MK&CO - Terms & Conditions
Welcome to the islamabadauctioneers website
This page explains the terms by which you use our Website, including the purchase of Company Products (or Products), our online and/or mobile services, and software provided on or in connection with the service (collectively, the “Service”). It also covers the return/refund policy regarding our products under various conditions.
By accessing or using the Service, purchasing Products, or clicking a button or checking a box marked “I Agree” or something similar, you signify that you have read, understood, and agree to be bound by these Terms of Use and Purchase (or “Terms”), to the collect of which are hereby incorporated by reference. These Terms apply to all visitors, users, and others who register for or otherwise access the Service (referred as “Users”).
Certain services may be subjected to additional terms and conditions specified by us from time to time, and your use of such services is subject to those additional terms and conditions, which are hereby incorporated into these Terms by reference.
Please read these Terms carefully to ensure that you understand each provision. These Terms contain a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
MK&CO reserves the right to change these terms and conditions at any time without any prior notice to anyone.
- Use of Our Website
- Eligibility. This is a contract between you and Company. You must read and agree to these terms before using the Company Service. If you do not agree, you must not use the Service or purchase any Product. You may purchase the Products only if you can form a binding contract with Company, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access of the Service by anyone under 13 is strictly prohibited and in violation of these Terms.
- Our Proprietary Rights
- Except for your User Content, the Products, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Company Content”), and all intellectual property rights related thereto, are the exclusive property of Company and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Company Content. Use of the Company Content for any purpose not expressly permitted by these Terms is strictly prohibited.
- You may choose to or we may invite you to submit comments or ideas about the Service or our Products, including without limitation about how to improve the Service or our Products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Company under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Company does not waive any rights to use similar or related ideas previously known to Company, or developed by its employees, or obtained from sources other than you.
- Orders and Payment Terms; Referral Program
- Reservations. If Company offers the ability to reserve Products (“Reservations”), such Reservations are not transferrable. If you transfer your Reservation, Company may cancel your Reservation and refund any amounts that you paid for such Reservation. You understand and acknowledge that Reservations do not constitute an order for Products or any promise of shipment, and Reservations are subject to full payment and your provision of other information.
- Placing an Order. After you place an order we will review the information you provided for validity by verifying your method of payment, billing, and/or deliveryaddress. Orders may not be accepted for delivery to certain addresses and territories based upon your location. We may contact you (via email or phone) if additional information is required to accept and process your order. Invalid order information may result in delays processing your order. For Product purchases, your receipt of an order confirmation does not constitute Company’s acceptance of your order. Without prior notification, Company maintains the right to limit the Product order quantity and the right to refuse to sell Products to any customer for any reason or no reason at all. The Company may, but is not obligated to, investigate your order for violation of these terms, including without limitation to verify your credit card information. The Company may cancel your order in its sole discretion if Company believes that you have violated the terms of this Agreement. Company reserves the right not to sell to resellers, dealers, or distributors. If your order is canceled or refused, we will attempt to notify you using the email address or phone number you have given us with the order.
- No Sales to Children; Use of Products. Company does not sell Products through the Service for or to children, but only to adults, who can purchase with a credit card or other permitted payment method. If you are under eighteen (18) years of age, you may use the Service only with involvement and consent of a parent or legal guardian. You agree to comply with all laws regarding the use of our Products, including laws regarding the required age to ride any or all products of the Company.
- Payment Methods. Payment for Products purchased on our Service is conducted through Klarna, Stripe, PayPal or another third-party payment processor. Payment may be subjected to Payment Processor’s terms and conditions. Company will not fulfil any Product order without authorisation validation of your purchase. You represent and warrant that the payment and deliveryinformation that you provide is accurate and that you have the right to purchase Products using such payment information. We may offer you the ability to finance your purchase of Products through the Service via a third-party provider. The Company will use reasonable efforts to let you know what taxes and charges apply to your purchase of Products, however, we are not responsible if additional taxes or fees are assessed by your local government.
- Offers. You acknowledge and agree that any offers made available through the Service are subject to change at any time and from time to time.
- Colours and Other Features. We have endeavoured to be as accurate as possible in describing and displaying the colours and other features of the Products made available for purchase through the Service; however, there is no warranty or guarantee that the colours, quality, product descriptions, or other content of the Service is accurate, complete, reliable, current, or error-free.
- Changing Your Order Information. If you’ve submitted an order for Products, and we haven’t yet shipped your Products, you may change your order information by contacting us at amjid5222122@gmail.com from the same email ID which was used while placing the order.
