TERMS AND CONDITIONS FOR ALL SALES

 These terms and conditions (the “Terms and Conditions”) govern the use of www.AkadoArmory.com (the “Site”). This Site is owned and operated by Akado LLC (Akado). This Site is an ecommerce website.

By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

 THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE AND A WAIVER AND RELEASE OF CLAIMS THAT IMPACTS YOUR RIGHTS. PLEASE READ THEM CAREFULLY.

Intellectual Property

All content published and made available on our Site is the property of Akado LLC and the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

 Age Restrictions

The minimum age to use our Site is 18 years old. By using this Site, users agree that they are over 18 years old. We do not assume any legal responsibility for false statements about age.

 Accounts
When you create an account on our Site, you agree to the following:

  1. You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
  2. All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.

We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.

 Sale of Goods

These Terms and Conditions govern the sale of goods available on our Site.

The following goods are available on our Site:

  • Sporting goods and equipment for traditional martial arts; and
  • Related accessories and garments.

These Terms and Conditions apply to all the goods that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods we provide. You agree to purchase goods from our Site at your own risk.

We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

 Third Party Goods and Services

Our Site may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Site.

 Payments

We accept the following payment methods on our Site:

  • Credit Card;
  • PayPal; and
  • Debit.

When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

 Shipping and Delivery

When you purchase goods from our Site, the goods will be delivered through one of the following methods:

  • Delivery by standard post or carrier services (e.g. FedEx, UPS, DHL, etc.).

Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforeseen circumstances. Please note that delivery times do not include weekends and statutory holidays.

You will be required to pay delivery charges in addition to the price for the goods you purchase.

If you purchase goods from us for delivery to a destination outside the United States your purchase may be subject to import duties and taxes applied by the destination country. You are responsible for paying any such duties or taxes. Please contact your local customs office for more information before making a purchase. We are not responsible for the payment of any such duties or taxes and are not liable for any failure by you to pay them.

You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.

If you order items where stock is identified as “Back-Order” on the website, this means that your products will be included in our next available shipments from our various suppliers. Our supply orders are, at most frequent, quarterly. So, by placing an order for a Back-Order stock item, you are accepting that delivery of that item may take weeks or months. By default, your order will not ship until we have all items in stock. We can work with you to separate your order and ship in stock items immeidately, note however that additional shipping charges may be incurred.

 Returns, Exchanges, Refunds, and Warranty Claims

All returns, exchanges, refunds, and warranty claims are subject to the Akado Returns and Exchanges Policy posted separately on our website and incorporated into this agreement by reference.

 Consumer Protection Law

Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

 Links to Other Websites

Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.

 Limitation of Liability

Akado LLC and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site. All other claims arising out these terms and conditions or any purchase or use of the goods shall not exceed the actual amount paid by you to Akado for the goods.

 Indemnity

Except where prohibited by law, by using this Site you indemnify and hold harmless Akado LLC and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

 Acknowledgement of Inherently Dangerous Activity, Waiver and Release of Claims

By accepting our Terms and Conditions and purchasing goods from the Site, you also hereby acknowledge the Akado “Acknowledgement of Inherently Dangerous Activity, Waiver and Release of Claims” also posted to the Site and hereby incorporated into this agreement by reference.

 Applicable Law and Venue

These Terms and Conditions are governed by the laws of the State of Oklahoma and the parties hereby agree to the exclusive jurisdiction and venue for any and all proceedings including suits and arbitration in Tulsa County, Oklahoma.

 Dispute Resolution

Subject to any exceptions specified in these Terms and Conditions, if you and Akado LLC are unable to resolve any dispute through informal discussion, then you and Akado LLC agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to both you and Akado LLC. The costs of any mediation or arbitration will be shared equally between you and Akado LLC.

Notwithstanding any other provision in these Terms and Conditions, you and Akado LLC agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.

 Severability

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

 Changes

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

 Contact Details

Please contact us if you have any questions or concerns please contact us at:
info@akadoarmory.com

Effective Date: 18th day of September, 2023.

 Acknowledgment of Inherently Dangerous Activity, Waiver and Release of Claims.

 In consideration of Akado LLC (Akado) providing me with it’s goods and services, the value and sufficiency of which is hereby acknowledged, I hereby acknowledge and accept the following:

 Training, combat, martial arts and other physical activities performed with swords or other weapons (of any type or material) “the Activity,” is AN INHERENTLY DANGEROUS ACTIVITY WITH A RISK OF SERIOUS INJURY INCLUDING BUT NOT LIMITED TO, BRAIN INJURY, THE LOSS OF LIMBS, BROKEN BONES, BLOOD LOSS, PERMANENT DISFIGUREMENT, AND DEATH.

 No amount of protective gear, proper instruction, supervision, reasonable safety precautions, or correct performance can eliminate the inherent risks. THERE IS NO SUCH THING AS A SAFE WEAPON AND THERE IS NO SAFE WAY TO SWING WEAPON AT ANOTHER PERSON.

