Terms of Sale
SECTION 1 – AREA OF SERVICE
If you are unable to order from our Site, then your region is not yet within our area of service. Please use our Store Locator to find the Akoni brand retailer nearest you.
SECTION 2 – ORDER ACCEPTANCE, PAYMENT, AND TAXES
The product and price provided through the Site does not constitute a binding offer by Akoni, but rather an invitation to make an offer. Orders are not accepted, and no contract between you and Akoni for the purchase of products is formed, until you receive an order confirmation sent by Akoni to the email address provided by you to us at checkout. By submitting your order through the Site, you are agreeing to pay the full purchase price for the product selected by you, plus any and all applicable shipping and handling costs, taxes, duties, etc. Your credit or debit card will be charged in the appropriate amount at or subsequent to the time your order is submitted. Notwithstanding anything contained herein to the contrary, we expressly reserve the right, in our sole and exclusive discretion, to reject or cancel any order for any reason at any time.
SECTION 3 – DELIVERY
We will deliver product you purchase through the Site to a reputable common carrier in the United States, at which time title and all risk of damage/loss to the product shifts from Akoni (seller) to you (buyer).
SECTION 4 – CANCELLATIONS AND RETURNS
All cancellations and returns are governed by our Return Policy or as otherwise required by law. All risk of loss and damage to any returned product shall be borne by you until we receive it at our returns processing center.
SECTION 5 – LIMITED WARRANTY
You must bring all U.S. warranty claims within one (1) year of the date of purchase. Please see our Limited Warranty for further details.
SECTION 6 – GOVERNING LAW
These Terms of Sale and any separate agreements whereby we provide you Service shall be governed by and construed in accordance with the laws of the state of New York, without regard to any choice of law or conflict of law provisions or principles that would require or permit the application of the laws of any jurisdiction other than those of the state of New York.
SECTION 7 – WAIVER OF JURY TRIAL
akoni and YOU acknowledge that any CLAIM, CONTROVERSY, DISPUTE, OR LEGAL ACTION OF ANY KIND OR NATURE (COLLECTIVELY “DISPUTE”) that may arise under these terms of Sale OR RELATING THERETO, including, BUT NOT LIMITED TO, those additional terms and conditions and policies referenced herein and/or available by hyperlink through this Site (E.G., TERMS OF SERVICE) OR OTHERWISE AND IN ANY MANNER RELATING TO THE SITE OR SERVICE, is likely to involve complicated and difficult issues and, therefore, YOU AND AKONI irrevocably and unconditionally waive any right THAT EITHER YOU OR WE may have to a trial by jury WITH respect TO any SUCH DISPUTE.
SECTION 8 – BINDING ARBITRATION
Except as otherwise prohibited by law, any DISPUTE between you and us shall be exclusively settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Venue of the arbitration shall be New York City. Language of the arbitration shall be English and result in a written statement of the facts and legal reasoning supporting the decision of the arbitrator at the request of either party. The arbitration award shall be final and binding upon you and us and shall be the sole and exclusive remedy between you and us relating to the Dispute, including any claims, counterclaims, issues or accounting presented to the arbitrator. In the event that you or we institute arbitration against one another, then the prevailing party in the arbitration shall be entitled to receive, in addition to all other damages to which it may be entitled, the costs incurred by such party in conducting the arbitration, including reasonable attorneys' fees and expenses and court/arbitration costs. This entire provision is material to the Terms of SALE.
Any dispute arising out of or relating to the interpretation of or application of these arbitration provisions, including the scope, enforceability, revocability or validity hereof, shall also be subject to arbitration. YOUR OR OUR FAILURE to submit to arbitration as required herein will constitute a material breach of THE TERMS OF SALE. If judicial action is commenced in order to compel arbitration, and if arbitration is in fact compelled, the party that resisted arbitration will be required to pay to the other party all costs and expenses, including, without limitation, reasonable attorneys' fees and costs, that they incur in compelling arbitration.
Until the arbitrators’ award is issued, each respective side shall bear ITS own counsel and advisor fees, and the out-of-pocket costs of the arbitrator and the arbitration shall be shared equally by the parties to such arbitration; provided, however, that the arbitrator’s award shall reallocate those fees and costs in favor of the prevailing party. THIS Section 8 shall be binding on and inure to the benefit of the parties and their respective permitted successors and assigns.
SECTION 9 – CLASS ACTION WAIVER
Unless otherwise prohibited by law, you and Akoni expressly agree that: (i) each and the other may only bring disputes in their individual capacity, not with others or on behalf of any class of people, and (ii) neither YOU NOR WE shall participate in a class-wide arbitration, class action, representative claims, consolidated claims, or combine any claim that can be arbitrated with one that is for whatever reason not eligible for arbitration.
SECTION 10 – CHANGES TO THESE TERMS OF SALE
You can review the most current version of the Terms of Sale at any time at this page. We reserve the right, at our sole discretion and at any time, to update, change, or replace all or any part of these Terms of Sale by posting updates and changes to our Site. It is your responsibility to check our website periodically for changes. Notwithstanding anything contained herein to the contrary, your continued use of or access to our Site or the Service following the posting of any changes to these Terms of Sale constitutes acceptance of those changes.
SECTION 11 – SEVERABILITY
In the event that any provision of these Terms of Sale is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, the unenforceable portion shall be deemed to be severed from these Terms of Sale, and such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 12 – ENTIRE AGREEMENT
Our Terms of Sale, Terms of Service, and other policies available through this Site (whether provided through our checkout page, email order confirmation, or otherwise), constitute our entire agreement with you regarding the subject matter thereof, and supersede any and all previous communications, representations, understandings, and/or agreements between you and Akoni.
This Site is operated by Akoni Group Inc., headquartered in Miami, Florida. We can be reached by telephone at 1-305-434-4241 (Monday – Friday between the hours of 9:00 AM and 5:00 PM Eastern Time) and by email at firstname.lastname@example.org.
Last Updated July 24, 2023