1.INTRODUCTION
1.1 These Terms and Conditions govern the selling-buying process of offered products by AK MANUFACTURING VENTURES CORPORATION (the “Company”) in the available catalogue in its web site www.armoredkomodo.com.
1.2 These terms & conditions are binding for the Company and the buyer (customer), conferring them a whole set of rights and obligations from the moment that customer agrees an order through this web site. They are legally binding and knowledge by both parties, consequently its acceptance is essential to be able to formalize an order. Therefore, the customer should carefully read these terms and conditions.
1.3 The access to the web site will be in accordance with our privacy policy. The company reserves the right to change, modify, suspend or discontinue all or any part of the information content in the web without previous notice, so that the company is not responsible in case such information is not properly updated.
1.4 The Company reserves the right to refuse to provide you access to the web site or to allow you to open an account for any reason. By opening an account, you give your irrevocable acceptance of and consent to the terms of this agreement, including those additional terms and conditions and policies referenced herein and/or linked hereto. If you do not agree to these terms, please do not use or access the web site.
1.5 If you are under the age of 18 or the legal age for giving consent hereunder pursuant to the applicable laws in your country (the “legal age”), you must get permission from a parent or legal guardian to open an account and that parent or legal guardian must agree to the terms and conditions of this agreement.
2. RESPONSIBILITY
2.1 The user is responsible for the access to the web site and the use of information so the Company will not be liable for any consequence or damage caused by them.
2.2 The Company is not responsible for any possible security flaws that may occur or for any damage caused to the user’s computer system (hardware and software), files or documents stored therein as a result of the presence of virus in the user’s computer used to connect to services and web content, a malfunction of the browser or the use of outdated versions.
2.3. Therefore, the user agrees, explicitly and without reservation, that access and use of the web site is his/her sole and exclusive responsibility.
3. DATA PRIVACY
3.1 By using the web site or providing information on the web site, you:
3.1.1 Consent to the Company’s collection, use, disclosure and/or processing of your Content, personal data and User Information as described in our privacy policy.
3.1.2 Agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and the Company.
4. LIMITED LICENSE
4.1 The Company grants you a limited and revocable license to access and use the web site subject to the terms and conditions.
4.2 All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property”) displayed in the web site are the property of the Company and where applicable, third-party proprietors identified in the web site.
4.3 No right or license is granted directly or indirectly to any party accessing the web site to use or reproduce any Intellectual Property, and no party accessing the web site shall claim any right, title or interest therein.
4.4 By using or accessing the web site you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the web site and its Content.
4.5 You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion, the web site or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this web site on any other server or as part of any other web site.
5. SHIPPING AND SALES CONDITION
5.1 OFFER PRICE AND PAYMENT
5.1.1 Each product has a sheet in which is specified the description and its sale price. These prices may include applicable discounts and other applicable charges but exclude delivery costs.
5.1.2 Delivery costs will be added to the total amount due once you have selected a delivery service from the available options. Delivery costs may vary depending on destination area. It is due to the costs are able to vary based on geographical zone. In any case, once the customer indicates the delivery address and payment method, the web page will offer the exactly price. Anyway, before accepting an order, the Customer will be informed of all existing costs and exactly prices.
5.1.3 All product prices listed are in local or in USD currency.
5.1.4 Payment can be made by most debit or credit cards and other payment methods acceptable to us, by completing the relevant details on the “Payment” page. We shall not be liable for any credit card or other payment fraud.
5.1.5 We may from time to time set credit limits for individual customers and we reserve the right to limit sales including the right to decline sales to any customers.
5.1.6 Full payment in respect of an order must be made upon the placing of the order. If your payment cannot be processed, the order will not be accepted, and you are advised to contact your card issuer to resolve any problem concerning the use of your credit card in order to continue with the order.
5.1.7 We reserve the right to change the payment terms for any order without prior notice.
5.1.8 If payment for any order has already been made but the order is not accepted by us, you will be entitled to a refund, depending on the period of time your financial institution needs to arrange the refund. We shall not be liable with respect to any loss, damage, cost or expense that you or any person may incur as a result of any delay in your financial institution processing the said refund.
5.2 ORDERING PROCESS
5.2.1 You may place an order to purchase a Product advertised for sale on the site by following the onscreen prompts after clicking on the item you are interested in. You will have an opportunity to review and correct any errors in your order up until the point at which you submit your order. No changes or amendments can be made by you to your order after this point.
5.2.2 After placing an order, you will receive an e-mail from us acknowledging that we have received your order and giving you an order number and a summary of your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched. The contract between us for the sale of a Product will only be formed when we send you the Dispatch Confirmation for the relevant Product.
5.2.3 Each Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
5.2.4 We may, in our sole discretion, refuse or cancel any order and limit order quantity. We may choose not to accept your order for any reason and we will not be liable to you or to anyone else in those circumstances.
