TERMS AND CONDITIONS OF SALE

Evogard.com reserves the right to modify or update these General Terms and Conditions of Sale at any time by giving notice to customers. Changes and/or additions will be effective from the date of publication in the website http://www.evogard.com.

1.         Ownership

 

The webiste http://www.evogard.com (Evogard.com) is owned by Black Stone Snc, Headquarters in Via V. Veneto, 41016 Novi Di Modena (MO), Italy, VAT n. IT02524270366, and its purpose is the e-commerce of items and services.

 

 

2.           Applicable Law

 

The sale of items and services by electronic media shall be governed by Legislative Decree 6 September 2005 N. 206 (Consumer Code) in respect of distance selling to consumers, and by  D. Lgs. 9 April 2003 N.70 about Electronic Commerce. The sale agreement between the customer and Evogard.com is governed by and interpreted in accordance with Italian law.

 

 

3.         Acceptance of Terms of Sale

 

By placing an order on Evogard.com, the Customer declares to have read all the information provided during the purchasing process and to accept all the Terms and Conditions of Sale of Evogard.com.
The following Terms and Conditions, along with the conditions regarding payment and delivery of the items, are integrant part of the contract concluded between the Customer and
Evogard.com.
Therefore Evogard.com invites the Customer to read with attention  the following Terms and Conditions, to print them or to save a copy of them.

 

 

4.          Purchasing Methods

 

The Customer can purchase the items on the website http://www.evogard.com displayed on the homepage and inside each single category of items as they’re described inside the various item sheets.
The items on sale on Evogard.com can be:

 

  • "available": physically in our warehouses and therefore the Customer can purchase them till while stocks last;
  • "out of stock": in this case the item cannot be purchased by the Customer. Anyway, if the Customer is interested in this item he can contact the Customer Service of Evogard.com and leave his e-mail address: Evogard.com will let him know as soon as the item will be available again.
  •  “pre-order item”: in this case the item will be available inside Evogard’s warehouse, and therefore for the shipping to the Customer’s address, only approximately from the date reported inside the item sheet and, however, only after that it will be physically available inside Evogard.com’s warehouse.

Evogard.com is therefore not responsible in case of delivery delays caused by the Supplier or the Carrier, delivery delays caused by transport strikes or due to force majeure.

  • "on demand": in this case Evogard.com will order to the Supplier the item chosen by the Customer. The delivery time to Evogard.com’s warehouse for these items can fluctuate between 3 and 20 working days, and they’re approximately reported inside the item sheet. The item will be shipped to the Customer only after that it will be physically available inside Evogard.com’s warehouse.

Evogard.com is therefore not responsible in case of delivery delays caused by the Supplier or the Carrier, delivery delays caused by transport strikes or due to force majeure.

 

 

The Customer must register himself on the website to place an order on Evogard.com. All the personal data of the Customer must correspond to the real identity of the Customer and must be indicated without omitting any part.

All prices on the website are in Euro and may change without notice. For Extra-UE Customers: depending on the tax laws in each State, You may be required to pay Taxes on your purchases. Prices are not inclusive of Customs and import duties.

The shipping costs can vary in relation to the destination and/or weight/volume/quantity of items ordered.

While ordering on the website, the Customer can choose the methods of Delivery and Payments among the various options available.
The Customer will receive a confirmation that his Order has been sent to Evogard.com by e-mail at the address registrated during the Login on the website
http://www.evogard.com
Evogard.com reserves the right to refuse orders for any reasons without explanation.
The Customer is committed to verify the correctness of all the data written in the confirmation e-mail received from Evogard.com about his order and to immediately report to Evogard Customer Service any error or omissions.


The confirmation e-mail that the Customer receives soon after his purchase on Evogard.com, contains the following data:  

  • Number, date and hour of the Order
  • Items purchased, quantity and price
  • Payment method
  • Delivery method
  • Total Order in Euro
  • Billing Address
  • Shipping Address

 

Evogard.com reserves the right to refuse incomplete, incorrect or potentially insolvent orders, without explanation. In this case the Customer will be informed by e-mail that the Order has been cancelled.


If the items displayed on the online catalogue of Evogard.com are not available anymore at the moment of the last access to the website or at the moment of sending the order, Evogard.com will contact by e-mail the Customer as soon as possible and anyway within thirty (30)  days since the day after the Order has been sent: Evogard.com will communicate the eventual unavailability of the ordered items. In case the Customer already payed his Order, Evogard.com will refund the Customer of the price of the unavailable items.

 

By filling in the online Order Form on Evogard.com, the Customer confirms to know and accept these General Terms And Conditions Of Sale and all the further terms and conditions published on Evogard.com, as those highlighted with hyper link like the pages: Privacy Policy, Payments, Shipping, Returns, Login, Warranty, Gifts Coupons, Item Availability, etc.

 

 

5.         Delivery

Evogard.com will ship the ordered items to the Customer with a common carrier (Express Courier) with possibility of online tracking.

