EVERMAX TECHNOLOGY LIMITED
CONSUMER TERMS AND CONDITIONS OF SALE
The following terms and conditions apply to all transactions on www.emshop.co.uk. The placing of an order indicates your acceptance of these terms and conditions. Please read them carefully and print a copy for future reference.
It is only when we have despatched the goods to you that we have a binding contract and it is only at this point that the items will be charged to your credit / debit card.
Exception : Special Order items are charged instantly, regardless of the item’s estimated time of arrival (eta). If for any reason we cannot supply the item will advise you of its cancellation and/or offer alternative options.
These terms of sale apply to all goods and services supplied by Evermax Technology Limited, Unit 32, Park Royal Business Centre, 9-17 Park Royal Road, London NW10 7LQ, registered in English and Wales No. 3945527 (the "Supplier", or "Evermax", or "our", or "we", or "us").
Any order placed by you for goods and services on our website is an offer by you to purchase the goods and services selected in your order. No contract exists between you and us for the sale of any goods until we have received your order and accepted it (which we may do at our discretion).
If we accept your order, we will notify you by email that we have accepted it prior to dispatch of the goods. If we cannot accept your we will notify you by telephone or email.
All products are subject to availability and may be withdrawn at any time. We reserve the right not to supply the goods ordered and to offer you a refund or alternative goods wherever possible.
We have the right to terminate the contract if the price of the goods is not received from you in cleared funds.
Payment for the goods and delivery charges can be made by any method shown on the Supplier´s website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be a fundamental term of this agreement, breach of which shall entitle the Supplier to terminate the contract immediately.
There will be no delivery until cleared funds are received.
The goods you order will be delivered to the payment card address you give when you place your order. Customer shall make all arrangements necessary to take delivery of goods whenever they are tendered for delivery.
If delivery cannot be made to your address for reasons under the Supplier´s control the Supplier will inform you as soon as possible.
If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier , the Supplier may store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage and re-delivery charge.
Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition or damaged in transit then please refuse the delivery. As internal damage cannot always be identified on delivery, the Customer must sign the drivers manifest as “UNCHECKED”. Should any damage be identified on opening the package, Evermax must be advised within 24 hours of the exact damage. It is imperative that the Customer does not dispose of any of the packaging, as this will be required to affect a claim against the carrier. The claim will be handled by us, and an arrangement will be made to collect/return the damaged goods and replacements will be sent. We cannot accept any claims for damage if the above time scales are not followed.
It is the Customers responsibility to sign for the correct number of packages that are delivered, the Customer is required to check the number of packages delivered equal the number of packages on the delivery drivers manifest or consignment note. Any shortages must be noted on the drivers manifest and it is the Customers responsibility to thereafter notify us within 24 hours of delivery.
If the customer find item missing in the package, the customer must notify us within 24 hours of delivery. The matter will be investigated and the customer will be informed of the decision.
We will not accept liability for goods lost in transit unless we are notified within 3 days from the expected delivery date. This will be a date advised on the customer despatch note which is emailed to the customer when the goods have been despatched.
Evermax makes resonable effort to keep any delivery arrive on time. We shall not be liable for any losses, costs, damages or expenses incurred by the customer or any other person or company arising directly or indirectly out of any failure to meet any estimated delivery date.
The goods are at your risk from the time of arrival.
You have the right to cancel your order at any time up to 7 days after you receive the goods. Please note that this policy has some limitations and only apply to consumer customers only.
To exercise your right of cancellation, you must give written notice to the Supplier by letter, fax, or email to us, giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient. The Distance Selling Regulatios will apply. In all instances, goods must be returned as new, with no blemish, defect of parts missing, neither must the outer manufacturer packaging show any damage or be defaed in anyway. Should the items/packaging show any damage or be imcomplete and defaced in any manner a 25% fee will apply, this will automatically be deducted from the credit issued.
Except in the case of faulty or misdescribed goods, if you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods.
You do not have the right to cancel the contract if the order is for computer software which has been activated or unsealed by you, or for consumable goods which, by their nature, cannot be returned. You will need to contact the manufacturer directly in these instances.
All new goods supplied by the Supplier are warranted free from defects for 12 months from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer. If new goods develop a defect during the 12 month warranty period, you should follow the Supplier's Returns procedure. A restocking fee of up to 25% is charged on returns, which prove to be non-defective. It is therefore imperative that you have made contact with the manufacturer or Evermax Support Team first to identify the fault. The restocking fee is non-negotiable. In all instances when contacting a Manufacturer you must retain the reference code that you are given. Testing fee of £20 and return postage will be applicable for non faulty items.
In the event of a valid claim for a defect in the new goods, the Supplier will (at its option) either:
replace those goods, if the Supplier has available the same goods at the same price;
repair those goods; or
refund or re-credit you the sum you have paid for the relevant goods within 30 days of the date that the relevant goods are returned in accordance with the Supplier's Returns procedure.
Wherever possible, previously used or owned goods ("Used Goods") will be highlighted as being so used on the Supplier´s website at the time you place your order. All Used Goods supplied by the Supplier are warranted free from defects for 90 days from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer. If Used Goods develop a defect during the 90 day warranty period, you should follow the Supplier's Returns procedure. In the event of a valid claim for a defect in the Used Goods, the Supplier will (at its option) either:
replace those Used Good(s), if the Supplier has available the same Used Goods(s) at the same price;
repair the Used Good(s); or
refund or re-credit you the sum you have paid for the relevant Used Good(s) within 30 days of the date that the relevant Used Good(s) are returned in accordance with the Supplier´s Returns procedure (see condition 12 below).
The warranties do not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than in accordance with its intended use, failure to follow the manufacturer's or Supplier´s instructions, or any alteration or repair carried out without the Suppliers prior written approval.
If the goods supplied to you are damaged in transit, you should notify the Supplier in writing, email or phone within 7 working days of receipt of the goods and return the goods to us in accordance with our policy.
Any items that you return to us are at your own risk, therefore we strongly advise all our customers to take reasonable care when returning any items to us for example, by ensuring the goods are correctly addressed, adequately packaged, and carried by a reputable carrier The majority of items are returned to us using Royal Mail Special or Recorded Delivery. We can’t take any responsible for any items which are not arrived at our warehouse.
If you are a consumer the Supplier shall not be liable to you for any loss or damage in circumstances where:
there is no breach of a legal duty owed to you by the Supplier or by its employees or agents;
such loss or damage is not a reasonably foreseeable result of any such breach;
any increase in loss or damage resulting from breach by you of any term of this contract.
loss of business; loss of data; loss of profits; loss of goodwill; loss of anticipated savings or loss of revenue even when advised of the possibility; or
any indirect or consequential losses, liabilities or costs.
Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier´s negligence or fraudulent misrepresentation.
The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.
Product images are for illustrative purposes only and may differ from the actual product.
These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract.