1.1     These Product Terms of Sale and the General Terms and Conditions listed on our Website, and available at this [link], govern any order or purchase of Products you make on the Website.

1.2    You represent and warrant that you have read and understood the General Terms and Conditions (including paragraph 10 (Liability) and paragraph 11 (Indemnity) of the General Terms and Conditions), and you acknowledge that the General Terms and Conditions are expressly incorporated into these Product Terms of Sale and into any Contract formed under them.

2.1     In these Product Terms of Sale:

         “Account” means the account that you may create and use to register on our Website to submit an Order;

         “Aka-Iki Limited”, “our”, “us” and “we” means Aka-Iki Limited;

         “Contract” means your Order of a Product or Products in accordance with these Product Terms of Sale, which we accept in accordance with paragraph 5.3;

         “Customer” means any individual who places an Order on the Website;

         “Delivery Address” means the delivery address as stated in the relevant Order;

         “Estimated Delivery Date” means an estimated delivery date of an Order; 

         “Force Majeure Event” any event or state of affairs causing or resulting in a failure or delay for us to perform any obligation under these Product Terms of Sale that is caused or results from a cause beyond our control that was not due, or substantially attributable, to any failure by us to exercise due diligence to prevent such failure or delay, and includes war or threat of war; an act of God; natural or nuclear disaster; riot or civil commotion; pandemic; act of terrorism; malicious damage; fire or flood; compliance with a new law or order of a government authority or judicial authority; closure of airports or ports; or trade dispute unrelated to the party affected by the event or state of affairs causing cessation of slow-down of work;

         “General Terms and Conditions” means our General Terms and Conditions;

         “Hong Kong” means the Hong Kong Special Administrative Region of the People’s Republic of China;

         “Indemnified Parties” means us, each associated company of Aka-Iki Limited, and their respective officer, employees, contractors and representatives;

         “Intellectual Property Rights” means all intellectual property rights including patents, trademarks, design rights, copyrights, database rights, trade secrets and all rights of an equivalent nature;

         “Order” means the order submitted by you through our Website to purchase a Product or Products from us;

         “Order Confirmation” means our email to you, in which we acknowledge your Order / Purchase in accordance with paragraph 5.3;

         “Payment Intermediary” means any third party payment processing service providers used by us and include: Apple Pay, PayPal and Shopify Payments;

         “Product” means a product offered on our Website;

         “Promotional Gift” means a promotional gift included in an Order;

         “Terms and Conditions of Sale” means these Product Terms of Sale and the General Terms and Conditions;

         “Website” means the website www.aka-iki.com and AKA’IKI Community App / www.community.aka-iki.com operated by Aka-Iki Limited; 

         “Website Infrastructure” means all our systems (including code) that facilitate, provide or describe the Website; and

         “you” or “your” means a Customer on our Website.

2.2    References to “paragraphs” are to paragraphs of these Product Terms of Sale, unless otherwise stated.

2.3    Headings are for ease of reference only and shall not affect the interpretation or construction of these Product Terms of Sale.

2.4    Words imparting the singular shall include the plural and vice versa. Words imparting a gender will include every gender and references to persons shall include any individual, company, corporation, firm or partnership.

3.1     You represent and warrant that:

         (a)     you are an individual and you are 18 years old or older;

         (b)     you have the authority to enter into a legally binding contract with us;

         (c)     you are not barred under any applicable laws or contracts from entering into a legally binding contract with us; and

         (d)     all information you provide in respect of your Account is correct and complete in all material respects.

3.2    We reserve the right to request written confirmation regarding your authority to agree to these Product Terms of Sale.

3.3    Clicking “CHECKOUT” to place an Order constitutes:

         (a)     your representation and warranty that you have read these Product Terms of Sale carefully and in their entirety; 

         (b)     your offer to make your purchase of the Order in accordance with these Product Terms of Sale;

         (c)     your acceptance that any Order Confirmation will be solely on the basis of these Product Terms of Sale; and 

         (d)     your undertaking to us to comply with these Product Terms of Sale.

3.4    You should not seek to purchase Products unless you agree to these Product Terms of Sale.

3.5    We require that you must expressly agree to these Product Terms of Sale to place an Order and to purchase a Product.

3.6    We recommend you print a copy of these Product Terms of Sale for future reference.

We may amend these Product Terms of Salefrom time to time in our sole discretion without notice or liability to you. Any new terms will not affect Orders that you have already submitted.

