Website
By accessing this website (the "Site") you are agreeing
to these Terms, whether or not you register as a user
Welcome to our website. If you continue to browse and use this
website you are agreeing to comply with and be bound by the following
terms and conditions of use, which together with our privacy policy
govern Evolution Squared's relationship with you in relation to
this website.
The term ‘Evolution Squared' or 'us' or 'we' refers to the owner
of the website whose registered office is [address]. Our company
registration number is [company registration number and place
of registration]. The term 'you' refers to the user or viewer
of our website.
The use of this website is subject to the following terms of use:
• The content of the pages of this website is for your general
information and use only. It is subject to change without notice.
• Neither we nor any third parties provide any warranty or guarantee
as to the accuracy, timeliness, performance, completeness or suitability
of the information and materials found or offered on this website
for any particular purpose. You acknowledge that such information
and materials may contain inaccuracies or errors and we expressly
exclude liability for any such inaccuracies or errors to the fullest
extent permitted by law.
• Your use of any information or materials on this website is
entirely at your own risk, for which we shall not be liable. It
shall be your own responsibility to ensure that any products,
services or information available through this website meet your
specific requirements.
• This website contains material which is owned by or licensed
to us. This material includes, but is not limited to, the design,
layout, look, appearance and graphics. Reproduction is prohibited
other than in accordance with the copyright notice, which forms
part of these terms and conditions.
• All trade marks reproduced in this website which are not the
property of, or licensed to, the operator are acknowledged on
the website.
• Unauthorised use of this website may give rise to a claim for
damages and/or be a criminal offence.
• From time to time this website may also include links to other
websites. These links are provided for your convenience to provide
further information. They do not signify that we endorse the website(s).
We have no responsibility for the content of the linked website(s).
• You may not create a link to this website from another website
or document without Evolution Squared 's prior written consent.
• Your use of this website and any dispute arising out of such
use of the website is subject to the laws of England, Scotland
and Wales.
The
information contained in this website is for general information
purposes only. The information is provided by Evolution Squared
and while we endeavour to keep the information up to date and
correct, we make no representations or warranties of any kind,
express or implied, about the completeness, accuracy, reliability,
suitability or availability with respect to the website or the
information, products, services, or related graphics contained
on the website for any purpose. Any reliance you place on such
information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including
without limitation, indirect or consequential loss or damage,
or any loss or damage whatsoever arising from loss of data or
profits arising out of, or in connection with, the use of this
website.
Through this website you are able to link to other websites which
are not under the control of Evolution Squared. We have no control
over the nature, content and availability of those sites. The
inclusion of any links does not necessarily imply a recommendation
or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly.
However, Evolution Squared takes no responsibility for, and will
not be liable for, the website being temporarily unavailable due
to technical issues beyond our control.
Retail
T&C
Products and services (Products)
are sold and supplied by Evolution Squared on the following retail
terms and conditions of sale. Where applicable special terms and
conditions of sale are specified in Evolution Squared catalogues,
price lists, or other literature.
Payment
Products are payable to and at the following address.
Evolution Squared
27 Oxford rd
Worthing
W Sussex
BN11 1XQ
UK
All business is on a proforma basis unless otherwise agreed.
Non-payment by the due date entitles Evolution Squared to cancel
the contract or to suspend deliveries without further notice.
Price
Evolution Squared price lists do not constitute an offer.
All prices are exclusive of any VAT at the current rate, which
the customer shall be additionally liable to pay to Evolution
Squared.
Uncontrollable
events and delays
In case of delays caused by circumstances beyond the control of
Evolution Squared or Evolution Squared suppliers, Evolution Squared
have the right to either suspend deliveries or cancel the contract
without liability.
By way of example and not of limitation, the following are to
be treated as uncontrollable events: strike, riot, war, epidemic,
official regulations, machine breakdowns, fire, failure of suppliers,
or other causes, whether similar or not.
Law of the contract
In the case of legal disputes, the law and the courts of England
shall apply.
Customer
order conditions
Any provisions of the customer’s order which conflict with, or
are in addition to, the retail terms and conditions of sale and
conditions of sale or any special terms of business shall be excluded.
Consequences of the non-application
of a clause in the present Terms and Conditions of Sale.