The Carrier can’t deliver to post office boxes or deposit, therefore the orders with addresses where Evogard.com can’t ship to, will be automatically cancelled.

The Customer bears all risks of loss and damage to the merchandise from the time the same has cleared Evogard.com warehouse. Delivery is deemed complete and title to the merchandise passes to the Customer upon acceptance of shipment by a common carrier.

The items will be shipped only after our Bank will clear the payment and anyway only after the items are physically available in Evogard.com warehouse for the shipping to the Customer.

Evogard.com is therefore not responsible in case of delivery delays caused by the Supplier or the Carrier, delivery delays caused by transport strikes or due to force majeure.

The date of availability of the items indicated in the various item sheets of the online catalogue are purely informative and they never can be binding on Evogard.com

 

To know the various methods of shipping available please visit the section Shipping that, as every other Section highlighted on the Website, is an integral and essential part of these General Terms and Conditions of Sale. This means that the Customer is committed to know and to accept it at the moment of the transmission of the Order.

 

 

6.         Customer’s Obligations

During the Registration on the website, the Customer must digit real data. It is prohibited to register with false or fantasy personal data.

The Customer is committed to providing on simple request of Evogard.com, copies of his personal documents of identification, valid and not expired. If Evogard.com doesn’t receive these documents after requesting them to the Customer, Evogard.com will cancel the order for serious breach of contract.

The Customer is the only responsible for the correctness of digiting his own personal and contact data, billing address,  shipping address and payment data.

The Customer in case of payment with credit card authorizes Evogard.com to cash the corrispondent amount payed and to charge his own personal bank account in favor of Evogard.com for the amount due as highlighted in the Order, shipping costs included.

The Customer, at the delivery of the Order, before signing the receipt of the carrier, must write on the same receipt eventual external visible defects of the package in case this is damaged, tampered, wet, etc. and must verify the correctness of the numbers of packets indicated on the delivery receipt with the number of packets actually received.

After the Customer has signed the delivery receipt to the carrier without reserve, the Customer won’t be able anymore to make any eventual controversy about the external features and number of packets received.

7.         Personal Data Processing

The Customer digits his personal data to Register on the website and/or to send an Order to Evogard.com authorizing Evogard.com to communicate his personal data (shipping address and telephone number) to the carriers necessary for the delivery of the purchased items.

The personal data are necessary only to register the Customer, to conclude the contract (Order) and to communicate with him. The personal data could be communicated to others only on request of the Juidicial Authority.

The Customer is committed to providing to Evogard.com copy of the identification documents necessary to eventual verifications. If the Customer doesn’t provide these documents Evogard.com can immediately cancel the order due to the Customer’s breach of contract.

 

8.          Responsibility

Evogard.com is not responsible of the eventual fraudolent and illicit use that third parts can make of credit cards and other methods of payments while buying the items on the online catalogue as Evogard.com is never involved in the procedure of payment.

The images of the items displayed on the website are purely indicative. Without specifications in the notes of the order the Customer won’t be able to complain for eventual not conformity of the Order.

Evogard.com has made every effort to display as accurately as possible the colors of the items displayed on the website. However, since the actual colors seen will depend on the Customer’s monitor, Evogard.com cannot guarantee that every monitor will accurately display the actual colors of the merchandise.

9.         Warranty and Assistance

All the items sold by Evogard.com are covered by conventional warranty of the manufacturer and by the warranty of 24 months for defects of conformity (Dlgs 206/05).

The Customer must keep the Invoice to get the Assistance covered by Warranty on the purchased items.

For all details please read the section Warranty, integrant part of these General Terms and Conditions of Sale.

10.       Withdrawal Right (Ex Artt. 64/67 Dlgs N. 206/2005)

The Customer who isn’t satisfied with the purchase has the right to withdrawal from the contract within 10 working days since the day of delivery of the packet.

This right can be executed only by CONSUMERS, not by professional dealers and/or Vat holders, by sending the communication by e-mail to the Customer Service.

The Customer will receive by e-mail from Evogard.com the Returns Form to be filled in. This Form contains all the instructions to follow necessary for the shipping of the items to return.

For all the details about the withdrawal right please read the section Returns, integrant part of these General Terms and Conditions of Sale.

11.       Termination of Contract

Evogard.com reserves the right to cancel the contract without explanation simply by communicating it to the Customer; The Customer has the right, in this case, to receive the refund of the eventual amount already payed during the order process. All the obligations of the Customers are essentials to conclude the contract. The non-fulfillment of even just one of these obligations will terminate the contract ex art.1456 italian civil code. Evogard.com reserves therefore the right to sue the Customer for the reimbursement of further damages.

12.       Jurisdiction And Choice of Forum

These General Terms and Conditions of Sale are governed by Italian law also about their validity, interpretation, application, performance and enforcement, and in particular by Italian legislative decree 6 September 2005 no. 206 on distance contracts and by Italian legislative decree 9 April 2003 no. 70 on certain aspects related to e-commerce.

All legal proceedings arising out of or in connection with these General Terms and Conditions of Sale shall be brought solely in the city of Modena, Italy.