General terms and conditions of sale
Please read these terms and conditions carefully. They contain very important information about your rights and obligations, as well as warranty and liability limitations that may apply to you. By placing an order for Products, you (“Buyer”) accept and agree to these terms and conditions. A binding contract will only be formed upon EVIDECO giving notice of its formal acceptance of an order. Acknowledgment of receipt of an order shall not constitute acceptance of an order.
- 1. Parties and Definitions
All imported products (collectively the “Products”) distributed by EVIDECO (hereinafter “Seller”) shall be in accordance with the following terms and conditions unless set forth in a customer master agreement previously executed by and between Seller and Buyer.
EVIDECO is a Limited Liability Company of Florida, located at 513 NE 189TH STREET MIAMI FL 33179 and represented by Cedric Poulard-Moussier, the general manager.
- 2. Controlling Provisions
No terms and conditions other than the terms and conditions contained herein shall be binding upon Seller unless accepted by it in a writing signed by the Seller. All terms and conditions contained in any prior oral or written communication, including, without limitation, Buyer’s purchase order, which are different from or in addition to the terms and conditions herein are hereby rejected and shall not be binding on Seller, whether or not they would materially alter this document, and Seller hereby objects thereto. All prior proposals, negotiations and representations, if any, are merged herein. Buyer will be deemed to have assented to all terms and conditions contained herein if any part of the goods and/or services described herein are shipped or an invoice is presented in connection with the said goods and/or services.
3. Product Acknowledgment
Information contained in advertising, brochures, other written materials, on the websites or given to the Seller agents or employees are accurate and as close as possible to the reality. Seller shall not be responsible for small differences between the pictures advertised and the Product itself (including but not limited the color tone), which do not materially and adversely affect overall the Product according to the then current Seller specifications. Buyer shall be responsible for verifying the literature and information before purchasing (including but not limited the size and the form of the Product).
4. Placing your Order – Order Acknowledgment, Order Confirmation
By placing an Order, the buyer makes an offer to us to purchase the Products and/or Services he/she has selected on these Terms. The Buyer may or may not accept the offer at their own discretion. If the Seller accepts the Order, the Seller will notify the Buyer of their acceptance by issuing an Order Confirmation. Generally, EVIDECO has 24 hours following the receipt of the placed Order for such verification and confirmation. As long as EVIDECO has not confirmed both of the above mentioned points, EVIDECO is not obliged to provide Products and/or Services.
EVIDECO may in its sole discretion accept or reject orders, or advise you of its inability to process orders.
Information contained in advertising, brochures, other written materials, on the websites or given to you by our agents or employees constitutes an invitation to treat. No such information constitutes an offer by us to supply any Products and/or Services.
By agreeing to these Terms of Service, the buyer represents that the buyer is at least the age of majority in the state or province of residence, or that the buyer is the age of majority in the state or province of residence and the buyer has given EVIDECO consent’s to allow any of minor dependents to use this site.
The Buyer may not use EVIDECO products for any illegal or unauthorized purpose nor may its, in the use of the Service, violate any laws in its jurisdiction (including but not limited to copyright laws). A breach or violation of any of the Terms will result in an immediate termination of Services.
5. Modifications of the Service and Prices
Prices for the products are subject to change without notice. The Seller reserves the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. The Seller shall not be liable to the Buyer or to any third-party for any modification, price change, suspension or discontinuance of the Service.
6. Manner of Payment and Terms of Payment
EVIDECO accepts payment by approved credit card, debit card, checks and wire transfers.
Buyer must tender payment via an accepted credit card or other payment means accepted by EVIDECO in DOLLARS. For credit card payments, Customer must provide his or her valid credit card number and other requested details either in the relevant purchase “check-out” section of the relevant EVIDECO website. The Seller will charge debit/credit cards on order placement, once EVIDECO has verified Product availability and accepted the Customer’s order and payment method.
EVIDECO will use its discretion in selecting a reputable carrier and appropriate means of delivery.
Seller assumes no responsibility or liability and will accept no back charge for loss or damage due to delay or inability to deliver, whether or not such loss or damage was made known to Seller, including, but not limited to, liability for Seller’s non-performance caused by acts of God, war, labor difficulties, accidents, inability to obtain materials, delays of carriers, contractors or suppliers or any other causes of any kind whatever beyond the control of Seller. Under no circumstances shall Seller be liable for any special, consequential, incidental, indirect, or liquidated damages, losses, or expense (whether or not based on negligence) arising directly or indirectly from delays or failure to give notice of delay.
