ACCEPTANCE THE USE OF ENKO TERMS AND CONDITIONS
Your access to and use of enKo Products is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
USE OF THE WEBSITE
By accessing the website, you warrant and represent to the website owner that you are legally entitled to do so and to make use of information made available via the website. Trademarks—The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of the website owner. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of the website owner.
The website owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website.
CHANGE OF USE
enKo Products reserves the right to:
- Change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that enKo Products shall not be liable to you for any such change or removal and.
- Change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
All copyrights, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to enKo Products or otherwise used by enKo Products as permitted by law.
In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
LINKS TO AND FROM OTHER WEBSITES
Throughout this Web site, you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link to this Website, you do so at your own risk.
Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:
- You do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing.
- You do not misrepresent your relationship with this website.
- The website from which you link to this Website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.
By linking to this Website in breach of our terms, you shall indemnify us for any loss or damage suffered to this Website as a result of such linking.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with enkoproducts.com you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. enkoproducts.com retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be enkoproducts.com or may in some cases be a third party. Where a contract is made with a third party enkoproducts.com is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been despatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
DISCLAIMERS AND LIMITATION OF LIABILITY
The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind, whether express or implied, including but not limited to, the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
To the extent permitted by law, enKo Products will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
enKo Products makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of enKo Products for death or personal injury as a result of the negligence of enKo Products or that of its employees or agents.
You agree to indemnify and hold enKo Products and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against enKo Products arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Web site.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
Use of this website shall in all respects be governed by the laws of the state of [insert your state], U.S., regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that the [insert state] courts located in United States of America, [insert state], shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts.
If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.
OUR CONTACT DETAILS
For any further information, please email enKo Product Team at firstname.lastname@example.org.