ADKN endeavors to ensure that the information posted by it on the Platforms is accurate and complete. ADKN does not, however, guarantee that the Content or any other information available on the Platforms is accurate and/or error free, ADKN does not promise that the functionality of the Platforms or Content will be error free or that the Platforms, Content or the servers that make such Content available are free of viruses, malicious code or other components which are potentially harmful. ADKN recommends that all users of the Internet ensure they have up to date virus checking software installed.
LIMITATIONS OF LIABILITY
Nothing in these Terms limits or excludes our liability: (a) for death or personal injury caused by negligence; (b) for fraud or fraudulent misrepresentation; (c) under Section above of the Consumer Protection Act 1987; or (d) for any other liability which cannot be limited or excluded by applicable law.
Subject to Section above, we will not be liable, in each case, whether in contract, in tort (including, without limitation, negligence or breach of statutory duty), or otherwise however arising out of or in connection with these Terms for any:
(i) economic losses (including, without limitation, loss of income, revenues, data, actual or anticipated profits, contracts, business, opportunity or anticipated savings); or
(ii) loss of goodwill or reputation; or
(iii) special, indirect or consequential losses or damages suffered or incurred by you arising out of or in connection with these Terms.
Subject to these Sections the aggregate liability under these Terms of ADKN whether arising under contract, tort (including negligence) breach of statutory duty or otherwise shall in no event exceed 100% of the price of the Product you have ordered from ADKN.
This section does not affect your statutory rights as a consumer. For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau, or the equivalent in your country (if any).
All content (including, but not limited to, logos, text, data compilations, graphics, icons, images, photographs, audio clips, sounds, music, and software, and any combination thereof) available on the Platforms (the "CONTENT"), is either owned or licensed by ADKN, and is protected by applicable copyright laws and treaties around the world. All such rights are reserved.
The "ADKN" trade mark as well as all trade marks, whether they are figurative or not, and all other marks, trade names, service marks, brand names, business names, illustrations, images, logos which appear on our Products, Platforms, accessories or packaging, whether registered or not (the "TRADE MARKS"), are and remain the exclusive property of ADKN and/or its licensors and are protected by applicable trade mark laws and treaties around the world. All such rights are reserved.
All other intellectual property rights (including, without limitation, registered or unregistered trade marks, logos, designs, copyrights, patents, know how or trade secrets) in or related to the Platforms, the products depicted and/or available on the Platforms and any accessories, stationery, packaging or ancillary items connected to such products, your order or the Platforms (the "INTELLECTUAL PROPERTY RIGHTS") are and shall remain the exclusive property of ADKN and/or its licensors and such Intellectual Property Rights are protected by applicable intellectual property laws and treaties around the world. All such rights are reserved.
ASSIGNMENT, SUBCONTRACTING ETC
We reserve the right to transfer, assign, novate or sub-contract all or any of our rights and obligations under these Terms provided that your rights under these Terms are not affected. You may not assign, sub-contract or otherwise transfer any of your rights or obligations under these Terms without our consent in writing.
AMENDMENTS TO THESE TERMS
We reserve the right to make changes to these Terms at any time. You, and any contract of sale between us, will be subject to the version of these Terms in force at the time you order the Products in question from us.
EXCLUSION OF WARRANTIES
This Section does not affect your statutory rights as a consumer and, in respect of the Products, does not exclude or limit in any way our liability for breach of the statutory rights set out under applicable consumer laws relating to good title, no encumbrance and quiet possession, correspondence with description, satisfactory quality, fitness for purpose and correspondence with sample. For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau, or the equivalent in your country (if any).
Subject to the preceding paragraph to the maximum extent permitted by applicable law, adkn disclaims and excludes all other terms, conditions and warranties in relation to the products and services whether express or implied by statute or otherwise or arising from any previous course of dealing or usage or trade practice.
EVENTS BEYOND OUR REASONABLE CONTROL
We will not be held responsible for any delay or failure to perform or comply with our obligations under these Terms if the delay or failure arises from any cause, which is beyond our reasonable control.
Subject to the terms herein, we grant you a revocable, and non-exclusive licence to access and make personal use of the Platforms limited such that it does not include the right to:
(A) use the Platforms in any way which may prejudice or damage the reputation of ADKN;
(B) use the Platforms for any commercial or business purposes. The Platforms are for your personal use only;
(C) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
ADKN may terminate the limited licence set forth in this Section at any time in its sole discretion without prejudice to any other remedy we may have against you pursuant to applicable law for any reason whatsoever and/or for any breach of these Terms.
Each provision of these Terms shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable form and not affect the enforceability of any of the other provisions of these Terms.
GOVERNING LAW AND JURISDICTION
These Terms and all transactions relating to the Platforms are governed by English law and you, and we, hereby submit to the non-exclusive jurisdiction of the English courts. This does not affect your legal rights as a consumer in the country in which you are located.
ADKN Employees ordering products from the Platforms, and who are entitled to staff discount, agree that they have read and adhere to the terms and conditions of the ADKN staff discount policy. Employees with any questions about this discount policy please contact your HR department.
These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any contract. We each acknowledge that, in agreeing to these Terms, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty ("REPRESENTATIONS") of any person (whether a party to that contract or not) other than as expressly set out in these Terms. Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these Terms.
All notices given by you to us must be sent to ADKN at 59B-59C, North Woolwich Road, E16 2AA or email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in the Section above. Notice will be deemed received and properly served immediately when posted on the Platforms, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Platforms, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Platforms. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This Section does not affect your statutory rights.
If we fail, at any time during the term of our contract, to insist upon strict performance of any of your obligations under the contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled pursuant to the Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the Section above.
CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999
The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from these Terms such that no third party may claim any rights under these Terms.
DISPUTE RESOLUTION - EU RESIDENT CUSTOMERS ONLY
The European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution which may be of interest if there is a dispute we cannot resolve between us. For more information please contact Customer Service.
FOR CUSTOMERS LOCATED IN FRANCE
If you are placing an order on Adkn.co.uk from a location in France, then the following additional terms shall apply:-
ADKN, whose name and address are set out at the beginning of these Terms, shall be responsible for any lack of conformity of the ADKN product which you order to the contract between you and ADKN under the conditions set forth in articles L. 211-4 et seq. of the French Consumer Code, and for any hidden defect in the ADKN product sold to you on Adkn.co.uk subject to the conditions set out in articles 1641 et seq. of the French Civil Code.
Under the statutory conformity warranty in articles L. 211-4 et seq. of the French Consumer Code:
• any claim must be made by you within 2 years of the date of delivery of the ADKN product;
• you may choose between repair or replacement of the ADKN product, subject to the costs of repair or replacement being proportionate and the conditions provided for under article L. 211-9 of the French Consumer Code;
• you do not have to prove the ADKN product’s lack of conformity with the contract during a period of twenty-four (24) months following delivery of the ADKN product.
However if ADKN proves that the ADKN Product was in conformity with the contract between you and ADKN, your claim will not be accepted.
Alternatively, you bring a claim pursuant to the warranty against hidden defects as set out in article 1641 of the French Civil Code. In such case, you may choose between the cancellation of the sale contract or a reduction of the sale price, as set out under article 1644 of the French Civil Code.