TERMS AND CONDITIONS
These Terms and Conditions shall apply to all contracts entered into by Esin Akan Ltd t/a Esin Akan ("Esin Akan", "we" or "us") (company number: 8327827) whose registered office is at 65 Witham House, 13 Enterprise Way, SW18 1GB, London, United Kingdom. By placing your order with us you are accepting these Terms and Conditions. Where you do not accept these Terms and Conditions in full, you do not have permission to access the contents of this website and should cease using it immediately.
You may use our website only for lawful purposes. You agree that you will be personally responsible for your use of this website and for all of your communication and activity on and pursuant to this website. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the terms of use of this website, we may deny you access to this website on a temporary or permanent basis. We reserve the right to withdraw or amend the service we provide on our website without notice. We will not be liable if for any reason our website is unavailable at any time or for any period.
1. General
1.1. When we receive your order you will receive an automated e-mail reply acknowledging receipt. No contract shall come into existence until we have accepted your order. We will accept your order by way of a confirmatory e-mail (‘Confirmation of Order’) which will confirm that we are able to send you the goods you have ordered, the price and the estimated delivery date. Confirmation of Order shall contain all of the information regarding the goods you have ordered. You must immediately check the details contained in the Confirmation of Order and we advise you to print and keep a copy of it.
1.2. You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. Esin Akan shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account
1.3. All prices are displayed on our site in Pounds Sterling (£). Please note that all purchases will be charged in Pounds Sterling (£).
The prices exclude VAT (where applicable), which will be added to the total amount due as set out in our Delivery Policy.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices, as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and could have reasonably been recognized by you as a mis-pricing.
Payment for all Products must be by credit or debit card. We accept payment by Visa, Visa Debit, Visa Electron and MasterCard.
1.4. We have aimed to ensure that the colors of our products appearing on our website are as near as possible to the color of the product. However, the actual colors you see will depend on your computer equipment, and accordingly, we are unable to guarantee the precise color of the product on delivery.
1.5. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
1.6. All products are subject to availability. We will inform you as soon as reasonably possible in the event that the goods you have ordered are unavailable. In the event that the goods that you have ordered are unavailable a full refund will be offered upon request unless you would like to pre-order the item and wait for the delivery about 8 weeks.
1.7. Based on continuous customer feedback, we may make small changes on the design of the product such as logo execution, the zip length, and the quality of the lining. All these changes could take place in order to improve the design, durability and quality of our products. By ordering our products you accept to buy the products with such changes. In case, you do not like the changes when you receive the product, you could return the product within 14 days after receiving and we will offer a refund.
2. Delivery
2.1. We will aim to dispatch the goods ordered by you as soon as possible after your order has been accepted by us to the postal address you have given in your order. Our average shipping time for goods that are in stock is 2-3 working days. However, we cannot guarantee an exact delivery date and your goods may take longer to be dispatched if the goods you have ordered are not in stock at the time of placing your order or they are to be dispatched to an address outside of the UK.
2.2. Title of the goods shall pass to you at the time payment for the goods is received by us in full. Risk in any product ordered will pass to you upon dispatch of your order.
2.3. In case a product is not available in stock, you will be given the option to Pre-Orders the product. Our average production time to deliver the pre-ordered products is 4 weeks and this time may vary depending on the availability of the raw materials. However, please be aware that because of the “pre-sale” nature of such transactions, you should expect approximately 8-12 weeks between the estimated shipment date and the date the order is placed. If you pre-order Products, at the time you place your order, you will be required to pay hundred percent (100%) of the amount due. We will then inform you by email when your product is ready for dispatch from our warehouse in UK.
3. Returns Policy
3.1. If you cancel before the dispatch of any goods your money will be refunded and the goods will not be delivered.
3.2. We will offer a refund or exchange on a full-priced, unworn and undamaged item within 28 days of it being received by you. Refunds will be made to the credit or debit card used to purchase the item(s) in accordance with these terms and conditions. In case, you would like to return a sale item or item purchased with a discount code, we offer exchange or store credit.
3.3. Items purchased online can be returned via post, or for customers in the UK to Esin Akan Fulfilment Center within 28 days of receipt of purchase. The Esin Akan Team will process refunds within five business days.
3.4. Repairs will be accepted and undertaken free of charge for all faulty bags for up to 12 months. If your bag needs repairing due to wear and tear after 12 months, we will repair it free of charge.
3.5. Esin Akan Ltd is dedicated to offering the highest levels of quality and service. Please e-mail your return request to info@esinakan.com with the order number and reason for return.
3.6. All returned goods must be returned in "new" condition. All items being returned in accordance with this clause must be safely and securely packaged, accompanied by the original packaging to avoid damage in transit. We shall not accept an item for refund if it has been damaged in transit or otherwise.
3.7. We strongly recommend when returning items to us you use recorded or tracked delivery as we are unable to refund items which are lost in the post. All goods shall remain your responsibility until we receive them.
