Please read the terms of service before using the services of Akiya
Intro
Akiya offers an online service that automates the creation and sale of personalized items like t-shirts. When you use Akiya and its services in any way, you are implicitly accepting the terms and conditions outlined in this Agreement. You commit to using the website and its services strictly in accordance with the rules specified in this Agreement.
User agreement
If you breach this User Agreement in any way, you could face immediate consequences such as the removal of your collections or clothing items, potential loss of profits, and the possibility of your account being suspended or terminated. Akiya provides its website and related services to you, referred to as the “Seller” or “you,” under the terms of this User Agreement, which encompasses various policies including the Intellectual Property Complaint Policy, Counter-Notice Policy, Repeat Intellectual Property Complaint Policy, Refund Policy, and Privacy Policy. Collectively, these documents constitute the “Terms of Service,” and all the terms and responsibilities outlined in these policies are considered integral parts of this agreement.
Arrangement between the parties
Under the conditions and provisions of this Agreement, Akiya is obligated to indirectly produce and deliver the merchandise, as per the specifications and arrangements made by the Seller throughout the duration of the Agreement
Ordering and delivery procedure
The process for placing orders related to merchandise sales will follow the mutually agreed-upon steps outlined on Akiya’s website. Unless there is a written agreement to the contrary between the parties, Akiya will choose the shipping method and carrier for the merchandise. Any delivery timeframe mentioned is approximate; nonetheless, Akiya will make reasonable efforts to ensure that all merchandise is delivered by or on the requested delivery date. It’s important to note that any delay in shipping or delivery doesn’t release the Seller from their responsibilities as per this Agreement.
Print variance
The creation of the product is derived from the artwork supplied by the seller, along with their estimated placement preferences. The size and precise placement of the print may differ depending on the product’s dimensions. We strive to closely match the colors to the provided artwork, and if stock availability becomes an issue, Akiya may replace products with similar alternatives. However, it’s important to note that we cannot guarantee the exact print size, placement, or colors.
Price and payment
The seller has the authority to set the price for each collection’s merchandise, and Akiya will withhold its established base price, which includes the cost of production (along with any supplementary costs and fees deemed necessary by Akiya to adhere to this Agreement) and shipping from the customer’s payment. The remaining amount, minus any service or processing fees, will then be paid to the seller as their profits (“Seller Profits”). In cases involving refunds, returns, or chargebacks linked to these sales, these amounts may be subtracted from the seller’s existing and upcoming Seller Profits.
Marketplace
By hosting your shop on the Akiya Marketplace, you are granting permission to Akiya to channel visitors to your shop in exchange for a Marketplace Fee whenever a sale is generated through Akiya. This fee will be deducted from your Seller Profits. This also authorizes Akiya to feature your shop in various categories, emails, and promotional efforts, all of which are subject to the same Marketplace Fee. When your shop is listed on the Akiya Marketplace, it becomes eligible for Affiliates to promote your campaigns using their Affiliate ID. Any sales generated by Affiliates will incur Affiliate Fees. Once your shop is made available to Affiliates, this status cannot be revoked as long as your shop is active. Even if your shop is removed from the Akiya Marketplace, Affiliates can still promote it. Akiya reserves the right to display or remove any shop from the Akiya Marketplace at its discretion and for any reason.
Seller account and security
It is your duty to safeguard the secrecy of your password and account login information, if applicable. You are entirely accountable for any and all actions carried out using your password or account. If you suspect any unauthorized access or a breach of security involving your password or account, please inform Akiya promptly. Akiya maintains the right to deactivate accounts, shops, or payments that have been inactive or unattended for a duration of six (6) months or longer.
Seller account misuse
If you consistently upload an excessive volume of data, engage in fraudulent or unlawful activities, violate the Terms of Service or any other Akiya policies, or misuse the service in an excessive or unreasonable manner, Akiya has the authority, at it’s discretion, to take actions such as canceling your shop, limiting or terminating your account, and holding or disbursing any earnings linked to that account.
By creating a shop on the Akiya website:
1. You agree to accept and abide by Akiya’s Terms of Service in their entirety.
2. Regarding any trademarks, service marks, or copyrights that you have obtained a license for from their respective owners (referred to as the “Licensed Rights”), you commit to adhering to any limitations or terms imposed on the utilization of these Licensed Rights.
3. You acknowledge and confirm that you possess the ownership or licensing rights for all content, including artwork and text, that you generate or upload. This includes trademarks and copyrights connected to such materials. If you do not own these rights, you agree to provide Akiya with proof of permission granted to you by the rightful owner.
4. You consent that the shop’s description and title, whether independently or when combined with the content and visuals displayed on the merchandise, do not violate the rights of any third party.
5. You comprehend and accept that Akiya has the authority to eliminate any content that might be perceived as endorsing hatred, violence, racial discrimination, or profiting from criminal activities.
6. You acknowledge and consent that Akiya, at its exclusive discretion, may provide your contact details to a third party who credibly asserts, in accordance with Akiya’s Intellectual Property Complaint Policy outlined below, that there has been unauthorized utilization of their intellectual property.
