Copy of Store Policies old
- What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods or services.
- Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
- Are you a business customer or a consumer?In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
- You are an individual.
You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
- If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.
Information about us and how to contact us
- Who we are. We are Evolve Skateboards UK Limited a company registered in England and Wales. Our company registration number is 10763329 and our registered office is at 2ndfloor, 31 Chertsey Street, Guildford, Surrey, United Kingdom GU1 4HD.
- How to contact us. You can contact us by telephoning our customer service team at 01322 525059or by writing to us at our trading address, 18 Optima Park, Thames Road, Dartford DA1 4QXor by email at email@example.com.
- How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
- "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
Our contract with you
- How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
- If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will refund any monies that you have paid for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
- Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
- We only sell to the UK, Ireland, Channel Islands and the Isle of Man. Our website is solely for the promotion of our products in the UK, Ireland, Channel Islands and the Isle of Man. Unfortunately, we do not accept orders from addresses outside of these areas.
- Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
- Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
- Assembly. Some products may require assembly by you on delivery. Where assembly is required, assembly instructions will be provided with the product.
- Your rights to make changes
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
Our rights to make changes
Minor changes to the products. We may change the product:
- to reflect changes in relevant laws and regulatory requirements such as those relating to health and safety; and
- to implement minor technical adjustments and improvements, for example to address a fault we have discovered. These changes will not affect your ability to use the product.
- Minor changes to the products. We may change the product:
Providing the products
- Delivery costs. The costs of delivery will be as displayed to you on our website.
When we will provide the products.
- If the products are goods. If the products are goods we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order. Your order may arrive in more than one delivery. Where the product is identified as a ‘pre-order’ on the website we will aim to deliver these to you with the delivery timeframe set out on the website for the specific product.
- If the products are one-off services. We will begin the services on the date agreed with you during the order process. The estimated completion date for the services is as told to you during the order process.
- We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
- Collection by you. If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours of 9am – 4pm on weekdays (excluding public holidays).
- If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, our nominated courier will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
- If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 2will apply.
- When you become responsible for the goods. A product which is goods will be your responsibility from the time, you or a person nominated by you collect the product from us or we deliver the product to the address you gave us.
- When you own goods. You own a product which is goods once we have received payment in full.
- What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, an address for delivery. If so, this will have been stated in the description of the products on our website. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 2will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
- deal with technical problems or make minor technical changes;
- update the product to reflect changes in relevant laws and regulatory requirements;
- make changes to the product as requested by you or notified by us to you (see clause 6).
- Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 60 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
Your rights to end the contract
You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
- If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause12if you are a consumer and clause 13if you are a business;
- If you want to end the contract because of something we have done or have told you we are going to do see clause2;
- If you are a consumer and have just changed your mind about the product, see clause3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
- In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 6.
Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
- we have told you about an upcoming change to the product or these terms which you do not agree to;
- we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
- there is a risk that supply of the products may be significantly delayed because of events outside our control;
- we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 60 days; or
- you have a legal right to end the contract because of something we have done wrong.
- Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
When consumers do not have a right to change their minds.Your right as a consumer to change your mind under a contract with us does not apply in respect of:
- products that have been modified so do not conform to our general specification, whether decoratively or mechanically;
- services, once these have been completed, even if the cancellation period is still running;
- products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
- any products which become mixed inseparably with other items after their delivery.
How long do consumers have to change their minds?If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.
- Have you bought services (for example, servicing of a skateboard not covered by warranty)?If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you elect to receive the services within the 14 days and if you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
- Have you bought goods (for example, one of our skateboards)?If so, you have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery.
- Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 1), you can still end the contract before it is completed. A contract for goods is completed when the product is delivered and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end the contract in these circumstances, just contact us to let us know. The contract will not end until 14 days after the day on which you contact us. We will refund any advance payment you have made for products which will not be provided to you.
- You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
How to end the contract with us (including if you are a consumer who has changed their mind)
Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
- Model cancellation form. By completing and returning the model cancellation form at Schedule 1to us at firstname.lastname@example.org 18 Optima Park, Thames Road, Dartford DA1 4QX.
- Phone or email. Call customer services on 01322 525059or email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
- By post. Simply write to us at 18 Optima Park, Thames Road, Dartford DA1 4QX, including details of what you bought, when you ordered or received it and your name and address.
- Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at 18 Optima Park, Thames Road, Dartford DA1 4QXor (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 01322 525059or email us at firstname.lastname@example.org arrange collection. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.Subject to clause 3you will be responsible for the costs of returning the goods to us.
When we will pay the costs of return. We will pay the costs of return:
- if the products are faulty or misdescribed; or
- if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
- if we offer to collect the products from you.
- Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
- How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, where relevant, by the method you used for payment. However, we may make deductions from the price, as described below.
When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:
- We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, for example if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way or damaged them, you must pay us an appropriate amount.
- The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
- Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind, then:
- If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 2.
- In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
Our rights to end the contract
We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
- you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
- you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
- You must compensate us if you break the contract. If we end the contract in the situations set out in clause 1we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
- We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 21 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
- We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
- If there is a problem with the product
How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 01322 525059or write to us at email@example.com 18 Optima Park, Thames Road, Dartford DA1 4QX.
Your rights in respect of defective products if you are a consumer
- If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product isgoods, for example a skateboard, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also clause 8.3.
If your product is services, for example a contract to service a skateboard, the Consumer Rights Act 2015 says:
a) You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
b) If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
c) If you haven't agreed a time beforehand, it must be carried out within a reasonable time.
See also clause 8.2.
- Your obligation to return rejected products. If you wish to exercise your legal rights to reject defective products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 01322 525059or email us at firstname.lastname@example.org a return label or to arrange collection.
Your rights in respect of defective products if you are a company
If you are a business customer we warrant that on delivery, and for a period of 12 months from the date of delivery (warranty period), any products which are goods shall:
- conform in all material respects with their description;
- be free from material defects in design, material and workmanship; and
- be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).
Subject to clause 3, if:
- you give us notice in writing during the warranty period within a reasonable time of discovery that a product does not comply with the warranty set out in clause 1;
- we are given a reasonable opportunity of examining such product;
- you return such product to us at your cost by a method that allows for the product to be insured during transit; and
- we determine the defect falls under this warranty provision,
- If you are a business customer we warrant that on delivery, and for a period of 12 months from the date of delivery (warranty period), any products which are goods shall:
we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
We will not be liable for a product's failure to comply with the warranty in clause 1if:
- you make any further use of such product after giving a notice in accordance with clause 2(a);
- the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
- the defect arises as a result of us following any drawing, design or specification supplied by the Customer;
- you alter or repair the product without our written consent;
- the defect relates to perishable components including but not limited to, bearings, pivot cups, belts, tubes, grip tape and wheels; or
- the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
- Except as provided in this clause 13, we shall have no liability to you in respect of a product's failure to comply with the warranty set out in clause 1.
- These terms shall apply to any repaired or replacement products supplied by us under clause 2.
How to make a warranty claim if your products are defective
To make a warranty claim under clause 12or clause 13you should;
- contact us using the ‘contact us’ page on our website https://www.evolveskateboards.co.uk/pages/contact-us;
- provide original proof of purchase of the products which clearly shows the purchase date; and
- deliver the product at your cost, including remote and charger set, to us for inspection.
- We will then assess the warranty claim to determine, in our sole discretion, whether the product falls within the warranty protection. Where the product falls within the warranty protection, we will repair or replace the product at our own cost and refund the cost of delivery of the product to us. Where the product is outside of the warranty protection we will notify you and provide you with a service report which sets out the issues and our recommended actions and you can follow the process set out in clause 2(c)below.
- Where we elect to repair the product, we may use refurbished products to carry out the repair.
- We will not commence any repairs under warranty without your prior authorisation. Where you do not want to proceed with repairs as recommended by us, we will return the product to you at your cost.
- Subject to clause 3, if you are a company and we are unable to repair or replace the product pursuant to this clause 14, we will provide to you a credit or refund for the price paid for the product subject to reasonable deduction for fair use.
- To make a warranty claim under clause 12or clause 13you should;
Service and maintenance
- Where the product is not covered by warranty at clause 12or clause 13above, you can elect to have the products repaired under our normal service provision detailed below.
To make a service request you should:
- contact us by email at email@example.com;
- provide original proof of purchase of the products which clearly shows the purchase date;
- provide any documentation that we may reasonable require, including but not limited to a completed work authorisation form which we will provide to you on request;
- deliver the complete product, including remote and charger set, to us for inspection ensuring that the product is properly packaged and sent by a method which insures against any risk of transport; and
- pay the fee for service assessment (Service Assessment Fee) which will be communicated to you on receipt of the product from you and prior to any services being carried out. The Service Assessment Fee includes the cost of return delivery of the product to you.
