“Account” means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Web Site; “Carrier” means any third party responsible for transporting purchased Goods from our Premises to customers; “Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site; “Goods” means any products that Evident advertises and / or makes available for sale through this Web Site; “Evident” means Evident Dental Co. Ltd. of 57 Wellington Court, Wellington Road, London, NW8 9TD , United Kingdom; “Service” means collectively any online facilities, tools, services or information that Evident makes available through the Web Site either now or in the future; “Payment Information” means any details required for the purchase of Goods from this Web Site. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes; “Purchaser” means any person or business that buys Goods from Evident from this Web Site; “Purchase Information” means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form; “Premises” Means our place(s) of business located at 57 Wellington Court, Wellington Road, London NW8 9TD, United Kingdom. Website: www.evident.co.uk; “System” means any online communications infrastructure that Evident makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links; “User” / “Users” means any third party that accesses the Web Site and is not employed by Evident and acting in the course of their employment; “Web Site” means the website that you are currently using (www.evident.co.uk) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
8.1 When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules: 8.1.1 Obscene or vulgar language must not be used; 8.1.2 Content that is unlawful or otherwise objectionable must not be submitted. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist; 8.1.3 Content that is intended to promote or incite violence must not be submitted; 8.1.4 It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages; 8.1.5 The means by which Users identify themselves must not violate these terms of use or any applicable laws; 8.1.6 Users must not impersonate other people, particularly employees and representatives of Evident or our affiliates; and 8.1.7 Our System must not be used for unauthorised mass-communication such as “spam” or “junk mail”. 8.2 You acknowledge that Evident reserves the right to monitor any and all communications made to us or using our System.
9.3 In order to purchase Goods on this Web Site and to use the Club Evident facilities Users are required to create an Account which will contain certain personal details and Payment Information which may vary based upon a User’s use of the Web Site as we may not require payment information until a purchase is to be made. By continuing to use this Web Site you represent and warrant that: 9.3.8 All information you submit is accurate and truthful; 9.3.9 If you are buying on behalf of your employers, you have the authority to submit Payment Information where any such authority is required; and 9.3.10 You will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty. 9.4 It is recommended that you do not share your Account details, particularly your username and password. Evident accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser. 9.5 If you have reason to believe that your Account details have been obtained by another without consent, you should contact Evident immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, Evident accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information. 9.6 When choosing a username Users are required to adhere to the terms set out above in Clause 8. Any failure to do so could result in the suspension and/or deletion of your Account.
10.7 Either Evident or a User may terminate an Account. If Evident terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons. 10.8 If Evident terminates an Account, any current or pending purchases on your Account will be cancelled and will not be dispatched. 10.9 Evident reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch. 10.10 If purchases are cancelled for any reason prior to dispatch Purchasers will be refunded any monies paid in relation to those purchases. 10.11 If a User terminates their Account any non-dispatched purchases will be cancelled and a full refund of any monies paid in relation to those purchases will be paid through the payment method used when the Goods were purchased.
11.12 Any and all invoices are due for payment on the date shown on the invoice, unless alternative arrangements have been agreed between the Purchaser and Evident. 11.13 Interest will be charged on a daily basis, commercial interest at 2.5% above the base rate of the Bank of England obtaining at the time.
12.14 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Evident correspond to the actual Goods, Evident is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 15.1 for incorrect Goods. 12.15 Where appropriate, you may be required to select the required [size] [model] [colour] [number] [other features] of the Goods that you are purchasing. 12.16 Evident does not represent or warrant that such Goods will be available. Stock indications are not provided on the Web Site 12.17 All pricing information on the Web Site is correct at the time of going online. Evident reserves the right to change prices and alter or remove any special offers from time to time and as necessary. 12.18 In the event that prices are changed during the period between an order being placed for Goods and Evident processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price; 12.19 All prices on the Web Site do not include VAT and Delivery. Evident’s VAT number is GB 230 8891 56.
13.20 Title in Goods will not pass to the Purchaser until the full purchase price for those Goods has been received by Evident. Title remains with Evident until payment is complete. 13.21 If the Purchaser sells the Goods on to its own customers in any form, either as purchased from Evident or forming a component part of a larger Good, and any amount of the purchase price payable to Evident remains outstanding, the Purchaser must account to Evident for the proceeds of such a sale. The Purchaser is then required to hold such proceeds on trust for Evident until payment has been received in full by Evident. 13.22 Evident reserves the right to trace all proceeds under the principles of Re Hallett’s Estate (1880) 13 Ch D 696. Once the payment date has passed, if any sums remain outstanding, Evident has the right to enter the Purchaser’s premises and remove any Goods which, by virtue of Clause 13.1, remain the property of Evident.
14.23 Evident will notify you by way of email when your goods are to be dispatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you. 14.24 If Evident receives no communication from you, within 10 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.
15.25 If the Purchaser receives Goods which do not match those ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, the Purchaser should contact us within 10 days to arrange collection and return. Evident is not responsible for paying shipment costs. The Purchaser will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used when the Goods were purchased. Refunds and replacements will be issued upon our receipt of the returned Goods. 15.26 If any Goods purchased have faults when they are delivered, the Purchaser should contact Evident within 28 days to arrange collection and return. Evident is not responsible for paying shipment costs. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid, will be refunded through the payment method used when the Goods were purchased. 15.27 If any Goods develop faults within their warranty period, the Purchaser is entitled to a repair or replacement under the terms of that warranty. 15.28 If Goods are damaged in transit and the damage is apparent on delivery, the Purchaser should sign the delivery note to the effect that the goods have been damaged. In any event, such damage should be reported to Evident within 10 days and arrange collection and return. Evident is not responsible for paying shipment costs. Upon receipt of the returned Goods, the price of the Goods, as paid, will be refunded through the payment method used when the Goods were purchased. 15.29 If the Goods have been dispatched or have reached you, but the Purchaser decides that they are no longer required, the Goods can be returned to Evident within 10 days of receipt. Goods can only be returned for this reason if their packaging remains unopened and the Goods can be re-sold, as new, without any additional work on the part of Evident. The Purchaser is responsible for paying shipment costs if Goods are returned for this reason. 15.30 If the Purchaser wishes to return Goods to Evident for any of the above reasons, please contact us using the details on to make the appropriate arrangements. 15.31 Evident reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to: 15.31.11 Any use or enjoyment that you may have already had out of the Goods; 15.31.12 Any characteristics of the Goods which may cause them to deteriorate or expire rapidly; 15.31.13 The fact that the Goods consist of audio or video recordings or computer software and that the packaging has been opened; 15.31.14 Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase. Such discretion to be exercised only within the confines of the law.
17.32 Evident makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services. 17.33 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind. 17.34 No part of this Web Site is intended to constitute a contractual offer capable of acceptance.
20.35 To the maximum extent permitted by law, Evident accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
20.36 Nothing in these Terms and Conditions excludes or restricts Evident’s liability for death or personal injury resulting from any negligence or fraud on the part of Evident.
20.37 Nothing in these Terms and Conditions excludes or restricts Evident’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Web Site.
20.38 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
