TERMS AND CONDITIONS OF SALE
These Terms and Conditions of Sale (โTermsโ) set out the contractual framework governing all sales of products made by Advanced Resonance Kinetics SA, a company organized under the laws of Switzerland with registered offices at 15 rue du Jeu-de-lโArc, 1207 Geneva, Switzerland (โARKโ) or โthe Companyโ);
By placing an order through the Companyโs website or any associated platform, the customer expressly agrees to be bound by these Terms without reservation.
1. Governing Law and Jurisdiction
These Terms and any dispute arising out of, or in connection with, the purchase of products shall be governed exclusively by Swiss substantive law. The courts of the Canton of [insert canton], Switzerland, shall have exclusive jurisdiction. No foreign consumer legislation, including European Union or United States state consumer protection regimes, shall apply except where Swiss mandatory law provides otherwise.
2. Products
The Company offers for sale various goods, including ARK Crystals, glass bottles and associated accessories. Product descriptions, images and technical information are provided for indicative purposes only. The Company does not warrant that such information will be free from minor variations inherent to manufacturing processes or material differences.
3. Prices and Payment
Prices displayed on the website are stated in USD, EUR or any other currency as determined by region. Prices are exclusive of customs duties, import taxes, VAT, brokerage fees or any additional charges applied by carriers or financial institutions. The Company reserves the right to correct any error relating to pricing or stock availability at any moment prior to dispatch. Payment must be made in full at the time the order is placed.
4. Formation of the Contract
A contract of sale is formed only when the customer receives a written order confirmation from the Company. The Company may refuse an order where fraud is suspected, where the information provided by the customer is incomplete or inaccurate, or where the order appears abnormal in nature or quantity.
5. Modification or Cancellation of Orders
Once an order has entered the preparation phase, has been fulfilled, or has been transferred to a carrier, it may no longer be cancelled or modified by the customer. Delivery delays attributable to carriers, customs authorities or any external circumstances do not constitute a valid ground for cancellation, refund or compensation.
6. Shipping, Fulfilment and Delivery
Orders may be fulfilled either from the Companyโs logistics centre in France or from its facilities in the United States, depending on operational considerations. Standard fulfilment requires approximately three business days; public holidays in France or the United States may extend this period.
Delivery timelines communicated during checkout are estimates only. The Company declines all responsibility for delays arising from carrier operations, customs inspections, weather conditions or any other circumstances outside its control. A parcel shall be deemed delivered once indicated as such by the carrier. The Company shall not be held liable for theft, loss or damage occurring after delivery has been confirmed.
7. Customs, Duties and Import Taxes
For all shipments destined outside Switzerland or the European Union, the customer is solely responsible for the payment of all customs duties, import taxes and related administrative charges, whether they are collected at checkout or upon arrival in the destination country. These amounts shall not be refunded by the Company under any circumstance, including in the event of a return, refusal of delivery or destruction of the parcel by customs authorities. If the customer fails to settle such import charges and the parcel is returned or abandoned, no refund shall be issued by the Company.
8. Inspection at Delivery
The customer must examine the delivered goods immediately upon receipt and notify the Company of any apparent defect, breakage, missing item or delivery error within forty-eight (48) hours. Any claim submitted after this period shall be deemed inadmissible, and the Company shall bear no liability for issues related to transport or handling after delivery.
9. Returns and Withdrawal
Returns are governed by the Companyโs Return and Refund Policy, which forms an integral part of these Terms. Customers located in the United States do not benefit from an automatic statutory right of withdrawal. Returns shall only be accepted in accordance with the conditions expressly set out by the Company.
Products must be returned unused, unopened, and in a condition permitting resale. Goods sealed for hygiene or safety reasons (such as glass water bottles) cannot be returned if the protective seal has been broken or removed. All return shipping costs are borne exclusively by the customer. Customs duties, taxes and import charges already paid shall not be refunded. Items returned in a used, damaged or altered condition will be rejected.
10. Restocking Fees
For returns accepted by the Company but not arising from a verified manufacturing defect, the Company may apply a restocking fee, typically between fifteen percent (15%) and twenty-five percent (25%) of the value of the returned goods, to cover inspection, processing and administrative costs.
11. Warranty
Warranty claims are governed by the Companyโs Warranty Policy. Manufacturing defects affecting physical components are generally covered for a period of six months, unless otherwise specified. Glass bottles are expressly excluded from warranty coverage in the event of breakage occurring after delivery, due to their inherently fragile nature.
Damage resulting from misuse, impact, exposure to water or humidity, improper handling or negligence is excluded from all warranty obligations. The Company may request supporting photographs or additional information prior to authorising a warranty return. Any preliminary indication by customer service shall not constitute a final decision; final assessment is made only after physical inspection of the returned product.
12. Limitation of Liability
To the fullest extent permitted under Swiss law, the Company shall not be liable for indirect, consequential or financial losses, nor for any damages caused by misuse, negligence, impact, exposure to water or humidity, wear and tear, or any circumstance beyond its control. Liability for any claim relating to a purchased product shall be limited strictly to the amount paid by the customer for said product.
13. Force Majeure
The Company shall not be held liable for any delay or failure in the performance of its obligations resulting from events beyond its reasonable control, including but not limited to natural disasters, wars, strikes, governmental restrictions, pandemics, transportation disruptions or any other event qualifying as force majeure under Swiss law.
14. Intellectual Property
All trademarks, images, text, designs and other content displayed on the Companyโs website or materials remain the exclusive property of the Company. Any reproduction or use without prior written consent is strictly prohibited.
15. Personal Data
The processing of customer data is governed by the Companyโs Privacy Policy, available on its website.
16. Amendments
The Company reserves the right to amend these Terms at any time. The version applicable to a given order is the version in force on the date the order is placed.
DISCLAIMER
ยฉ 2024 ARK Technology NEVER place the ARK crystal directly in water.
Statements made on this site have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease. Do not wear the ARK Technology if you have a pacemaker. All scientific and technological statements, definitions, and uses of ARK Technology are provided as a means of education, and are not to be considered as a substitute for conventional medicine. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Keep ARK Technology out of reach of children. No young child should ever be left unattended with any product, as small parts may become loose & pose a choking hazard. All ARK Crystal LLC products are for external use only. Read full disclaimer here.