TERMS OF USE
Please read these Terms of Use carefully before using any portion of this website. These General Terms and Conditions exclusively apply to all business relations between a customer (hereinafter referred to as the “Customer “) and Evolution Sports Inc. (hereinafter referred to as “Evolution“) relating to products offered by Evolution and purchased by the Customer through the website as defined below. The applicability of conditions of the Customer, if any, is explicitly excluded.
By accessing and using the Site, you signify your consent to these Terms and Conditions in their entirety in addition to any other law or regulation that applies to the Site and the Internet. If you do not agree to these Terms and Conditions in their entirety, please leave the Site.
CONTENT OF THE CONTRACT
Orders placed by the Customer via the website http://www.evolution-sports.ca for the products offered by Evolution through the Website are only an offer to conclude a sales contract. The sales contract is only concluded upon the confirmation of the order by Evolution to the Customer. The contract partner of the Customer is Evolutions Sports Pro Inc, Evolution shall be free to engage the services of third parties for the performance of its obligations under a sales contract.
Evolution reserves the right to limit the quantities of items which you, your family, household, delivery address, payment method, or any group can purchase, to reject, correct, cancel or refuse orders, and to determine accounts in its discretion including, without limitation, if Evolution believes that your conduct contravenes any applicable law or is harmful to the interests of Evolution or its representatives, contractors, suppliers or licensees, or other website users.
All information provided by Evolution, whether electronic or by telephone, shall be as accurate as reasonably possible. However, Evolution shall not be liable for any error. More specifically, the images of products offered on the Website are for illustration purposes only and Evolution shall not be bound thereby in any way whatsoever.
PRICING
The price of a product shown on the Website (hereinafter referred to as the “Purchase Price”) is the net price excluding taxes/HST or shipping cost.
The Customer bears the shipping costs from our facility to the address instructed by the Customer, which shall be added to the Purchase Price. The Customer is informed of the amount of the shipping costs during the order transaction via the Website. Costs which may arise due to customs duties or customs clearance are borne by Evolution.
Evolution reserves the right to change the Purchase Price of any of the products offered at any time.
RETURN POLICY & INSTRUCTIONS
The Customer has a right to suspend the sales contract as per the terms set forth. The Customer is not obliged to include the reason for dissolving the sales contract. The dissolution shall be made by return of the products within thirty (30) days of receipt of the product(s).
The Customer bears the direct costs and risks of the returned products. A right of suspension does not exist with regard to products made according to the Customer’s specifications, which are personalized, or which are not suitable for return due to their nature and/or constitution.
Evolution has the right to set off any depreciation of products returned in case of (mis)use of the products. This is not applicable if the depreciation is the sole result of the examination of the products. The return of the products shall, as much as possible, include the original packaging. In case of an effective return, payments already received are to be refunded.
If the Customer exercises his/her right of suspension, (s)he is obliged to return the products as soon as reasonably possible but at least within thirty (30) days of the dissolution.
FILING OF COMPLAINTS
In case a customer wishes to file a written complaint regarding any part of executing a sales contract following an order made by Customer via the Website, Customer is entitled to do so at the following address:
DELIVERY
Delivery is made to the address instructed by the Customer. Evolution reserves the right to deliver products ordered partially.
METHOD OF PAYMENT
- Visa
- Mastercard
- American Express
- Apple Pay
- Google Pay
- Discover
If the Customer does not pay any amount s/he owes, s/he is in default without notice. As soon as the Customer is in default on any payment, all Evolution remaining claims on the Customer are due, and the Customer is immediately in default without notice with respect to those claims.
Products shall only be dispatched to the Customer after full payment has been received by Evolution.
RESERVATION OF TITLTE & INTELLECTUAL PROPERTY
All products delivered by Evolution remain the property of Evolution Sports Pro Inc. until such time as the Customer has paid in full all amounts owed to Evolution in connection with the products delivered, including damages, costs and interest. The Customer has no right of retention with respect to these products.
The Customer acknowledges that Evolution is and remains the sole and exclusive owner of all trade names, brand names, domain names, patents, copyrights, database rights, registered and unregistered designs and other proprietary trademarks of Evolution. The Customer will in no event be granted Evolution’s proprietary rights.
MAINTENANCE OF THE PRODUCTS
The washing and maintenance instructions indicated on the tags of the products are pointed out to the Customer. Evolution does not bear costs or compensate any damage occurring to products due to improper handling.
WARRANTIES & LIMITATION OF LIABILITY
Evolution is never obliged to pay compensation for damages except if and insofar as the damage suffered was inflicted intentionally or by the gross negligence of Evolution or its own employees. Evolution’s liability for loss of profits, consequential or indirect damages is, however, at all times excluded, except in the case of intention on the part of Evolution itself.
In all cases in which Evolution is obliged to pay compensation for damages, this will never be higher than, at its option, either the invoice value of the product delivered to which or in connection with which the damage was caused, or, if the damage is covered by an insurance policy of Evolution, the amount that is actually paid out by the insurer with respect thereto.
Any claim towards Evolution, except those recognized by Evolution, lapses after a period of 30 days from the time the claim arose.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions shall be governed by the laws in force in the Province of Ontario and you and evolution hereby submit to the non-exclusive jurisdiction of the Ontario Courts.
