OVERVIEW

Welcome to Aka Archive! The terms “we,” “us,” and “our” refer to Aka Archive. Aka Archive operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the “Services”). Aka Archive is powered by Shopify, enabling us to provide the Services to you.

The following terms and conditions, including all policies referenced herein (the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully. They contain important information regarding your legal rights and include provisions such as disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you are not permitted to access or use our Services.

ARTICLE 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are of legal age in your state or province of residence and that you have given us permission to allow any minor family members to use the Services on devices you own, purchase, or manage.
To use the Services, including browsing or visiting our online stores or purchasing products or services we offer, we may require you to provide certain information, such as your email address and your billing, payment, and shipping details. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activity occurring under your account. You may not transfer, sell, assign, or license your account to any other person.

ARTICLE 2 – OUR PRODUCTS

We strive to provide accurate descriptions of our products and services in our online stores. However, please note that colors and product appearance may differ from how they appear on your screen due to the device you use and its settings and configuration.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or match the display or description in our online store.
All product descriptions are subject to change at any time without notice. We reserve the right to discontinue the sale of any product at any time and may limit quantities per person, geographic region, or jurisdiction at our discretion.

ARTICLE 3 – ORDERS

When you place an order, you are making an offer to purchase. Aka Archive reserves the right to accept or reject your order at its sole discretion for any reason. Your order is not accepted until Aka Archive has confirmed it. We must receive and process your payment before your order is accepted. Review your order carefully before submitting it. Aka Archive may not be able to accommodate cancellation requests once your order has been accepted. If we decline, modify, or cancel an order, we will attempt to notify you at the email address, billing address, and/or phone number you provided during checkout.
You may return or exchange purchases only in accordance with our Refund Policy.
You represent and warrant that your purchases are intended for personal or household use and not for commercial resale or export.

ARTICLE 4 – PRICING AND BILLING

Prices, discounts, and promotions are subject to change without prior notice. The price charged for any product or service will be the price in effect at the time your order is placed and will be stated in the confirmation email you receive. Unless otherwise stated, prices listed do not include taxes, shipping fees, handling charges, customs duties, or import fees.
Prices displayed in our online stores may differ from prices offered in physical stores or in stores operated by third parties. From time to time, we may offer promotions that affect pricing and that are subject to additional terms separate from these Terms. In the event of any conflict between promotional terms and these Terms, the promotional terms will prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all transactions made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is accurate and complete; (ii) you are authorized to use the credit card; (iii) your charges will be honored by your credit card issuer; and (iv) you will pay all charges incurred at the posted prices, including shipping, handling, and applicable taxes.

ARTICLE 5 – SHIPPING AND DELIVERY

We are not responsible for shipping or delivery delays. All delivery times provided are estimates and are not guaranteed. We are not liable for delays caused by carriers, customs processing, or events beyond our control. Once we hand off the products to the carrier, ownership and risk of loss transfer to you.

ARTICLE 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection, and arrangement thereof, are the property of Aka Archive, its affiliates, or licensees, and are protected by patent, copyright, and intellectual property laws in the United States and other countries.
These Terms grant you permission to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Except as expressly provided in these Terms, nothing grants you any license or rights under any patent, trademark, copyright, or other intellectual property of Aka Archive, Shopify, or any third party. Unauthorized use may violate federal or state intellectual property laws. All rights not expressly granted herein are reserved by Aka Archive.
Names, logos, product names, service names, design elements, and slogans of Aka Archive are trademarks of Aka Archive or its affiliates or licensors. You may not use such trademarks without prior written consent. Shopify’s names, logos, product names, service names, design elements, and slogans are trademarks of Shopify. All other names and marks are the property of their respective owners.

ARTICLE 7 – OPTIONAL TOOLS

You may be provided access to third-party tools as part of the Services. We do not monitor or control these tools and have no influence over them.
You acknowledge and agree that we provide access to such tools “as is” and “as available,” without warranties, representations, or conditions of any kind and without endorsement. We are not liable for any damages related to your use of optional third-party tools.
Your use of any optional tool offered through the site is entirely at your own risk and discretion, and you should ensure that you understand and agree to the terms on which such tools are provided by the relevant third-party provider(s).
We may also introduce new features (including new tools and resources) through the Services in the future. Such features will also be subject to these Terms.

ARTICLE 8 – THIRD-PARTY LINKS

The Services may contain third-party materials and links to external websites (including embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites. If you choose to leave the Services to access such materials, you do so entirely at your own risk.
We are not liable for any harm or damages arising from your use of or reliance on products, services, content, or resources from third-party websites. Review the third party’s policies and practices carefully before engaging in any transaction. Any complaints, claims, concerns, or questions regarding third-party products or services must be directed to the third party.

ARTICLE 9 – RELATIONSHIP WITH SHOPIFY

Aka Archive uses Shopify to provide the Services to you. However, all sales and purchases made through our store are directly between you and Aka Archive. By using the Services, you acknowledge and agree that Shopify is not responsible for any sale-related matter between you and Aka Archive, including injury, damage, or loss arising from purchased products or services. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Aka Archive.

ARTICLE 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify’s Privacy Policy, which you can review separately. By using the Services, you confirm that you have read the applicable Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information regarding your access to and use of the Services in order to deliver and improve the Services. Information you submit through the Services is transmitted to and shared with Shopify, as well as third-party service providers that may be located in countries other than your own. Please review our Privacy Policy for more information on how we, Shopify, and our partners use your personal information.