Return/restocking fee applies to refused deliveries or after 3rd delivery attempt. The shipping cost paid by EVIDECO to send the product will be deducted from the refund or will have to be paid by the buyer to EVIDECO before sending back the order to the buyer with a new address or more precise address.
THE BUYER’S SOLE AND EXCLUSIVE WARRANTY, IF ANY, IS THAT PROVIDED BY THE PRODUCT’S MANUFACTURER: IMPORTED PRODUCTS SOLD ON EVIDECO WEBSITE. SELLER MAKES NO EXPRESSED OR IMPLIED WARRANTIES. SELLER HEREBY DISCLAIMS ALL EXPRESSED OR IMPLIED WARRANTIES, WHETHER IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS OR FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES, AND IN NO EVENT, WILL SELLER BE LIABLE FOR PERSONAL INJURY OR PROPERTY DAMAGE OR ANY OTHER LOSS, DAMAGE, COST OF REPAIRS OR INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR LIQUIDATED DAMAGES OF ANY KIND, WHETHER BASED UPON WARRANTY, CONTRACT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION ARISING IN CONNECTION WITH THE DESIGN, MANUFACTURE, SALE, TRANSPORTATION, INSTALLATION, USE OR REPAIR OF THE PRODUCTS SOLD BY SELLER. BUYER HEREBY ACKNOWLEDGES AND AGREES THAT UNDER NO CIRCUMSTANCES, AND IN NO EVENT, SHALL SELLER’S LIABILITY, IF ANY, EXCEED THE NET SALES PRICE OF THE DEFECTIVE PRODUCT(S); NO ADDITIONAL ALLOWANCE SHALL BE MADE FOR THE LABOR OR EXPENSE OF REPAIRING OR REPLACING DEFECTIVE PRODUCTS OR WORKMANSHIP OR DAMAGE RESULTING FROM THE SAME. EXCEPT AS EXPRESSLY SET FORTH IN THIS PARAGRAPH, ALL PRODUCTS AND/OR SERVICES PROVIDED BY SELLER AND ITS EMPLOYEES AND AGENTS ARE PROVIDED “AS IS,” “WHERE IS,” AND “WITH ALL FAULTS.”
SELLER SHALL NOT BE RESPONSIBLE FOR IMPROPER USE RESULTING IN CHOKING HAZARD, STRANGULATION HAZARD OR ANY OTHER CHILDREN INJURIES. BUYERS ARE RESPONSIBLE FOR USING OF THE PRODUCTS BY THEIR CHILDREN FROM THE TIME THE PRODUCT IS SOLD, EXCEPT WHERE MANUFACTURING DEFECT IS FOUND AND PROVEN.
SELLER SHALL NOT BE RESPONSIBLE FOR IMPROPER USE RESULTING IN MOLDING.
The Buyer shall at its own expense apply for and obtain any permits and inspections required for the installation and/or use of the products. Seller makes no promise or representation that the products or services will conform to any federal, state or local laws ordinances, regulations, codes or standards, except as particularly specified and agreed upon in writing by an authorized representative of Seller. Imported products are not for use in or with any nuclear facility unless specifically so stated by Seller in writing.
Seller shall not be responsible for any losses or damages sustained by the Buyer or any other person as a result of improper installation or misapplication of the products. Buyer shall defend, indemnify and hold harmless Seller and its agents and employees against any loss, damage, claim, suit, liability, judgment or expense (including, without limitation, attorney’s fees) arising out of or in connection with any injury, disease or death of persons (including, without limitation, Buyer’s employees and agents) or damage to or loss of any property or the environment, or violation of any applicable laws or regulations resulting from or in connection with the sale, transportation, installation, use, or repair of the products by Buyer or of the information, designs, services or other work supplied to Buyer, whether caused by the concurrent and/or contributory negligence of Buyer, Seller, or any of their agents, employees or suppliers. The obligations, indemnities and covenants contained in this paragraph shall survive the consummation or termination of this transaction.