- Shipping. After we’ve received your payment, we will ship you the Products that conform to your order. The deliveryis not free, but the cost is included in the product price. We will ship the Product(s) you purchase via the delivery method of our choice, on such other terms and conditions (such as applicable deliveryand handling fees) that we may disclose to you at the time of your purchase. Please note that you may be required to sign for delivery of Products. We do not guarantee for the services of any deliverycompany. Delivery dates and times are estimated and are not guaranteed. We will, however, use commercially reasonable efforts to dispatch the Product to you as soon as reasonably possible after you place your order. During special occasions, such as the Covid 19, holiday periods and or periods of inclement weather, there may be additional processing and deliverydelays. You agree to not hold Company liable for any deliveryissues. Most package carriers have a short time frame in which to initiate claims. We recommend that you inspect your package for damage immediately upon arrival. If there is a problem, contact the delivery service immediately to resolve any problems. Company has the rights to ship products from any place of our choice. At our discretion, we may choose to halt, or alter, the delivery of an order, even though it is in the hands of a delivery agent or delivery company. We may do this as a customer service or in cases where we suspect fraud. You agree to pay any additional charges that may arise to do circumstances in which we take such action. If available in your delivery area, you may also have the option of selecting delivery through a third-party provider.
- Returns and Warranty. Company will provide refunds for Products purchased through our Website solely in accordance with our Return and Warranty Policy.
- Referral Programs. Company may, from time to time offer incentives for customer referrals. The terms of any such programs can be found in Company’s Referral Program Terms and Conditions .
- Privacy. We care about the privacy of our users. You understand that by using the Service or purchasing Products you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed in the United States.
- Security. Company cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorised third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
- Copyright Complaints. It is our policy to respond to alleged infringement notices
that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your
copyrighted work has been copied in a way that constitutes copyright infringement and is accessible
via the Service, please notify Company’s copyright agent as set forth in the DMCA. For your
complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorised to act on behalf of the copyright owner
- An electronic or physical signature of a person authorised to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed.
- Identification of the material that is claimed to be infringing and where it is located on the Service;
- Information reasonably sufficient to permit Company to contact you, such as your address, telephone number, and email address;
- A statement that you have a good faith belief that the use of the material in the manner complained of is not authorised by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorised to act on behalf of the owner.
- Third-Party Links and Information. The Service may contain links to third-party materials and services that are not owned or controlled by Company, including without limitation third-parties that provide delivery or financing services. Company does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Service, you do so at your own risk, and you understand that these Terms and Company’s Privacy Policy do not apply to your use of such sites. You expressly relieve Company from any and all liability arising from your use of any third-party website, service, or content, including without limitation User Content submitted by other Users. Additionally, your dealings with or participation in promotions of advertisers found on the Website, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Company shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
- Indemnity. You agree to defend, indemnify and hold harmless Company and its
subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees,
contractors, agents, officers and directors, from and against any and all claims, damages,
obligations, losses, liabilities, costs or debt, and expenses (including but not limited to
attorney’s fees) arising from:
- Your use of and access to the Service, including any data or content transmitted or received by you;
- Your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above;
- Your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights;
- Your violation of any applicable law, rule or regulation;
- User Content or any content that is submitted via your account including without limitation misleading, false, or inaccurate information
- Your misuse of the Products;
- Your wilful misconduct, or
- Any other party’s access and use of the Service with your unique username, password or other appropriate security code.
- No Warranty
- The Service and Products are provided on an “as is” and “as available” basis. Use of the Service and products is at your own risk. To the maximum extent permitted by applicable law, the Service and Products are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Company or through the Service or in connection with the Products will create any warranty not expressly stated herein. Without limiting the foregoing, Company, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service. Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and Company will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
- Federal law, some States, Provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. These Terms gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under these Terms will not apply to the extent prohibited by applicable law.
- Limitation of Liability
- To the maximum extent permitted by applicable law, in no event shall Company, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, The Service. Under no circumstances will Company be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorised access or use of the Service or your account or the information contained therein.
- To the maximum extent permitted by applicable law, Company assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Service or Products; (iii) any unauthorised access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vii) User Content or the defamatory, offensive, or illegal conduct of any third party.
- This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Company has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
- Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. These Terms give you specific legal rights, and you may also have other rights which vary from State to State. The disclaimers, exclusions, and limitations of liability under these Terms will not apply to the extent prohibited by applicable law.
- The Service is controlled and operated from facilities in the UK. Company makes no representations that the Service or Products are appropriate or available for use in other locations. Those who access or use the Service or Products from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable UK and local laws and regulations, including but not limited to export and import regulations. You may not use the Service or purchase the Products if you are a resident of a country embargoed by the UK, or are a foreign person or entity blocked or denied by the UK government. Unless otherwise explicitly stated, all materials found on the Service and Products are solely directed to individuals, companies, or other entities located in the UK.
- General
- Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
- Notification Procedures and Changes to these Terms. Company may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on the Service, as determined by Company in our sole discretion. Company reserves the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification as described in these Terms. Company is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Company may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change these Terms in a material manner, we will update the ‘last modified’ date at the bottom of this page and notify you that material changes have been made to these Terms. Your continued use of the Service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service or purchase Products.
- Entire Agreement/Severability. These Terms, together with any amendments and any additional agreements you may enter into with Company in connection with the Service and the Products, shall constitute the entire agreement between you and Company concerning the Service and the Products. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect, except that in the event of un-enforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
- No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Company’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
- Expiration of Claims. Any claim or cause of action you may have with respect to Company, the Service or the Products must be commenced within one (1) year after the claim or cause of action arose.
