EVEN SAFE LTD, TERMS AND CONDITIONS OF SALE
EVEN SAFE LTD, (The Company & divisions thereof) only does business upon the following Conditions of Sale and all orders are accepted and executed on the understanding that these Conditions are incorporated into any Contract with a Customer to the exclusion of any conditions which the Customer seeks to impose unless otherwise agreed in writing and bearing the signature of the Managing Director or the Operations Director. EVEN SAFE LTD reserves the right to reject any order for products or services without prejudice.
- INFORMATION ABOUT US
1.1. We are registered in England and Wales as EVEN SAFE LTD company number 16991799, and our registered address is 144 Rochester Way, London, United Kingdom, London SE3 8AR. EVEN SAFE LTD is not VAT registered.
1.2. Our main trading address is 144 Rochester Way, London, United Kingdom, London SE3 8AR.
- ORDER CONFIRMATION
2.1. For orders placed via our website, www.evensafe.co.uk, after the placement of an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
2.2. The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
- PRICES AND PAYMENT
3.1. The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
3.2. Prices on the website exclude delivery costs. These are added to the price when you add product/s to your basket. Carriage prices are as set out in our Delivery Guide (available on request, or on our website, www.evensafe.co.uk) or alternatively contact the sales office on 0203 488 7088 for delivery costs.
3.3. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
- CANCELLATIONS AND RETURNS
4.1. Products must be returned to the Company using the original box with fresh outer packing to protect from damage in transit. Customer details must be enclosed with the product. Products should be returned to the Company within 14 days from notice of cancellation. The customer is responsible for the cost of returning the products. The Company cannot be held responsible for items lost in transit.
- DELIVERY
5.1. Your order will normally be delivered within 5-7 working days from the date the order was placed. The maximum delivery period shall be 30 working days. In the event of a delay beyond the standard 5-7 working days, you will be notified via email of the approximate delivery date. Every attempt will be made to meet quoted delivery times subject to stock availability and order acceptance, but time shall not be of the essence unless specifically agreed in writing.
5.2. Delivery by courier will require a signature. It is the customer’s responsibility to ensure deliveries can be made safely at ground level, free from obstructions. The customer is responsible for manual and mechanical off-loading provision at time of delivery. The customer is responsible for the provision of the correct delivery address prior to dispatch and may be charged for any additional costs incurred during further attempts to deliver the goods should delivery address information supplied be incorrect or off-loading facilities be unavailable.
5.3. We will not be responsible for any delay occasioned by carriers after dispatch from the Company’s works. Any damages or shortages must be notified in writing, both to the carriers and the Company within three days of receipt of goods. In the case of non-delivery, claims must be made from seven days of receipt of invoice.
- GOODS DAMAGED IN TRANSIT
6.1. If you discover that the goods are damaged upon delivery, please notify us as soon as possible. We recommend inspecting the exterior of the packaging before signing for the delivery. If the packaging is visibly damaged, you may sign for the goods as “damaged” or refuse the delivery.
6.2. In accordance with the Consumer Rights Act 2015, your right to receive goods of satisfactory quality is not affected by signing for the delivery. However, to help us process your claim efficiently and pursue the carrier for damages, we request that you notify us of any transit damage in writing within a reasonable period, typically within 14 days of receipt.
6.3. Please retain all original packaging and provide photographic evidence of the damage to assist with our investigation. This does not affect your statutory rights regarding faulty or misdescribed goods.
- DEFECTS AND GUARANTEE
7.1. Products supplied by EVEN SAFE LTD are guaranteed to be free from defects of material and workmanship for a period of 24 months from purchase or 60 months on Supra C500 Pro or Supra P500 Pro only. Guarantees do not cover batteries of any type used in connection with the products supplied.
7.1.1. Products covered by the 60 month guarantee are for purchases from 1.1.2018 and onward.
7.2. Claims for faulty materials or workmanship will not be accepted if modifications or repairs to the goods have been effected other than by the company (EVEN SAFE LTD).
7.3. Faulty Products should be notified to EVEN SAFE LTD immediately with a description of the fault. If the fault cannot be resolved by telephone, in order to receive a replacement product the customer must return the faulty product, along with contact and purchase details, to EVEN SAFE LTD.
7.4. When you return a product to us:
7.4.1. because you have cancelled the Contract between us within the seven-day cooling-off period or ‘Buy and Return’ period (see clauses 4.2 and 4.3 above), we will process the refund due to you as soon as possible and, in any case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
7.4.2. for any other reason (for instance, because you have notified us in accordance with Clause 18 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you. Please request our Freepost address in order to return Product covered under this clause.
7.5. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
7.6. Where the product is found not to be faulty upon inspection, it will be returned to the customer, a replacement will not be supplied and the cost of return carriage will be chargeable.
- PAYMENT TERMS
8.1. Payment can be accepted by credit or debit card for on-line orders.
8.2. Products will not be dispatched until credit or debit card payments have been authorized as valid.
- RISK
Risk shall pass to the Customer on delivery, at which point, the customer should insure the goods against all risks.
- RETENTION OF TITLE
Title in any goods supplied by the Company shall not pass to the Customer until the company has received payment in full for all such goods.
This does not affect your Statutory Rights
- LIMITATION OF LIABILITY
11.1. We warrant to you that any Product purchased from us is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
11.2. Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
11.3. This does not include or limit in any way our liability:
a) For death or personal injury caused by our negligence;
b) Under section 2(3) of the Consumer Protection Act 1987;
c) For fraud for fraudulent misrepresentation; or
d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
11.4. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us and even if such losses result from a deliberate breach of these Terms by us that would entitle you to terminate the contract between us, including but not limited to:
a) loss of income or revenue
b) loss of business
c) loss of profits or contracts
d) loss of anticipated savings
e) loss of data, or
f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable];
provided that this clause 11.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 11.1 or clause 11.2 or any other claims for direct financial loss that are not excluded by any of categories a) to f) inclusive of this clause 11.4.
- NOTICES
All notices given by you to us must be given to EVEN SAFE LTD at 144 Rochester Way, London, United Kingdom, London SE3 8AR OR hello@evensafe.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in Clause 2 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
- TRANSFER OF RIGHTS AND OBLIGATIONS
13.1. The contract between you and us is binding on you and us and on our respective successors and assigns.
13.2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
13.3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
- EVENTS OUTSIDE OUR CONTROL
14.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
14.2. A Force Majeure Event includes any act, event, non-happening, omission, or accident beyond our reasonable control and includes in particular (without limitation) the following:
14.2.1. Strikes, lock-outs or other industrial action.
14.2.2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
14.2.3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
14.2.4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
14.2.5. Impossibility of the use of public or private telecommunications networks.
14.2.6. The acts, decrees, legislation, regulations or restrictions of any government.
14.3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
- WAIVER
15.1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
15.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
15.3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Clause 13 above.
- SEVERABILITY
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- ENTIRE AGREEMENT
17.1. These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract.
17.2. We each acknowledge that, in entering into a Contract, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (Representation) of any person (whether a party to that Contract or not) other than as expressly set out in these terms and conditions.
17.3. Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these terms and conditions.
17.4. Nothing in this clause shall limit or exclude any liability for fraud.
- OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
18.1. We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
18.2. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we sent you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
- LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.