5.2.5 We may be unable to process your order if:
5.2.5.1 the Product you ordered is out of stock;
5.2.5.2 there is a problem with authorization of your method of payment.
5.3 DELIVERY
5.3.1 We will deliver the Products to you in accordance with the delivery option specified by you when you placed your order. Once an order is placed, no changes or amendments can be made to the delivery address.
5.3.2 We shall deliver the Products to the delivery address specified by you on the order form. Your order will be delivered to you via the service of a courier service company appointed by us. We advise that either you or a chosen representative is able to receive the order.
5.3.3 We aim to deliver the Products within the estimated timeframes, from the day on which the Dispatch Confirmation is issued. However, we are not able to guarantee any firm delivery dates upon order and to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
5.3.4 On delivery of the Products, you are required to sign for delivery. You shall examine the Products immediately upon collection for any deficiencies and/or damages before you sign for delivery. All risk in the Products shall pass to you upon delivery.
5.3.5 Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your order and arrange for cancellation of the order or delivery to an alternative delivery address.
5.3.6 If you are not available to take delivery or collection, we will send you an SMS notifying you of the failed delivery attempt. We will notify you of the succeeding delivery attempts but upon a failed 2nd attempt, the delivery will be tagged as failed and the order shall be cancelled.
5.3.7 If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not accept delivery or collect the Product from the carrier, then we may (without affecting any other right or remedy available to us) no longer make the Product available for delivery or collection and notify you that we are immediately cancelling the order, in which case we will refund to you or your credit card company as applicable any money already paid to us under the order, less our reasonable administration charges (including for attempting to deliver and then returning the Product, and any storage fees as provided).
5.3.8 If you request for redelivery, we are entitled to charge for providing the service.
5.3.9 It is your responsibility to notify us immediately of any change to the delivery address.
5.3.10 We reserve the right to decline delivery of Products to any customer at our sole discretion absolutely.
5.4 OWNERSHIP
5.4.1 Once delivered, the Products ordered will become your responsibility and, except in relation to Products that are damaged or faulty when delivered or have been incorrectly delivered, we will not accept any liability for their loss, damage or destruction after they have been delivered.
5.5 CANCELLATION, RETURN AND REPLACEMENT
5.5.1 We may cancel an order if the Product is not available for any reason. We will notify you if this is the case and return any payment that you have made. Refund will be credited into the credit card account originally used by you to pay for your purchase, depending on the period of time your financial institution requires to arrange for the refund.
5.5.2 You cannot cancel an order once a Dispatch Confirmation is issued.
5.5.3 You shall examine the Products immediately upon collection / delivery for any deficiencies and/or damages.
5.5.4 Exchange of the Product may be arranged for the following reasons:
5.5.4.1 If the product delivered is damaged or defective.
5.5.4.2 If the product delivered is incorrect either different from the order placed or different from the product description on the website.
5.5.5 The customer must communicate their withdrawal to AK Manufacturing Ventures Corporation by email or postal mail.
5.5.6 Request will only be entertained within seven (7) days of receipt of the product. It is the time limit to proceed with any return of orders or products. Once this time has ended, no returns will be accepted.
5.5.7 Return request will be processed within three (3) to five (5) working days after proof of original transactions (photos and waybill etc.) are received.
5.5.8 Product (s) must be returned in its original and complete condition, unused, as of the time received from us. Purchased as a set must also be returned as a set.
5.5.9 The cost of return shipments will be borne by the Customer. To proceed with the exchange or return, the products must be in the same conditions in which you received them, with the original packaging and cannot have been used.
5.5.10 Customer will be notified once the return and replacement request has been approved.
5.5.11 The Company reserves the right to reject any replacement for opened or used product in accordance with DTI rules and regulations. We shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.
5.6 DUTIES AND TAXES
5.6.1 DUTIES AND TAXES are the responsibility of the buyer as mandated by laws in the country where the order will be received.
6. REPRESENTATION AND WARRANTIES
6.1 You represent and warrant that:
6.1.1 You possess the legal capacity (and in the case of a minor, valid parent or legal guardian consent), right and ability to enter into these Terms and Conditions and to comply with its terms.
6.1.2 You will use the web site for lawful purposes only and in accordance with these Terms and Conditions and all applicable laws, rules, codes, directives, guidelines, policies and regulations.
7. GENERAL CONDITIONS
7.1 We have the right to revise and amend these Terms and Conditions from time to time without prior notice by changing them on the web site, provided that any such change will not affect any purchases you have made before the change is implemented.
7.2 These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of the Philippines without regard to its conflict of law rules.
7.3 If you have any questions or concerns about these Terms and Conditions or any issues raised in these Terms and Conditions or on the Site, please contacts us at: alex@armoredkomodo.com.
I HAVE READ THESE TERMS AND CONDITIONS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION TO THE SAME HEREAFTER. BY CLICKING THE “SIGN UP” DURING REGISTRATION, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY.