by a user under actual or apparent authority. By accessing the Website or obtaining products or services from the Website, you are a “user” of the Website.

1.2 By accessing or using any part of the Website, you hereby agree to accept and be bound by the Terms set forth in this agreement as a user.

1.3 If you do not accept all of the Terms set forth in this agreement, you may not access or use the Website. The Terms of this agreement may not be modified, except in writing by an authorized officer.

1.4 The headings used in these Terms are included for convenience and will not limit or otherwise affect these Terms.

1.5 You agree that all information that you provide through your access to or use of the Website is governed by our Privacy Policy. You consent to all actions we take with respect to your information consistent with our Privacy Policy. Akicon may change the Privacy Policy at their discretion, and Akicon will make the most recent Privacy Policy available on the Website. Use of the Website will serve as your acceptance of the Privacy Policy as it is displayed on the Website at the time of your access to or use of the Website.

 

2. General Conditions of Use

 

7. Changes

 
8. Typographical Errors, Omissions, or Inaccuracies

8.1 If any information on the Website contains typographical errors, inaccuracies, or omissions, including, but not limited to, errors related to product descriptions, pricing, promotions, shipping costs, delivery schedules, or product availability, Akicon reserves the right to correct any such errors, and to subsequently update information or cancel orders at any time based on those corrections or changes without prior notice, including after you have submitted your order.

8.2 Akicon undertakes no obligation to update, amend, or clarify information on the Website or in its contents, including, but not limited to, pricing information, except as is required by law.


9. Notices or Communications from Akicon

By using this Website or submitting information through this Website, you consent to receive electronic communications from Akicon. You agree that all agreements, notices, disclosures and other communications that we send to you electronically satisfy any legal requirement that such communications be in writing.

10. User Comments and Submissions

10.1 If you submit comments, suggestions, proposals, plans, or other materials (collectively, “user comments”), whether online, by email or posted mail, or otherwise, you agree that we may, without restriction, edit, copy, publish, distribute, and otherwise use any of your user comments. Akicon is not and will not ever be under any obligation to keep your user comments confidential, compensate you for your user comments, or respond to your user comments.

10.2 You agree that your user comments will not contain libelous, unlawful, abusive or obscene material. Akicon has the right to remove or refuse to post any user comments for any or no reason in our sole discretion. We may, but have no obligation to, track, edit, or remove content that we determine to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or that violates any party’s intellectual property or these Terms. We take no responsibility and assume no liability for any user comments posted by you or any third party.

10.3 Subject to these Terms, you represent and warrant that you own or control all rights in and to the user comments and have the right to grant the following rights to us. You assign to Akicon all of your right, title and interest in and to all of your user comments, including, but not limited to, all intellectual property rights relating to your user comments. At Akicon’s request and expense, you will execute all reasonable documents and take such reasonable actions to help Akicon acquire and maintain these intellectual property rights.


11. Third-Party Relationships Content

11.1 Certain content, products, and services available through access to or use of the Website may include materials or information from third parties. Third-party links on the Website may direct you to websites that are not affiliated with Akicon. Inclusion of links to third-party websites does not constitute an endorsement of those websites, nor of the products or services promoted or offered through them. Akicon advises our users to review the terms and conditions of any third-party website they visit. Akicon will not have any liability or responsibility for any third-party materials or websites, or for any products or services of third parties.

11.2 Akicon is not liable for any harm or damages related to the purchase or use of goods, services, content, or any other transactions made in connection with any third-party websites. Complaints, claims, concerns, or questions regarding third party products or a third-party website should be directed to the third party.


12. Registered Users

12.1 You are not required to register for an account (“Account”) on the Website to access or use the Website. However, if you fill out an online registration on the Website by providing the specified information (such as name, address, telephone number, email address, etc.), you will be considered a registered user of Akiconshop.com (a “Registered User”). Akicon will establish an account (“Account”) for you as a Registered User, and you will have a username and password for access to the Account.

12.2 You are solely responsible for maintaining the confidentiality and proper use of your username and password. You are responsible for any and all activities that are conducted through your Account, and for ensuring that all persons who access or use the Website through your Account are aware of and comply with these Terms. You are also responsible for canceling your Account. You may cancel your Account at any time pursuant to these Terms.

12.3 You agree not to disclose, sell, assign, or transfer, or offer to sell, assign, or transfer any usernames or passwords to third parties or to let a third party use your username, password, or Account without prior written consent from Akicon. Akicon is not liable for any damages that may arise from your failure to maintain the confidentiality of your username and password.

12.4 We may suspend or terminate your Account at any time, including, but not limited to, if you breach any Terms, if we have a reasonable suspicion that you provided inaccurate or incomplete information in creating your Account, or if we believe that your actions may cause financial loss or legal liability to you, other Registered Users, or Akicon.

