Terms of service
1. INTRODUCTION
1.1 AKT LONDON LTD, incorporated and registered in England and Wales with company number 11211232 whose registered office is at Prospect House, 50 Leigh Road, Eastleigh, SO50 9DT ("AKT”, “we”, “us” and “our”). Aktlondon.com (hereinafter the “Website") is the property and is operated by AKT.
1.2 The purpose of these terms and conditions (the “Terms”) is to set out the terms that apply to you, an individual consumer (“Customer”, “your” and “you”), when using the Website and placing orders with us for the Products on a one-off basis or part of a subscription package (“Order”).
1.3 These Terms are only applicable to you if you are an individual consumer. If you are a business purchasing the Products please view our Business Terms and Conditions of Sale.
1.4 These Terms are subject to modification and updates accordingly. The Terms applicable to Orders by Customers are those applicable on the date of the Order on the Website. By visiting our Website and/or making an Order, you agree to be bound by the terms and conditions herein.
1.5 Please read these Terms carefully before purchasing from our Website.
2. THE CUSTOMER
2.1 To be a Customer you must be a consumer, of legal age and with full legal capacity (or to be authorised by your parents) to order on the Website.
2.2 When becoming a Customer, you will be asked to provide certain information in order to create an account. The personal information you give to AKT when opening your customer account, or upon any Order placing, must be complete, accurate and up to date. AKT is not responsible for undelivered products should the data prove incorrect. AKT reserves the right to cancel any Order should the IP address of the Customer be located in a country different from the billing and/or delivery address.
3. BASIS OF CONTRACT
3.1 The Order constitutes an offer by the Customer to purchase the Products in accordance with these Terms. The Customer is responsible for ensuring that the terms of the Order are complete and accurate.
3.2 The Order shall only be deemed to be accepted when AKT issues a written acceptance of the Order, at which point a contract shall come into existence (a “Contract”).
4. THE PRODUCTS
4.1 The products offered for sale are those featured on the Website (the “Products”).
4.2 AKT makes every effort to accurately present and describe the Products. It is, however, possible that the Website may contain minor errors, which you recognise and accept. In the event that the Products delivered are not as described on the Website, AKT agrees to remedy such issue by either exchanging the Product(s) or refunding you (totally or partly as appropriate) the amount paid for the Products.
5. PLACING AN ORDER
5.1 Any Order(s) shall be placed via the Website and in accordance with these Terms. You will need to provide us with certain information before you can complete your Order and will have the opportunity before confirming your Order, to verify the order details and the total price to be paid.
5.2 Once you have confirmed your Order and made payment via the Website, AKT will promptly confirm receipt by sending you an e-mail to the address provided to us by you.
5.3 The confirmation e-mail will include the information provided by you, as well as Products you have purchased and the price you have paid for the Products and any additional costs (such as shipping fees).
5.4 AKT reserves the right to refuse an Order or not to process an Order when such Order is made by a Customer with whom a dispute exists in connection with a previous Order or where a Customer has failed to comply with these Terms. In such cases, AKT will inform the Customer by email that their Order has been refused or will not be processed. Should the Customer rectify the dispute or their non-compliance, AKT may in their sole and absolute discretion, subsequently accept or process the Order.
6. PRICE AND PAYMENT
IMPORTANT: For all Orders shipped outside the UK, the Customer will be responsible for any import duties or taxes charged by customs and any carrier-related fees. Any additional charges will be collected from the Customer by the shipping carrier chosen at the time of delivery.
6.1 The price of the Products displayed on the Website are in Pound Sterling (shipping excluded). The total price of the Order (shipping fees included) is provided prior to the Order being made.
6.2 AKT reserves the right to modify its prices for Products and shipping on the Website at any time.
6.3 The Customer must make payment on the Website to complete the Order.
6.4 To pay for your Order, you may use a credit card, Paypal or any other payment portal we accept on our Website from time to time. For credit card payments: the Customer has access to a dedicated space made available by our bank, TIDE, which ensures the security and recording of the payment order. By using this payment method, the Customer expressly authorises AKT to debit its account accordingly to the amount of the Order. Data registered and saved by AKT act as proof of Order and of all transactions done. Data registered by the payment system act as a proof of the financial transactions.
