1. Introduction and scope of the General Terms and Conditions
These general terms and conditions of sale (hereinafter, “General Terms and Conditions”) apply to the sale of products and services made available from the website www.arkonik.com (hereinafter, the “Website”) to customers (as defined below) pursuant to Legislative Decree n. 206/2005 as subsequently amended (hereinafter, “Consumer Law”).
The seller of the products and the owner of the Website is: Arkonik Ltd, with registered offices at C/O Francis Clarke LLP North Quay House, Sutton Harbour, Plymouth, PL4 0RA – VAT number GB851048539, company registration number 6393340 (hereinafter, “Arkonik”).
The products displayed on the Website are sold directly by Arkonik Ltd only to final customers (hereinafter, “Customer”), with the exclusion of professionals, dealers, distributors or any other entities or individuals who are interested to buy the products for resale to third parties or for professional use.
Arkonik reserves the right to change or update this General Terms and Conditions at any time, also when required to comply with applicable legislation, and in such case the updated General Terms and Conditions will apply upon their publication on the Website.
2. Choosing and ordering the Products
2.1: The agreement entered by the Customers and Arkonik through the purchase of products on the Website (“Products”) is governed by these General Terms and Conditions in accordance with English law.
2.2: The details and the price of the Products are shown on the page relevant to each Product. The visual representation of the Products on the Website, if available, normally corresponds to its photographic image in addition to the descriptive card. It is understood that the image of the Products has the sole purpose of presenting them for sale and may not be perfectly representative of their characteristics and qualities but may differ in colour and size from the Product. In case of a difference between the image and the Product descriptive card, the latter shall prevail.
2.3: For the purchase of Products the Customer shall fill in and send the order form in electronic format, following the instructions on the Website. The Customer shall add the Product to the “Cart” and, after reading and accepting the General Terms and Conditions and the Privacy Policy, he/she shall insert the shipping and billing data, select the desired method of payment and confirm the order.
2.4: The agreement entered into between Arkonik and the Customer shall be considered as concluded once the order has been accepted by Arkonik. In case of Customers domiciled outside the European Union or who have indicated a delivery address outside the European Union, any costs connected to taxes, duties and other export expenses shall be borne by the Customer.
3. Product availability
Once the order has been received, Arkonik shall check the availability of the ordered Products. In the event that one or more of the Products ordered are not available, Arkonik will send an email to the Customer who, within the next 24 hours, shall confirm the order in relation to the available Products or cancel it. In case of no reply within such time limit, the order shall be considered as confirmed and the available Products will be shipped. In this case the full amount relating to missing Products will be reimbursed or, depending on the chosen payment method, will not be charged to the Customer.
4. Acceptance of the General Terms and Conditions and Privacy Policy
By submitting an order from the Website, which has the value of a contractual offer, the Customer acknowledges and declares to have read all the information provided during the purchase procedure and to fully accept these General Terms and Conditions, the applicable terms of payment and the Privacy Policy.
5. Prices
Product prices are inclusive of VAT and are displayed in GBP.
6. Payment and billing
The Customer may pay the price of the Products and their delivery costs using Visa, Mastercard, Maestro, or American Express Credit/Debit Cards. Apple Pay and G-Pay may also be available on correctly configured, compatible devices.
In order to guarantee appropriate security, the Customer will carry out the payment transaction directly on the secure server of the payment processor, Stripe. All transactions are SSL (Secure Socket Layer) protected, PCI Compliant, and encrypted.
The Website does not store the credit card number of the Customer, but thanks to the secure communication system of the payment processor, from the second purchase, the Customer who so wishes - through the selection of the appropriate option - shall be able to proceed with the purchase without re-entering his/her data. The payment processor uses the SSL protocol to encrypt the transmitted data between its server and the Customer’s browser.
7. Shipping
7.1: Products are shipped by courier to the address indicated by the Client. Normally orders of available Products are shipped within 2 to 3 business days from the receipt of the order confirmation. Upon delivery the Customer shall verify the Products and immediately report to the courier any damage or discrepancy in quantity or quality of the Products with respect to the ones ordered.
7.2: Shipping is free for orders above £100.
8. Invoicing of orders
If the purchase is made by a professional it shall be possible to request the issuance of the invoice by sending an email containing the relevant information to [email protected]. In such case, the invoice shall be sent by email to the address indicated by the purchaser when submitting the order. The professional is responsible for the proper entry of the billing data and he/she is expressly informed that if no invoice request is carried out during the ordering, it may not be requested at a later stage, nor will amendments be made in cases where the data communicated is wrong.
