Evolution Eyewear Ltd
Registered company number 10793760
In this document the following words shall have the following meanings:
1.1 "Buyer" means the person who buys Goods from the Seller;
1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.4 "Retail Price" means the list of prices of the Goods maintained by the Seller as amended from time to time;
1.5 "Seller" means Evolution Eyewear Ltd, Power House, The Street, Old Basing, BASINGSTOKE, Hampshire RG24 7BY;
1.6 "Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
2.1 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Seller.
2.5 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.
3. PRICE AND PAYMENT
3.1 The price of the Goods shall be that stipulated in the Seller's current retail price on the Seller's website (www.evolutionsunglasses.com) at the date of order or as agreed between the parties. The price is inclusive of VAT unless otherwise specified and inclusive of any standard delivery charges (UK mainland addresses only). For international orders delivery charges apply.
3.2 Payment of the total purchase price (including VAT and delivery charges) must be made in full before despatch of the Goods.
4.1 Delivery of the Goods shall be made by the Seller for delivery to such place and on such terms as agreed between the Seller and the Buyer at the time the order is placed. The Seller will use Royal Mail postal services for delivery and will use the Royal Mail 'Signed For' service for any order over £40.00 in value.
4.2 All Goods will be despatched within 2 working days of the order being placed. The Seller aims to despatch the same (working) day of the order. The standard delivery time does not apply to out of stock, special order items not held in stock or prescription sunglasses with optical inserts made to order. For these items an estimated delivery time will be quoted to the Buyer.
4.3 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller. A 2-Year guarantee is provided all Evolution purchases. This excludes scratches to the lenses but covers materials and workmanship.
6. CANCELLATION AND RETURNS
6.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within five days of delivery if the Goods are damaged or do not comply with any of the contract.
6.2 Where a claim of defect or damage is made then it shall be the responsibility of the Buyer to return the Goods to the Seller. The Buyer shall be entitled to replacement Goods or a full refund.
6.3 Goods to be returned must clearly include the Buyer's name and address and the original or copy invoice/delivery note number.
6.4 Where Goods are purchased via the internet, by mail order or by phone or fax, the Buyer has the right, in addition to any other rights, to cancel the Goods and receive a full refund by informing the Seller in writing, by email or by phone within 14 working days of receipt of the Goods. The Seller operates a "no quibble" return policy and no reason for returning the goods needs to be provided. Goods must be returned at the Buyer's cost. The Buyer shall receive a refund of all monies paid for the Goods (excluding any additional Special Delivery or International Delivery charges, if any) except for return postal charges within 30 days of cancellation.
6.6 Goods to be returned should be addressed to: Evolution Eyewear Ltd, Power House, The Street, Old Basing, Basingstoke, Hampshire RG24 7BY United Kingdom.
In addition to the Buyer's statutory rights, the Seller guarantees all Goods against faulty workmanship and materials for a period of two years from the date of delivery.
8. LIMITATION OF LIABILITY
8.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury, however the Seller shall not be liable for any direct loss or damage suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Goods.
8.2 The Seller shall not be liable under any circumstances to the Buyer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
9. FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
11. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.