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INTRODUCTION – TERMS AND CONDITIONS
1. Welcome to our web site (“www.ackwork.com”, the “Website”). These General Terms and Conditions (the “Terms & Conditions”) govern the access to and the use of the Website, and regulate the offer, transmission and acceptance of purchase orders relating to products between the users of the Website and ACK S.r.l. 2. Please read these Terms & Conditions carefully. By accessing and using the Website as well as by purchasing the products on the Website, you agree to be bound by all the Terms & Conditions. If you are not in agreeance with these Terms of Service and/or do not agree to all or part of these Terms & Conditions, we invite you not to use our Website. This Website is managed and maintained by ACK S.r.l. (“ACK” “ACK mare”, “we”, or “us”) with registered office in Via S.Ambrogio 87, 55049 – Viareggio, Lucca (Italy), tax code and VAT number 02368080467. 3. Access to this Website is permitted on a temporary basis and ACK is at liberty to amend or simply update all or any part of these Terms & Conditions without formal notice. In the case that an amendment or update of the Terms & Conditions is communicated, the amendment will be published in this section of text and may or may not be posted for our users on the Home Page of the Website. Such eventual amendments or updates made shall be binding as soon as you access the Website after they are amended. If you do not agree to all or part of the Terms & Conditions as amended or updated, once again, please do not use our Website.
4. From time to time, access to some parts or all of the website maybe be restricted. This Website accepts no responsibility for 3rd party website to which it may link to. 6. This website is to be used for the sole purpose of reviewing and shopping for personal use of products sold on this site (“www.ackwork.com”).
ONLINE STORE – USER CONDUCT
1.The access to and use of the Website, including display of web pages, communication with provider, downloading product information and making purchases on the Website, are carried out by our users exclusively for personal purposes such as reviewing and shopping, which should in no way be connected to any trade, business or professional activity. 2. Remember that you will be liable for your use of the Website and its contents and should not use the website in anyway that causes, or is likely to cause, the website or access to the website to be interrupted, damaged or impaired in anyway. ACK shall not be considered liable for any use of the Website and its contents made by its users that is not compliant with the laws and regulations in force, without prejudice to provider’s liability for intentional torts and gross negligence. ACK reserves the right to refuse service to any individual who is not compliant with these Terms of Conditions and Services. 3. As a user of this website (“www.ackwork.com”) you will be liable for communicating information or data which is not correct, false or concerning third parties (in the event such third parties have not given their consent) as well as for any improper use of such data or information. 4. In order to underline which activities will not be tolerated, the use of this website does not permit the following activities : Fraudulent purposes of any kind, and/or in connection with a criminal offence or any other unlawful activities. The sending, use or reuse of any material that is illegal and/or in breach of copyright, trademark, privacy of ACK. Any form of spamming, mass mailing or software viruses to other users of this Website. 5. We will not be liable for any loss or damage caused by viruses or other technologically harmful material that we are not aware of and that may affect your computer programs and/or equipment.
1. All content included on this Website, such as works, images, pictures, dialogues, music, audio clips, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, button icons, colours, schemes, tools, fonts, product designs, diagrams, layouts, methods, processes, digital downloads, data compilations, functions and software (collectively, “Content”), is the property of ACK and is protected by national and international copyright and other intellectual property laws. The compilation of all content and all software used on this website is exclusive property of ACK . You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, the Content without the prior express written consent of ACK as the case may be. 2. ACK shall have the exclusive right to authorize or prohibit in its sole discretion any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, in whole or in part, the Content. ACK shall have the right, at any time, to claim the authorship of any Content posted on this Website and/or to object to any use, distortion or other modification of such Content. 3. You may not systematically extract and/or re-utilize parts of the contents website nor utilize any data mining, robots, or similar data gathering and extraction methods, without proper written consent of ACK Any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, the Content expressly authorized in writing by ACK shall be carried out by you for lawful purposes only and in compliance with all applicable laws. 4. You may not create and/or publish your own database that features substantial parts (e.g. our prices and product listings) of this website without the limited and written consent of ACK.
DISCLAIMER ON CONTENT AND LIMITATION OF LIABILITY
1. ACK S.r.l has adopted measures to ensure that the Content of the Website is accurate and does not contain any incorrect or out-of-date information. ACK cannot be held liable for the accuracy and completeness of the Content, except for its liability for tort and gross negligence and as otherwise provided for by the law. 2. Moreover, ACK cannot guarantee that the Website will operate continuously, without any interruptions and errors due to the connection to the Internet. We will not be liable for any failure, any suspension or any termination of access to the Website arising out of any event beyond our reasonable control. 3. The products displayed on the Website may not exactly correspond to the real items in terms of image, dimensions and colour depending on your Internet browser and/or your monitor quality. 4. Except for cases of gross negligence and fraud, in no event will ACK and/or its affiliates be liable to the buyer for lost profit or any damages of any nature arising out or related to these Terms & Conditions and/or in connection with third party claims raised against the purchaser of products from this Website. 5. The total amount of ACK’s liability in respect of the purchase of products under these Terms & Conditions is limited to the amount paid by the buyer for the purchase of the products. 6. Liability based on statutory provisions protecting consumers shall remain unaffected.