12.5 Akicon may refuse registration and deny the issuance of an Account to any user for any reason.

12.6 You agree not to register to use the Website if you are a competitor of Akicon, or if you intend to register for the purpose of monitoring the Website’s functionality or for any other competitive purpose.

12.7 You agree to inform us immediately of any unauthorized access to or use of your username, password, or Account, or any other breach of security.


13. Copyright Policy

We evaluate alleged copyright infringement under the Digital Millennium Copyright Act. If you believe that your work has been infringed, please forward the following information to the address below:

    Your mailing address, phone number, and email address.

    A description of the allegedly infringing work.

    A description of where the alleged infringing material is located.

    A statement by you verifying that you have a good faith belief that the use in question is not authorized by you, the copyright owner, its agent, or the law.

    An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

    A statement by you, made under penalty of perjury, that the provided information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Please send the requested information to:

service@akiconshop.com

If you fail to comply with all of the requirements of this section, your notice may not be valid.

If you believe that content that was removed or from the Website or to which access is restricted is not infringing, or that you have the authorization from the copyright owner, their agent, or pursuant to the law, to post and use such content, you may submit a counter-notice to the address listed above containing the following information:

    Your physical or electronic signature;

    Identification of the content that was removed from the Website or to which access is restricted and where the content appeared before it was removed or restricted;

    A statement by you verifying that you have a good faith belief that the content was removed or restricted as a result of mistake or a misidentification;

    Your name, mailing address, phone number, and email address, a statement that you consent to the jurisdiction of the federal court in Wilmingtong Delaware, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

After we receive your counter-notification, we will forward it to the party who submitted the original copyright infringement notice. Please be aware that when we forward the counter-notification, it includes your personal information, and you consent to having your information sent in this manner to the original submitting party.

After we send out the counter-notification, the original submitting party must then inform us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content that was removed or disabled. If we receive such notification, we will be unable to reinstate the content. If we do not receive such notification, we may reinstate the content.


14. Disclaimer of Warranty, Limitation of Liability
 
WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR ACCESS TO OR USE OF OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.
 
YOU EXPRESSLY AGREE THAT WE MAY REMOVE OR CANCEL THE WEBSITE OR YOUR ACCESS TO OR USE OF THE WEBSITE AT ANY TIME, WITHOUT NOTICE TO YOU.
 
WE HAVE THE RIGHT TO COOPERATE FULLY WITH ANY LAW ENFORCEMENT AUTHORITY OR COURT ORDER REQUESTING OR DIRECTING US TO DISCLOSE THE IDENTITY OR OTHER PERSONAL INFORMATION OF ANY USER ACCESSING OR USING THE WEBSITE. YOU EXPRESSLY AGREE TO WAIVE AND HOLD HARMLESS AKICON OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY AKICON DURING, OR AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER AKICON OR LAW ENFORCEMENT AUTHORITIES.
 
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE, OR INABILITY TO USE THE WEBSITE, IS AT YOUR SOLE RISK. THESE RISKS INCLUDE, BUT ARE NOT LIMITED TO, MISREPRESENTATION OF PRODUCTS AND SERVICES, YOUR SUBJECTIVE DISSATISFACTION WITH THE WEBSITE OR PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE, DEFECTIVE PRODUCTS, DELAY OR DEFAULT IN DELIVERY OR PAYMENT, AND ERRORS IN PRICE.THE WEBSITE AND ALL PRODUCTS OR SERVICES DELIVERED TO YOU THROUGH THE WEBSITE ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,BUT NOT LIMITED TO,ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
 
UNDER NO CIRCUMSTANCES SHALL AKICON OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND (EVEN IF AKICON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR ACCESS TO OR USE OF THE WEBSITE OR ANY PRODUCT OR SERVICE OBTAINED THROUGH THE WEBSITE. AKICON’S CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS THAT ARISE, DIRECTLY OR INDIRECTLY, OUT OF YOUR ACCESS TO OR USE OF THE WEBSITE, INABILITY TO USE THE WEBSITE, OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE, SHALL NOT EXCEED THE LESSER OF THE PURCHASE PRICE RECEIVED BY AKICON FOR THE AFFECTED PRODUCT OR $100.00 USD. UNDER NO CIRCUMSTANCES SHALL AKICON BE LIABLE TO YOU FOR THE COST OF A REPLACEMENT PRODUCT.THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED, SO SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.


15. Dispute Resolution

15.1 You must contact our customer service department at service@akiconshop.com before you file any legal claim for relief arising from a dispute between you and Akicon. If you are unable to resolve your concern within 10 business days of contacting the customer service department, either party may file a claim to resolve the dispute, pursuant to these Terms.

