Terms and Conditions

 

  1. Who we are and how to contact us

www.theevolutionclinic.co.uk a site operated by Eliz Evolution Ltd. We are registered in England and Wales under company number 13050760

and have our registered office at 85 Portland, First Floor, London W1W 7LT.

 

If you need advice, assistance or have any feedback about www.theevolutionclinic.co.uk product or service, please email us at info@theevolutionclinic.co.uk

 

  1. Placing an Order

When purchasing items from our website you are agreeing to our Terms & Conditions. Once you have placed your order you will receive an email acknowledging the exact details of your order. Unless we have notified you that we do not accept your order, this is the completion of the contract between yourself and Eliz Evolution Ltd

2.1 How we will accept your order

 

When you place an order via the Site for a product, we will send you an order confirmation email listing each product you have requested to buy and an estimated delivery or collection date for them. Our order confirmation email is not acceptance of your order by us.

Once payment has been made for the products you have ordered, we will arrange for the products to be delivered to you or made ready for collection (depending on which option you select when placing your order) and to send you a dispatch/ready for collection email. This email confirms that your order has been accepted by us and that a contract is formed.  Our contract with you is made in England. 

2.2 If we cannot accept your order

 

If we are unable to accept your order, we will inform you of this in writing. This might be because: we have decided to stop supplying the product; the product is out of stock; there are unexpected limits on our resources which we could not reasonably plan for; we have identified an error in the price or description of the product; the item does not satisfy our quality control standards; or because we are unable to meet a delivery deadline you have specified. We will not charge you for the product and will refund any money which you have paid us for it within 14 days.

 

  1. 3.Your order number.

We will assign an order number to your order and tell you what it is when you place your order. It will help us if you can tell us the order number whenever you contact us about your order.

 

  1. Orders for delivery outside the United Kingdom.

If the fulfilment of an order (or any aspect of it) would be illegal or unlawful, including because of breach of export controls or sanctions rules, we have the right to stop or cease to fulfil the order at any time, including after the dispatch of products or notification to you that the order has been received and is being processed.  We will not incur any liability in such circumstances. It is your responsibility to ensure that any products which you order comply with the laws of the country where they will be used.

  1. 5.You may be responsible for Import duty and taxes.

Import duty or tax costs may be invoiced to you directly from an import broker appointed by us, your local courier company, your national Government or any local Government or controlling body that has the power to raise such duties or taxes in accordance with the law in your country. We have no control over how much tax or duty any such body may charge and we recommend that you contact your local customs authority to determine a landed cost price prior to completing your purchase.

 

  1. Pricing & Product Description

All prices we use on our website do not include postage, packaging or potential import/duty costs. We try to make images, product descriptions and specifications as accurate and helpful as possible. However, Eliz Evolution Ltd take no responsibility for any variation in colour or sizing caused by the browser software you are using. All our images, descriptions and specifications contained on our website are solely published to give our customers the most accurate description possible. Eliz Evolution Ltd cannot take responsibility for any third-party advertisements or pop ups which may cause errors on you browser whilst shopping nor do we endorse them.

 

3.1 Products may vary slightly from their pictures.

The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours and patterns accurately, we cannot guarantee that a device’s display of the colours or patterns accurately reflects the colour or pattern of the product. Your product may vary slightly from those images.

 

3.2 Product packaging may vary.

The packaging of the product may vary from that shown in images on our website.

 

3.3 Your rights to make changes

If you wish to make a change to the product you have ordered, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

3.4 Our rights to make changes

 

3.4.1 Minor changes to the products.

We may change the product:

to reflect changes in relevant laws and regulatory requirements; and to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.

3.4.2 More significant changes to the products and these terms.

We may make changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.

  1. Providing the products

4.1 Delivery costs

 

The costs of delivery will be as displayed to you on our website.

 

4.2 Delivering the products

 

We will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order or, if we believe that delivery will take longer than this, we will contact you to agree an estimated delivery date.

 

4.3 Delays outside our control

 

If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay, you may contact us to end the contract and receive a refund for any products you have paid for but not received.

 

4.4 Collection by you

 

If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours of 10:00 to 17:30 on Mondays to Saturday (excluding bank holidays

 

4.5  If you do not re-arrange delivery on a mis-delivery

 

If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.

 

4.6 When you become responsible for the goods.

 

A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us.

 

4.7  When you own goods

 

You own a product which is goods once your order has been accepted and we have received payment in full.

 

4.8   What will happen if you do not give required information to us.

 

We may need certain information from you so that we can supply the products to you, for example, your name, address, telephone, email, passport details or other proof of identity and required size.  We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

 

4.9  Reasons we may suspend the supply of products to you.

 

We may have to suspend the supply of a product to:

  1. a) deal with technical problems or make minor technical changes;
  2. b) update the product to reflect changes in relevant laws and regulatory requirements; make c) changes to the product as requested by you or notified by us to you (see clause 3.4).

