In this document the following words shall have the following meanings:
1. “Seller” means Avakino Ltd.
2. “Goods” means the goods which are supplied by the Seller;
3. “Buyer” means the person, firm, or the company with whom any contract to supply goods is made by the seller.
1. These terms and conditions govern your use of our website. By using our website, you accept these terms and conditions
in full or otherwise if you disagree then you must not use our website.
2. If you register with our website you must be at least 18 years of age or have a warrant and represent to us that you are at least 18 years of age.
3. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
We do not store credit card details nor do we share financial details with any 3rd parties
1. Our prices are quoted on our website.
2. All amounts stated in these terms and conditions or on our website are stated both inclusive of VAT
3. We apply a standard pricing policy across the US
4. In addition to the price of the products, you may have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.
Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.
1. Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer.
2. Our main delivery service providers are UPS and USPS. Delivery costs are as follows:
USPS STANDARD SERVICE 3 – 7 days : $5.95
UPS STANDARD: 2 – 5 days : $14.95
UPS Expedited 24-72 hours: $35.00
3. If the seller is unable to deliver the Goods because of actions or circumstances under the control of the Buyer, then the Seller shall be entitled to place the Goods in storage until such times as delivery may be affected and the Buyer shall be liable for any expense associated with such storage.
4. Any damages, shortages, over deliveries, and duplicated orders should be reported to the Seller within 7 days from the date of the delivery to enable replacement or refund. If the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods has been delivered in accordance to the contract.
5. Where the valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Seller in according to these conditions, the Seller shall be entitled to replace the Goods or (the part in the question) free of charge or, at the Seller’s sole discretion, refund the Buyer the price of the Goods (or proportionate part of the price), but the seller has no other further liability to the Buyer.
6. Delivery times are specified upon making an order
Return of Unused Goods
1. All goods are sold on a firm sale basis, i.e. the Seller will not take back any goods not required or sold by the Buyer, unless otherwise agreed, in which case the following terms apply.
2. Any returns must be sent back by the Buyer to the Seller within 30 days, from the date of the invoice.
During coronavirus outbreak the returns have been extended to 90 days until further notice.
3. Any returns must be authorised by a representative of the Seller before any credit will be given.
4. Where the Seller agrees to accept the return of goods that are not damaged the Buyer will be responsible for the cost of carriage and will ensure that they are carefully packaged to avoid any damage in transit. The Seller will not be obliged to accept any goods that are damaged in any way.
5. The credit of amounts due or paid in will only be given for goods that are in a saleable condition.
6. We will give you a refund for the goods within 7 days following the day we receive the returned item.
7. We will not refund the original delivery charges relating to the returned item and we will not refund any costs you incur in returning the item to us.
8. Refunds are to be addressed to Masumi Headwear, 5 River Road, Suite 320, Wilton, Connecticut 06897
VIII. LIMITATION OF LIABILITY
1. The Seller shall not be liable for any all loss or damage suffered by the Buyer in excess of the contract price.
2. Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of the Seller for death or personal injury as a result of the Seller’s negligence or that of its employees or agents.
IX. INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Seller, and the Buyer shall do all that is reasonably necessary to ensure that such rights vest in the Seller by the execution of appropriate instruments or the making of agreements with third parties.
X. FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lockouts, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may,
without liability on its part, terminate the contract.
XI. RELATIONSHIP OF PARTIES
Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing
in these Terms and Conditions shall be deemed to construe either of the parties as to the agent of the other.
XII. ASSIGNMENT AND SUB-CONTRACTING
The contract between the Buyer and Seller for the sale of Goods shall not be assigned or transferred, nor the performance of any obligation sub-contracted,
in either case by the Buyer, without the prior written consent of the Seller.
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions
herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
XIV. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of United States of America and the parties hereby submit to the exclusive jurisdiction of the English courts.
Effective date November 2016
This website is owned and operated by Avakino Limited, registered in England and Wales under registration number 09855157.
Our VAT number is: 251 3223 47
Our registered office and our principal place of business is at:
5 Balholm court
640 Wilmslow road
5 River Road
Wilton, Connecticut 06897