3.8. Free returns are available for all UK and US orders and, EU and ROW orders above £200 and above. To generate your free returns label, please visit the link below and follow the instructions: https://www.esinakan.com/pages/return-instructions
4. Links to Other Websites
We have placed links on this website to other websites we think you may want to visit. We do not vet these websites and do not have any control over their contents and therefore we cannot accept any liability in respect of the use of these websites.
5. Liability
5.1. Except for death or personal injury due to our negligence or that of our employees, we shall not in any circumstances be liable, whether in contract or tort, to you for any direct, indirect or consequential loss or damage arising from the sale or use of our goods including without limitation loss of profits, damage to property or loss of contracts. In all cases our entire liability, howsoever arising, shall be limited to damages, which shall not exceed the price paid for the goods in respect of which the claim has arisen.
5.2. We do not accept any responsibility for any amendments or changes we may make to the information contained in our website, and we reserve the right to alter these Terms and Conditions or the information contained in this website at any time. Any changes made to these Terms and Conditions shall be highlighted, and all purchases made from the date of the amendments shall be subject to the replacement Terms and Conditions. Should you continue to use the website once we have highlighted the changes, you shall be deemed to have accepted all of the amendments we have made.
5.3. You shall be responsible for reading and understanding these Terms and Conditions, and we do not accept responsibility for any loss or damage incurred by you or any third party as a result of your failure to do so.
5.4. We shall not be liable to any person for any loss or damage whatsoever which may arise from the use of any of the information contained in any of the materials on this website.
6. Intellectual Property and Copyright
6.1. All of the rights, including copyright and database rights, contained in this website are owned by us and you must not copy or dispatch any of the information contained in it. You further agree that you shall only use the website for legitimate, lawful purposes, and any other use shall only be permitted with our written consent.
6.2. Your use of the website and its contents grants no rights to you in relation to any copyright, designs, trademarks and any other intellectual property and material rights contained in this website. We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it. All the content on this website are protected by national intellectual property and other laws and international treaty provisions. You may not copy, broadcast, republish, download, reproduce, post, transmit, make available to the public, or otherwise use the content of the website in any way or for any reason. You agree not to adapt, alter or create any work derived from the website. You must not create any links to our website without our prior written consent. Should you wish to create a link to our website, please contact us at info@esinakan.com
7. Privacy Policy
7.1. All personal information you supply to us will be treated in accordance with Data Protection Act. The nature of this site means that we will obtain, use and disclose (together “Use”) certain information about you (“Data”). This statement sets out the principles governing our Use of Data on this Site. By registering to use the Site you agree to this Use.
7.2. When ordering goods you will need to provide certain Data such as your contact details and demographic information. We will store this Data and use it to contact you, provide you with details of our products and otherwise for the normal use and improvement of our Site.
7.3. We may also use the Data in response to surveys and to aggregate user profiles
7.4. To enable us to monitor and improve our Site, it gathers certain aggregated information about you when you use it, including details of your operating system, browser version, domain name and IP address, the URL you come from and got to and the parts of the Site you visit.
7.5. We use cookies only to store information such as your User ID and your session identifiers and password to enable us to identify whether you are registered on to the Site and, if so, to shortcut your access to the site and any Products. We will only read cookies from your cookie file placed there through your web browser’s interaction with the Site.
7.6. We endeavor to take all reasonable steps to protect your personal Data including the use of encryption technology, but cannot guarantee the security of any Data you disclose online. You accept the inherent security implications of being and transacting online over the Internet and will not hold us responsible for any breach of security unless we have been negligent or in willful default.
7.7. Any matter that arises out of your use of this website shall be governed by English law and subject to the exclusive jurisdiction of the courts of England and Wales.
We retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
7.8. To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
7.9. SHOPIFY
Our store is hosted on Shopify Inc. They provide us with an online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
Payment:
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read Shopify’s Terms of Service here or Privacy Statement.
8. Miscellaneous
8.1. If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from that clause and the remaining Terms and Conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
8.2. These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales.
8.3. We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
9. Bespoke Goods
9.1. Bespoke goods are any goods specifically personalised and/or tailored to your specifications.
9.2. Orders for bespoke goods cannot be cancelled or changed [once work has started on them].
9.3. Bespoke goods that are delivered as described and are in good condition may not be refunded. We reserve the right to charge for re-posting of bespoke goods returned in error.
9.4. We are not responsible for customer-generated mistakes, errors or defects including spelling, typographical or grammar errors; poor image quality derived from low-resolution images, order quantity, or other ordering errors. To prevent these errors from happening, please review your order carefully before submitting it.
9.5. Faulty goods will be rectified free of charge. Any problems with any part of a bespoke order must be reported to us within 7 days of receipt. Please e-mail returns@esinakan.com who will contact you in regards to the fault and how to return the goods.