PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY BEFORE PLACING AN ORDER FOR ANY PRODUCTS FROM EVANJI LIMITED. WE RECOMMEND THAT YOU PRINT AND KEEP THESE FOR YOUR OWN RECORDS.
When placing an Order and purchasing products from http://www.evanji.co.uk you are entering into a legally binding agreement with us governed by the following Conditions.
Please read and ensure that you understand these Conditions before placing an order.
These are the Standard Terms and Conditions of Sale for:
Evanji Ltd, 84 Frogmore Road Market Drayton, Shropshire. TF9 3AR.
Registered company address: 84 Frogmore Road, Market Drayton, Shropshire. TF9 3AR.
Company Registration No. 4887252
(“the Seller”, “We” or “Us”) for Beauty/Cosmetic and Holistic Therapy products as set out in the pages on this site (“the Goods”).
Subject to the provisions of Clause 4.2 below, the price of the Products, the delivery charges and any VAT if applicable is set out on the Order Form.
Every effort is made to deliver the Products as stated in the relevant pages. We do not accept any liability for late delivery of the Products and your attention is drawn to the provisions of Clause 6 below.
In accordance with the provisions of the ‘Consumer Protection (Conclusion of a Contract at a Distance) Regulations 2000’, you have the right to withdraw from this transaction. Details of your right to withdraw can be found in Clause 9 below.
We reserve the right, at our discretion, to alter these Conditions at any time. Please check regularly for any alterations.
EVANJI LIMITED PURCHASE/SALE TERMS & CONDITIONS
1.1 In these Conditions:
‘Conditions’ means the standard Terms and Conditions of sale set out in this document;
‘Contract’ means the contract for the sale of the Products;
‘Payment Card’ means the credit or debit card or other payment system chosen by you to be used as the method of payment for the Goods of which you have provided details to us when placing the Order;
‘Delivery Area’ means throughout the EU. International purchasers please enquire.
‘Products’ which you have ordered from our Web Site in accordance with the Conditions;
‘Information System’ means a system for generating, sending, receiving, storing or otherwise processing electronic communications;
‘Order’ means any order placed by you with us for the supply of Products;
‘Order Form’ means the electronic order form completed and submitted electronically by you;
‘Regulations’ mean the Consumer Protection (Distance selling) Regulations 2000;
‘Web Site’ means our presence on the World Wide Web, currently accessible via the address http://www.evanji.co.uk
1.2 Unless the context otherwise requires:-
1.2.1 words importing the singular shall include the plural and vice versa;
1.2.2 words importing the masculine gender shall include the feminine gender and vice versa;
1.2.3 references to persons shall include bodies of persons whether corporate or incorporate.
1.3 Unless the context otherwise requires references to clauses shall be construed as references to clauses of these Conditions.
1.4 Headings are inserted for convenience only and shall not affect the construction or interpretation of these Conditions.
2. Basis of the sale
2.1 We shall sell to you and you shall purchase only the Products that you have set out in an Order, and which has been accepted by us. We reserve the right to reject any Order. Each individual sale of Products will be subject to these Conditions, which shall govern the Contract over and above any other terms and conditions.
2.2 No Order submitted by you shall be deemed to be accepted by us unless and until confirmed by e-mail or in writing by us.
2.3 No variation of these Conditions will be deemed binding upon us unless and until agreed by e-mail or in writing by us.
2.4 Any advice or recommendation given on this web site or otherwise given by us or any of our franchisees to you as to the storage, application or use of the Products is followed or acted upon entirely at your own risk, and accordingly we shall not be liable for any such advice or recommendation.
2.5 Any typographical, clerical or other error or omission on any page of this web site or in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by us shall be subject to correction without any liability on our part.
3.1 The quantity and description of the Products will be those set out in your Order.
3.2 Orders are accepted normally once payment is received. If the Products are not in stock we will despatch them as soon as they are ready, e-mailing you accordingly.
3.3 Evanji Limited are entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the Products appearing on our website.
3.4 You shall be responsible for ensuring the accuracy of any Order submitted by you.
3.5 The quantity and description of and any specification for the Products shall be those set out in the relevant pages of this site.
3.6 We reserve the right to make any changes in the specification of the Products that are required to conform to any applicable statutory or EC requirements.
4. Price of the goods
4.1 The price of the Products shall be the price set out on the relevant page of this site. We reserve the right to change the prices set out on this site. If we accept an order from you post marked/electronically dated before the price increase we will honour the original price.
4.2 In addition to the price of the Goods you will be liable to pay our charges for postage, packaging and any insurance as shown on the Order Form.
4.3 The total price is inclusive of any applicable VAT.
5. Terms of payment
5.1 Upon providing us with details of the Payment Card and submitting the Order through Paypal or providing a cheque you:
5.1.1 confirm and undertake that the information contained within the Order is true and accurate and that you are duly authorised to use the Payment Card; and
5.1.2 authorise us to deduct from the Payment Card account the full price of the Products, postage and all other payments, which may become due to us under this Contract.
5.2 The deduction of monies from your Payment Card does not mean that we have accepted your order nor does it mean that a contract has been formed between us. In the event that we reject your order we will credit your Payment Card with the amount deducted.