6.5 For payment via Paypal or any other payment portal, please follow the instructions online. After the payment page, you will be redirected back to the Website where you need to click on PROCEED TO PAYMENT in order to confirm the Order. A complete Order review page will appear confirming your Order.
6.6 The Customer shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law).
7. DELIVERY
7.1 AKT will arrange delivery to the address you provide when you make an Order, which must be your place of residence or place of work at which you are authorised to received deliveries. Deliveries will not be made to hotels or PO boxes. Any dates quoted for delivery are approximate only, and time of delivery is not of the essence.
7.2 In territories outside of the United Kingdom, you acknowledge and agree that delivery may be delayed due to customs formalities and/or duties and/or when customs fees have not been paid by you. You agree to be solely responsible for making any customs payments in a timely manner.
7.3 To ensure predicted delivery times can be met, you should check that you have provided complete and accurate information concerning the delivery address (such as road number, building number, staircase number, access codes, names and/or interphone numbers, etc.). Inaccurate information may result in longer delivery times or re-shipments.
7.4 Predicted delivery times are indicative of the average time to process an Order and to deliver it. AKT will not be held responsible for delayed delivery due to external causes.
7.5 In the event the Products are damaged on delivery (e.g. already opened and/or missing Products), the Customer must notify the transport service and AKT (by emailing customer@aktlondon.com) of the issues and their rejection of the Products within five (5) days following the delivery. The Customer must then if instructed to do so by AKT, return the Products within fourteen (14) days. AKT will pay the costs of returning the Product(s) using its own delivery service.
7.6 If your Product(s) is/are damaged and you do not notify us that you reject the items, or you do not return the damaged goods within the time frame, you will not be legible for a refund or re-delivery.
7.7 PLEASE NOTE "damaged delivery" does not include damage to outer packaging (delivery box or tube box) caused by the postal service. Nor does it include natural oxidation to The Applicator.
8. RETURNS & REFUNDS
8.1 AKT is committed to providing Products of the highest quality. If you are not satisfied with your order (other than where Products are returned pursuant to clause 7.5, or where the wrong products have been sent by AKT in which case the provisions of clauses 7.5 and 7.6 apply), we offer an exchange or refund of the Products in accordance with these Terms.
8.2 Returns will be accepted within fourteen (14) days after the date you receive your Order.
8.3 For each return, please send an email to: customer@aktlondon.com stating the reason for the return. Our customer service team will then provide you with all necessary instructions including the return address as well as a return authorization number that needs to be stated on the return package. The costs of returning the products will be the responsibility of the customer, if outside the UK. We currently only offer free returns to our UK customers.
8.4 The Products must still be in their original packaging and in their original condition (i.e. not used, scratched, damaged or opened). If Products are returned and are not in their original condition, AKT will not provide a refund for the Products. Should the Customer then wish for the Products to be returned back to them, the Customer will be required to pay the re-delivery costs.
8.5 For returns with a request for a refund, subject to the Customer’s compliance with these Terms, the refund will be processed within five (5) working days from the date the returned Products are received by AKT. The Customer will receive a full refund for the Products returned and the outward delivery costs, conforming with UK Law. The Customer shall not receive a refund for the cost of returning the Products.
9. LIMITATION OF LIABILITY
WARNING TO CUSTOMERS: you are strongly advised to read this clause.
9.1 Nothing in these Terms shall limit or exclude AKT’s liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) defective products under the Consumer Protection Act 1987;
(d) any matter in respect of which it would be unlawful for AKT to exclude or restrict liability.
9.2 Subject to this clause:
(a) AKT shall under no circumstances whatsoever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
(b) AKT’s total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
10. COPYRIGHT AND TRADEMARKS
10.1 All content included on the Website, including images, illustrations, designs, icons, photographs, video clips, text, reviews, and other materials (collectively, the “Content”) is the property of AKT or its licensors, partners or affiliates and is protected by UK and international copyright laws.
10.2 Unauthorized use of any Content or materials on the Website is strictly prohibited and may violate copyright and trademark laws. If you wish to use any Content, you need the express written permission of AKT. To inquire about obtaining authorization to use the materials or content on the Website, please contact us at info@aktlondon.com
10.3 All trademarks, service marks, and trade names (collectively the “Marks”) that appear on the Website are proprietary to AKT, or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without the prior written consent of AKT, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Website.