7. You acknowledge and agree that Akiya retains the authority, solely at its discretion, to remove any content at any time, without needing a specific reason or cause.
8. If Akiya receives a complaint of infringement that aligns with Akiya’s Intellectual Property Complaint Policy, Akiya, at its sole discretion, may decide to promptly cancel your shop, potentially result in the loss of any earnings, and suspend or terminate your account with Akiya.
9. You commit to refraining from supplying false information in your shop, which encompasses but is not restricted to, inaccurate details about the quantity of products available for sale, the source of product production, or the designated beneficiary of profits.
10. You consent not to use information provided in your shop to seek out potential buyers for anything other than the primary product(s) for sale. This entails refraining from promoting activities like raffles, contests, or any other methods that suggest additional opportunities beyond purchasing the main item offered for sale.
11. You commit to protect, reimburse, and absolve Akiya and its associated entities from any claims, losses, expenses, including legal fees, damages, or costs, that may arise due to your utilization of Akiya’s website and services, your breach of this Agreement, or any infringement of another party’s rights.
12. You acknowledge that Akiya cannot be held accountable for any incidental, secondary, or exceptional damages, such as lost profits, connected to any measures Akiya takes in compliance with this Agreement or your use of the Akiya service.
Intellectual property complaint policy
Akiya prohibits users from using the service to sell items that may violate the intellectual property rights of third parties, including copyrights, trademarks, trade dress, and rights of publicity. Akiya will only consider complaints of potential infringement from parties who own or possess exclusive rights to such intellectual property. Akiya is not equipped to mediate disputes. If you believe that a shop is featuring unauthorized content, upon receiving the specified information, Akiya will share your message and contact details with the shop owner. Akiya will instruct the shop owner to get in touch with you within seven (7) days to address the dispute. If the shop owner fails to reach out to you or if the matter remains unresolved to your satisfaction, please inform us. In situations involving alleged infringement, Akiya may, at its sole discretion, remove the shop and reimburse all buyers, provided that the conditions outlined below are met.
Counter-notice policy
If you believe that a claim of intellectual property infringement was made in error or due to a misidentification, you have the option to file a counter-notice. However, it’s essential to be truthful in your counter-notice; making a significant misrepresentation that your design does not infringe upon the intellectual property may lead to you being held responsible for damages incurred by the intellectual property owner, including their legal costs. Therefore, if you are uncertain about whether your material infringes on someone’s intellectual property, it is advisable to consult with a lawyer before proceeding with the counter-notice. When you submit a counter-notice, a copy of it may be shared with the party who initially complained, informing them that Akiya could reinstate the removed content or stop disabling it within 10 business days. Unless the intellectual property owner takes legal action to obtain a court order against you, the removed material might be reinstated or access to it may be restored within 10 to 14 business days after Akiya receives the counter-notice.
Binding of this agreement
The parties involved have the clear intention that the specific terms and conditions outlined in this Agreement, which also include any attached schedules and exhibits, along with the pricing terms defined for each shop, will solely regulate and dictate the rights and responsibilities of each party concerning the subject matter of this Agreement. This Agreement is explicitly confined to these specified terms and conditions. Any effort to change, replace, enhance, or otherwise amend this Agreement will not alter the terms of this Agreement or be legally binding on the parties unless these modifications have been completely accepted through a signed written agreement by both parties.
Relationship of the parties
This Agreement and the Terms of Service do not establish any agency, joint venture, partnership, or similar collaborative arrangement, nor do they create an employment or fiduciary relationship between the parties. Neither party possesses any explicit or implied rights or authority to presume or establish any obligations on behalf of the other party or to legally obligate the other party to any contract, agreement, or commitment with any third party.
Entire agreement
This Agreement (including the Terms of Service) represents the complete agreement between the parties regarding the subject matter discussed here and replaces all previous and concurrent comprehensions, agreements, statements, and assurances, whether oral or written, concerning this subject matter. The Seller cannot transfer any of its rights or hand over any of its responsibilities under this Agreement unless Akiya grants prior written approval. On the other hand, Akiya retains the freedom to assign its rights or delegate its obligations under this Agreement at its own discretion.
Severability
In case any term or provision of this Agreement (or the Terms of Service) is deemed invalid, unlawful, or unenforceable in a particular jurisdiction, such a circumstance does not impact the validity, legality, or enforceability of any other term or provision within this Agreement (or the Terms of Service). Additionally, it does not render that term or provision invalid or unenforceable in any other jurisdiction.
Governing law
This Agreement and the Terms of Service shall be governed by the laws of Sweden, without giving effect to the principles of conflicts of laws. Each party consents to the personal jurisdiction of the Swedish courts. Each party agrees that any such court shall have in personam jurisdiction over such party and consents to service of process by notice sent to the address provided by the party and/or by any means authorized by Swedish law.
