These are the Terms & Conditions of Sale (hereinafter referred to as "Terms") that apply between you as a Customer and Evolution Smart Bag the company (hereinafter referred to as "we"), when you purchase the Products listed as items for sale or pre-sale on our website (hereinafter referred to as "Products").
Your purchase of the Products through our website shall be subject to these Terms and no other terms or conditions shall apply. These Terms shall override any other terms or conditions referred to by the Customer or in any course of dealing.
Please, read these Terms carefully. By ordering or purchasing the Products you agree to these Terms. If you do not understand any of the Terms or do not accept any part of them, do not place an order or purchase the Products, or if you already have the Products, return them in accordance with our Product Return Policy. If you have any questions regarding these Terms, do not hesitate to contact us.ORDER AND ORDER CONFIRMATION
By ordering or placing an Order, you make an offer to us to purchase the Products you have selected from the list of items for sale on our website. You may place an Order by filling in the Order Form on our website, whereby you acknowledge that your Order is binding.
We may accept or reject your Orders at our sole discretion. If we accept your Order, we will notify you of our acceptance by issuing an Order Confirmation. If we do not accept your Order we will notify you of our rejection. Generally, we reserve 15 days as of the receipt of your Order for acceptance or rejection thereof. However, this period may be extended if further review is necessary. When you receive our Order Confirmation, a Contract between us shall enter into force. Any Contract shall be dependent and conditional upon a confirmation of both your Order and the successful processing of your credit card.
The information contained in our advertising, in other written materials or on our website shall constitute an invitation to treat. No such information shall constitute an offer by us to supply any of our Products. The non-legalese of ‘invitation to treat’ simply means that our prices, from time to time, may change. And that by following an advertisement or other communication from us you are not entitled to the price that may have been advertised at some point in time and will therefore be beholden to the current price at the time of purchase.
We maintain records of Orders and Order Confirmations and retain these for a reasonable period following a delivery of the Products. We recommend that you should retain a printed copy of these Terms along with a copy and/or note of your Order, Order Confirmation, payment method acceptance and invoice as evidence of a particular purchase.
We reserve the right to withdraw from a Contract, i.e. the right to cancel or reject any Order for any reason at any time prior to the shipment of the Products, including the period after an Order has been confirmed by us. In such a case we shall contact you to inform you that all or a portion of your Order has been cancelled. If we make the choice to withdraw from a Contract, we shall refund you the whole price you paid for the Products. You acknowledge and accept that you shall not raise any other claims.YOUR STATUS
By placing an Order, you warrant that you are at least 18 years old and you are legally capable of entering into binding contracts.
You are solely responsible for (i) providing true, accurate, current and complete information about yourself as prompted on our website or as requested by us, and (ii) maintaining and promptly updating this information by notifying us to maintain its accuracy, currency and completeness.PRODUCT INFORMATION AND AVAILABILITY
We may update, revise and/or discontinue the Products listed as items for sale on our website at any time. We may revise the prices of the Products listed as available items for sale on our website at any time. A particular price shall remain valid only throughout the day on which the Customer visits our website displaying that price. We shall do our best to make sure that there are no mistakes in the Products prices that appear on our website. Should a mistake occur despite our efforts, you agree that we shall not be bound by that incorrect price, unless your credit card has already been charged. If a mistake is discovered and you have not been charged yet, we will let you know the correct price and you will be given an option either to accept the correct price and continue in a Contract or to cancel your Order. This situation is rare but may arise in the case that we are reviewing your order due to fraud prevention measures or your credit card was denied on the first attempt, as well as other unforeseen events.
Some products may not be currently available for immediate shipment. The availability of Products may be changed and different Products may have different availability. We reserve the right to prioritize Orders and to allocate a limited stock between Orders as we may deem fit.PRICE AND TAXES
The prices of the Products are those which apply at the time of Customer’s placing an Order.
Shipping or handling costs, transport insurance, VAT (or other revenue tax), duty and other taxes, levies or charges of any authorities, including import charges related with international shipments, may be charged in addition to the applicable Products price and unless explicitly noted by us you the customer will be responsible to pay said charges.PAYMENT METHODS AND TERMS
We accept payment by approved credit cards including American Express, Discover, Master Card, Visa, and others. Other payment methods (e.g. PayPal) are available but may be removed without notice.
You must tender payment (via an accepted credit card) in order for us to accept your Order (before the delivery of the Products). For credit card payments, you must provide your valid credit card number and other details requested in the Order process. We will charge the full amount of the item plus any associated shipping fees onto your credit cards upon acceptance of your Order.
You acknowledge and agree that the business transaction is a full deposit for an obligation with captive use to meet the obligation. The funds shall be managed in a manner to fulfill the obligation of your order.SHIPPING AND DELIVERY
Please make sure to provide all pertinent information associated with your shipping, including any conditions or any limitations to your mailing address.
We do not offer default free shipping for orders on our site. For international orders, any duties, tariffs or taxes levied on your product will be solely the responsibility of the customer to cover. Evolution Smart Bag will not be liable for any import duties.