1. To place an order you shall select the products you desire to purchase on the Website, select a size, and add the items to your cart by clicking on “Add to Cart”. Once you are ready to checkout, click on “Cart”, which will display all of the Products you have selected to purchase. It is your responsibility to check that the items in your cart are the correct style, colour and size before proceeding. Once you are ready to proceed with your order, click on “Checkout”. The “Checkout Method” page will be shown: you can then finalize the purchase. After choosing your preferred checkout method, follow the instructions and fill in the information requested. At the end of the procedure, you will be redirected to the Paypal website to proceed with the payment. You will then receive an e-mail confirming that the order has been correctly placed (“Order Confirmation E-mail”). 2. Once the order has been placed, please note that the shipment address used for the order cannot be changed. If you want to change it, the original order has to be canceled and you need to place a new one. 3. All orders are subject to acceptance and availability. Please be aware that the products in your cart are not reserved and can therefore be purchased by other users until you complete the whole checkout process and receive the Order Confirmation E-mail. In any event, your offer shall be deemed as accepted and the relevant contract of sale is effective only from the moment when you receive a second e-mail expressly informing you about the acceptance by ACK S.r.l of your order, the dispatch time, the essential characteristics of the purchased products, and including a detailed breakdown of the price paid for each product, and delivery costs and details (“Shipping Confirmation E-mail”). 4. ACK reserves the right not to accept your order at its own discretion. In such case, ACK will inform you by email of the cancellation of the order. 5. By submitting an order, you unconditionally accept and agree to comply with these Terms & Conditions as well as with the other policies contained in the Website. 6. If you want to cancel an order already placed you must do it within 24 hours of placing the order by writing to ACK customer care. 7. If some shipping details are missing in your order (e.g incorrect address, phone number, or further information needed for the shipment) and you do not provide the missing information within 24 hours from when the order was placed, your order will be automatically cancelled. You will be able to place it again on our Website with the correct information. 8. Orders are processed and shipped from Monday to Friday (9AM-6PM).
PRICES AND PAYMENT
1. The prices indicated on each product page may not be inclusive of all applicable taxes, depending on the Country of destination. Prices are subject to change and ACK reserves the right to modify prices as they see fit. However, such changes will not impact the price, or the description of the products for which you have already submitted an order accepted by ACK. 2. Although we have taken all reasonable care to make sure that prices contained in the Website are accurate at the time of publication, a small number of products in our Website may be mispriced. Prices are confirmed when you will receive your order receipt email outlining the different charges (including shipment costs and applicable taxes depending on the Country of destination). 3. We take reasonable care to make our Website secure. All payments on our Website are processed through Paypal, a secure online payment gateway that encrypts your card details in a secure host environment.
1. We aim to deliver within 7 (seven) working days from the date when the order is placed. Any delay in shipment due to either carrier issues and/or exceptional or particular conditions related to the specific Country of destination is not under our responsibility. Some delay may occur during national Holidays. In the event of strikes, difficulties or other events due to general or local extraordinary conditions, which would influence the delivery of the products, we shall be authorised to postpone deliveries or to cancel them. 2. Shipping costs are in EURO and we ship worldwide. Shipments in Italy cost 5 EUR and take 2/3 working days. Shipments inside European Community cost 20 EUR and take about 2/3 working days since the date of the shipment; shipments to the rest of the world also cost 20 EUR and take about 4/5 working days since the date of the shipment. You may be required to sign for delivery. Before signing you must inspect the package for any obvious tampering. If you receive an empty package but you sign the delivery receipt and do not immediately report the fact to the carrier, we are not responsible for any refunding or substitution. You have to keep the receipt of the delivered product in case of future needs with us about it.
1.We want you to be fully satisfied with your purchase from us. If you need to return an item, please note that all items purchased online must be returned in the condition they were received. This means clean and unworn, in the original packaging with all original tags. If these conditions are met and the item returned is in perfect resellable condition, you can return the regular priced merchandise within 10 business days from the day you receive the goods for a refund. 2. Please note that we do not offer store credit, nor do we accept exchanges in merchandise for any reason (e.g product was not as expected, size error, etc). In the case that you are unsatisfied with your product but would like to exchange it for another; if the return conditions are met, we will refund your money and you will have the option to re-purchase on our website (sizes, colors, products based on availability). 3. Refunds may take up to 30 business days to process from the day that we receive the returned items. Please note that we do not refund shipping charges nor do we accept responsibility for any items lost during the return shipping. 4. The cost of the return postage is the customers responsibility and ACK kindly asks that all returned items are shipped with a tracking number. This is to ensure that the returned goods arrive safely and the customer is eligible for a full refund. 5. We ask that you complete the return shipping form stating the reason for the return and forward it via email at firstname.lastname@example.org. Forms left incomplete or returns that do not comply with the above conditions run the risk of not receiving a refund.
Please send all returns along with a copy of our filled return form at:
Attn: Returns & Exchanges
Via S. Ambrogio 87
55049 Viareggio, Lucca
GOVERNING LAW AND JURISDICTION
1. These Terms & Conditions and the other policies of the Website shall be governed by and interpreted in accordance with the laws of Italy. 2. All disputes arising in connection with these Terms & Conditions shall be subject to the non-exclusive jurisdiction of the court of Milan, without affecting any consumer’s right to start a claim before the courts of the place of residence.
1.If any provision of these Terms & Conditions shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms & Conditions, which shall remain in full force and effect.