Return policy
Akiya is dedicated to maintaining rigorous quality standards when printing clothes and ensuring timely and accurate deliveries. Akiya has a return policy that allows for refunds or replacements to be issued up to 14 days after purchase. These reasons include product defects, subpar printing quality, or a significant disparity between the final product and the design initially presented in the shop.
API-orders (3rd party applications)
To seek reimbursement or replacement for items that are misprinted, damaged, or defective, you must make a claim within 3 years of purchase and provide evidence such as photos that the damage, misprint or defect is caused during production or delivery. Items damaged by customers do not make you qualified to seek reimbursement or replacement.
API Policy
All content within any Akiya API Application is the exclusive property of Akiya, and all rights are reserved. The information and images presented on the platform cannot be reproduced or utilized in any way without prior written consent. Sellers are prohibited from using offensive, abusive, vulgar, discourteous, or illegal language. Additionally, they must refrain from posting or transmitting any information or materials that could infringe upon the rights of third parties or contain harmful elements such as viruses. Akiya retains the authority to edit or remove any messages or materials submitted by Sellers. Akiya utilizes third-party platforms to provide enhanced tools and services to Sellers, provided they agree to all the terms, conditions, policies, and notices outlined herein. By accessing the Akiya application, making purchases through Akiya, or engaging in any part of Akiya’s services, Sellers become participants in Akiya’s service and commit to adhere to the Terms of Service detailed below. All the terms and responsibilities established in the aforementioned policies are integrated by reference. These Terms of Service apply to all individuals using the Akiya application, including but not limited to users who browse, customers, Sellers, contributors of content, and Akiya itself. If Sellers do not agree to all the terms and conditions outlined in this agreement, they are not permitted to access the application, website, or utilize any Akiya services. Any new features or tools introduced in the Akiya application are also subject to the current Terms of Service. The most up-to-date version of these terms can be found on this page at any time. Akiya maintains the right to update, modify, or replace any part or portions of these Terms of Service by posting updates or changes on the company’s website. Please note that Akiya is not responsible for directly notifying Sellers or third-party customers (Buyers) of such updates. Continued use of the Akiya Application or access to it following the posting of any service modifications implies acceptance of these updates to the Terms of Service. It’s important to mention that Akiya does not handle or take responsibility for Seller services, including payment processing, returns, refunds, or exchanges. Additionally, Akiya is not accountable for handling Seller customer service matters. This agreement remains effective until terminated by either party. Sellers have the option to terminate this agreement at any time by discontinuing their use of the Akiya Application and deleting all materials obtained from it.
Refunds/Returns/Exchanges
Third-party customers must report any issues related to misprinted, damaged, or defective items to Akiya through the 3rd Party Platform Seller within 14 days of receiving the product. If the product displays flaws, poor printing quality, or significant deviations from the design initially presented on the Akiya Application, Akiya will proceed to reprint and reship the new product to the third-party customer at no extra cost. However, Akiya mandates visual confirmation, which includes photographic evidence, from the third-party customer to substantiate the claim. Claims lacking visual confirmation will not be processed by Akiya. If a third-party customer is dissatisfied with their purchase, even if there is no physical defect with the product, it becomes the responsibility of the Seller to directly address the issue with the third-party customer, should they choose to do so. Akiya does not manage or oversee refunds, returns, reshipments, or exchanges stemming from general customer dissatisfaction in the absence of defects. Sellers are required to manually input their business address into the Akiya application. If a Seller neglects to add their business address, resulting in the product being returned to Akiya, Akiya cannot be held responsible for reshipping the product or refunding production and shipping costs.
Lost/Stolen
Akiya does not provide a guarantee for domestic or international shipments and does not manage returns or exchanges. In particular, some countries are considered to be “high risk” when it comes to issues like lost, stolen, or shipments that go missing during transit. Shipping Akiya products both domestically and internationally carries the sole responsibility of the Seller. Akiya cannot be held accountable for shipments that do not reach their destination successfully. Regarding international shipments, certain countries do not offer international tracking once the shipment has left the origin country. If a Seller encounters a situation involving a lost or delayed international shipment, they should advise the third-party customer to contact their local post office to inquire about the carrier responsible for the shipment in their country. Akiya is not responsible for providing a list of countries considered “high risk” nor for reaching out to the third-party carrier on behalf of the Seller or the third-party customer.
Printing/Production
Akiya prohibits Sellers from utilizing the service to market items that infringe upon the intellectual property rights of third parties, such as copyright, trademark, trade dress, and right of publicity. The production of merchandise relies on the artwork and mock-up provided by the Seller (the 3rd Party Platform seller). The print size may vary depending on the specific product dimensions. Colors are matched to the artwork to the best extent possible, and in cases of stock shortages, Akiya may substitute with similar products. Please note that the precise print size, placement, and colors cannot be guaranteed. Sellers are responsible for monitoring their “Action Required” tab within the 3rd Party Platform, and it is their obligation to take manual action in case of address or payment issues. The Seller must resolve these issues on their own before Akiya can proceed with production. Akiya bears no responsibility for orders that cannot be processed due to these aforementioned problems.