These Terms and Conditions of Trade are the terms on which Evolve RX Ltd located at Lynwood, Station Road, Otley, LS21 3HX, United Kingdom provide merchandise ("Goods") to you ("You"/"Your") as a consumer via our web sites, including, without limitation: www.evolve-rx.com; and any additional shopping sites that we may create from time to time to purchase product and also as a resource for information and entertainment (collectively the "Web Sites").
You may keep a copy of these Terms and Conditions of Trade for future reference. Print or download and save them. We will file a copy of any Orders made by You.
Please read these Terms and Conditions of Trade carefully before ordering. You should understand that by ordering Our Goods, You agree to be bound by these Terms and Conditions of Trade.
1. INFORMATION ABOUT US
1.1 We are Evolve RX Ltd trading as a private limited company in the United Kingdom.
Company No. 09560927 (UK & Wales), registered address is Lynwood, Station Road, Otley, LS21 3HX, United Kingdom.
1.2 If you have any questions, complaints or comments about the Websites then You may contact Us as follows:
2. OUR CONTRACT
2.1 Your order ("Order") constitutes an offer to Us to buy the Goods you select via your Order on the Web Sites. All Orders are subject to availability and acceptance by Us. We will send You an email acknowledging receipt of Your Order. Please note that this does not constitute acceptance by Us. The contract for purchase of the Goods is agreed and accepted by Us only when We send You an email dispatch confirmation.
3. REGISTRATION, PASSWORDS AND SECURITY
3.1 You have the option to open an account via the Web Sites to place Orders. On registration of an on-line account, You will select a Password and User Name that You can use to access Your on-line account.
3.2 You are responsible for maintaining the confidentiality of Your Password and User Name and are responsible for all activities that occur under them. We do not have the means to check the identity of people using the Web Site and will not be liable where Your Password or User Name is used by someone else (unless such use is due to our negligence).
3.3 You agree to notify Us immediately of any unauthorised use of Your Password or User Name of which You become aware.
4. YOUR STATUS
If you are under 18 years old you are not authorized to make a transaction or register an account with Us on the Web Sites. By placing an Order through the Web Sites, You confirm that You are legally capable of entering into binding contracts and You are at least 18 years old. If you are not legally capable of entering into contracts, We are legally entitled to cancel the order with You and will not be obliged to supply the Goods.
5. PRICES AND DELIVERY
5.1 The price of the Goods is as stated on the Web Sites from time to time and as confirmed to You as part of the Order process when We confirm Our acceptance of Your Order to You (except in the case of obvious error). Prices shown are inclusive of UK Value Added Tax.
5.2 Prices are checked regularly. However, if We find the price has changed or that there has been a pricing error when We receive Your Order We will contact You and ask if You wish to proceed at the correct price. If You confirm that You do wish to proceed, then your confirmation constitutes a new Order to us and please remember that We will not be under an obligation to supply the Goods until We have sent You an email dispatch confirmation.
5.3 Goods will be dispatched by Royal Mail, 2nd Class Signed For post.
5.4 Prices shown on the Web Sites do not include delivery. Our delivery charges are as follows and will be confirmed to You during the Order process:
Within the United Kingdom
Standard 0kg > 1kg - £4.00
Standard 1kg > 2kg - £5.00
Rest of World
Parcelforce Worldwide Courier - £14.00
5.5 We shall endeavor to dispatch the Goods to You as soon as possible after You place Your Order, normally within 2-3 working days if the Goods are in stock, and in any event within 30 days beginning on the day after You place Your Order. If We are unable to dispatch the Goods within that time We will email as soon as possible to let You know and give You an estimated delivery date and You will have the right to cancel Your Order and receive a full refund as set out in that email.
5.6 As soon as the Goods are delivered to You, You are responsible for them. If a parcel is damaged, please notify us via email email@example.com by 5pm the next working day.