15.2 At Akicon’s sole discretion, we may require you to submit any disputes arising from your access to or use of the Website or the Website’s contents, or from the Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware state law.

15.3 Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to access to or use of the Website or the Terms must be filed within one year after such claim or cause of action arose or be forever barred.

15.4 You acknowledge that Akicon may be irreparably damaged if you breach these Terms, and in such instance, damages at law would be an inadequate remedy. In the event that you breach or threaten to breach any of these Terms, we shall be entitled, in addition to all other rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, or to a decree for specific performance of these Terms.


16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware. For any cause of action or claim arising out of or related to your access to or use of the Website or these Terms, the parties hereby expressly consent to the jurisdiction and venue of the state and/or federal courts serving Wilmington, Delaware, USA. Each party expressly waives any objection to this venue, including, but not limited to, objections based on forum non conveniens.

17. Indemnification

You agree to indemnify, defend, and hold harmless Akicon and its parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third-party due to or arising out of your access to or use of the Website or its contents or breach of these Terms, including, but not limited to,your failure to provide accurate, complete and/or current information when accessing or using the Website, your misuse of this Website, your user comments, or your violation of any law or the rights of a third party.

18. Termination

18.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

18.2 These Terms are effective unless and until they are terminated by either you or Akicon. If you wish to terminate these Terms, you may do so at any time by informing Akicon that you no longer wish to access or use the Website. You may also terminate at any time by ceasing use of the Website.

18.3 Any breach or violation of these Terms will result in a termination of your access to or use of the Website. If, in our sole discretion, you fail or we suspect you have failed to comply with any Term, we may terminate your use or access at any time without notice. If such termination occurs, you will remain liable for all amounts due up to and including the date of termination.


19. Severability

19.1 If any Term is held to be invalid or unenforceable, such Term shall be severed from the Terms and Conditions and shall not affect the validity or enforceability of the remaining Terms.

19.2 Failure of Akicon to exercise or enforce any Term shall not constitute a waiver of that Term.

19.3 No waiver by Akicon of any Term shall be deemed a further or continuing waiver of that Term or a waiver of any other Term.


20. Geographic Restrictions

Akicon provides this Website for use only by persons located in the United States. We make no claims that the Website or its content is accessible or appropriate outside of the United States. If you access the Website, you are responsible for compliance with local laws.

21. Coupon Policy

Akicon (Akiconshop.com) encourages our customers to use coupon codes in our online store to save more. We regularly send coupon codes to our newsletter subscribers and are pleasant to find more and more customers join into our email list. You can sign up to receive our emails to get the newest coupons or sales notifications in time.

We accept coupons in accordance with the guidelines below to ensure all customers have the opportunity to purchase products at great prices. Please note that Akicon reserves the right to refuse or alter any coupon or promotion at its sole discretion and at any time without prior notice.

Your redemption of Akicon coupons indicates your acceptance and compliance with this policy:

    a. Akicon coupons can only be used when you are purchasing items on www.akiconshop.com.

    b. To enjoy discount, your purchase usually need to meet these conditions including minimum order value, selected items, amount of items, etc. The sales tax is calculated according to the value paid; the sales tax will not be counted as a part of order value if coupons have minimum order value restrictions for usage.

    c. Expired coupons are not accepted; coupons expire at 11:59:59 p.m. on the expiration date of Pacific Standard Time.

    d. Coupon codes have no cash values. We will only refund you the money you paid if you initiate a return.

    e. Please make sure the discount is effective before placing order. The validation of the order and its payment means that you, the customer, agree with the indicated price and that you cannot apply for reimbursement of the undeducted discount code after payment.

    f. Coupon codes are not retroactive and price adjustments will not be issued to orders placed prior to the start of any promotion.

    g. Coupon codes will not be given back in any form once used, unless your payment is failed caused by the system or you refund for the quality reason. If these conditions occur please contact our customer service team (service@akiconshop.com) for help.

    h. Generally only one coupon code is allowed to be used per order.

    i. Generally each acquired coupon code can be used only once per account.

    j. We do regularly deactivate coupon codes while the third party coupon sites may not update our discount information in time. Please notice all discounts are subject to our final confirmation.

    k. Coupon codes are not allowed to be used together with reward points in the same transaction.

For any questions concerning this policy or payment inquiries, please email our customer service department at service@akiconshop.com.


22. Entire Agreement

These Terms, in conjunction with any other policies posted by Akicon on the Website, constitute the entire agreement between you and Akicon and govern your access to and use of the Website. These Terms supersede any prior or contemporaneous agreements or any other communications, oral or written, between you and Akicon.
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