11. LICENSE AND ACCESS
11.1 You have a limited license to use the Website for personal use only.
11.2 This license does not permit you to (a) resell or make any commercial use of this Website; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this Website not intended to be so read (this includes using or directly viewing the underlying HTML or other code from this Website except as interpreted and displayed in a web browser); (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of Content or Marks in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Website or to collect any information from the Website or any other user of the Website.
12. DISCOUNT CODES
12.1 From time to time, we may offer Customers discount codes, promotional codes, promo codes, or offer codes through a variety of promotional activities and communications (collectively referred to herein as “offer codes”) that are redeemable towards a purchase on the Website, subject to certain exclusions or any other restrictions as may be determined and communicated by us.
12.2 Only valid offer codes provided or promoted by AKT will be honoured at checkout. Offer codes supplied or promoted by third-parties unauthorised by us (including any unauthorised third party websites) will not be considered valid.
12.3 Each offer code provided by us is non-transferable and valid for single use. Offer codes may not be combined and Customers are limited to the use of a single offer code per Order. For online purchases, the offer code must be entered in the ‘gift card or discount code’ field prior to payment at the checkout.
12.4 Missed offer codes cannot be applied retrospectively once the Order has been placed. We are not responsible for lost, stolen or corrupted codes or any unauthorised use of offer codes. Offer codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. Some discount codes are not valid on subscriptions, gift sets (e.g. The Starter Set, The Principals) or gift card purchases, please check the terms and conditions provided.
12.5 The value of any offer code will not be refunded or credited back if any or all of the Products are returned. Expiry dates may apply to each offer code. Offer codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. Requests not complying with all offer code requirements will not be honoured. From time to time, we may also engage spokespeople, influencers, bloggers, or other individuals or entities who have been compensated or incentivised to speak on behalf of the brand. When you receive an offer code via a third-party source, such as a television or radio show host, please note that such individuals may have been compensated by us for their statements.
12. 6 PLEASE NOTE: Additional discount codes on already discounted subscription products will only last for the first (or next) Order. Subsequent subscription charges will automatically return to the original price.
13. MARKETING
13.1 By consenting to AKT’s SMS marketing when making an Order or subscribing via our subscription tools, you agree to receive recurring text notifications (for an Order and abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
13.2 If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
13.3 For any questions, please text HELP to the number you received the messages from. You can also contact us at https://www.aktlondon.com/pages/customer-care for more information.
13.4 We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honouring requests made in such messages.
13.5 To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or service.
13.6 Your right to privacy is important to us. You can see our privacy policy at https://www.aktlondon.com/policies/privacy-policy to determine how we collect and use your personal information.
14. COMPETITIONS
14.1 From time to time AKT may offer competitions to win Products. Details any such competition and how to enter the competition can be found on the Website from time to time. The prize is as stated on the Website and no cash or other alternatives will be offered. The prizes are not transferable. Prizes are subject to availability, and we reserve the right to substitute any prize with another of equivalent value without giving notice.
14.2 There is no entry fee, and no purchase is necessary to enter a competition (unless specified otherwise).
14.3 By entering a competition, an entrant is indicating his/her agreement to be bound by these Terms.
14.4 When entering AKT competitions, you will sometimes be given the option to opt-in to receive marketing communications from the third party brands. This does not affect your entry into the competition and is completely optional. If you do opt-in to receive such information, your contact details will be passed to the brands for this purpose.
14.5 The rules of a competition and how to enter are as follows:
(a) Competitions are open to residents of the United Kingdom aged 18 years or over (except employees of AKT London (and their close relatives), anyone otherwise connected with the organisation, or anyone involved in judging the competition).
(b) Only one email entry will be accepted per person. Multiple entries from the same person will be disqualified.
(c) Closing date for entry will be stated on the competition page. After this date, no further entries to the competition will be permitted.
(d) No responsibility can be accepted for entries not received for whatever reason.
(e) AKT reserves the right to cancel or amend the competition and these Terms without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of AKT’s control. Any changes to the competition will be notified to entrants as soon as possible by AKT.
(f) AKT is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.