9. Limitations of liability
Except in case of wilful misconduct or gross negligence, but in any case, to the extent permitted by Consumer Law, Arkonik shall have no liability for damages to persons and/or things caused by the Products, the partial fulfilment or delay of an order, as well as by the temporary or permanent unavailability of the Website, of the order management platform or of the payment systems.
10. Products guarantee and Lack of Conformity
The Products shall be subject to the legal guarantees provided for in articles 129, 130 and 132 of the Consumer Law. The Customer is entitled, at his/her option and as long as the type of the Product permits so, to a free of charge restoration of the Product’s conformity by repair or replacement, or to an appropriate reduction of the price or to the termination of the agreement. The guarantee on the Products shall be valid for a period of two years after their delivery to the Customer, provided that the Customer has reported the lack of conformity to Arkonik within two months from the date in which he/she discovered the defects, under article 132 of Consumer Law. The guarantee is personal and will apply only to the Customer who has purchased the Product. The warranty is valid only if the Product is returned to Arkonik together with its original packaging, labels and documentation (if any) and in its entirety.
11. Right of withdrawal
The Customer is entitled to withdraw from the purchase agreement for any reason, without explanation and without any penalty, except for the cases of exclusion referred to in following paragraph IV. In order to exercise this right, the Customer shall send a written notice to Arkonik within 14 days from the date of delivery of the Products or at any time prior to such delivery. Such notice shall be sent by email to [email protected].
Upon receipt of the notice Arkonik shall open a file for the management of the returned goods and communicate to the Customer the instructions relevant to the return of the Products, which shall take place through the courier indicated by Arkonik itself.
The right of withdrawal is governed by the following conditions:
I. The right applies to a Product purchased in its entirety; therefore, if the Product is composed of multiple components or parts the withdrawal may not be exercised only on a part of the purchased Product.
II. In case of exercise of the right of withdrawal, Arkonik shall refund the Customer the full amount of the returned goods, including shipping expenses, if any, within 14 days from the date on which the notice of withdrawal was received, without prejudice to the right of Arkonik to suspend the payment of the reimbursement until the actual receipt of the goods. The reimbursement shall be carried out using the same payment method used by the Customer.
III. In order to guarantee that the Products can be returned for free, the Products shall be returned in the same packaging in which they were received.
IV. The right of withdrawal is excluded (i) if the purchaser requests the issuance of an invoice and/or he/she is not a “consumer or user” as defined by the Consumer Law, and (ii) in the following cases, in accordance with article 59 of Consumer Law:
- orders of tailored or clearly personalized Products;
- orders of Products which are liable to deteriorate or expire rapidly;
- orders of sealed Products which are not suitable to be returned for hygienic reasons or connected to the protection of health or that were opened after the delivery.
In the cases of exclusion of the right of withdrawal, Arkonik shall return the purchased Products to the Customer, charging the shipping costs to him/her.
As an alternative to the right of withdrawal, the Customer has the right to change the size/colour of the purchased Products (limited to clothing), and in such case the shipping costs are charged to the Customer. This option is granted provided that the Product requested is the same model of the one originally ordered and subject to availability of the requested size/colour. In such case Arkonik will send the Product to the Customer without further shipping costs and after receiving the Product originally ordered. In any case Arkonik reserves the right to cancel the order and refund the price to the Customer in case that during the period from the request of replacement and the return of the Product, the originally ordered size/colour requested has gone out of stock.
12. Complaints and Information
Any complaint or request of information shall be forwarded to Arkonik by email to the following address: [email protected]
13. Notices
The Customer accepts that all notices and information relating to the purchase of Products will be sent to his/her addresses or email communicated to Arkonik when the order was placed or the account was created on the Website.
14. Deletion of orders by Arkonik
Arkonik reserves the right to cancel any order in the following cases: articles out of stock, articles which cannot be delivered for country specific limitations or other reasons, credit card frauds.
Returns and Exchanges
Arkonik’s mission is to provide the best customer service. If the article is not the right size, you can exchange or return it.
- Return must be within 30 days of purchase
- You are responsible for the cost of shipping and any courier charges associated with your return(s)
- Item must be in as-new condition with original packaging and labels
If you have any questions before returning the goods, you can contact us by email at [email protected] from Mon-Thu 8:00am-6:00pm, or Fri 8:00am-3:30pm (GMT).
Address for returns if you reside in UK/Europe:
FAO: Scott McCabe
Arkonik Ltd.
RETURNS Dept.
Lakeside Park
Mells
Somerset
BA11 3RH
England
Address for returns if you reside in USA/Canada:
FAO: Erica Woodward
Arkonik SVO LLC.
RETURNS Dept.
2284 Clements Ferry Rd
Unit A
Charleston
SC 29492
USA