Terms & Conditions.
Our terms of use are as follows. This site is free to use by our visitors. By using this site, you the user are agreeing to comply with and be bound by the following terms of use. After reviewing the following terms and conditions thoroughly, if you do not agree to the terms and conditions, please do not use this site and leave by clicking here.
The Contract
These Terms and Conditions govern the sale of goods by Us, via evquip.co.uk and will form the basis of the Contract between Us and you. Before submitting your Order, you will have certain key terms and conditions and information read and explained to you over the telephone and you should ensure that you have read these Terms and Conditions and the Pre-Contract Information carefully.
Nothing provided by Us including, but not limited to, information given over the telephone, sales and marketing literature, price lists and other information constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at our discretion, accept.
A legally binding contract between Us and you will be created upon Our acceptance of your Order, indicated by Our Order Confirmation. Order Confirmations will be provided in writing by email..
Description and Specification of Goods
We have made every reasonable effort to ensure that the Goods conform to illustrations, photographs and descriptions provided in Our sales and marketing literature and descriptions provided by Our website. We cannot, however, guarantee that all descriptions, illustrations and/or photographs will be precisely accurate due to discrepancies that may arise during the printing process AND/OR differences in the colour reproduction of electronic displays. Nothing, however, excludes Our liability for mistakes due to negligence on Our part.
We are required by law to supply Goods that conform to the Contract. If you receive any Goods that do not conform to the Contract, please refer to Returns
If We find, or are made aware of, any typographical, clerical or other accidental errors or omissions in any verbal descriptions, sales and marketing literature, price lists or any other information We will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible. If, as a result of any such error or omission, you have received the wrong Goods, you may return the Goods to Us as provided in Returns. If as a result of any such error or omission, you have paid too much, We will refund the excess paid for the Goods.
We reserve the right to make any changes in the specification of the Goods that may be required to conform to any applicable safety or other legal or regulatory requirements without notice.
Orders
All Orders for Goods made by you via evquip.co.uk will be subject to these Terms and Conditions.
You may change your Order at any time before We dispatch the Goods by contacting Us. Requests to change Orders do not need to be made in writing.
If your Order is changed We will inform you of any change to the Price [when you contact Us, and will confirm the change] in writing.
If you change your mind, you may cancel your Order at any time before We dispatch the Goods by contacting Us. Please refer to Clause 9 for details of your cancellation rights.
We may cancel your Order at any time before We dispatch the Goods in the following circumstances:
The Goods are no longer in stock and We are unable to re-stock (if, for example, the Goods are discontinued); or
An event outside of Our control continues for more than 5 working days (please see Force Majeure for events outside of Our control).
If We cancel your Order and you have already paid for the Goods, the payment will be refunded to you within 14 Calendar Days. If We cancel your Order, you will be informed by email.
Price and Payment
The Price of the Goods will be that given by Our website at the time of your Order.
Our Prices may change at any time but these changes will not affect any Orders that We have already accepted.
We have made every reasonable effort to ensure that Our Prices, as shown in Our website are correct. Prices will be checked when We process your Order. If the correct Price of the Goods is lower than that shown in Our you will be charged the lower Price. If the correct Price of the Goods is higher than that shown in Our website, We will inform you and ask you how you wish to proceed.
All prices stated on the website include UK Vat. Orders shipped outside the UK will also include UK Vat. Customers outside UK are liable for any import duty and local taxes. EV Quip will are not liable to refund these duties and local taxes if the parts are returned.
Our Prices do not include the cost of delivery. We normally offer the different delivery options based on the size and weight of the order and also the delivery address. The cost of your chosen delivery method will be added on to the final sum due (please refer to checkout process for delivery pricing information):
All payments for Goods must be made in advance before We can dispatch the Goods to you.
We accept the following methods of payment:
Paypal; Major Credit Cards Via Stripe; Apple Pay.
We do not charge any additional fees for any of the payment methods listed.
Credit and/or debit cards will be charged at checkout.
Delivery
Please note that delivery is only possible within the United Kingdom OR by request.
When We send you an Order Confirmation, We will provide, along with a confirmation of the Pre-Contract Information, an estimated delivery date. Please note that estimated delivery dates may vary according to the availability of Goods and your location. In any event, subject to any circumstances beyond Our control, and subject to any longer period to which you agree when placing your Order (for Goods that We stock only on demand, for example), Goods will be delivered to you no more than 30 Calendar Days after the date that the Contract is formed.
Delivery will be deemed to have taken place when the Goods have been received by you (or another person identified by you) at your chosen delivery address or, if you are collecting the Goods from Us yourself, when you have collected the Goods.
If for any reason Our Chosen Carrier is unable to deliver the Goods at your chosen delivery address, the Chosen Carrier will leave a note informing you that the Goods have been returned to the Chosen Carrier’s distribution centre, requesting that you contact them to arrange re-deliver.
The responsibility (sometimes referred to as the “risk”) for the Goods remains with us until delivery is complete as defined in Clause 7 at which point it will pass to you.
You own the Goods once we have received payment in full for them.
Faulty, Damaged or Incorrect Goods
EV Quip provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences). If any digital content is included in the Goods, that digital content must also conform. If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect Goods, please contact Us as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement.
Beginning on the day that you receive the Goods (and ownership of them) you have a 14 Calendar Day right to reject the Goods and to receive a full refund if they do not conform as stated above. Alternatively, you may request a replacement. Where a replacement is impossible or otherwise disproportionate, We may instead offer you a full refund.
Any and all refunds issued will include all delivery costs paid by you when the Goods were originally purchased.