- We will use reasonable endeavours to carry out the service assessment within 2-5 business days from the date on which we receive the product but this is an estimate only.
- If we believe that a product has been tampered with, altered, modified or has been subject to any unauthorised repairs we may refuse to provide the services and return the product to you following payment in line with clause 4(b).
- We will not commence any repairs without informing you of their cost and obtaining your prior authorisation. Where you do not want to proceed with repairs as recommended by us or fail to notify us that you wish for us to proceed with repairs within a period of 28 days of our recommendation, we will return the product to you following payment in line with clause 4(b).
Where services have been completed or you elect for products to be returned to you pursuant to clause 5and all amounts due from you have been paid, we will:
- return the product to you in a prompt manner and packaged appropriately;
- provide you will all documentation in relation to the work carried out, if any;
- provide details of delivery tracking numbers, where relevant; and
- arrange shipping insurance for products at your request and cost, such cost to be paid in advance of the product being returned.
Price and payment
- Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take reasonable care to ensure that the price of the product advised to you is correct. However please see clause 3for what happens if we discover an error in the price of the product you order.
- We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
- What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
When you must pay and how you must pay. We accept payment with all major card providers. When you must pay depends on what product you are buying:
- For goods, you must pay for the products before we dispatch them.
- For services, you must make an advance payment of the Service Assessment Fee and shipping insurance should you request this.
- For services where you have authorised us to proceed with work in addition to the service assessment, we will invoice you for the balance of the price of the services when we have completed them. You must pay each invoice within 14 calendar days after the date of the invoiceand prior to return of the product.
- Only once payment has been received in line with clause 4(a)and/or 16.4(b)will the product be returned to you.
- If you fail to pay the Service Assessment Fee within 14 days of us receiving the product, we will return the product to you.
- If you fail to make payment due under 4(c)within a period of 90 days of the date of the invoice, we may exercise the option to dispose of or sell the product to cover our costs.
- Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
- What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
Our responsibility for loss or damage suffered by you if you are a consumer
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us and supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987
- It is your responsibility to understand the laws of England and Wales and use your product accordingly in compliance with those laws. At present, it is not legal to use the products on public roads or pedestrian footpaths or walkways. We are not liable for traffic penalties, sanctions, fines or actions taken against you in respect of breaches of the law and it is your responsibility to wear appropriate safety wear when using the product.
- We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 18.
Our responsibility for loss or damage suffered by you if you are a business
Nothing in these terms shall limit or exclude our liability for:
- death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
- defective products under the Consumer Protection Act 1987.
- Except to the extent expressly stated in clause 1all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
Subject to clause 1:
- we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of reputation, loss of actual or anticipated savings, loss of business opportunities or any indirect or consequential loss arising under or in connection with any contract between us; and
- our total liability to you for damage to tangible property arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to £100,000.
- our total liability to for losses that are not damage to tangible property arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to 200% of the total sums paid by you for products under such contract.
- Nothing in these terms shall limit or exclude our liability for:
How we will use your personal information. We will only use your personal information as set out in our https://www.evolveskateboards.co.uk/pages/privacy-policy.
Other important terms
- We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
- You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, if you are a consumer you may transfer our guarantee at clause 13to a person who has acquired the product or, where the product is services, any item or property in respect of which we have provided the services. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property, for example by providing proof of purchase.
- Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 2in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
- If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
- Intellectual property. No licence is hereby granted directly or indirectly to you under any patent, invention, discovery, copyright or other intellectual property right held, made, obtained or licensable by us now or in the future. You will not alter or make any addition to the labelling or packaging of the products displaying our trade marks, make any addition or modifications to the products or alter, deface or remove any reference to our trade mark, any reference to us or any other name attached or affixed to the product or its packaging or labelling.
- Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, Northern Ireland, the Channel Islands or the Isle of Man you can bring legal proceedings in respect of the products in your home court or the English courts.
- Alternative dispute resolution if you are a consumer. 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. If you are a consumer and are not happy with how we have handled any complaint, you may want to contact the European Commission Online Dispute Resolution platform: (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN)
- Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
(Complete and return this form only if you wish to withdraw from the contract)
To EVOLVE SKATEBOARDS UK LIMITED, 18 Optima Park, Thames Road, Dartford DA1 4QX, 01322 525059and firstname.lastname@example.org
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
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