TERMS AND CONDITIONS
This site is owned by MDE Sports UK LTD (Trading as Evolution Skates) and registered in England, Registration No. [09596167].
Contact Email: info@evolutionskates.co.uk
Any purchase of goods from this site requires the customer to consult and accept these terms and conditions. The click validating the order implies full acceptance of these terms and represents the customer's "digital signature".
Purpose
These terms and conditions are intended to define the rights and obligations of the parties in the sale of goods proposed online by MDE Sports UK LTD for the customer.
Order Confirmation
All contractual information will be confirmed by email to the address specified by the customer during the purchasing act.
Proof of Transaction
The records stored in MDE Sports UK LTD's computer systems under reasonable safety conditions are considered proof of communications, orders and payments made between the parties.
Purchase orders and invoices are stored on a reliable and durable system and can be produced as evidence.
Product Information
Every effort has been made to ensure the accuracy of the information presented on this site. Our product images shown on our website are to give you an idea of the product you are purchasing and may vary slightly from the final product especially when this pertains to how products appear on individual computer screens. Item packaging is subject to change and may vary from images or facts shown on our site.
Manufacturer and brand names are only used for identification purposes. Product photos, descriptions and prices are non-contractual.
Validity Period of Offer and Prices
All prices are in sterling and will be available online for all products at the time of sale including VAT. These prices may change but will not affect the price you have already paid on a past purchase. All delivery charges will be listed separately and are added to the overall total during the checkout stage.
If a situation arises where you have ordered an incorrectly priced item we will contact you using the details you have provided us with to inform you of this. You will be given the option to either cancel your order or pay the correct price for the item and continue with your order. If we are unable to contact you we will cancel your order and return all funds back to your account and send confirmation of this to you using the details you have provided.
If we advise you prior to the point of purchase that there is incorrect pricing online we are not obliged to honour the mistaken price and it will be at the customers discretion to whether they continue with purchase or not. Any price waivers are completely at the discretion of the MDE Sports UK LTD Management team.
DELIVERY TERMS
As with any shipment, a delay or loss of goods is possible. In such a case, the carrier shall start an investigation. Every effort is made, for as long as necessary, to find the package. If the package is not found, the carrier will reimburse MDE Sports UK LTD, who will deliver a new, identical package to the customer free of charge.
We shall not be held responsible for delayed delivery times due to the carrier, including for the loss of goods, bad weather or strikes.
All deliveries are made Monday-Friday with the exception of Royal Mail deliveries which will be delivered as per the postal times in your area.
All deliveries are all day timeslots.
Any goods that are left at the customers (Or another) property at the customers instruction to either MDE Sports UK LTD or one of our couriers will be left at the customers own risk and will not be refunded or replaced in the event of theft, loss or damage.
All special delivery instructions are advisory and will not be considered if they contradict the delivery terms (IE: "Leave in porch" when a signature is required for delivery). Special instructions that are followed are at the customers instruction, if instructions are followed orders will not be refunded or replaced in the event of theft, loss or damage.
Replacements & Returns
Non Faulty Items
Non-faulty items must be sent back in their original packaging in an unused condition (It is acceptable to try on items for sizing purposes as this is part of checking the item to see if it is suitable) within 30 days of receiving the goods, they must be returned “As New” and deemed in a re sellable condition by MDE Sports UK LTD Members of staff. The Customer will be responsible for returning the products back to the Head Office address and would have to cover any postage costs incurred on all returns. A full refund of the item amount will be returned to the customer but MDE Sports UK LTD will be entitled to make a deduction from the refund for any diminution in value of the returned goods due to handling which goes beyond the sort of handling that might reasonably be allowed in our Showroom. The original delivery charges would however be refunded at our basic cost rate, if the customer has selected an express or next day option the difference will not be refunded. If an exchange is requested then the customer must return the item as previously stated and the requested exchange will be shipped to the customer after receipt of the returning item providing it meets the previous requirements and is a replacement of the same item at the same price. After 30 days you loose your right to return the item for a refund unless discretion is used by the MDE Sports UK LTD Management team. If a refund is authorised at this point then, along with a re stocking fee of 25% of the item cost, the original delivery fees incurred by MDE Sports UK lTD will be deducted from your overall refund amount as you would be over the 30 days
Damaged or Faulty Items
Any damaged or faulty items reported within 30 days of the delivery date can be returned for a free of charge replacement, repair or full refund including delivery charges and there will be no re stocking fee to return the damaged items to us. After 30 days of the delivery date a replacement will be the only option offered unless we are unable to provide a replacement or discretion is used by the MDE Sports UK LTD Management team. After 6 months of purchase MDE Sports UK LTD are responsible for repairs, replacements or partial refunds for 6 years after your purchase date. However after the first 6 months has passed it will be up to the customer to independently prove there is a manufacturing defect with the products by providing an independent report and failure to do so will result in no action taken by MDE Sports UK LTD. The report must be from a registered expert and sent to our email address or postal address on the independent company’s official documents with a full breakdown of the issues or it will not be considered. Please be aware that due to nature of the sports we supply MDE Sports UK LTD staff may request a photo of the damaged item at any stage to verify if the item is covered by any guarantee due to the type of damage that has been sustained.