5.1     To place an Order with us, you must follow the online shopping process on the Website, presently being:

         (a)     once you have selected the coordinates to be printed on your Product, the print colour and the size of the Product you wish to purchase, click “ADD TO BAG”;

         (b)     if you are satisfied with the contents of your shopping cart, click “CHECKOUT”; 

         (c)     fill in your contact information, order information, Delivery Address and billing address, and input any promotional voucher or discount code; 

         (d)     if you are satisfied with the content you have input, click “COMPLETE ORDER”;

         (e)     review these Product Terms of Sale, and if you are satisfied to proceed, click “I Agree”;

         (f)      select your preferred method of payment and complete the payment detail information; and 

         (g)     click “Authorise Payment”.

5.2    After you have placed an Order, all Orders are subject to stock availability. If we have sufficient stock to fulfil your Order, you will receive an Order Confirmation / Purchase Confirmation which will act as our acknowledgment of receipt of your Order. In the event of inability to fulfil your Order, we will notify you by email and we will refund any payments made for the Order. We may also notify you by email when a Product is restocked.

5.3    A Contract is formed only if we have issued an Order Confirmation / Purchase Confirmation to you and only in respect of the Product(s) contained in the Order Confirmation / Purchase Confirmation. The Terms and Conditions of Sale form part of the Contract and are incorporated to the exclusion of all other terms.

5.4    If your Order consists of more than one Product, the Products may be delivered to you in separate eliveries at separate times.

5.5    We reserve the right to remove any Products from the Website at any time. We also reserve the right to edit or remove any material or content from the Website. We will not be liable to you or any third party for removing a Product from our Website or editing or removing any materials or content from our Website.

5.6    We reserve the right to refuse or reject an Order made by you at any time (even after we have sent an Order Confirmation). We will not be held liable to you or a third party for cancelling or refusing to accept an Order. 

5.7    If we cancel your Order after we have received payment (and even after we have sent an Order Confirmation), the payment for the Order will be fully refunded to you.

6.1     Prices for Products quoted on our Website exclude delivery costs, and all duties, customs, taxes, levies or similar governmental charges. 

6.2    Unless stated on the Product page of our Website, all duties, customs, taxes, levies or other governmental charges and declarations for importing the Products to the Delivery Address will be your responsibility and borne by you and are exclusive of prices of Products.

6.3    We will use our reasonable commercial efforts to ensure that details, descriptions and prices of Products that appear on our Website are accurate. However, there may be instances where errors occur. If we discover that an error in price has occurred, we will inform you as soon as possible, and provide you the option of reconfirming your Order at the correct price or cancelling your Order. If we are unable to contact you or if we do not receive a response from you, the Order will be treated as cancelled and you will receive a full refund. If you choose to reconfirm your Order, we will arrange to deliver your Order and we will charge or refund any amounts as stated in our notification to you shortly after receiving your reconfirmation of your Order by the form of payment and payment method used to place the Order.

6.4    We are under no obligation to fulfil an Order if the price listed on the Website is incorrect (even after you have received an Order Confirmation).

6.5    Prices may change from time to time. However, changes in our prices will not apply to any Order placed before the effective date of those price changes.

7.1     You may pay for Products by using any Payment Intermediary listed on our Website.

7.2    You may also pay all or part of your Order using a promotional voucher provided by us. Promotional vouchers may only be entered online upon checkout.

7.3    We may use Payment Intermediaries to process any payment between you and us. You consent that we may provide documents and information about you to the Payment Intermediaries, including documents and information containing your personal data.

7.4    We are not a regulated payment processor or a money service operator, and are not responsible for any payment failures or issues caused by the Payment Intermediaries.

7.5    You are responsible for providing complete and accurate information in the payment process and any payments must be paid by your own funds. By clicking on “Authorise Payment” you confirm that:

        (a)     the credit card, debit card or payment service or facility used to make the payment belongs to you;

        (b)     if applicable, you are the legitimate holder of the promotional voucher; and

        (c)     you have sufficient funds or credit facilities to pay for the relevant Order.

7.6    We will not be liable or responsible for any unauthorised use by any third party of your credit, debit or prepaid cards, even if those cards were reported stolen. We may inform any competent authorities (including credit reference agencies) of any fraudulent payment or other unlawful activity.

7.7    You will not:

        (a)     make or attempt to make any chargebacks in respect of any payment you have made for Products; or

        (b)     reverse any payment you have made in respect of Products.

7.8    You will indemnify us fully, and keep us fully indemnified, in respect of any chargebacks or reversal of payments made by you, and any loss, cost, liability or expense incurred by us arising from or in connection any such chargeback or reversal.

8.1     You may use our promotional vouchers or discounts while making payment for Products on the Website.

8.2    To redeem a voucher or apply a discount, the voucher or discount code must be entered at the checkout page of your Order.