4.10  Your rights if we suspend the supply of products.

 

We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it.  In each case we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

 

4.11  We may also suspend supply of the products if you do not pay.

 

If you do not pay us for the products when you are supposed to you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products.

 

  1. Your rights to end the contract

5.1 Ending your contract with us. 

 

Your rights to end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

 

5.1.1 If you have just changed your mind about the productsee clause 5.2. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.

 

5.1.2  If what you have bought is faulty or misdescribed you may have a legal right to end the contract or to get some or all of your money back, see clause 5.4.

 

5.13 Exercising your right to change your mind (Consumer Contracts Regulations 2013)

 

Under the Consumer Contracts Regulations 2013, you have a right to change your mind within 21 days (“the cooling off period”) after receiving the goods and to receive a refund.  If you want to do this, you must follow the procedure set out in clause 6, but you do not have a right to change your mind in respect of products sealed for health protection or hygiene purposes, if these have been unsealed after you receive them.

 

5.2 Ending the contract because of something we have done or are going to do.

 

If you are ending the contract for a reason set out in this clause, then the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

 

5.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 3.4.2);

5.2.2 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

5.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;

5.2.4  we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons; or

5.2.5 you have a legal right to end the contract because of something we have done wrong.

5.3 If there is a problem with the product:

 

5.3.1 How to tell us about problems.

 

If you have any questions or complaints about the product, please contact us. You can write to us at Email info@theevolutionclinic.co.uk

 

5.4 Summary of your legal rights.

 

We are under a legal duty to supply products that conform with their contract of sale.  If they do not, you can ask us to repair or replace them or, if this is not possible, for a refund.  Nothing in these terms will affect your legal rights.

 

5.5 Your obligation to return rejected products.

 

If you wish to exercise your legal rights to reject products because they are faulty or misdescribed, you must either return them in person to where you bought them or post them back to us. Please contact customer services via email us at info@theevolutionclinic.co.uk

 

5.6 How to end the contract with us (including if you have changed your mind)

 

5.6.1 Tell us you want to end the contract.

 

To end the contract with us, please let us know by doing one of the following:

Contact customer services by email at info@theevolutionclinic.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.

 

5.6.2  Returning* products after ending the contract.

 

If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them or post them back to us at The Evolution Clinic Bellerive House, 3 Muirfield Crescent, London E14 9SZ, United Kingdom. Please email us at info@theevolutionclinic.co.uk for a return label.

If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.

 

5.6.3 When we will pay the costs of return.

 

We may offer free or subsidised returns in certain countries or with certain promotions.  Otherwise, we will pay the costs of return only:

  1. if the products are faulty or misdescribed; or
  2. if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.

5.7  How we will refund you

 

If you are entitled to a refund, we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

 

5.7.1 Deductions from refunds if you are exercising your right to change your mind.

 

If you are exercising your right to change your mind:

  1. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
  2. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

5.7.2. When your refund will be made.

 

We will make any refunds due to you as soon as possible.  If you are exercising your right to change your mind then your refund will be made within 10 business days from the day on which we receive the product back from you or the day on which you inform us that you have changed your mind or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 5.6.2

 

 

 

  1. Privacy Policy

When purchasing goods from Eliz Evolution Ltd we ask you to provide details such as name, address, email address and contact numbers. Some of this information will be kept on record by Eliz Evolution Ltd so we can recognise you as a customer the next time you contact us. We may use your details to send you information on new collections or other exciting news about a The Evolution Clinic collection. We will never sell your personal information.

  1. Payment Processing

All payments made on www.theevolutionclinic.com are processed via the secure payment processor Stripe. This payment feature allows you to purchase items from www.theevolutionclinic.com with your credit or debit card. All transactions are 100% secure and no sensitive payment information is held on our servers.

  1. Feedback

We always welcome feedback from our customers. If you would like to send us any feedback or comments you can do so by emailing info@theevolutionclinic.com

.

  1. Copyright & Trademark

The contents of this website (including pictures, designs, logos, images, text and all other materials) are the copyright registered trademark.

We may make changes to our site

We may update and change our site from time to time to reflect changes to our products, our users’ needs and our business priorities.

We may suspend or withdraw our site

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

 

 

 

  1. Prohibited uses

You may use our site only for lawful purposes.  You may not use our site:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these terms of use.
  • Not to access without authority, interfere with, damage or disrupt:
  • any part of our site;
  • any equipment or network on which our site is stored;
  • any software used in the provision of our site; or
  • any equipment or network or software owned or used by any third party.
  1. Interactive services

We may from time to time provide interactive services (interactive services) on our site including:

  • Bulletin boards.

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not. Where we do moderate an interactive service, should a concern or difficulty arise, please contact us at Email info@theevolutionclinic.co.uk

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.

  1. We are not responsible for viruses and you must not introduce them

Whilst we do everything we reasonably can to keep our site secure and free from bugs and viruses, we do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

  1. Which country’s laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

 

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