Please see below for items that are not guaranteed:
Hockey Sticks, Shafts, Blades:
These items are not guaranteed as they are of high risk of breaking through general usage.
Skates Damaged by Incorrect Sizing (Online Purchases Only)
If skates have become damaged due to a customer purchasing the incorrect size they will not be eligible for a replacement or refund. This is only applicable to online sales as we are unable to select the correct sizes for you and do our best to provide you with size measuring charts. Damage due to incorrect sizing is very apparent and a customer may be asked to send a photo of a damaged skate if we suspect this to be the case.
Skateboards / Longboards / Cruisers :
Skateboard custom setups are custom made item and cannot be returned. Snapped or cracked boards cannot be returned as they are of high risk of breaking through general usage.
Certain Consumables:
Worn items through general use are not covered. This includes wheels and bearings or other ware and tear parts such as sole plates, astro nuts, rising pads, grip tape etc.
Any made to measure goods, any personalised goods, any goods that have been ordered specially and any underwear / base layer goods cannot be returned. CD's, videos, games and DVD's will not be accepted unless they are returned sealed. Magazines and custom skateboard setups cannot be returned. Clothes - must be unworn, all tags and stickers attached and back into its original packaging.
IMPORTANT please ensure when returning products to us please include a note with your name, details and what action you would like taken with the item (Replacement/Exchange/Refund) so we can identify the parcels as yours and know the correct action to take.
We would suggest that you keep a note of your order number in case you need to contact us regarding your return.
All refunds will be required to be returned in / to the original method of payment. This includes promotional vouchers and discount codes which will also be returned of the amount originally paid in this way only.
All refunds will be keyed once we have possession of the returning items and can then take up to 7 working days to be returned to the customers account. MDE Sports UK LTD will process any agreed refunds immediately however the transaction must go through the standard banking procedure before it reaches you, this is outside of our control and any complaints regarding this matter should be followed up with your bank. Please note this is the same process when you make your payment and although your money will leave your account immediately it will go through the same process before reaching our accounts.
Cancelling an Order:
You have a right to cancel any order with from the time of the delivery date up to and including 30 days after your final products have arrived providing all items can be returned unused and sealed in their original packaging. MDE Sports UK Ltd must be notified of your wish to cancel by email, phone call within the 30 days or you will loose the right to cancel and your products will be dealt with under the “Non Faulty / Faulty” items section of our returns policy.
Right of Use
The use of any trademarks, logos or brands present on the site is strictly forbidden.
Force Majeure
Neither party will be deemed to be in breach of any of its obligations under the agreement as a result of any delay in performing or any failure to perform any such obligations by reason of any cause or event beyond the parties' control. A force majeure event includes, but is not limited to, any unforeseeable, inevitable, or unstoppable act, event, non-happening, omission or accident beyond the control of either party, despite all reasonable efforts made to the contrary. In addition to events usually recognized by the British courts, a force majeure event includes in particular (without limitation) the following: Strike, lock-out, earthquake, fire, storm, flood, lightning, explosion, impossibility of the use of public or private telecommunications networks.
In such circumstances, the party delayed or unable to perform ("Delayed Party") shall notify the other party ("Affected Party") within ten (10) business days following the date such events become known.
Unless prevented due to force majeure, both parties will meet within three months to examine the impact of the event and agree to the conditions under which the contract shall be continued. If the force majeure lasts longer than one (1) month, this agreement may be terminated by the injured party.
Partial Invalidity
These terms and conditions remain valid and in force, even if one or more clauses are invalid or declared so under any law, regulation or following the final decision of a competent court.
Data Protection
All personal data you provide us is used to process your orders. This data will be treated in accordance with the Data Protection principles outlined in the Data Protection Act 1998.
Applicable Law and Competent Jurisdiction
In form and content, these Terms and Conditions shall be governed by and construed in accordance with English law. All orders placed on "evolutionskates.co.uk" strictly imply the acceptance of MDE Sports UK LTD's terms and conditions.
In case of dispute or claim, the customer agrees to seek an amicable solution with MDE Sports UK LTD before proceeding with any legal action. In the event where such a solution cannot be found, any disputes concerning the sale (price, Terms and Conditions, products, etc.) will be subject to the exclusive jurisdiction of the English courts.