ARTICLE 11 – FEEDBACK

If you submit, upload, post, email, or otherwise provide ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial purposes. We may use this license, for example, to operate, deliver, evaluate, improve, and promote the Services and to fulfill our obligations and exercise our rights under these Terms.
You represent and warrant that (i) you own or otherwise possess all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission; and (iii) your Feedback complies with these Terms. We are under no obligation to (1) maintain your Feedback in confidence; (2) provide compensation for your Feedback; or (3) respond to your Feedback.
We may monitor, edit, or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, otherwise objectionable, or in violation of intellectual property rights or these Terms, though we are not obligated to do so.
You agree that your Feedback will not violate any rights of third parties, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive, or obscene material, nor any computer viruses or malware that could affect the Services’ operation. You may not use a false email address, impersonate any person, or otherwise mislead us or third parties regarding the origin of the Feedback. You are solely responsible for the accuracy of your Feedback. We are not liable for any Feedback posted by you or any third party.

ARTICLE 12 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information in or relating to the Services may contain typographical errors, inaccuracies, or omissions, including product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any such errors and update or change information or cancel orders if information in the Services is inaccurate, at any time and without prior notice (including after you have placed an order).

ARTICLE 13 – PROHIBITED USES

You may use the Services only for lawful purposes. You agree not to access or use the Services, directly or indirectly:
(a) for unlawful or harmful activities;
(b) to violate any international, federal, state, provincial, or local laws or regulations;
(c) to infringe upon our intellectual property rights or those of others;
(d) to harass, abuse, insult, harm, defame, slander, intimidate, or discriminate against others;
(e) to submit false or misleading information;
(f) to upload, download, use, or reuse material that does not comply with these Terms;
(g) to transmit unsolicited advertising or promotional material, including junk mail, chain letters, or spam;
(h) to impersonate or attempt to impersonate another person or entity; or
(i) to engage in conduct that restricts or inhibits another user’s use of the Services, or that we deem harmful to Aka Archive, Shopify, or users of the Services.
You also agree not to:
(a) upload or transmit viruses or malicious code that may affect the functionality of the Services;
(b) reproduce, duplicate, copy, sell, resell, or exploit any part of the Services;
(c) collect or track personal information of others;
(d) spam, phish, pharm, pretext, spider, crawl, or scrape; or
(e) interfere with the security features of the Services, related websites, other websites, or the Internet.
We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any of these prohibitions.

ARTICLE 14 – TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) at any time, without notice, at our sole discretion. You remain liable for all amounts due up to and including the date of termination.
The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and all other provisions that by their nature should survive termination.

ARTICLE 15 – DISCLAIMER OF WARRANTIES

Information provided in or through the Services is offered for general informational purposes only. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is at your own risk. We disclaim all liability arising from any reliance placed on such information by you or any other person accessing the Services.
UNLESS EXPRESSLY STATED BY AKA ARCHIVE, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

ARTICLE 16 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, AKA ARCHIVE, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS, AS WELL AS SHOPIFY AND ITS AFFILIATES, SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND. THIS INCLUDES, BUT IS NOT LIMITED TO, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS OBTAINED THROUGH THE SERVICES.
THIS ALSO INCLUDES ANY CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING ANY ERRORS OR OMISSIONS IN CONTENT, OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF THE SERVICES OR CONTENT (OR PRODUCTS) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ARTICLE 17 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Aka Archive, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising out of or related to (1) your breach of these Terms or any referenced documents; (2) your violation of any law or the rights of a third party; or (3) your access to or use of the Services.
We will notify you of any claim subject to indemnification, though failure to provide timely notice will not relieve your obligations unless you are materially prejudiced. We may assume the defense and settlement of such claims at your expense. We will not settle any claim involving non-monetary obligations without your consent (not to be unreasonably withheld). You must cooperate as reasonably requested.

ARTICLE 18 – SEVERABILITY

If any provision of these Terms is deemed unlawful, void, or unenforceable, the remaining portion will remain enforceable to the maximum extent permitted by law. The unenforceable portion is deemed severed from these Terms, without affecting the validity of the remaining provisions.

ARTICLE 19 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms, together with any policies posted by us on this site or in connection with the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services. These Terms supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including prior versions of the Terms).
Any ambiguity in the interpretation of these Terms shall not be construed against the drafting party.

ARTICLE 20 – ASSIGNMENT

You may not delegate, transfer, or assign this Agreement or your rights or obligations under these Terms without our prior written consent. Any attempt to do so is void. We may assign or transfer these Terms or our rights and obligations without your consent.

ARTICLE 21 – GOVERNING LAW

These Terms of Service and any agreements under which we provide you the Services shall be governed by and construed in accordance with the laws and courts (federal and state or provincial) of the jurisdiction in which Aka Archive is headquartered. You and Aka Archive consent to the jurisdiction and venue of the applicable courts.

ARTICLE 22 – HEADINGS

Headings used in this Agreement are for convenience only and shall not affect the interpretation of these Terms.

ARTICLE 23 – CHANGES TO THE TERMS OF SERVICE

You may review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms. Updates and changes will be posted on our website. It is your responsibility to check our website periodically for changes. We will provide notice of material changes in accordance with applicable law. Such changes take effect on the date stated in the notice. Your continued access or use of the Services following any changes constitutes acceptance of the revised Terms.

ARTICLE 24 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at aka.archive.clothing@gmail.com.
Our contact details are listed below:
aka.archive.clothing@gmail.com
Zwaluwenstraat 59, 8400 Ostend
+32 479 45 57 09