TERMS AND CONDITIONS
www.evedevices.com
www.euro.evedevices.com
Eve Distribution Ltd.
1.
DEFINITIONS
For the purpose of the Terms and Conditions (the “T&C”),
“Eve”, “we”, “us”, “our” shall mean Eve Distribution Ltd.;
“Customer”, “you” shall mean any person, firm, company or body which places
an Order with Eve;
“Order” means a contract for sale by Eve to the Customer of the products
and/ or services;
“Website” means evedevices.com.
2.
ACCEPTANCE
All Orders and purchases made through on this Website are subject to the
“T&C” outlined below.
By accessing and using this Website or any part of it, you acknowledge that
you have read, understood and accepted the following terms and conditions.
Eve reserves the right to update the T&C from time to time without
notice to you. With regards to any breach of the provisions of the T&C,
Eve shall have the right to seek legal and fair remedies.
3.
PRICES AND PAYMENT TERMS
3.1 Our Website accepts payment by Asiabill and Adyen.
3.2 The prices charged are those applicable at the time when the Customer
makes Order. Prices are subject to change without prior notice and all
Orders are subject to Eve's acceptance at its sole discretion and stock
availability.
3.3 The payment shall be made in the way and currency stated on the
Website. Payment is due as stated on Eve's invoice without offset or any
deduction for withholding taxes or otherwise. Eve reserves the right to
demand immediate payment for any products and/or services that have already
been dispatched.
3.4 The payment funded by an International Credit or Debit Card and may
involve a currency conversion, by proceeding with your authorization of
the payment you are agreeing to the currency conversion on the basis of
the exchange rate which is adjusted regularly bason market conditions.
Eve is not liable for these currency conversion fluctuations.
3.5 The Customer’s offer to purchase made on the Website shall be subject
to the Eve’s sole discretion and may not be accepted subject to the
availability of stock. A final and conclusive invoice will be presented to
the Customer upon delivery.
3.6 If a product is quoted at an incorrect price due to a typographical
error, or error in pricing information, Eve reserves the right to reject or
cancel any Orders placed for the product quoted at the incorrect price,
even if Eve has issued the invoices and received the purchase price. If Eve
has received purchase price but subsequently canceled the Order, Eve will
notify the customer and refund the purchase price to Customer.
3.7 evedevices.com may from time to time set credit limits for individual
customers and reserves the right to limit sales including the right to
decline sales to any customers.
3.8 evedevices.com reserves the right to change the payment terms for any
Orders without prior notice.
4.
TITLE AND RISK OF LOSS
All risks and liability related to the product(s) shall be transfered to
the Customer upon the collection from the third-party carrier. The Eve
shall retain title in the products until full payment has been received.
5.
INTELLECTUAL PROPERTIES
5.1 Certain intellectual properties belong to third parties and may not be
used without prior permission. See their respective websites for more
information.
5.2 This Website and any information available on it including, but not
limited to, text, graphics, icons, images, software, source code and
trademarks, are protected by copyright, design, trademark and other
Intellectual Property Rights owned or controlled by us and/ or our
licensors. You may not copy, reproduce, republish, upload, download, post,
transmit, store in retrieval system, modify, alter or display in public or
distribute in any way the contents or any part of this Website for any
purpose without our prior written consent except that you may download
materials displayed on the site for non-commercial, home personal use only
as long as keep all copyright, trademark and other proprietary notices
intact.
5.3 All rights, titles and interest in the Intellectual Property Rights on
this Website shall remain the property of Eve and/ or our licensors, as the
case may be.
6.
DELIVERY
6.1 Orders are shipped within two (2) business days of payment. Orders made
during promotional periods and special events, may have longer shipping
times, at the discretion of Eve. In such cases, customers will be
separately informed in advance. Orders are shipped using FedEx/DHL/UPS
shipping, taking typically additional 2-4 working days (based on country)
to get to customer hands. Delivery fee is calculated based on the value of
the order, product size and destination country.
6.2 Delivery service is not applicable to areas that cannot be reached
directly by our delivery partners.
6.3 Additional delivery service fees may be applicable based on the
specific conditions of each delivery. Any additional costs such as import
duties and taxes may be applicable and in those cases are the
responsibility of the customer.
