Terms & Conditions
THIS AGREEMENT GOVERNS YOUR USE OF THE MYKONI.COM WEBSITE.
Last Updated: 29 October 2017
This Web site is owned and operated by SBTG LTD., company Registration Number: 10149931, registered in England and Wales (“MYKONI”). Access and use of this Web site is provided by MYKONI to you on condition that you accept these Terms & Conditions, and by accessing or using this Web site, you agree to these Terms & Conditions. If you do not agree to accept and abide by these Terms & Conditions you should not access or use this Web site.
MYKONI may revise and update these Terms & Conditions at anytime and without notice. You are cautioned to review the Terms & Conditions posted on the Web site periodically. Your continued access or use of this Web site after any such changes are posted will constitute your acceptance of these changes.
1. Use of the Site
This Web site and its contents (the “Content”) are intended for customers of MYKONI. You may not use this Web site or the Content for any purpose not related to your business with MYKONI. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Web site or the Content without, or in violation of, a written license or agreement with MYKONI; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Web site or the Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any MYKONI product or service if you are not expressly authorised by such party to do so; and (e) using the Web site or the Content other than for its intended purpose, as determined solely in MYKONI’s discretion, including but not limited to, to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others, and/or to publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information. You may not interfere with the security of, or otherwise abuse this Web site or any system resources, services or networks connected to or accessible through this Web site. You may only use this Web site for lawful purposes.
2. Intellectual Property
All materials (including the organisation and presentation of such material) on this Web site (the “Materials”) are the property of MYKONI and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names, and other similar rights.
Unless you have entered into a separate agreement with MYKONI, any other use of these Materials without MYKONI’s written permission is prohibited. The Materials may only be used and copied for your own, non-commercial, personal or educational purposes, provided that the Materials are not modified and that copyright and other intellectual property notices are not deleted. You may not create derivative works from or otherwise exploit the Materials in any way.
MYKONI and any product or service name or slogan contained in the Site are trademarks of MYKONI and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of MYKONI or the applicable trademark holder. You may not use meta tags or any other “hidden text” utilising “MYKONI” or any other name, trademark or product or service name of MYKONI without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of MYKONI and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
4. Contracts and Orders
A purchase agreement is concluded when MYKONI has confirmed the Customer’s order and the Customer has received an order confirmation from MYKONI via e-mail. MYKONI encourages the Customer to save the order confirmation for any future contacts with MYKONI’s customer service regarding the order. The Customer is entitled to cancel their order up until it has been confirmed by MYKONI. If the order is cancelled, MYKONI will refund any payments the Customer or their pay- or credit card company has made with regard to the order.
6. Customer Information
The Customer undertakes to ensure that no one, except the Customer, uses the Customer’s log-in details. The Customer may not disclose their username or password to any person and shall ensure that any documentation with information about username and password is kept in such a way that unauthorised persons may not access the information. The Customer shall notify MYKONI without delay if it may be suspected that any unauthorised person has obtained access to the Customer’s password. The Customer is responsible for all purchases made with the Customer’s log-in details if the Customer has not provided such notification.
If MYKONI suspects that the Customer abuses their user account or their log-in details or otherwise violates the General Conditions, MYKONI is entitled to block the Customer’s access to their user account. Furthermore, MYKONI is entitled to assign new log-in details to the Customer.
7. Changes to terms
We reserve the right to make changes to these Terms & Conditions at any time should those changes be required for a successful technological and legal operation of this Site. You should check these Terms & Conditions regularly for such changes.
8. Changes to products and services
The prices stated on the Website apply to orders placed on the Website. All prices are presented in GBP (Great British Pounds) and include VAT. The prices do not include payment and shipping fees, which are given separately. We reserve the right to make changes to the products and prices listed on the Site, and to other content of this website, at any time without notice.
While we do our best to ensure that product descriptions on our website are accurate, some inaccuracies, typographical errors or misinterpretations may occur. We reserve the right to correct such inaccuracies or typographical errors as they are identified without MYKONI being held accountable for such inaccuracies or errors.