Should any of these general terms of business and conditions of
sale be inapplicable, will not imply that the rest of the present
terms do not remain valid.
Verbal
Agreements
Any verbal agreement which does not conform to the present terms,
shall not be binding on Evolution Squared unless it has been confirmed
by Evolution Squared in writing.
Payment
Payment must be received by Evolution Squared prior to shipment.
Payment can be made by either cheque,
or transfer of funds directly to our bank.
Delivery
1. Products supplied by Evolution Squared are delivered at the
risk of Evolution Squared unless a customer stipulates a special
method of delivery, in which event Products are delivered at the
risk of the customer and an extra charge may be made for delivery.
2. Any stated delivery date constitutes only a warranty by Evolution
Squared to use reasonable endeavours to affect delivery by or
about the due date. No liability will be accepted by Evolution
Squared for failure to meet delivery dates, however caused.
3. In any event, any liability for loss or damage in the course
of delivery shall in all circumstances whatsoever be limited (at
the option of Evolution Squared) to the repair or replacement
of the Products concerned or to the crediting of the customer
with the invoice value of such products.
4. In the event of damage, the customer must advise Evolution
Squared of said damages within 48 hours of delivery in writing
or email. No claim for damages will be allowed if advice is beyond
this time limit.
5. Standard delivery charges are £5.00, UK or £12.00, Ireland
unless otherwise stated.
Returns
procedure
Product may only be returned to Evolution Squared after first
obtaining Evolution Squared’s agreement to do so.
Whenever Evolution Squared agrees to accept goods for return,
it will do so by issuing a returns document. Any items received
at Evolution Squared that do not clearly display a returns number,
will be rejected. All returns must be completed within 10 working
days of the issue of a returns number unless otherwise agreed.
Any product that has been received by an end-user and deemed to
be non-working or faulty, within
10 days from date of end-user invoice, will be termed defective.
Provided the defect is confirmed by Evolution Squared technical
support and the end-user proof of purchase date is supplied, such
products will be replaced for a new unit, stocks permitting or
for a purchase price credit, where stocks are no longer available.
Any products exceeding this 10 day period will not qualify for
replacement or credit and will fall under the standard warranty
terms and conditions of the manufacturer.
Warranty
All products are supplied with the manufacturer’s warranty agreement
and warranty process.
Damaged
Goods
Any Product received visibly damaged must be notified, in writing
or email, to Evolution Squared within 48 hours of receipt. All
such units will be replaced provided the damage was incurred prior
to receipt by either the customer or the customer carrier.
Receiving
Errors
Receipts of incorrect shipments must be notified, in writing or
email, to Evolution Squared within 48 hours of delivery. All such
disputes will be resolved through arbitration using all the information
available at that time e.g. proof of delivery.
Undamaged,
non-defective goods
Generally, non-defective, undamaged goods will only be accepted
back where they have not been supplied to order. In special circumstances,
Evolution Squared may allow the return of non-defective goods;
however such returns will be on a case-by-case basis and be subject
to a restocking fee. Such requests should be made to Evolution
Squared’s sales department. All non-defective returns will only
be accepted for units that are received at Evolution Squared in
prime condition i.e. undamaged, unmarked, unopened and together
with any accessories as originally supplied. The customer is entirely
responsible for the transportation and packaging of such goods.
Title
and risk
Until full payment has been received by Evolution Squared for
all products, supplied at any time by Evolution Squared to the
customer the property of the products shall remain that of Evolution
Squared.
Where payment is made by cheque, Evolution Squared shall not be
deemed to have received payment until the cheque has cleared.
Risk in the Products shall pass to the customer on delivery except
where the customer requires a special method of shipment in which
case risk shall pass to the customer when the products leave Evolution
Squared premises.
Limitation
of Liability
Evolution Squared will repair or at its option, replace or credit
the customer with the invoice value of any products found to be
defective in all circumstances whatsoever the liability of Evolution
Squared, in respect of any failure to comply with the contract
or other breach of duty shall be limited to such repair, replacement
or credit. Evolution Squared accept no responsibility for any
damages or injury caused by use of any of its products.
Amendments
Evolution Squared reserve the right to alter or amend these Retail
Terms and Conditions of Sale.
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