We will use our discretion in selecting a reputable carrier and appropriate means of delivery and reserve the right to change the shipping carrier at any time. We will notify you if the Products cannot be successfully delivered by any estimated or target dates given by us. We also reserve the right to cancel the Order and refund all the money paid by the Customer to us.
If the Products cannot be successfully delivered because the Customer has provided incorrect or incomplete delivery information, or the Customer has refused deliveries, the Products will be returned to us. In such a case the Customer shall be liable for any charges related to shipping. The Products may be re-delivered, but the Customer shall be required to pay all charges related to shipping. If you do not receive your Products after receiving a shipping notification from us, please send an e-mail to firstname.lastname@example.org and one of our support agents will assist you in contacting the relevant shipping company used for your specific order.TITLE
A title to the Products shall pass unto you on the moment of handing the Products over to the shipping carrier. We shall not be liable for any Product loss or damage that may occur when the Products are in transit to you. If you are interested we may insure the Products at your cost.
A title to any software comprised, included in or with Products, shall remain with us, notwithstanding the payment.PRODUCT RETURN POLICY
If for any reason you are dissatisfied with the Product you may return the Product to us for a refund, exchange or store credit. You have up to 14 days following the date you receive the Products to request a refund, exchange or store credit. You are responsible for returning the Products as soon as possible and at your own cost. We reserve the right to charge a 15% restocking fee for all returned products. The invoice must be enclosed with the Products when returned. You must take reasonable care of the items that you wish to return, and we require that the Products be returned in the original packaging, in “new condition”, undamaged and complete (with all component products, parts, accessories, guarantee cards, manuals and other documents and items). To initiate a return, please email us at email@example.com. We recommend that you insure the Products. If you return Products which have been damaged or used, or parts of which, including component products, parts, accessories, packaging, manuals and other documents and/or other items are damaged or missing, we retain the right either to refuse the return of the Product, grant only partial store credit or to charge you repair, additional restocking or related fees and delivery charges. If we reject the returned Products, the Products will be returned to you at your expense.
If you purchased the Product with a Kickstarter reward link, the sale is only eligible for store credit for the amount paid for the Kickstarter reward tier, less shipping, if returned. This provision excludes orders which occurred during the Day 1 VIP event who were granted a 30-day window for a return or exchange, less the cost of shipping.INTELLECTUAL PROPERTY RIGHTS
All copyright, trademarks or any other intellectual property rights to the Products are reserved to Evolution Smart Bag and do not transfer to the Customer upon Purchase or receipt of the Product. You shall not do, or permit to be done, anything that may detrimentally affect or violate our copyright, trademarks or any other intellectual property rights to the Products.WARRANTIES AND DISCLAIMERS
Upon shipment Evolution Smart Bag warrants the Product against defects in materials and workmanship under normal use for a period of six months (180 days) from the date of retail purchase by the original purchaser ("Warranty Period"). Under this Limited Warranty, if a hardware defect arises and a valid claim is received by Evolution Smart Bag within the Warranty Period, at its option and to the extent permitted by law, Evolution Smart Bag will either (1) repair the Product at no charge, using new or refurbished replacement parts or (2) exchange the Product with a new or refurbished Product. In the event of a defect, to the extent permitted by law, these are your sole and exclusive remedies. This Limited Warranty is valid only in the United States for Products sold in the United States.
When a Product or part of the Product is exchanged, any replacement item becomes your property and the replaced item becomes Evolution Smart Bag's property. Parts provided by Evolution Smart Bag in fulfillment of its warranty obligation must be used in Products for which warranty service is claimed.
Instructions to Obtain Warranty Service: To obtain warranty service, you must deliver the Product, freight prepaid, in either its original packaging or packaging providing an equal degree of protection, to the address specified by Evolution Smart Bag. In accordance with applicable law, Evolution Smart Bag may require that you furnish proof of purchase details and/or comply with registration requirements before receiving warranty service.
Exclusions and Limitations. This Limited Warranty applies only to the Product manufactured by or for Evolution Smart Bag that can be identified by the "Evolution" trademark, trade name, or logo affixed to it. The Limited Warranty does not apply to any (a) Evolution products and services other than the Product, (b) non-Evolution hardware product, (c) consumables (such as batteries), or (d) software, even if packaged or sold with the Product or embedded in the Product. Refer to the licenses accompanying the software for details of your rights with respect to its use.
Evolution Smart Bag does not warrant that the operation of the Product will be uninterrupted or error-free. Evolution Smart Bag is not responsible for damage arising from failure to follow instructions relating to the Product's use.
This warranty does not apply to a Product or part of the Product that has been altered or modified (e.g., to alter functionality or capability) by anyone who is not a representative of Evolution Smart Bag. In addition, this Limited Warranty does not apply: (a) to damage caused by use with non-Evolution products; (b) to damage caused by accident, abuse, misuse, flood, fire, earthquake or other external causes; (c) to damage caused by operating the Product outside the permitted or intended uses described by Evolution Smart Bag or with improper voltage or power supply; or (d) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Evolution.