- Contact. Please contact us at amjid5222122@gmail.com regarding any questions regarding these Terms.
MK&CO, Refund / Return and Warranty Policy
- You have a legal right to cancel the contract between you and us within fourteen (14) days of delivery without giving a reason. The cancellation period will expire after fourteen (14) days from the day that you or a third party acting on your behalf (excluding the company that delivers the Products to you) takes physical possession of the Products you ordered. You have a right to ask for a refund with in 30 days if you are not satisfied with the product. You will be entitled for a full refund less the 2 way delivery cost (further details in succeeding paras). The product purchased on a special price (sale, demo, used products) will not be returned after 7 days but will be exchanged with any other product, subject to price adjustment.
- The item must be unused, in its original condition and suitable for resale. The items must be in an “as new” condition and in the original packaging including labels, stickers, additional accessories etc.
- The delivery is never free, but the cost is included in the product’s cost.
- If reasonable care is not taken about the item prior to our receipt, resulting in damage or deterioration of the goods or packaging, then a charge will be applied for the reduction in value. The item must be accompanied by the invoice with details of the reason for return stated. You are responsible for the item until it reaches us; we, therefore, suggest that you use a secure professional method of delivery e.g. signed delivery.
- The customer is responsible for both way delivery charges incurred for the return of an unwanted item.
- Returning Products for Warranty Claims. In the unlikely event that an item is faulty, you may
return it for repair within the period of warranty. If the item when received is faulty, notify us
within 7 days along with details for swapping with a new product. Your Products are warranted
against defects in materials for a period of up to twelve (12) months from the date of original
purchase or other period notified by the Company in each case. If a defect arises during the
Warranty Period, Company will, at its option, (1) repair the affected Products at no charge using
new parts or parts that are equivalent to new in performance and reliability, (2) exchange the
affected Products with functionally equivalent Products that are new or formed from new and/or
previously used parts that are equivalent to new in performance and reliability or, with your
consent, Products that are at least functionally equivalent to the Products it replaces; or (3)
refund the original purchase price for the affected Products. Faults arising from following will
void the warranty and company will not be responsible for the refund :
- Poor/improper use
- Faults arising from poor / no maintenance
- Use on illegal areas
- Used for illegal purposes
- Used in water, rain or puddle
- Repairing or maintenance from other than us
- Opening the compartment, remote or other sealed which were otherwise not supposed to be opened.
- Charging with any other method or charger, other than recommended.
- Over Charging
- Fault occurred due to add, removal or improving some parts, functions or app.
- Modify, change / tampering the factory setting on display meter.
- Normal depletion of consumable parts
- Faults arising due to customer’s fault.
- After testing, if a returned item is found not to have any manufacturing faults or the fault mentioned for warranty purposes, then the customer will be responsible to pay the return delivery cost along with full price of replacement product if that has already been shipped to them. Any product found to be faulty within the first 30 days of purchase will be exchanged for the same product, or spare component parts will be supplied.
- The deliveryfor warranty purpose is responsibility of customer. The Company may refund that cost, if the fault was found to be due to manufacturing. Company is not responsible for providing replacement products during repair / replacement period, which may take up to 14 working days.
- Should in the unlikely event that we send a wrong item to you then we will at our expense, either arrange a courier collection or supply a pre paid postage label to you to enable you to return the incorrect item.
- Once we have received the item back we will issue you with the replacement item. Should you need an expedited service we can issue a charged replacement item and credit you once we have received the wrong item back. Just get in contact with us and we can discuss these options with you.
- Damaged in transit. Please check your purchase upon arrival. If you notice any damage to the product, please notify it to the courier on the spot. Also notify us within 24 hours. At our expense, we will either arrange a courier collection or supply a pre paid postage label to you to enable you to return the damaged item, or will send you a replacement part. Once we have received the item back we will issue you a replacement item.
- Courier Collections / Boxed Products. Courier collections can be arranged for you and the charges will be intimated to you in advance, however the responsibility mainly lies on you. Any invoice generated later by the delivery company, regarding the product will be your responsibly to clear.
- The faulty/damaged return collections will be free of charge.
- Missed collection will be charged, so please ensure you are available on the day that the collection is booked for.
- Return Postage costs. We are not able to refund the cost of postage (both the original delivery charge and return postage) unless the item is faulty in the first 30 days. If you would like to request reimbursement for postage applied to any incorrectly advertised, damaged or faulty items then just get in touch with us via email. For Faulty Items we will either arrange for a courier to collect the item from you at our cost or provide you a prepaid returns label.
- The items must be properly and securely packed, while returning product for any reason. Small items, like keys / quick release etc MUST NOT BE kept loose it the box. In case something is lost / damaged due to improper / loose packaging, the customer will be liable to pay the cost.
- The customer can expect to receive the refund of the cost for the item within 14 working days of us receiving the item (assuming satisfaction with the condition of the product).
- Health and Safety. The company takes full care about health and safety of its employees. Any item returned for any reason, MUST BE thoroughly cleaned before they are being collected. In case of failure, the company will charge for washing / cleaning charges for each product.