(g) Winners will be chosen at random by software, from all entries received and verified by AKT and or its agents.
(h) The winner will be notified by email and/or direct message on Instagram/Facebook. If the winner cannot be contacted or does not claim the prize within fourteen (14) days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.
(i) AKT will notify the winner when and where the prize can be collected/will be delivered.
(j) AKT’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.
(k) The winner agrees that AKT may use their name and image in any publicity material, as well as their entry. Any personal data relating to the winner, or any other entrants will be used solely in accordance with current UK data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.
14.6 Competitions are in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or any other social network.
15. OTHER IMPORTANT TERMS
15.1 In case of problem or complaint, the Customer may address to the customer service department to resolve the issue.
15.2 These Terms are agreed between you and the Company. No other person shall have any rights under or connection with these Terms under the Contracts (Rights of Third Parties) Act 1999.
15.3 If any court or competent authority decides that any term of these Terms is held to be invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.
15.4 Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.
15.5 Any failure by the Company to enforce any provision of these Terms shall not constitute a waiver of that or any other provision and will not relieve You from the obligation to comply with such provision.
15.6 These Terms set forth the entire understanding and agreement between you and the Company with respect to the subject matter hereof.
15.7 These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England.
15.8 You irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms agreement or their subject matter or formation (including non-contractual disputes or claims).
SUBSCRIPTION SPECIFIC TERMS
16. REGISTERING FOR A SUBSCRIPTION
16.1 AKT may from time to time offer subscriptions for Products as described on the Website (“Subscriptions”).
16.2 Subscriptions are only available in the United Kingdom.
16.3 When you register for a Subscription, you expressly acknowledge and agree that your Subscription is continuous until you cancel it or we terminate it or we stop providing access to the Websites or Products in accordance with these Terms.
16.4 You may skip any shipment or cancel your Subscription at any time, subject to the terms set forth on our site and here in.
17. PAYMENT OF SUBSCRIPTION
17.1 When registering for a Subscription the cost and payment terms (“Subscription Fees”) and the billing date (“Billing Date”) will be displayed on the Website.
17.2 The Customer shall on registering for a Subscription provide to AKT valid, up-to-date and complete credit card details or approved purchase order information acceptable to AKT and any other relevant valid, up-to-date and complete contact and billing details.
17.3 By providing its credit card details to AKT, the Customer hereby authorises AKT to bill such credit card on the Billing Date for the Subscription Fees payable until the Subscription is terminated (by any means) in accordance with clause 18.
17.4 AKT shall be entitled to increase the Subscription Fees upon thirty (30) days' prior notice to the Customer.
18. TERMINATION
18.1 In order to cancel your Subscription, you must do so at least five (5) days prior to your next Billing Date which is shown on the my account page. To cancel you must do so by logging into your account. If you don't have an account you must create one with the email used to purchase your Subscription. Any cancellation received with less than five (5) days until the next Billing Date will not be effective until the following billing period and you will be responsible for all charges (including any applicable taxes and other charges) incurred prior to the cancellation of your Subscription.
18.2 Without limiting its other rights or remedies, AKT may terminate the Subscription with immediate effect by giving written notice to the Customer if the Customer commits a material breach of any of these Terms and (if such a breach is remediable) fails to remedy that breach within seven (7) days of being notified in writing to do so.
18.3 Without limiting its other rights or remedies, AKT may terminate the Subscription with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under the Contract on the due date for payment.
19. DISCOUNTED TRIALS
19.1 From time to time, to the extent legally permitted, we may offer discounted trials of certain Subscriptions for specified periods of time without payment or with discounted payment. If we offer you a discounted or free trial, the specific terms of that trial will be provided in the marketing materials describing the particular trial or at registration.
19.2 Once your discounted or free trial ends, we (or our third-party payment processor) will begin billing your designated payment method on a recurring basis at the then applicable price for your Subscription (plus any applicable taxes and other charges) for as long as your Subscription continues, unless you cancel your Subscription prior to the end of your trial.
19.3 Instructions for cancelling your Subscription are as described above. Please note that you will not receive a notice from us that your discounted or free trial has ended or that the paid portion of your Subscription has begun.
19.4 We reserve the right to modify or terminate discounted and/or trials at any time, without notice and in our sole discretion.