6.4 We reserve the right to use email address you provide in your details
while making Order to inform you about updates and other information
regarding your Order. For this purpose, we use either emailing tools such
as Outlook, or the services of Mailchimp. Mailchimp terms of service can
found on https://mailchimp.com.
6.5 In the event of impossible delivery due to force majeure we will make
arrangements to deliver the goods at another time.
6.6 If the delivery is delayed, postponed or cancelled due to traffic,
weather, different district or other factors, we shall not be liable for
any loss or damage, no matter whether the factor which causes the delay,
postponement or cancellation is within the control of the Eve or not.
6.7 We reserve the right to charge an additional delivery fee if the
recipient is not available to accept delivery at the nominated delivery
time, or if the recipient is not available to accept the delivery after
reasonable amount of delivery attempts.
6.8 It is the responsibility of the Customer to notify our Website
immediately of any change to their delivery address.
6.9 The product(s) shall be deemed to have been delivered when either the
Customer or its designated receiver of the product(s) has signed for
receipt of the product. In circumstances where either the customer or its
designated receiver is unable to sign for receipt, Eve may agree to the
signed receipt pursuant to an enterprise chop or other legally authorized
chop including but not limited to those provided by a doorman.
6.10 We reserve the right to decline delivery of goods to any Customer at
our sole discretion absolutely.
7.
RETURN, REFUNDS, RESTOCKING FEES AND CANCELLATION POLICY
7.1 It is the receiver's responsibility to check the condition of any goods
received, at the time of delivery.
7.2 A customer may claim a refund or return within 14 days from the date of
delivery by sending a contact request through the Website. The contact form
is available on the Website. See more detailed info on our Warranty policy.
7.3 Refund/ replace is only available when valid original receipt is
provided.
7.4 Order cancellations are available exclusively via contact form to the
Website, no later than 24 hours from the time of purchase and before the
item is shipped.
7.5 Refund will be credited into Customer's credit card account within 4
weeks upon confirmation; or deducted the refund amount of the customer’s
next Order. Once we approve your request and have received the product.
Refund will be paid in the same currency as the original payment (stated in
the webshop). Seller is not responsible for currency fluctuations.
7.6 Return requests made outside of the 14-day period will not be accepted.
Upon the approval of the request for return and/or cancellation, a refund
shall be arranged. We may also choose not to accept returns in the event
of:
(a) Defects or damages caused by misuse, neglect, physical damage,
tampering, incorrect adjustment, normal wear and tear or incorrect
installation after purchase;
(b) Price fluctuations being the sole reason for return; or
(c) Customized customer contracts.
7.7 In all cases, Eve shall inspect the product and verify the fault. To
qualify for a return, devices must be in "as new" condition and, with the
original packaging. Accessories must be sealed in their original packaging.
We reserve the right to refuse a refund if the product returned is deemed
to have been damaged.
7.8 Restocking fees ARE NOT applied if:
i) The returned item/s was shipped wrongly
ii) The returned item/s is clearly defective as a result of shipping or
otherwise
7.9 Restocking fees MAY be applied if:
i) For returned item/s that are opened and/or used, a base restocking fee
of 20% (plus any applicable sales tax) will apply
ii) For returned item/s that unopened and for which the cancellation was
not requested within 24h of purchase, a base restocking fee of 10% (plus
any applicable sales tax) will apply
7.10 A special restocking fee MAY be applied if:
i) The returned item/s is NOT returned in original packaging
ii) The returned item/s displays clear signs of user misuse and/or
negligence
iii) The returned item/s are missing accessories, parts, components etc.
7.11 In the returns process, the Customer must ensure the following:
(a) Do not send additional add-ons such as your cases, screen protectors
etc. If such items are shipped to us by mistake, we are not able to return
them.
(b) Before returning any unit for service, be sure to back up your data.
You are responsible for the personal information stored in your device -
please erase all personal and sensitive data on the device before sending
it to us. We will not be responsible for any disclosure of data still on
the returned or serviced device.
(c) During service, data stored on the device may be deleted and
reformatted. We are not responsible for the loss of any software programs,
data or other information contained in the product’s storage. Recovery and
reinstallation of third-party software programs, data and information are
not covered under warranty.
