Terms & Conditions of Sale
1.The following terms and conditions of sale (these "Terms and Conditions") shall apply to the sale of the products (the "Products") specified in an Acknowledgement of Order Form and related documents issued by Akki Bike Park Limited ("AKKI") and/or our affiliates in relation to a Purchase Order Form received by AKKI from the party desiring to purchase the Products (the "Purchaser"). The term "Products" shall, where appropriate, include written documentation in relation to the Products. The Purchaser specifically agrees to purchase the Products in accordance with these Terms and Conditions. References to “we”, “our”, “this website” or “us” in the terms and conditions of the terms of use set forth below (these “Terms of Use”) shall be deemed to be references to Akki Bike Park Limited (collectively "AKKI") .
2.These Terms and Conditions shall prevail at all times over any terms and conditions of purchase proposed by the Purchaser (including, without limitation, any terms and conditions set forth in any Purchase Order Form issued by the Purchaser), notwithstanding anything to the contrary therein, except in the event that AKKI and the Purchaser have entered into a separate general agreement in relation to the distribution and sale of the Products (a "Distribution Agreement"), which specifically provides that the terms of such Distribution Agreement shall prevail over these Terms and Conditions.
3. This Website only sells Products to adults who have payment ability. If you are under 18 years old, please use the Website with participation of your parents or guardian.
4. You can order as a registered user or as a guest through our guest checkout function. You need an email address and a mobile phone number to place an order, and you may need to set your browser to accept both cookies and pop-ups to be able to use all the functionalities of the website, which includes adding Products to your shopping cart and submitting your order.
5. To purchase Products/services from the Website and in order to access/use some features on the Website, you may be required to establish and use an account. However, you may only establish an account if you are 18 years of age or over. In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information in connection with your account. When you register for an account, you must (i) provide accurate and truthful information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. You shall be solely responsible for any loss or damage that may arise from and/or in connection with any incorrect or incomplete information provided by you. By establishing an account, you represent and warrant you have the right and are authorized to provide the information you provide when you register for the account. You are solely responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. All activities including, without limitation, all purchases of the Products and services using the Website that occur under your account or password shall be your responsibility. Please ensure you have read and understood the terms of our Privacy Policy before you provide any personal information to us.
Ordering
6. All information on the Website is only an invitation to treat and is not an offer or unilateral contract. You agree that your order is an offer to purchase the Products listed in your order from AKKI on these Terms and Conditions.
7. All prices are indicated and charged in Hong Kong dollars ("HKD").
8. Orders on the website and deliveries are possible only to certain regions and areas of a region namely the Hong Kong Special Administrative Region ("Hong Kong").
9. Orders are accepted only in quantities usual for households. The Website is intended solely for AKKI to sell Products direct to end consumers, and therefore purchase of Products for resale is strictly prohibited. Purchase for resale means the purchase of Product by someone who resells, or intends to resell, the Product to others (consumers, businesses or any third party). If AKKI believes you are involved in purchase for resale, AKKI reserves the right to take any action against you, including, without limitation, to restrict your access to or use of the Website, restrict sales to you, cancel your orders, and/or suspend or close your account.
10. When you submit an order, we will send you an email acknowledging receipt of your order ("Order Confirmation"). This does not mean that we have accepted your order.
Our acceptance of the order will not take place unless and until (i) when the products are shipped to you, and (ii) we will send you an email confirming that the products have been shipped ("shipping confirmation").
11. Products on the Website are in stock and are ready to be sent. Any sizes that are out of stock are marked as unavailable. We may have stock issues from customers ordering Products at the same time. When we are unable to ship an item already ordered, we may cancel that part of your order and you will be reimbursed for the amount actually paid by you to AKKI for the unshipped Products or not charged accordingly. We work hard to keep our stock levels as accurate as possible. Occasionally, errors may occur. If the Products you are looking for are sold out, you may wish to check the availability by contacting us, or, as our stocks are regularly replenished, return to our Website at another time.
12. If you have placed an order in error or would like to cancel an order before it is delivered, please immediately contact AKKI's customer service by messaging us to our social media account or call (852) 5683 8113. AKKI will consider your request to cancel such order in the absolute discretion of AKKI. No cancellation is possible after any Product under the order is shipped.
13. Please note that we cannot make or accept any changes (including delivery address, size, color of the Products) once your order has been placed.
14. Fulfillment of all orders on the Website is subject to availability. We explicitly reserve the right to cancel or not to accept your order for any reason at our absolute discretion. We also reserve the right to cancel or not to accept an order by written notice to you in the following situations (which are not intended to be exhaustive), without being liable for any damages or costs other than repayment of any amount received from you in relation to the order we have canceled including the Product is not available/ your billing information is not correct or not verifiable/ your order is flagged up by our security systems as an unusual order or an order susceptible to or suspected of fraud/ we could not deliver to the address provided by you/ we believe you are under the age of 18 years old/ we believe that you are a reseller or intend to purchase any Product for the purpose of resale/ there was an error in the price display on the Website/ in the event of misspelling, pricing or other errors or mistakes in the Website information or due to circumstances or events beyond our control.
AKKI also reserves the right to cancel or not to accept any order that it knows, or reasonably suspects was made with the assistance or involvement of any software, robot, crawler, spider or other automated means or device which is not commonly used by ordinary users of the Internet.
Payment
15. You can pay for the Products by the payment method as indicated in the checkout page. If you have a promotion code, please enter it in the checkout page in the 'Promotion Discount' field and click on 'Apply'. Please check the expiry date of your promotion code before using it. Please note that you cannot use more than one promotion code for the same purchase order. Not all Products and not all sales of Products are eligible to the promotion code.