Your Right to Cancel If You Change Your Mind
As a consumer in the European Union you have a statutory right to cancel your Contract with Us up to 14 Calendar Days after the Goods come into your physical possession (i.e. you or another person identified by you taking delivery of the Goods). You may cancel your Contract and return the Goods to Us for any reason under this right. In addition to your statutory right to cancel within 14 Calendar Days
If you wish to exercise your right to cancel under , you must inform Us of your decision by emailing sales@evquip.co.uk
We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Goods and services, however you are under no obligation to provide any details if you do not wish to.
Please note that your statutory right to cancel may be lost in the following cases:
If the Goods are sealed for health or hygiene reasons and you have unsealed those Goods after receiving them;
If the Goods consist of sealed audio or video recordings (e.g. CD or DVD) or sealed computer software and you have unsealed those Goods after receiving them;
If the Goods have been inseparably mixed with other items (according to their nature) after you have received them.
You must return the Goods to Us no more than 14 Calendar Days after the day on which you have informed Us that you wish to cancel
You may return Goods to Us by post or another suitable delivery service of your choice to Our Returns Address.
Refunds will be issued to you within 14 Calendar Days of the following:
The day on which we receive the goods back.
If We have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel the Contract.
Refunds may be subject to deductions in the following circumstances:
Refunds may subject to deductions for any diminished value in the Goods resulting from your excessive handling of them. For the purposes of this Clause 9, “excessive handling” means any more handling than is reasonably required to ascertain the nature and characteristics of the Goods in question (e.g. no more than would be permitted in a shop).
We will make no deductions for damage to delivery packaging (i.e. additional packaging into which we have placed the goods in their original packaging such as bubble wrap and a brown box) but We may make deductions if the original packaging has been damaged (e.g. torn or otherwise unsealed in a way that would make it difficult or impossible to reseal the packaging and resell the Goods in “new” condition).
We will refund the cost of the goods but not the original shipping charge or any shipping costs incurred in returning the item to us.
Guarantee
We guarantee that for a period of 12 months from the date of delivery, the goods will be free from material defects. This guarantee is subject to the exceptions listed below
Our guarantee does not apply to any defects in the Goods caused by:
Normal wear and tear;
Deliberate damage and/or misuse of the Goods;
Accidental damage;
Failure to use the Goods in accordance with their instructions (where applicable); or the alteration or repair of the Goods by you or any third party that is not authorised by Us.
Our guarantee exists in addition to your legal rights as a consumer.
Events Outside of Our Control (Force Majeure)
1We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
If any event described under this Clause 12 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
We will inform you as soon as is reasonably possible;
Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;
We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
If the event outside of Our control continues for more than 5 working days We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible;
If an event outside of Our control occurs and you wish to cancel the Contract, you may do so. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible.
Other Important Terms
We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
You may not transfer (assign) your other obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
Governing Law and Jurisdiction
These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
As a consumer, you will benefit from any mandatory provisions of the law in your country of residence.
Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement (Agreement) with respect to our site (the Site). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, free product samples or freebie offers or services provided by or listed on the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and at any frequency without specific notice to you. The latest Agreement will be posted on the Site, and you should review this agreement prior to using the Site.
Copyright.
The content, organisation, graphics, design, and other matters related to the site are protected under applicable copyrights and other proprietary laws, including but not limited to intellectual property laws. The copying, reproduction, use, modification or publication by you of any such matters or any part of the site is strictly prohibited, without our express prior written permission.
Deleting and Modification.
We reserve the right in our sole discretion, without any obligation and without any notice requirement to you, to edit or delete any documents, information or other content appearing on the Site, including this agreement.
Indemnification.
You agree to indemnify, defend and hold us, our officers, our share holders, our partners, attorneys and employees harmless from any and all liability, loss, damages, claim and expense, including reasonable attorney’s fees, related to your violation of this agreement or use of the Site.
Disclaimer.
THE CONTENT, SERVICES, FREE PRODUCT SAMPLES AND FREEBIE OFFERS FROM OR LISTED THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESSED OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE AND ANY WEBSITE WITH WHICH IT IS LINKED. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF MONEY, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU THE USER. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. THE INFORMATION AND ALL OTHER MATERIALS ON THE SITE ARE PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL ADVICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION AVAILABLE ON THIS SITE OR ANY WEBSITE WITH WHICH IT IS LINKED.
Limits.
All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. We will not be liable to you for any incidental, special or consequential damages of any kind that may result from use of or inability to use the site.
Third-Party Websites.
All rules, terms and conditions, other policies (including privacy policies) and operating procedures of third-party linked websites will apply to you while on such websites. We are not responsible for the content, accuracy or opinions express in such Websites, and such Websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Website on our site does not imply approval or endorsement of the linked Website by us. This Site and the third-party linked websites are independent entities and neither party has authority to make any representations or commitments on behalf of the other. If you decide to leave our site and access these third-party linked sites, you do so at your own risk.
Third-Party Products and Services.
We advertise third-party linked websites from which you may purchase or otherwise obtain certain sample goods, freebie offerings or free trial services. You understand that we do not operate or control the products, free offerings or services offered by third-party linked websites. Third-party linked websites are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and third-party linked websites. You agree that use of such third-party linked websites is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise. Under no circumstances are we liable for any damages arising from the transactions between you and third-party linked websites or for any information appearing on third-party linked websites or any other site linked to or from our site.
Submissions.
All suggestions, ideas, notes, concepts and other information you may send to us (collectively, “Submissions”) shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
General.
You agree that all actions or proceedings arising directly or indirectly out of this agreement. evquip.co.uk is a participant to provide a means for sites to earn revenue fees from advertising and linking to your experience including, but not limited to, Affiliate Window, Skimlinks, eBay and Google. evquip.co.uk is a participant in the Amazon EU Associates Programme, an affiliate advertising programme designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.co.uk.