8.
STANDARD WARRANTY
8.1 Unless otherwise specified, Eve warrants to the Customer that the Eve
branded products (excluding third party products and software), will be
free from defects in material and workmanship affecting normal use for a
period of one year from the date of delivery. (“Standard Warranty”);
8.2 Unless otherwise specified, this Standard Warranty covers the hardware
components of the product as originally supplied and does not cover, or
partially covers software, consumable items, or accessories even if
packaged or sold together with the product.
8.3 This Standard Warranty only covers product defects caused by
workmanship or build materials. To make a claim, present your original
proof of purchase (invoice), model and serial number of the product, and
photo/video evidence of the product’s defects to the Eve via contact form
on our website.
8.4 This Standard Warranty does not cover damage, fault, failure or
malfunction due to external causes, including accident, abuse, misuse,
problems with electrical power, usage and/or storage and/or installation
not in accordance with product instructions, failure to perform required
preventive maintenance, normal wear and tear, act of God, fire, flood, war,
act of violence or any similar occurrence; any attempt by any person other
than Eve's personnel or any person authorized by Eve, to adjust, repair or
support the products and problems caused by use of parts and components not
supplied by Eve. The Standard Warranty does not cover any non-Eve branded
products.
8.5 For any repair and replacement service covered by warranty, the
Customer shall prepay the transport charges or take the risks of the
products loss or damage during the transportation. Eve will deliver the
repaired or replaced products to the Customer with the transport charges
prepaid.
8.6 Eve may use rebuilt, reconditioned or new parts and components when
repairing any product. Alternatively, we may replace the defective product
entirely with a rebuilt, reconditioned or new product.
8.7 More specific warranty policy is available via the Internet on the Our
Website.
9.
LIMITATION OF LIABILITY
By accessing and using this site you acknowledge and accept that the use of
the Website is at your own risk. Eve shall not be liable to the Customer or
any other person whether in tort, statute or otherwise (including without
limitation for negligence, breach of contract, defamation, or intellectual
property rights infringement) for:
(a) any direct loss;
(b) any indirect, incidental, consequential or punitive loss (including
without limitation loss of revenue of profits): or
(c) the Customer’s liability to any person, which is suffered or incurred
by the Customer or any other person arising under or in any way out of the
information or evedevices.com’s use.
10.
FORCE MAJEURE
Eve shall not be liable for any delay or failure in its performance caused
by or resulting from events beyond the Eve’s control, including but not
limited to act of god, fire, flood, typhoon, accident, riot, war,
government intervention, embargoes, strikes, labour difficulties, equipment
failures, etc.
If the occurrences mentioned above have continued for more than 30 days,
Eve shall have the right to cancel the Order.
11.
DISCLAIMER
Eve is not liable for any loss or damages that may arise from using our
services.
To the extent Eve cannot lawfully disclaim any implied or statutory
warranties. This disclaimer does not affect customer’s statutory rights.
12.
THIRD PARTY WEBSITES
Website may contain materials produced by third parties or links to other
websites. Eve accepts no responsibility or liability in respect of any such
third party materials or for the operation or content of other websites
(whether or not linked to evedevices.com), which are not under Eve's direct
control. Eve reserves the right to require the removal of any link from
another website to the Website which is installed without obtaining the
prior written consent of Eve.
13.
CHANGES
Eve may revise these terms and conditions at any time without prior notice.
If any dispute arises, Eve’s determination shall be final.
14.
APPLICABLE LAW AND JURISDICTION
Seller Eve Distribution Ltd is based in Hong Kong. These T&C shall be
governed by the laws of the Hong Kong Special Administrative Region, the
Customer and Eve agree to submit to the exclusive jurisdiction of the Hong Kong courts for determining any disputes arising for or in relation to
these T&C. For greater certainty, the United Nations Convention on
Contracts for the International Sales of Goods shall not apply to the
Order.
15.
GENERAL
If any of the above provisions should be void in whole or in part, this
shall not affect the validity of the remaining provision(s) of the
contract.
If we do not act in relation to a breach of these T&C by you, this does
not waive our right to take action in respect of a similar breach of the
T&C by you in the future.
This document was last updated on October 7, 2019
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