16. During the payment process AKKI may perform credit checks. Based on the outcome thereof AKKI may change, adjust, or decline an order and/or the selected payment method. In most cases AKKI will offer you the option to select a different payment method. Our customer service team will not be informed of the outcome of credit checks.
17. The prices of the Products will be as displayed on the Website. Prices may change from time to time, but changes subsequent to payment will not affect any order which we have confirmed in the Order Confirmation.
Delivery
18. AKKI shall use its reasonable endeavors to deliver the Products to the Purchaser in accordance with the delivery dates set forth in the Acknowledgement of Order Form and related documentation. However, time of delivery shall not be of the essence, and accordingly, AKKI shall have no liability to the Purchaser if, notwithstanding such endeavors, there is any delay in delivery.
19. Title to any order of the Products delivered by AKKI shall not pass to the Purchaser until AKKI has received payment in full of the price therefore. Until such payment has been received, AKKI shall have the right to repossess and resell the Products. The Purchaser shall be liable for any damages or costs arising from such repossession and resale by AKKI. If the Purchaser disposes of the Products prior to payment to AKKI, the Purchaser shall hold the proceeds of such disposal upon trust for AKKI and shall be accountable for such proceeds to AKKI.
20. Risk of loss of or damage to any order of the Products shall pass to the Purchaser from the time of delivery to the delivery location designated by the Purchaser in the Purchase Order Form. In the event that the Products are damaged after delivery but before title passes to the Purchaser, the Purchaser shall be liable for such damages.
Exchange/ Return
21. For Products without quality problem purchased at the Website, you can apply for a return / exchange within fourteen (14) calendar days from the date of receipt of the Products (based on the date of receipt on the logistics document), and AKKI reserves its rights to refuse a return / exchange request in its absolute discretion. If AKKI agrees to the return / exchange request, all products are allowed to exchange once only, and such exchange must be a product of the same style and in the same color. Please note that we only accept returns / exchanges if the returned / exchanged Products meet all the "Return / Exchange Conditions" described below and do not fall within any of the "Return / Exchange Exclusion" described below.
22. If you need to return/exchange Products, you will need to send the Products back within 14 days after our after-sales service center receives the return request from you. The Products must be in original condition (for example, the Products are kept intact, unused, unwashed or unaltered, no stains or cosmetics on the products) and the conditions for re-sale of the Product have not been affected. The outer package of the Product must also be intact (including the plastic bag or box; please do not stick any tapes or labels directly on our outer package, please put the outer package into another box or bag), the Product accessories, instructions, tags, labels, etc. should all be kept intact.
23. If the Product / parcel has additional gifts (gift with purchase promotion), please return the gift together. The gift needs to be kept in the condition as it was received. If the gift cannot be returned, we have the right to ask you to pay for the gift according to the price of the gift we have indicated.
24. Return/ Exchange application of Products will not be accepted in the following situations including Products which are not sold through the Website or Akki Bike Shop/ are bought during specific offers or promotional events which explicitly state that return or exchange are not allowed/ customized products without quality problems/ where the Product is used, washed, processed (e.g. altered size), soiled or damaged, the logo is cut, and other merchandise not in re-sale condition/ where the order number issued at the time of purchase is lost/ orders that exceed the return / exchange period/ Products that are clearly indicated with defects at the time of purchase, and then returned / exchanged with defective reasons/ and other circumstances in which the consumer has no right to return / exchange according to this policy and the applicable law.
General
25. Neither party shall be liable for any delay or failure to comply with its obligations hereunder if such failure is due to any cause beyond its reasonable control, including, without limiting the generality thereof, acts of God, acts of civil or military authority, labor disputes, failure or delay of AKKI's suppliers, fire, riots, civil commotion, sabotage, war, embargo, blockage, boycotts, floods, epidemics, delays in transportation, or governmental restrictions, of which it has notified the other party, and the time for performance of such obligations shall be extended accordingly. If the situation in question prevails for a continuous period in excess of three months, the parties shall enter into discussions with a view to alleviating its effects, or to agreeing upon such alternative arrangements as may be fair and reasonable.
26. The Purchaser shall bear the risk and be responsible for all damage, injury or loss, (including consequential loss, injury or damage) arising directly or indirectly out of or in connection with the service, delivery, installation or use of the Products.
27. This Agreement shall be governed by, and construed in accordance with, the laws of the Special Administrative Region of Hong Kong. The parties hereby irrevocably submit to the non-exclusive jurisdiction of the courts of Hong Kong in relation to any legal proceedings arising out of or in connection with this Agreement, and waive any objection to proceedings in any such courts on the grounds that such proceedings have been brought in an inconvenient forum.
28. These printed standard Terms and Conditions (together with any special conditions set out below) contains the entire agreement between AKKI and the Purchaser and may be modified or amended by AKKI unilaterally without prior notice to the Purchaser. These Terms and Conditions shall not be modified or amended by the Purchaser without the prior written consent of AKKI.
19. Payment must be made within the credit period for the time being as AKKI and the Purchaser have agreed in writing. If, following the expiration of the said credit period, this invoice remains unpaid then AKKI shall charge the Purchaser interest at the rate of 2% per month, which shall accrue from the 1st day after the expiration of the said credit period until payment (both days inclusive). Failure to pay the amount due in respect of this invoice (including any interest) will be a fundamental breach of these Terms and Conditions and the accrual and imposition of interest is without prejudice to AKKI's rights and remedies against the Purchaser for recovery of payment.
20. These Terms of Use are prepared in English. The Chinese translation is provided for reference only. In case of any inconsistency, the English version shall prevail.
