General
This website is owned and operated by Akwill Limited and as a user of this website you acknowledge that any use of this website including any transactions you make is subject to our terms and conditions below, and privacy policy.
While Akwill uses all reasonable efforts to include accurate and up to date information on this site, Akwill makes no warranties as to its accuracy and assumes no responsibility or liability for any errors or omissions in the content of this site. We apologise for any inconvenience that may be caused due to any errors or omissions present.
Akwill reserves the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.
Buyers are required and deemed to be aged 18 or over and accept our full terms, conditions & disclaimer before products are dispatched.
All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions and by ordering from this website you agree to be bound by these terms and conditions.
Definitions
- “Buyer or Consumer” means the organisation or person who buys Goods from the seller.
- “Seller” means Akwill International House, 1-6 Yarmouth Place, Mayfair, London, W1J 7BU and includes it’s licensees such as Akwillbbqsmoker.com.
- “Goods” means the goods advertised on the website to be supplied to the Buyer by the Seller;
- “Intellectual Property Rights” means all patents, registered and unregistered designs, copyright, trade marks, know-how and all other forms of intellectual property wherever in the world enforceable;
Description of Goods
Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract. All goods which appear on the website are subject to availability.
Delivery
Delivery charges and estimated timescales are specified (usually between 7-10 working days).We make every effort to deliver goods within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors. Akwill shall be under no liability for any delay or failure to deliver the products within estimated timescales.
If the Seller is unable to deliver the Goods because of actions or circumstances under the control of the Buyer, then the Seller shall be entitled to place the Goods in storage or to return same to the Peterborough Warehouse until such times as delivery may be effected and the Buyer shall be liable for any expense associated with such storage and redelivery from storage or the warehouse in Peterborough.
Any damages, shortages, over deliveries and duplicated orders should be reported to the Seller within 14 days.
Risk of loss and damage of products passes to you on the date when the products are delivered or on the date of first attempted delivery by us or our nominated courier /delivery service.
During any adverse weather conditions we will do our utmost to ensure that your goods get to you on time, you will be advised of any delays due to adverse weather.
Payment
Payment will be taken at the time which we receive your order and goods are subject to availability.
We must receive payment for the whole of the price of the goods we supply to you before delivery
In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods.
Title to any products you order on this website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products.
Price of goods
The price you pay is the price displayed on this website at the time we receive your order apart from the following exception:
Whilst we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of confirming 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.
All prices are shown in £ sterling and includes VAT (where applicable) at the applicable current rates but excludes delivery charges, unless expressly stated otherwise (see delivery information and website information for further details).
Intellectual Property
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensees or licensors. You are permitted to use this material only as expressly authorised by us or our licensors or licencees.
You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
Liability and Indemnity
Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law and in the event of any damages our liability is restricted to £200.00.
Subject to the above, Akwill will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website.
Akwill will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and Akwill accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
Akwill will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:
– economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
– loss of goodwill or reputation;
– special or indirect losses
– suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
This does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
Refunds Returns and Cancellations
We stand by both the quality of our products and delivery model. However we also know that, for one reason or another, there may be a time when you need to exchange or return something you’ve bought. Please make sure that you check your items carefully before as soon as you take delivery.
If I change my mind…
Under the Consumer Protection (Distance Selling) Regulations 2000, Customers have the right of cancellation and can return goods within 7 working days after delivery of the goods.
If you change your mind, within seven days, please contact us and we will arrange to refund the purchase price of the goods.
You will be responsible for returning the goods to us at your own expense and to ensure that all goods are reasonably cared for and packed adequately to protect against damage.
If you fail to take reasonable care of the goods before they are returned to us, and this results in damage or deterioration, we may make a reasonable reduction in value to cover our losses.
We cannot be held responsible for any parcels lost in the post, therefore please make sure all returns are sent by recorded post and you keep your receipt as proof of postage.
If there’s a fault with the product…
Within thirty days, please contact our customer service team by telephone and or by email. They will ask for a photo of the faulty part/parts to be emailed to us. Upon receipt of this, we will arrange to refund your payment or send the required replacements parts to you and reinstall same.
If the goods appear to be damaged in transit…
If your goods appear to have been damaged in transit, please contact us within seven days of receiving the goods. If possible sign for the goods as damaged. If upon opening the packaging you notice damage, please contact our customer service team who will ask you to email a photo of the damage. We can only accept claims for damage within seven days of delivery as outside of this period a claim cannot be submitted to the courier.
Please note you MUST contact us before returning any product. This way your return can be logged and processed promptly once it arrives back.
Miscellaneous Provisions
The contract between us shall be governed by the laws of England and Wales and any dispute will be resolved exclusively in the courts of England.
Akwill shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
Akwill reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.
These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999).
If any part of these terms and conditions that is not fundamental or found to be illegal or unenforceable, such finding will not affect the validity or enforceability of the remainder of these terms and conditions.
Distance Selling Regulations
Akwill is committed to ensuring your statutory rights under Distance Selling Regulations.
If you have ordered by telephone or internet, under the Distance Selling Regulations, you have a statutory right to cancel your order and receive a full refund within seven days of you taking delivery of the goods.
Complaints
If you have a complaint about our service or any goods or services you purchase from Akwill then please contact us immediately. All complaints will be dealt with in a fair and confidential manner.