5.3 If it is not possible to obtain full payment from your account the Products will not be despatched.
5.4 Where any faulty Products are returned unused by you in accordance with your rights under the provisions of Clause 9, we shall credit the Payment Card with the appropriate amount.
5.5 We will take all reasonable care to keep all information connected with your order secure but we cannot be held liable for any loss that you may suffer if a third party obtains unauthorised access to any data, including credit and account details you provide when accessing or ordering from this Web Site, unless this is solely due to our negligence.
6.1 Delivery of the Products shall be made by Royal Mail or a suitable courier to the address shown on the Order Form. It is important that this is accurate. We cannot accept any liability for any loss or damage to the Products once they have been delivered and have been signed for as received in good condition.
6.2 Whilst every effort will be made to ensure that any Products ordered are delivered within the period specified any dates quoted are approximate only and we shall not be liable for any delay in delivery however caused. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to arrange an alternative time.
6.3 If we fail to deliver the Goods (or any instalment) for any reason other than any cause beyond our reasonable control or your fault, and we are accordingly liable to you, our liability shall be limited to the price of the Goods.
6.4 If you fail to take delivery of the Goods or fail to give us adequate delivery instructions we may cancel the Contract and refund to you the price of the products less the cost of their delivery and the cost of their being returned to us.
7. Risk and property
7.1 Risk of damage to or loss of the products shall pass to you at the time of delivery when they are signed for.
7.2 Goods supplied to you are not for resale. (This clause is not applicable to Evanji Franchisees.)
8. Warranties and liability
8.1 Your statutory rights are not affected by these Conditions.
8.2 Any claim by you that is based on any defect in the quality or condition of the Products should be notified to the Company within 7 working days from the date of delivery. If delivery is not refused, and you do not notify us accordingly, you shall not be entitled to reject the Products and we shall have no liability for such defect or failure.
8.3 Where any valid claim based on any defect in the quality or condition of the Products is notified to us in accordance with these Conditions, we shall replace the products free of charge or, at our discretion, refund to you the price of the products and we shall have no further liability to you.
8.4 EXCEPT IN RESPECT OF DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, WE SHALL NOT BE LIABLE TO YOU BY REASON OF ANY REPRESENTATION (UNLESS FRAUDULENT), OR ANY IMPLIED WARRANTY, CONDITION OR OTHER TERM, OR ANY DUTY AT COMMON LAW, OR UNDER THE EXPRESS TERMS OF THE CONTRACT, FOR ANY LOSS OF REVENUE OR PROFITS; LOSS OF ANTICIPATED SAVINGS; LOSS OF GOODWILL OR INJURY TO REPUTATION; LOSS OF BUSINESS OPPORTUNITY; LOSSES SUFFERED BY THIRD PARTIES; OR ANY OTHER INDIRECT, CONSEQUENTIAL OR SPECIAL LOSS OR DAMAGE REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE), WHICH ARISE OUT OF OR IN CONNECTION WITH THE SUPPLY OF THE PRODUCTS OR THEIR USE OR RESALE BY YOU, AND OUR ENTIRE LIABILITY UNDER OR IN CONNECTION WITH THE CONTRACT SHALL NOT EXCEED THE PRICE OF THE PRODUCTS, EXCEPT AS EXPRESSLY PROVIDED IN THESE CONDITIONS.
8.5 SUBJECT TO OUR OBLIGATIONS AND YOUR RIGHTS UNDER THE REGULATIONS, WE SHALL NOT BE LIABLE TO YOU OR BE DEEMED TO BE IN BREACH OF THE CONTRACT BY REASON OF ANY DELAY IN PERFORMING, OR ANY FAILURE TO PERFORM, ANY OF OUR OBLIGATIONS IN RELATION TO THE PRODUCTS, IF THE DELAY OR FAILURE WAS DUE TO ANY CAUSE BEYOND OUR REASONABLE CONTROL.
8.6 We assume no responsibility for the contents of any other web sites to which this Web Site has links.
9. Right of Withdrawal (Consumers Only)
9.1 You shall have a period of 7 working days after the date on which you have received the products to withdraw from the Contract and to return the products to us, and you shall be responsible for payment of the direct costs in returning the products to us and we shall be entitled to deduct from any refund of the price for the products an amount equal to such delivery costs as are paid by us on your behalf.
9.2 The right to withdraw from the Contract does not affect any of your statutory rights.
10.1 Any communication sent electronically by e-mail or otherwise:
10.1.1 will be deemed to have been sent once it enters an Information System outside the control of the originator of the message;
10.1.2 will be deemed to have been received by the intended recipient at the time that in a readable format it enters an Information System, which is capable of access, by the intended recipient;
10.1.3 will be deemed to have been dispatched or received in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides;
11.1 Any communication sent by post will be deemed received by the intended recipient three days following mailing where sent by first class post or five days after mailing where sent by second class post.
11.2 No waiver by us of any breach of the Contract by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
11.3 No term of the Contract is intended to confer a benefit on, or be enforceable by, any person who is not a party to the Agreement (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise).
11.4 If any provision of these Conditions is held by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction in whole or in part, it will not affect the validity or enforceability of the other provisions of these Conditions and the remainder of the provision in question shall not be affected nor will it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.
11.5 The Contract shall be governed by the laws of England and Wales, and you agree to submit to the exclusive jurisdiction of the English courts.