PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. WE DRAW YOUR ATTENTION TO YOUR RIGHTS OF RETURN AND CANCELLATION IN CLAUSE 8 AND THE LIMITS TO OUR LIABILITY IN CLAUSE 9. Definitions:
- ‘Condition’ means the standard terms and conditions of sale set out below, including any special terms and conditions agreed in writing by us • ‘Contract’ means any contract for Goods made between you and EVOLVE Register brand of Y&A Supplies Ltd. • ‘Goods’ means the packaged products or services which we shall supply in accordance with these Conditions • ‘We or Us’ means EVOLVE Register brand of Y&A Supplies Ltd (Company No. 12057948)Unit 1, Fort Street, Blackburn BB1 5DP. Vat no. 337393187. • ‘You’ means the customer seeking to purchase the Goods from us and ‘You’ shall be construed accordingly
- ‘Documentation’ All the documents such as delivery note, invoices, financial information, etc will be provided of Y&A Supplies Ltd, for which EVOLVE is the registered brand
8.14 To return your product, you should mail your product to: Y&A Supplies Ltd. Unit 1 Fort Street Blackburn BB1 5DP. Customer will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund. Depending on where you live, the time it may take for your exchanged product to reach you may vary. If you are returning more expensive items, you may consider using a traceable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.
Legal Rights as a Consumer 8.14 The provisions of this clause 8 do not affect your legal rights if you are a consumer. 9. Liability 9.1 If you purchase goods from us as a consumer (which means anyone who acts outside the course of their business, trade or profession), to the extent not prohibited by law, we accept no liability for any: 9.1.1 loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you and we entered into our contract); 9.1.2 loss which arises when we are not at fault or in breach of these Terms and Conditions; and 9.1.3 business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses, as well as business interruption). 9.2 If you are a trade customer, we shall have no liability to compensate you (whether in contract, tort (including negligence), breach of statutory duty or otherwise), other than any refund we make under these Terms and Conditions or otherwise at our discretion. 9.3 Without prejudice to clause 9.2, if you are a trade customer, we shall not be liable to you (whether in contract, tort (including negligence), breach of statutory duty or otherwise) for any: (i) loss or profits, business, contracts, goodwill, business opportunity and other similar losses, or any business interruption; or (ii) indirect or consequential loss, neither will we be liable to you for any other loss which is not a foreseeable consequence of us being in breach of these Terms and Conditions or our legal duties. 9.4 If you are a trade customer, you acknowledge and agree that these Terms and Conditions constitute the entire and only agreement between us 9.5 Nothing in these Terms and Conditions is intended to affect your legal rights if you are a consumer, nor is it intended to exclude or limit our liability to you for fraud, fraudulent misrepresentation, for death or personal injury resulting from our negligence or for any other liability which cannot be limited or excluded as a matter of applicable law. 9.6 Goods are intended for use in the UK only and we cannot confirm that the goods comply with any laws, regulations or other standards applicable outside the UK. All goods are sold in accordance with the manufacturers specifications and are subject to any qualifications, representations or instructions contained in the documentation associated with the goods. 9.7 If you are a trade customer and subject to clause 9.5, we will not be responsible to you or, in the event that you are undertaking work for another person, to any other person, for the use or installation of any goods by you. Accordingly, if you are a trade customer, you hereby agree to hold us harmless from and indemnify us against any liability associated with, any claim or allegation that we are responsible for any failings in the installation or use of goods that we supply. 10. Age Requirements for Specific Goods 10.1 Where you place an order for or otherwise purchase age-restricted goods such as solvents, axes, knives and knife blades you confirm that you are over the age of 18 and that (where applicable) delivery will be accepted by a person over the age of 18. We reserve the right to cancel your order or purchase if we reasonably believe you do not meet the age restrictions for certain goods. 11. Termination 11.1 We may suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of an obligation hereunder or you become unable to pay your debts when they fall due or proceedings are or are reasonably likely to be commenced by or against you alleging bankruptcy or insolvency or an administrator, receiver or administrative receiver is appointed or is reasonably likely to be appointed over all or part of your undertaking and assets. Upon termination, any payments you owe to us (even if they are not yet due for payment) will be immediately due and payable and we shall be under no further obligation to supply goods to you. 12. Events Beyond Our Control 12.1 We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder or for any other liability, in each case that is caused by any event or circumstance beyond our reasonable control (including, without limitation, accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, mechanical failures, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition or restrictions of imports or exports). 13. Disposal of Electrical and Electronic Equipment 13.1 The WEEE regulations (January 2013) ensure that the amount of waste on certain electrical and electronic equipment is reduced, separated from household waste, collected separately and ultimately disposed of in a sound environmental manner (recycled and recovered). If you are a trade customer, you agree that the collection, recovery/treatment and disposal of non-household Electrical or Electronic Equipment purchased from us will be your responsibility. In the case of household waste, please take this waste to your nearest Designated Collection Facility (DCF) where special facilities exist for correct disposal. To find your nearest DCF please visit the following web site: www.recycle-more.co.uk. 14. General 14.1 If any provision of these Terms and Conditions (including any provision in which we exclude or limit our liability to you) is found to be invalid, illegal or unenforceable, the validity, legality or enforceability of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected. Our contract shall be governed by and interpreted in accordance with English law. 14.2 All “Was” prices shown have been charged at the previous higher price for the entirety of the previous catalogue, and those products were available to buy at that higher price from any of our stores and on www.theevolve.co.ukand via our Contact Centre. Please contact us (details below) if you would like further details. 14.3 All images are for illustration purposes only. Contents / accessories shown in images are not included unless stated in product description. 15. Contact Details 15.1 If you wish to make an order, cancel or discuss your order, or make a complaint with respect to your order, please contact us by post at Y&A Supplies Ltd, Unit 1, Fort Street, Blackburn BB1 5DP or by phone on +44 1254 427840or by email at sales@theevolve.co.uk. Calls may be recorded for quality and training purposes. 16. Privacy Policy 16.1 When you provide us with personal information (whether purchasing from us or registering with us or otherwise) by doing so you agree to our Privacy Policy in its entirety (available at www.theevolve.co.uk/privacy or ask in store or phone +44 1254 427840. VAT: All prices include VAT at 20% (except where indicated) subject to change in taxation. 17. Alternative dispute resolution 17.1 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. The European Union has set up an Online Dispute Resolution (ODR) platform. If you are not happy with how we have handled a complaint about your transaction, disputes may be submitted for online resolution to the ODR Platform at www.ec.europa.eu/odr. 18. DAMAGED GOODS Please inspect goods thoroughly before signing, if it is not possible sign the proof of delivery note as “unchecked”. You must inform us in writing, via email or fax within 72 hours of delivery if any goods are damaged or missing. We cannot accept liability for damaged goods if you do not inform us within the 72 hours. Products shall be inspected by Buyer upon delivery and services, upon performance. Notice of rejection or claim for shortages, damaged product, or other nonconformity must be submitted by Buyer to us in writing within 3 working days of shipment or performance, and must specify the particular respects in which the delivery, products, or services, as applicable, are nonconforming. Buyer shall have no right to exercise any remedial rights until notice of nonconformity has been given to us and we afforded a reasonable opportunity to cure such nonconformity, if appropriate.