5.7 Payment for all Goods must be by credit / debit card via our online secure service with Paypal.com. We accept payment with Visa, MasterCard, American Express, Maestro, Maestro International, Visa Electron, JCB cards via PayPal.
5.8 At the point when We send You an email order confirmation, We will process the payment details You have given to us to take payment for Your order. If You have placed an order using PayPal, You will be charged as soon as the order is Confirmed. We will process payment for all the Goods including any back ordered Goods. Any back ordered Goods will be shipped when they are in stock. You may cancel Your order of back ordered Goods before the point of shipment by contacting Customer Services by email or telephone.
For Your security, when using a credit/debit card, the billing name, address and phone number must match that of the credit/debit card used for payment. We reserve the right to cancel any order that does not match these criteria.
6. RETURNS AND CANCELLATION
6.1 We want You to be happy with Your purchase from Us. If you are unhappy with the Goods in any way please contact Our Customer Service Team via email or letter as provided above.
6.2 Nothing in these Terms and Conditions of Trade is intended to affect Your statutory rights. These rights include:
6.2.1 That any Goods supplied by Us will be of satisfactory quality, fit for their intended purpose, and will conform to the description given;
6.2.2 certain remedies if Goods are defective; and
6.2.3 Except for customised Goods, a right to cancel within a specified period and receive a full refund even if they are not defective as is set out in paragraph 6.3 below.
If you are not 100% satisfied with your purchase, return it within 7 days of receipt and in saleable, unworn, unsoiled condition for a refund or like-for-like exchange.
Returns are only accepted online for products purchased directly from www.evolve-rx.com, if you have purchased from a third party or retail partner then they must arrange your return or exchange.
If on receipt of your product, you are uncertain about your purchase please keep your product in the original packaging until you have decided whether or not you wish to keep it. All returns should be in ‘as new’ condition, both unwashed and unworn.
When returning items to Evolve RX Ltd, please ensure the product is well packaged and protected from damage in transit.
Gifted products can only be refunded to the original purchaser or a credit note can be provided to the gift recipient. Gift exchanges will show on the order history of the original purchaser.
All gift cards are non-refundable.
If you would like to make an exchange on your purchase please follow the steps in the section ‘How to make a Return’. Exchanges can be made on a like-for-like basis, this means a different size or colour of the same product. If you would like a different product, please use the same process to return the item for a refund and place a new order.
Evolve RX Ltd is committed to product excellence and stands behind the quality of the products it produces, although, from time-to-time manufacturing faults can and do occur. If you think your product has a suffered a manufacturing fault please contact us. Items that are damaged as a result of excessive or long term usage are not considered faulty. Returned items that have been worn should be laundered before return, receipt of unwashed garments may result in your product being returned to sender.
How To Make a Return
You must email Us at firstname.lastname@example.org and notify us about the request to return or exchange the item within 7 days of the purchase date. You must highlight the reason for return or exchange within the email as well as the condition of the garment and in case of an exchange, what item you would like to exchange the purchased product for. We will then contact you with acknowledgement of the return/exchange and forward on the next steps for you to take.
Please post the package back according to your location to one of the following returns addresses:
All UK, Europe and Rest of the World Returns:
Returns, Evolve RX Ltd, Lynwood, Station Road, Otley, LS21 3HX, United Kingdom
NB: Please ensure that you dispatch your return with enough carriage for the item and that it is sent either tracked or signed for with proof of postage. Evolve RX Ltd are not responsible for and are not liable for any items lost in transit. All carrier choice is at your own risk, we can not take responsibility for loss or damage caused by independent carriers.
6.3.3 If Your Goods are faulty or do not meet the description given on the Web Sites, please contact us as soon as possible via email as given above to arrange a return and replacement of Goods. If you require a refund, We will refund the value of your order for those Goods (including any delivery charges).
6.3.4 Please note that if You fail to take reasonable care of returned Goods, or fail to return the Goods to Us, We will be entitled to make a claim against you for any losses which we suffer.
