Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to ACKO. The terms “we”, “us” and “our” refer to ACKO. ACKO operates this store and website, including all related information, content, features, tools, products and services, in order to provide you with a curated shopping experience (the “Services”).

ACKO is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced within them, describe your rights and responsibilities when you use our Services.

Please read these Terms carefully. By visiting, interacting with or using our Services, you agree to these Terms of Service and our Privacy Policy.

Nothing in these Terms affects any rights you have under applicable consumer law.

SECTION 1 – ACCESS AND ACCOUNT

By using our Services, you confirm that you are legally capable of entering into a contract or that you are using the Services with the permission of a parent or guardian where required by law.

To use certain parts of the Services, including purchasing products, you may be asked to provide information such as your email address, billing information, payment information and delivery address.

You agree that the information you provide is accurate, current and complete.

You are responsible for maintaining the security of your account credentials and for activity carried out through your account. You may not transfer, sell, assign or license your account to another person.

SECTION 2 – OUR PRODUCTS

We make reasonable efforts to display and describe our products accurately.

However, colours and appearance may vary slightly depending on the screen, device and settings you use.

Product descriptions, availability and quantities may change without notice.

We may discontinue products or limit quantities where reasonably necessary.

Nothing in these Terms excludes your statutory rights. Products supplied to consumers must meet the requirements imposed by applicable UK consumer law, including requirements relating to description, satisfactory quality and fitness for purpose.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase products from ACKO.

Your order is not accepted until we confirm acceptance. Payment must be successfully authorised and processed before an order can be completed.

We reserve the right to refuse or cancel an order where reasonably necessary, including where:

  • a product is unavailable;
  • pricing or product information contains an obvious error;
  • payment cannot be authorised;
  • we reasonably suspect fraud or misuse; or
  • we are legally unable to fulfil the order.

If we cancel an order after payment has been taken, we will refund the amount paid.

Please review your order carefully before submitting it.

Returns, cancellations and refunds are governed by our published Return and Refund Policy and by your statutory consumer rights.

Products purchased from ACKO are intended for personal or household use unless otherwise agreed.

SECTION 4 – PRICES AND BILLING

Prices, promotions and discounts may change from time to time.

The price charged will be the price shown when you place your order, subject to correction of obvious errors.

Any applicable delivery charges will be displayed before you complete checkout.

You agree to provide accurate and current purchase, payment and account information.

You confirm that you are authorised to use the payment method provided.

SECTION 5 – SHIPPING AND DELIVERY

Delivery timeframes displayed on our website are estimates unless expressly stated otherwise.

We are not responsible for delays caused by circumstances outside our reasonable control, including carrier disruption, severe weather, customs delays or other external events.

We will fulfil our obligations regarding delivery and risk in accordance with applicable consumer law.

Please see our Shipping Policy for further details.

SECTION 6 – INTELLECTUAL PROPERTY

The content made available through our Services, including ACKO branding, text, graphics, images, layouts, videos and other materials, may be owned by ACKO, Shopify, brand owners, licensors or other third parties and may be protected by applicable copyright, trademark and other intellectual-property laws.

You may use the Services for personal and non-commercial purposes.

You must not reproduce, distribute, modify, republish, download, store or transmit protected material from the Services without permission from the relevant rights holder, except where permitted by law.

Nothing in these Terms grants you ownership of, or a licence to use, ACKO's intellectual property or the intellectual property of Shopify, the brands we stock, or any other third party except where expressly stated.

All third-party trademarks and brand names remain the property of their respective owners.

SECTION 7 – OPTIONAL TOOLS

We may provide access to tools operated by third parties.

We do not necessarily control or monitor those tools.

Your use of third-party tools may also be subject to the terms and policies of the relevant provider.

To the extent permitted by law, we are not responsible for losses arising solely from your use of third-party tools that we do not control.

SECTION 8 – THIRD-PARTY LINKS

Our Services may contain links to websites or services operated by third parties.

We are not responsible for the content, accuracy, availability or practices of third-party websites that we do not control.

If you leave our Services to access a third-party website, you do so subject to that third party's terms and policies.

Any concerns about third-party products or services should normally be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

ACKO is powered by Shopify, which enables us to provide the Services to you.

However, purchases made through our store are transactions directly between you and ACKO.

Shopify is not the seller of the products you purchase from ACKO and is not responsible for fulfilling your order.

Nothing in this section excludes any rights or remedies that cannot lawfully be excluded.

SECTION 10 – PRIVACY POLICY

Personal information collected through the Services is handled in accordance with our published Privacy Policy.

Because our store is hosted by Shopify, Shopify also processes certain personal information in order to provide and improve its services.