This Limited Warranty does not cover the cost of returning the Product to Evolution Smart Bag; this is your responsibility.
No Evolution re-seller, agent, or employee is authorized to make any modification, extension, or addition to this Limited Warranty. If any term is held to be illegal or unenforceable, the legality or enforce-ability of the remaining terms shall not be affected or impaired.
Limitation of Damages. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, EVOLUTION SMART BAG AND PARENT COMPANY ANUVI SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF EXPRESS OR IMPLIED WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY.
Consumer Protection. Some states do not allow the exclusion or limitation of incidental or consequential damages, or allow limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary by state to state.LIMITATION OF LIABILITY
You expressly understand and agree that, to the maximum extent permitted by the applicable law, we shall not be liable to you or to any other parties under any theory of liability (i) for any indirect, incidental, special, consequential, punitive or exemplary damages, that may be incurred by you in connection with the Products or these Terms, or for any loss of income, profits, bargain, revenue, contracts, goodwill, use, enjoyment, time, data, electronically transmitted orders or other economic advantage, arising from or relating to the Products, even if we have been advised of or should have been aware of the possibility of any such losses arising, except in the event of health dangers, life dangers and bodily injuries. (ii) for inability to order the Products via our website, or damages which occur due to unauthorized access by a third party to your Order.
You expressly understand and agree that, to the maximum extent permitted by the applicable law, our total liability in connection with the Products or these Terms shall not exceed the amount actually paid by you to us under these Terms.PERSONAL INFORMATION
We reserve the right to amend these Terms at any time, including payment and warranty terms, without notice, so please review these Terms each time prior to making a purchase of the Products. However, Contracts executed on the basis of previous Terms remain unaffected by these Terms, including the Product prices, which apply at the time of the Customer’s Order placement.
Although care is taken to ensure the accuracy of the information on our website, it could include inaccuracies or typographical errors, including pricing errors. We shall not be obliged to honor, nor be liable in respect of, such errors, except for errors concerning characteristics and nature of the Products (i.e. incorrect products specification). In this case at our discretion, we may offer you with the Products which fulfill or are close to the initially described the Products specification (if any).
We reserve the right to make improvements and/or changes in Products, prices and other details described in our website, at any time. Changes are periodically made to update our website.COMMUNICATION AND NOTICE
You acknowledge and accept that communication with us will be mainly electronic. In addition, you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. We will usually contact you by email or provide you with information by posting notices and updates on our website. By placing an Order, we collect and store your email address. From that point forward, your email address may be used to send you all agreements, notices, disclosures and other communications that we provide to you (referred to as “notices“ or “updates”). We may also give any notices to you at the postal address you provide to us when placing or updating the shipping address on your order. Notices given by you to us may be sent to our email address at firstname.lastname@example.org. Notices will be deemed received and properly served immediately when posted on our website or 48 hours after an email is sent or day after the date of the delivering of any letter. In proving the service of any notices, it will be sufficient to prove, in the case of an email, when such email was sent to the specified email address of the addressee and, in the case of a letter, upon the acknowledgement of delivery being signed by the addressee. We may provide notices to you as required by law or for marketing or other purposes (at our option) to your email address. We are not responsible for any automatic filtering you or your network provider may apply to email notifications.NO WAIVER
Omission or delay by us to insist on strict performance of these Terms, or to exercise any right, power or remedy under these Terms shall not constitute a waiver of our rights against you and does not affect our right to require future performance thereof.CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL
We shall make every effort to perform our obligations under these Terms. However, we shall 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 any circumstances beyond our reasonable control, including, without limitation, acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic/pandemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport (e.g. supplier/transport issues) and governmental or regulatory action. In the event of a delay, we shall perform our obligations as soon as reasonably possible and inform you of the delay and the actions we have taken to remedy the situation.SEVER-ABILITY
If all or any part of one or more of these Terms is or becomes illegal, invalid, unenforceable, or prohibited in any respect under the applicable law or regulation or found to be illegal or unenforceable in whole or in part under the applicable law, or with respect to a certain category of persons, such provision or part shall, to that extent, be deemed not to form part of the Contract. The legality, validity or enforce-ability of the remainder of these Terms or the remaining parts of the relevant Term shall not in any way be affected or impaired thereby.GOVERNING LAW, JURISDICTION
The sale of the Products and these Terms shall be governed by and construed in accordance with the laws of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. In addition, Customers agree that any claim, action or dispute arising under or relating to the Contract or these Terms will be submitted to the exclusive jurisdiction of the Court of California. In the case that Customers are not from California they will be subject to the exclusive jurisdiction of the Court of California. Nothing in the foregoing will prevent us from bringing an action for infringement of intellectual property rights in any country where such infringement is alleged to occur.
Copyright © 2020 Evolution Smart Bag. All rights reserved.