The Customer can pay for their purchase in the manner specified on the Website. MYKONI is entitled to charge the Customer already in connection with the order, unless invoicing or any similar payment method has been selected by the Customer and approved by MYKONI. Upon invoicing or partial payment, MYKONI or its partners may obtain a third party credit report. In such a case, you will be informed accordingly. MYKONI reserves the right not to offer all payment methods at all times, alternatively change payment method if the payment method the Customer has selected does not work, for whichever reasons, at the time of fulfilment of the order. Please note that limitations of available payment methods are set forth on the Website.
9. Security & payment
Your financial & identity protection is our most important priority. That is why we process all payments through PayPal, which is one of the safest & most secure payment processing systems in the world.
We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed either using Stripe or PayPal, a secure online payment gateway that encrypts your card details in a secure host environment. We will not store your credit/debit card details on our systems as PayPal and Stripe process it independently of MYKONI. PayPal and Stripe ensure that all transactions will be fully encrypted and only used to process card transactions which you have initiated.
Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.
10. Promotion Codes
Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.
11. Special Offers
MYKONI may from time to time provide special offers on the Website which may have more favourable conditions than those set forth in these General Conditions, e.g. with regard to payment or extended right of withdrawal. Such conditions will apply for the duration of the special offer and for the specific products set forth by MYKONI in connection therewith. MYKONI reserves the right, at any time, to withdraw such special offers. Upon termination or withdrawal of a special offer, these General Conditions shall apply without any amendments. Any offers on specific products on the Website are valid only for a limited period of time and until products are sold out.
12. Eligibility to purchase and order
The purchase of products through the Site is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the legal system of England and Wales.
In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
The Site is available only to individuals and others who meet the Site’s terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to PayPal or Stripe, and who have authorised us to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase.
By making an offer to purchase one of MYKONI’s products, you expressly authorised us to perform credit checks and, where MYKONI feels necessary, to transmit or to obtain your credit card information or credit report information (including any updated information) to or from third parties solely to authenticate your identity, to validate your credit/debit card, to obtain an initial credit card authorisation and/or to authorise individual purchase transactions.
Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set-out within the Terms & Conditions.
Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
13. Independent Relationship
You and MYKONI are independent contractors, and these Terms & Conditions, including but not limited to submission or distribution of any Content you created, will not, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency between the you and MYKONI. Neither party will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither party is authorised to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set forth in the Terms & Conditions. Neither party shall in any manner advertise, represent or hold itself (or any of its agents) out as so acting or being authorised so to act, or incur any liabilities or obligations on behalf of, or in the name of, the other party, unless specifically provided for in the Terms & Conditions.
14. Delivery and Shipping
Products in stock are normally delivered within the number of working days set forth on the Website. Unless otherwise agreed (e.g. in connection with reservation of products not in stock), delivery will be made no later than 30 working days after MYKONI has confirmed the order in writing through the order confirmation.
The expected delivery time is set forth in the order confirmation, at the checkout and/or on the current product page on the Website. Unless otherwise expressly agreed and if a delivery is delayed for more than 30 working days and it is not due to you as Customer, you are entitled to cancel the purchase.
If any package shall be picked up at a specific delivery point, the Customer shall do so within the time specified in the notification. Packages shall normally be retrieved personally with valid identification and order number. The Customer will receive a notification of delivery stating when and where the package shall be picked-up or received. The notification may be made by e-mail, ordinary mail and if the Customer has provided a mobile number, also by phone or SMS. MYKONI is entitled to charge the Customer a fee of £15 if the package is not retrieved.
15. Right of withdrawal
When purchasing products on the Website, the Customer has a 14-day withdrawal period in accordance with applicable consumer protection legislation. This means that the Customer has the right to cancel any purchase by notifying MYKONI accordingly within 14 days from when the Customer or their representative received the product ordered (withdrawal period).
If the Customer wishes to withdraw a purchase, the Customer shall, prior to the expiry of the withdrawal period, send a clear message to MYKONI in the manner set forth here. The Customer shall provide their name, address and other relevant information, e.g. order reference, invoice number and the name of the product in the message.
If the Customer uses their right of withdrawal, the Customer shall pay for the return shipping costs and is responsible for the condition of the product after the Customer has received the product and during the return shipping. The product shall be returned within 14 days from the date when MYKONI was notified of the withdrawal. The product shall be sent well packaged, in good condition and in its original box and/or packaging. Any returns shall be sent to MYKONI in accordance with the methods and directions set forth on the Website which you can find here.
When the Customer withdraws their purchase, MYKONI will refund the amount the Customer has paid for the product, including shipping costs. Any additional shipping costs due to the Customer choosing another delivery than the standard delivery offered by MYKONI are exempted from refund. Upon return of part of an order, the shipping costs will not be refunded. MYKONI is entitled to deduct an amount from the amount to be refunded, which corresponds to the depreciation in value of the product compared to the original value of the product, if and to the extent such depreciation in value is due to Customer having handled the product to a greater extent than necessary to determine its function or characteristics.
MYKONI will pay back the amount without undue delay, however, no later than within 14 days from the date MYKONI received the Customer notification of withdrawal. However, MYKONI may delay repayment until MYKONI has received the product or the Customer has provided proof that the product has been returned, e.g. by means of certificate of delivery. Repayment will be made to the Customer by the payment method chosen by the Customer, unless otherwise agreed or if there is any objection for such a repayment.
16. Warranty and complaints
Some of MYKONI’s products may be subject to warranties. Information about any warranty period and special conditions for warranties for each product respectively, is set forth on the Website or in these General Conditions. Warranties for products will only cover original manufacturing defects and accordingly not any fault arising upon or after any individual changes of the product’s function and appearance, e.g. rebuilding, upgrading or other configuration of the product. The Customer’s order confirmation constitutes the certificate of warranty.
The right to file a complaint applies to products which are defective according to applicable consumer protection legislation. Any Customer who wishes to assert their right to file a complaint for any product ordered shall contact MYKONI, as soon as possible after discovering the defect using the contact information set forth on the Website. Complaints made within one months of the time the defect was discovered are always considered to have been made in a timely manner.
MYKONI will assume the cost for the return freight for any approved complaints.
Once a product, for which a complaint has been filed, is returned and the complaint approved, MYKONI will refund the Customer in compliance with applicable consumer protection legislation. MYKONI strives to do so within 14 days from receipt of the complaint by MYKONI, but it may be delayed depending on the nature of the product. MYKONI reserves the right to refuse any complaint if the product, in compliance with applicable consumer protection legislation, proves not to be defective.
17. Linked Web sites
This Web site may provide links to third party Web sites for your convenience only. The inclusion of these links does not imply that MYKONI monitors or endorses these Web sites. MYKONI does not accept any responsibility for such Web sites. MYKONI shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party Web sites or linked resources.
18. Internet software or computer viruses
Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Web site. Computer viruses or other destructive programs may also be inadvertently downloaded from this Web site. MYKONI shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Web site or your downloading of any of the Materials from this Web site. MYKONI recommends that you install appropriate anti-virus or other protective software.
19. Web Site and Materials Provided “As Is”
THIS WEB SITE AND THE MATERIALS ARE PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. MYKONI DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.
20. Limitation of Liability
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEB SITE AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN. IN NO EVENT SHALL SBTG LTD. TRADING AS MYKONI OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE Terms & Conditions, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEB SITE, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
You agree to indemnify and hold MYKONI harmless against all claims or liability asserted against MYKONI arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms & Conditions.
Feel free to email MYKONI at email@example.com. However, the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. MYKONI is not liable for any damages related to communications to or from this Web site. You agree with respect to any information provided by you to us through this Web site or via e-mail that:
MYKONI has no obligation concerning such information;
the information is non-confidential;
MYKONI may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose without compensation; and
the information is truthful and disclosure of the information does not violate the legal rights of others.
23. Governing law
These Website Terms & Conditions shall be governed by, and must be interpreted in accordance with, the laws of England and Wales. You agree to submit to the non-exclusive jurisdiction of the courts of England and Wales.
MYKONI failure to insist upon or enforce strict performance of any provision of these Terms & Conditions shall not be construed as a waiver of any provision or right. If any provision or part thereof of these Terms & Conditions is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof. The parties have requested that these Terms & Conditions and all documents relating thereto be drawn up in English.
If you have concerns relating to this web site or these Terms & Conditions, please contact MYKONI at firstname.lastname@example.org and we will respond as soon as possible.