8.3    Upon entering and applying the voucher code or discount code, the voucher or discount will be reflected in the total of your Order on checkout.

8.4    You may redeem or use only one promotion voucher or discount per Order.

8.5    The credit of a promotional voucher does not accrue interest, or have a cash value.

8.6    If the credit of a promotional voucher is insufficient for your Order, you may pay the difference by separate payment method available on the Website.

8.7    If you use a promotional voucher for an Order that has been returned, you will not be refunded the value of the promotional voucher. However, if you paid partly from a separate payment method, this portion may be refunded.

9.1     We aim to deliver your Order to you at the Delivery Address provided upon placing your Order.

9.2    Upon checkout of your Order, we will provide an Estimated Delivery Date. 

9.3    We may notify you if we expect to be unable to meet the Estimated Delivery Date, but we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery, to the extent permitted by law.

9.4    Our courier partners may not be able to deliver Products to some locations. In which event, we will inform you and we will arrange to cancel and refund the Order or deliver the Order to another Delivery Address as confirmed by you. 

9.5    All risk in the Product will pass to you upon delivery to the Delivery Address, except if delivery is delayed due to a breach of your obligations of these Product Terms of Sale, in which case risk will pass at the date when delivery would have occurred but for your breach. 

9.6    If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not accept delivery or collect your Order from the courier, we may charge you for any fee and other costs reasonably incurred by us to return the Order back to the sender, without prejudice to any other rights or remedies available to us.

If you wish to cancel or change your Order after an Order has been made through our Website, then you must cancel or change your Order within 24 hours of submitting the Order. You may make your cancellation or change request by emailing us at hello@aka-iki.com.

11.1   All Product descriptions, information and materials stated on the Website are provided ‘as is’ and without express or implied warranties or otherwise.

11.2  Products images may slightly differ from the actual Product that you receive.

11.3  If the Product you receive is faulty, then you must follow these steps to benefit from the remedies provided in paragraph 11.5:

       (a)     you must send an email to hello@aka-iki.com within ten days of its receipt by you informing us of the Product to be returned, the Order number and a picture of the faulty Product;

       (b)    You must dispatch the Product and any Promotional Gift to us within ten days of its receipt by you to: 

               AKA’IKI Returns Department

               9/F, Kerry Warehouse (Shatin)

               36-42 Shan Mei Street

               Fo Tan, New Territories

               Hong Kong SAR

               You are responsible for, and must pay, return shipping and costs. Return shipping costs may be reimbursed by us to you upon valid proof of payment for the shipping pursuant to paragraph 11.5.

               Your return package must contain the Order number; your name, your Delivery Address (if you have requested an exchange of Product) and e-mail address.

       (c)     We will examine the Product and any Promotional Gift in due course after its receipt by us; and

       (d)     We will send an email notifying you if we are satisfied that the Product is faulty.

11.4  You will ensure that the Product and any Promotional Gift is sent to us in the same condition as it was when received by you and is packaged properly. The Product and Promotional Gift must be un-used, Product tags must not be tampered with, and the Product must be in its original packaging.

11.5  Our sole liability to you in respect of faulty Products is to either (at our sole discretion):

       (a)     replace the Product, reimburse your delivery costs in returning the faulty Product to us, and pay the delivery costs for delivering the Products to the Delivery Address; or

       (b)     pay you an amount equal to the price of the Product and returning the faulty Product to us. We will pay this amount to you by payment to the account from which we received payment, and by the same payment method.

11.6  If we determine that the Product is not faulty, we may at our discretion decide not to refund you for the Product and we may require you to pay all reasonable servicing costs and charge this to the form of payment used to place the Order. We will not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result of this paragraph, to the extent permitted by law.

11.7  We give no guarantee on our return processing time, but we will endeavor to process returns in a reasonable timeframe.

11.8  You acknowledge that the Products are standard and are not made bespoke to fit any particular requirements that you may have, save and except for your selected coordinates, print-colour and Product identification code.

12.1   If a Force Majeure Event lasts more than one week, we may terminate the Terms and Conditions of Sale forthwith by written notice and without any liability other than a refund of the Product already paid by you and not delivered.

12.2  We reserve absolute discretion on the solution we adopt in fully meeting our obligations under these Product Terms of Sale if a Force Majeure Event occurs.

13.1   These Terms and Conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by and construed in accordance with the laws of Hong Kong, but without regard to its principles of conflicts of laws. 

13.2  Any disputes or claims (including non-contractual disputes or claims) relating to these Terms and Conditions or your use of the Platform shall be subject to the non-exclusive jurisdiction of the Hong Kong courts.

Please email info@aka-iki.com if you have any questions or concerns about these Product Terms of Sale.