Information may also be processed by service providers involved in areas such as payments, fulfilment, analytics and website operation.

Please review our Privacy Policy for information about how personal information is collected, used and shared.

SECTION 11 – FEEDBACK

If you submit reviews, comments, suggestions, photographs or other content to us (“Feedback”), you confirm that you have the right to provide that material.

Where you voluntarily provide Feedback for publication or promotional purposes, you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce and display that Feedback in connection with operating, improving and promoting ACKO.

You must not submit Feedback that:

  • infringes another person's rights;
  • contains unlawful, defamatory, abusive or obscene material;
  • contains malware or harmful code;
  • impersonates another person; or
  • deliberately provides false or misleading information.

We may remove Feedback where reasonably necessary.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on our Services may contain errors or omissions relating to product descriptions, pricing, promotions, delivery charges, availability or other information.

We may correct genuine errors and update inaccurate information.

Where an error affects an order you have already placed, we will act in accordance with applicable consumer law and contact you where appropriate.

SECTION 13 – PROHIBITED USES

You may use our Services only for lawful purposes.

You must not use the Services to:

  • break applicable law;
  • infringe intellectual-property rights;
  • harass, threaten or harm others;
  • submit false or misleading information;
  • distribute spam, malware or harmful code;
  • impersonate another person or organisation;
  • interfere with the security or proper operation of the Services; or
  • obtain unauthorised access to information, accounts or systems.

You must not use automated tools to access or scrape the Services where doing so violates applicable law, our reasonable technical restrictions or the rights of others.

We may suspend or restrict access where we reasonably believe these Terms have been materially breached.

SECTION 14 – AUTOMATED AGENTS

Where automated or semi-automated software interacts with our Services, it must not misrepresent itself as a human user or circumvent reasonable security, access-control or anti-abuse measures.

We may limit or restrict automated access where reasonably necessary to protect our Services, customers or systems.

SECTION 15 – TERMINATION

We may suspend or terminate access to the Services where reasonably necessary, including where these Terms have been materially breached, the Services are misused, or we are required to do so by law.

Any provisions which by their nature should continue after termination will remain in effect.

SECTION 16 – DISCLAIMER OF WARRANTIES

We take reasonable care to keep the Services available and accurate, but we do not guarantee that the website will always be uninterrupted, completely error-free or available at all times.

Nothing in these Terms excludes or restricts warranties, guarantees or rights that cannot lawfully be excluded or restricted under applicable consumer law.

SECTION 17 – LIMITATION OF LIABILITY

Nothing in these Terms limits or excludes liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any statutory consumer rights that cannot legally be excluded.

Subject to the above, we are not responsible for losses that were not reasonably foreseeable when the contract was formed or that arise from circumstances outside our reasonable control.

If you are using the Services as a consumer, these Terms do not affect your statutory rights.

SECTION 18 – INDEMNIFICATION

Where permitted by law, you may be responsible for losses reasonably incurred by us as a direct result of your unlawful use of the Services or a serious breach of these Terms.

Nothing in this section imposes liability on a consumer beyond what is permitted by applicable law.

SECTION 19 – SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be treated as modified or removed only to the extent necessary.

The remaining provisions will continue in effect.

SECTION 20 – WAIVER AND ENTIRE AGREEMENT

If we do not immediately enforce a right under these Terms, that does not mean we have waived that right.

These Terms, together with our published policies and any information forming part of your order, constitute the agreement between you and ACKO regarding your use of the Services and purchases from us.

Nothing in this section excludes information or rights which applicable law requires to form part of the contract.

SECTION 21 – ASSIGNMENT

You may not transfer your rights or obligations under these Terms where doing so would materially affect our rights without our consent.

We may transfer our rights or obligations where permitted by law, provided doing so does not reduce your statutory consumer rights.

SECTION 22 – GOVERNING LAW

These Terms are governed by the laws of England and Wales, subject to any mandatory consumer protections that apply to you.

If you are a consumer resident elsewhere in the United Kingdom, you may also have the right to bring proceedings in the courts of the part of the United Kingdom in which you live.

Nothing in these Terms removes any mandatory jurisdictional rights available to consumers under applicable law.

SECTION 23 – HEADINGS

Headings are included for convenience only and do not affect the interpretation of these Terms.

SECTION 24 – CHANGES TO THESE TERMS

You can review the current version of these Terms at any time on our website.

We may update these Terms from time to time.

Where required by law, we will provide appropriate notice of material changes.

Changes will not retrospectively remove rights you already have in relation to an order placed before those changes took effect.

SECTION 25 – CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

ACKO
Email: contact@ackoclothing.com