T E R M S & C O N D I T I O N S
Welcome to AOKOSU.com!
TERMS & CONDITIONS OF USE
In consideration of your use and/or viewing this website, you agree to comply with, and be bound by, the following ‘Terms and Conditions of Use’ governs your relationship with AOKOSU.com. It is further agreed that the jurisdiction of this agreement shall be the County of Columbia, New York, USA.
DEFINITIONS: The terms ‘AOKO SU,’ ‘AOKOSU.com,’ @aoko_su,’ ‘us' or, ‘we’ refers to the owner(s) of the subject website whose principal mailing address is: 402 Union Street #903, Hudson, New York 12534. The term 'you' refers to the user or viewer of this website whether an individual or legal entity.
EXTERNAL LINKS: Any website links on AOKOSU.com are provided as a convenience and do not constitute an endorsement of the website or its content. We have no responsibility for the content of linked website(s) or for any damages due to your reliance thereupon.
INTELLECTUAL PROPERTIES: This website contains material which is owned by, or licensed to, us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction of any images, parts, pieces, components or source code is prohibited other than in accordance with the copyright notice, which forms part of these ‘Terms and Conditions’.
DISCLAIMER: Your use of any information or materials on this website is at your own risk for which we shall not be liable. It shall be your responsibility to determine that the suitability of any products, services or information available through this website meet your specific requirements. Your reliance on this information shall be at your exclusive risk.
YOUR ACCEPTANCE: Your access and use of our website constitutes your tacit ACCEPTANCE of the ‘Terms and Conditions’ contained herein. If you disagree with any part of these ‘Terms and Conditions’, do not access, or use, our website.
TERMS & CONDITIONS OF SALE
DIRECT / ONLINE SALES
All goods and services sold by AOKO SU are expressly subject to the Terms and Conditions of Sale set forth below. Additional or conflicting terms or conditions are rejected and shall not be binding unless ratified in writing by an AOKO SU officer.
SALES: All sales are final. We do not accept returns, however, every reasonable effort will be made to ensure our customers’ satisfaction.
PRODUCTS: Every piece of AOKO SU jewelry is fabricated by hand. No two-pieces are identical. Variations in color, finish, shape, patina including, but not limited to, stones, mountings, markings, makers marks are not only acceptable but are desirable, making each piece a unique and original work by the artist.
PAYMENTS: Cash or its equivalent upon placement of Order. Buyers hereby agree and stipulate that all purchases are Made-To-Order. Those items are 1) non-cancellable and 2) non-returnable once the order has been placed into our fabrication queue. It is agreed that any payment tendered by the Buyer, whether check, credit card, PayPal, Venmo, promissory note, shall not be cancelled, reversed, stopped-pay or functional equivalent. Any effort to do deprive AOKO SU of payment for an order placed in queue shall constitute a breach of these Terms and Conditions of Sale. It is further acknowledged that any action by Buyer to deprive AOKO SU of payment via any bank, lender, line of credit, card transaction including, credit card, debit card, gift card, gift credit or electronic payment transaction agreement shall be null and void and shall constitute an intentional and material misrepresentation.
SHIPPING: Shipping dates are tentative and supplied to our customer only as a reference. We are reliant upon product and material availability, shipping, weather, etc. however, we cannot assume liability for production delays that are beyond our control. To the extent possible, we will make every reasonable effort to accommodate a customer’s preferred ship date.
WARRANTY: Guaranteed against defect. Each piece of AOKO SU jewelry is entitled to one complete restoration within the following guidelines: 1) Owner of jewelry petitioning for restoration must be original owner with proof of purchase, 2) Damaged jewelry may have to be repaired before restoration at owner’s expense if the damage exceeds what an AOKO SU representative deems to be normal wear and tear. One complete restoration includes returning the finish of the metal and form of the jewelry back to the state in which it was originally purchased. In the event of a defect, real or perceived, the owner shall give notice to AOKO SU immediately upon receipt. Warranty includes in-house repairs to be billed to the owner of the jewelry at-cost. Custom and made-to-order products are non-refundable.
LIABILITY: Notwithstanding any other provision, AOKO SU’s maximum liability under this warranty shall be strictly limited to the repair or replacement of any system or part which is determine by AOKO SU to be defective or, at the most, repayment of the purchase price (as AOKO SU may elect in its absolute discretion), within the applicable limited warranty period.
ADHESION: Buyer agrees that Buyer’s acceptance of AOKO SU’s proposal or submission of its order shall subject to, and adhere Buyer to these Terms and Conditions of Sale and further, it is agreed that the jurisdiction of this agreement shall be Columbia County, New York. All export orders agree to be subject to the laws and jurisdiction of federal courts of the United States of America.
FORCE MAJEURE: AOKO SU shall not be liable for failure to deliver or for delay in delivery or performance due to: (i) a cause beyond its reasonable control; (ii) an act of God, act or omission of Buyer, act of civil or military authority, governmental priority or other allocation or control, fire, strike or other labor difficulty, riot or other civil disturbance, insolvency or other inability to perform by the manufacturer, delay in transportation; or, (iii) any other commercial impracticability. If such a delay occurs, delivery or performance shall be extended for a period equal to the time lost by reason of delay.
WAIVER, CHOICE OF DISPUTE RESOLUTION: The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent nonperformance of any such term or condition by the other party. All transactions shall be governed by the laws of the State of New York, United States of America, excluding conflict of law rules. Any dispute arising out of or relating to transactions hereunder shall be settled by binding arbitration in Columbia County, Hudson, New York under New York law administered by the American Arbitration Association under its Commercial Arbitration Rules, and a judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. The arbitrators will have the powers a state court judge would have had if the matter had been filed in such court, including equitable powers, except for the power to award punitive damages, which they shall not have. Actions by AOKO SU for Buyer's non-payment of materials, products or services sold, may be brought by AOKO SU, at AOKO SU’s option, before any court of competent jurisdiction in Columbia County, New York, United States of America and to the extent permitted by applicable law. The provisions of the United Nations Convention on Contracts for the International Sale of Materials shall not apply.
ATTORNEY FEES: In the event it becomes necessary for AOKO SU to engage in any legal and/or judicial proceeding out of this agreement, Buyer agrees that it will be at Buyer’s sole expense, including without limitation, attorneys’ fees and any and all other associated costs.
BUYER'S PAYMENT OR DEPOSIT OR ACCEPTANCE OF SHIPMENT SHALL CONSTITUTE BUYER'S ACCEPTANCE OF AOKO SU’s TERMS AND CONDITIONS OF SALE.
EFFECTIVE DATE: February, 2014