6.3.5 Please note that We are unable to accept returns for customised Goods unless they are faulty.
Your cancellation rights under the Consumer Protection (Distance Selling) Regulations 2000
6.3.6 For all Goods other than customised Goods, consumers have a right under the Consumer Protection (Distance Selling) Regulations 2000 to cancel orders during the period of fourteen working days beginning with the day after the day on which You receive the goods. Customers outside the UK have fourteen (14) days to cancel orders under these rights. If you wish to rely on your statutory rights, You are required to cover the cost of returning the cancelled items to Us.
6.3.7 All refunds will be made within 30 days of notice of cancellation.
7. LIMITATIONS ON OUR LIABILITY TO YOU
7.1 Nothing in these Terms and Conditions of Trade shall:
7.1.1 exclude or limit Our liability:
(a) for fraud, fraudulent misrepresentation or our Gross negligence or the gross negligence of Our employees or agents;
(b) for death or personal injury resulting from Our negligence or the negligence of Our employees or agents;
(i) section 2(3) of the Consumer Protection Act 1987;
(ii) Articles 1641, 1386-1 and 2114-4 and seq. of the French Consumer Code; and
(iii) the German Product Liability Act.
(d) for any matter for which it would be illegal for us to exclude, or attempt, our liability.
7.1.2 restrict Your statutory rights (See 6.2 above).
7.2 Subject to paragraph 7.1 above, and unless prohibited by Your local statutory law, these Terms and Conditions of Trade shall not:
7.2.1 make Us responsible for any damage or loss caused to You where such damage or loss is not reasonably foreseeable to You and Us when You agree to these Terms and Conditions of Trade, including where the damage or loss results from Our breach of these Terms and Conditions of Trade; or
7.2.2 make Us responsible for any damage or loss caused to You where You are not entering into these Terms and Conditions of Trade as a consumer (as defined under Your local statutory law).
7.3 our aggregate liability to You for any loss or damage arising in connection with these Terms and Conditions of Trade shall be limited in respect of each claim to the purchase price of Your Order or Orders.
7.4 We are not responsible for any delay or failure to comply with Our obligations under these Terms and Conditions of Trade if the delay or failure arises out of any event which is beyond Our control. Such events shall include, without limitation, failure of infrastructure, government intervention, wars, civil commotion, hijacking, fire, flood, accident, storm, strikes, lockouts, terrorist attacks or industrial action affecting Us or Our suppliers.
8. DATA PROCESSING AND PRIVACY
9. ELECTRONIC COMMUNICATIONS
By using these Web Sites, You accept that communication with Us will mainly be electronic. We will contact You by email or provide You with information by posting notices on these Web Sites. For contractual purposes, You consent to receive communications from Us electronically (to the most recent email address you have provided to us) and You agree that all agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.
10.1 We reserve the right to change or update these Terms and Conditions of Trade from time to time. Revised Terms and Conditions of Trade will be published on these WebSites and, where practical, We will endeavour to alert users to key changes via the homepage. In any case such changes and updates will not affect transactions in process resulting from an order placed before publishing such changes and updates.
10.2 If any of these Terms and Conditions of Trade are determined to be illegal, invalid or otherwise unenforceable by reason of law then, to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining Terms and Conditions of Trade shall survive, remain in full force and effect and continue to be binding and enforceable.
10.3 If You breach these Terms and Conditions of Trade and We take no action, We will still be entitled to use Our rights and remedies in any other situation where You breach these Terms and Conditions of Trade.
10.4 Please note that you are entering into an agreement with a UK company. These Terms and Conditions of Trade and any contracts based on them, are governed by and shall be construed in accordance with the laws of the UK and any disputes arising out of them shall be subject to the non-exclusive jurisdiction of the British courts. Notwithstanding the foregoing, nothing in these Terms and Conditions of Trade shall limit or exclude, or purports to limit or exclude, any statutory rights granted to you under local law (in particular consumer protection laws) which remain unaffected and in full force and effect.