 Akado and its representatives have made no assurances or warranties of my safety, the safety of the products provided, or the safety of the activity. I acknowledge that any such assurances provided in the future would be factually false and shall not be binding nor act to adhere liability to Akado, their staff members, or representatives or any person providing such assurances.

 I am ultimately, finally, and completely responsible for my own safety.

Reading, understanding, and agreeing to the above I am regardless putting myself at risk and voluntarily participating in the activity.

 In consideration of valuable products and services provided by Akado, their staff members, and representatives I hereby agree that use of their products and my participation in the activity is ENTIRELY AT MY OWN RISK. I WAIVE AND RELEASE ANY AND ALL CLAIMS AND CAUSES OF ACTION AGAINST AKADO, and all persons connected therewith, for all injuries and damages I sustain as a result of use of the products and participation in the activity regardless of cause and even if due to the negligence or willful misconduct of Akado or their representatives; and

 I understand by clicking accepting to this waiver that I am entering a legally binding agreement in an equivalent fashion to providing my physical signature on this document that Akado will rely on these statements, that the terms of this agreement are contractual in nature and are specifically designed to protect Akado and its owners, instructors, and representatives. Also, but for this waiver Akado would not agree to provide me with their products and services and this waiver is essential component of this transaction.

 Need to Return or Exchange?

We hope you loved your Akado purchase.  But we understand, life happens. If for any reason you change your mind and would like to return your purchase, here are the things you need to know.

  • Returns must be initiated within 30 days of receipt of merchandise based on your tracking information.
  • Customer will be responsible for shipping costs.
  • All items being returned must be in new, unwashed, and unworn condition.
  • Certain items are not returnable.
    • Used, worn or washed items
    • Custom Orders

Once we receive your return and verify its condition, we will immediately issue you’re a refund in the form of a store credit.

To initiate a return or exchange, contact us at: Orders@AkadoArmory.com.

 Error in your Order?

Akado wants to make sure you have an amazing experience with us.  Unfortunately, mistakes happen.  Please reach out to us with 30 days of receipt of your items, so we can make it right.

Contact us at: Orders@AkadoArmory.com

 What’s the Warranty?

Akado seeks to provide good quality and affordable products for martial artists. That said, nearly all items in our catalog, if used regularly, are “consumable” items. This means that if you use them, they will get used up.

It is also important to note that our products are often highly specialized and require maintenance. If you don’t clean and keep your sword oiled, it will rust. Your hilt will require new pegs and wrapping from time to time. If you don’t wash your jacket properly you may reduce its durability. If you don’t wash your jacket at all, you may find it hard to make friends. So please pay attention to the maintenance instructions we provide for each of our products.

With all of that said, we are proud to stand behind our products and we offer the following warranties:

  • Design
    • Whether it is our own published product details, or the custom designs provided by you, we promise that all products will meet their relevant specifications at the time they are delivered to you.
  • Manufacture
    • We promise that when you receive your products, they will be free from any significant defects in the manufacture. (I.e. there will be no scratches, dents, stains, discolorations, tears, or open seams, etc.)
  • Materials
    • Our products are designed and intended for rigorous use by martial artists.

 Warranty Details

  • We guarantee our swords blades against breakage for six (6) months from the date of purchase.
  • We guarantee our other Akado Armory protective gear for one (1) year from the date of purchase.

 Warranty Claims

If you need to submit a warranty claim, please see the important dates, details and contact information.

  • All visible manufacturer’s defects must be reported within thirty (30) days of receipt of merchandise based on your tracking information.
  • All other defects within thirty (30) days of you becoming aware of the issue and in no case later that the maximum warranty period (1 year or 6 months on blade breakage).

You will be responsible for the cost of shipping the product to use for validation of your warranty claim. If warranty claim is validated by Akado, we will refund you the amount paid for shipping and work with you to either arrange a refund or the delivery of replacement product.

To initiate a warranty claim, please contact us: Orders@AkadoArmory.com and we will guide you through the warranty process.

 Warranty Exclusions

Unfortunately, the field of battle is chaotic and dangerous, and we cannot protect you against every situation. Defects and damages resulting from the following situations and causes are specifically excluded from the above coverage.

  • Damage caused by improper or intentionally destructive usage. (e.g. heavy handed striking without control, striking against hard inanimate objects, etc.)
  • Damage caused by improper maintenance. (e.g. sword rust, clothing deterioration from improper cleaning, clothing tears caused by unaddressed blade chips.)
  • Damage to the cord, fittings or wood of our hilts from receiving direct impacts.
  • Minor bends or scratches to hand guards from receiving direct impacts.
  • Loosening of the hilt resulting in hand guard “rattle” due to direct impacts.
  • Minor chips in the blade due to heavy edge contact.
  • Minor “sets” in the blade that can be smoothed out.
  • Damage caused by the normal wear and tear of high contact sports.