10. Inspection and Acceptance
Claims for damage, shortage or errors in shipping must be reported within thirty (30) days following delivery to Buyer. Buyer shall have thirty (30) days from the date Buyer receives any products to inspect such products and services for defects and nonconformance which are not due to damage, shortage or errors in shipping and notify EVIDECO, in writing, of any defects, nonconformance or rejection of such products. After such thirty (30) days, Buyer shall be deemed to have irrevocably accepted the products, if not previously accepted. After such acceptance, Buyer shall have no right to reject the products for any reason or to revoke acceptance. Buyer hereby agrees that such thirty (30) days period is a reasonable amount of time for such inspection and revocation. Buyer shall have no right to order any change or modification to any product or service previously ordered by Buyer or its representatives or cancel any order without Seller’s written consent and payment to Seller of all charges, expenses, commissions and reasonable profits owed to or incurred by Seller. Specially fabricated or ordered items may not be canceled or returned, and no refund will be made. The sole and exclusive remedy for merchandise alleged to be defective in workmanship or material will be the replacement of the merchandise subject to the manufacturer’s inspection and warranty.
Buyer may return any product which Seller stocks with the original shipping costs deducted from the refund and no restocking fees if: (i) it is in new condition, suitable for resale in its undamaged original packaging and with all its original parts and (ii) it has not been used, installed, modified, rebuilt, reconditioned, repaired, altered or damaged and (iii) meets all Local, State and Federal laws governing the type of product that can be sold or put into transit in the State in which the product is being returned. Buyer’s surplus job returns, and those not meeting (i), (ii) and (iii), above, will be evaluated on an individual basis after Buyer has contacted Seller’s authorized representative for prior written permission. Special orders or non-stock items may be returned if the manufacturer will accept the return. Except for items Seller stocks which meet (i), (ii) and (iii), above, credit memoranda issued for authorized returns shall be subject to the following deductions: (a) cost of putting items in salable condition; (b) transportation charges, if not prepaid; and (c) handling and restocking charges. Buyer may return any product which Seller stocks. Unless Buyer received the item damaged, or there was some error on Seller’s part, Buyer will be responsible for all return shipping costs. Once Seller have received the item back from you, Seller will issue a refund less the original shipping charge.
Exceptions to right to return may apply: the right of return does not apply if the Buyer do not purchase Products or Services as a consumer, or if the return request is made to Evideco after 30 days date of purchase for a full refund of the purchase price, minus shipping, handling or other additional charges.
12. Resale of Parts etc.
Buyer shall not resell Product parts, components or accessories packaged with the Products.
Buyer shall not be entitled to set-off any amounts due Buyer against any amount due Seller in connection with this transaction.
14. Force Majeure
The terms and conditions of sale consider as force majeure any event beyond the control and/or independent of the will of EVIDECO, such as, without this list being limitative, natural disaster, strikes, freezing, fire, storm, flood, epidemic, supply problems, strike or other labor conflict, malfunction or interruption of national and international communications affecting its services by virtue of its unforeseeable and unpreventable nature.
In all cases of force majeure, EVIDECO is relieved of any liability, whether contractual or tortious, by virtue of any guarantees or on any other basis, for any prejudice caused directly or indirectly by the case of force majeure and, consequently, is not liable for any damages and interest or any indemnity because of complete or partial non-performance of its obligations.
EVIDECO also undertakes to do its best to ensure the proper functioning of the Site and of the Services subscribed or offered; it may not be sued for internal malfunctions, bugs or any other problem due to the site or to the hosting.
15. Governing Law
This transaction shall be governed in all respects by the laws of Florida and shall be under the jurisdiction of the Miami-Dade County Courts. All actions, regardless of form, arising out of or related to this transaction or the products sold hereunder must be brought against Seller within the applicable statutory period, but in no event more than ONE (1) YEAR after the date of invoice.
EVIDECO may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to EVIDECO.
17. Entire Agreement
This document constitutes the entire, complete, and exclusive agreement between the parties with respect to the subject matter hereof and contains all the agreements and conditions of sale; no course of dealing or usage of the trade shall be applicable unless expressly incorporated herein. The terms and conditions contained herein may not be added to, modified, superseded or otherwise altered except by a written modification signed by the Seller. All transactions shall be governed solely by the terms and conditions contained herein.
These terms and conditions of sale shall not be construed against the party preparing them, but shall be construed as if all parties jointly prepared these terms and conditions of sale and any uncertainty or ambiguity shall not be interpreted against any one party. If any provision hereof is held to be illegal, invalid or unenforceable under any present or future laws, such provision shall be fully severable and the terms and conditions herein shall be construed and enforced as if such illegal, invalid or unenforceable provision had never been made a part hereof. The remaining provisions herein shall remain in full force and effect and shall not be affected by such illegal, invalid or unenforceable provisions or by their severance here from.
Any complaints about items or sellers may be sent to our support team:
Address: 513 NE 189TH STREET MIAMI FL 33179. Email: [email protected]