Terms and Conditions
This website is owned and maintained by Evoke Art & Design Ltd
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- 1.1 Your use of and purchase of goods from this website is governed by these Terms & Conditions ('these Conditions') or an updated version published in the site. We recommend that you read the Conditions and print a copy of these Conditions each time before you make a purchase for your future reference. We also offer bespoke design services. Please enquire with us for our trading terms for those services.
- 1.2 Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine and neuter genders and vice versa. The headings in these Conditions are inserted for convenience only and shall not affect their construction.
- 1.3 If any part of these Conditions is held to be a violation of any applicable law, statute or regulation, it shall be deemed to be deleted from our contract and shall be of no force and effect and the contract shall remain in full force and effect as if that part had not originally been contained in the Contract.
- The contract between us shall in all respects be governed by and construed and interpreted in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
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- 2.1 The Price payable by you is that as advertised at the website and confirmed by us. We accept most major credit and debit cards, all transactions are in UK pounds sterling (£). Despite an order and the payment being made by you, all contracts of sales are completed when we issue our acceptance of your order. We reserve our right to refuse an order for reasons including but not limited to unavailability, wrong price being advertised or incorrect pricing information from our supplier.
- 2.2 Time for payment shall be of the essence. Interest on any overdue payments to us shall accrue from the date when the payment becomes due until the date of payment at a rate of 1.5% per calendar month or part calendar month before and after judgement.
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(This provision does not apply to trade sales)
As a consumer, you have a statutory right to cancel the contract at any time until seven working days after the day following delivery. You must however understand that this statutory right of cancellation does not apply to orders which are made to order or cut to your requirements. This right is also subject to our following Return Procedure:
- The product must be in new, unused and resalable condition. For the purpose of hygiene, this is particularly important for items such as garments and earrings, for which all labels must not be removed.
- You must inform us of the cancellation within the relevant time scale by emailing us at info@evokeshop.com or writing to us at 29 Newcastle Rd, Sunderland, Tyne & Wear, United Kingdom, SR5 1JA. We shall then inform you of a return reference number and the location to where the goods should be returned.
- It is your responsibility to return the cancelled order with its original packing safely and without damage to the location as directed by us. Should this not be convenient for you, you may request us to collect the goods and we are entitled to charge for the collection service.
- We shall make a full refund for any goods returned under this term within a reasonable time, using the same method of payment as your purchase with a deduction of collection charges, if any.
If you are unhappy with your purchase and would prefer to exchange, please contact us so we can provide the best solution for a replacement. You should however note that cancellations outside the above statutory right of cancellation are subject to
- (1) the above Return Procedure,
- (2) our acceptance and
- (3) a re-stocking charge of 25% of the price.
Please note that we do not normally accept cancellation of made to order supplies. Your statutory rights as a consumer shall not be affected by this Conditions. For an example, if an item is proven to be faulty and you have informed us within a reasonable time, we shall accept your return and shall not charge you for re-stocking.
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We make every effort to make sure all information on our site is up to date in terms of product availability. Should a product not be available upon your order we will notify you, giving you the option of cancellation or product replacement. Should you wish to accept a replacement product, we will calculate the difference of the original order and its substitute. The difference will then be deducted or added to the order.
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- 5.1 At present we only deliver to UK addresses: International customers interested in our products can get in touch via email and we will try to accommodate your order. Delivery cost will be added on to the overall purchase price at the checkout. This includes standard delivery to all UK mainland destinations Monday to Friday. Further options, such as overseas delivery are available and will be charged accordingly. Time for delivery is not of the essence.
- 5.2 We shall make every effort to deliver orders within the delivery option requested when you place your order. However, time for delivery is always given in good faith as an indication and we shall not be liable for any consequential and indirect losses, expenses or damages in whatever manner caused by late or non-delivery of goods. For heavier items which require more than one person to carry, we are only obliged to offload the goods onto a hard ground reasonably close to the delivery address and you shall be responsible for the distribution of the goods delivered. You shall have no right to refuse a delivery and shall arrange for a member of your household who is over 18 years old to sign for delivery. In the event that you suspect that the goods are lost or damaged in transit, please contact us immediately. Upon delivery, all risks of the goods shall pass to you so it is your responsibility to keep the goods safe and undamaged and to possess appropriate insurance to cover them.
- 5.3 As custom-made orders are not cancellable, you must make sure that the information and descriptions provided by you and those provided by us are correct and suitable for your use before you place an order with us.
- 5.4 You must also inspect the goods as soon as practicable upon delivery. In the event of damage, faulty goods or short supply, you shall notify us in writing as soon as possible and in all cases within two days from the date of delivery of any alleged damage, fault or shortage. If you do not comply with this provision, you shall be deemed to have accepted the goods. We shall be afforded an opportunity to inspect and make good the supply. Should any alleged problem be proven, our liability shall be limited to making good the fault, replacing the goods or refunding the price at our absolute discretion. We shall be under no liability whatever to you for any consequential or indirect loss and/or expense (including loss of profit) suffered by you arising out of a proven problem.
- 5.4 Nothing in these Conditions shall restrict or exclude any liability for death or personal injury caused by our negligence, or affect your statutory rights dealing as a consumer.
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The colour of the goods viewed on our website may vary from that of the actual goods. As we sell artwork and a lot of our goods are hand-made, dimensions, description and colour may also vary from different items of the same design or goods. This is why you should inspect the goods as soon as practicable and make use of the above cancellation provisions.
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- 7.1 Whilst we endeavour to ensure that the information on this website are correct, we do not warrant its completeness or accuracy. We also do not warrant the availability of the website at all time.
- 7.2 Our website may link with other sites. When you view or use those sites, you are dealing with the proprietors of those sites and you are subject to their terms and conditions. We accept no liability whatsoever relating to the contents of those sites and your use of them.
- 8.1 You agree that all copyright, trademarks and all other intellectual property upon this site remain the property of Evoke Art & Design Ltd, our affiliates and third party licensors. This includes all creative work and the artist/designer who created it.
- 8.2 The content of this site is for your personal non-commercial use only. Downloads and copies are acceptable only for the sole purpose of your order, any use of material from this site by you or a third party is strictly forbidden.
- 8.3 You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use Evoke content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any of our content or aid any third party to do so on your behalf. Any other use of our content requires the prior written permission of Evoke Art & Design Ltd.
Evoke acts on complaints in a courteous, professional manner and aims to resolve any issues swiftly. Should you have a complaint, please notify us in writing by letter to:
Evoke
Rob McDonald
Address
29 Newcastle Road
Sunderland
Tyne & Wear
SR5 1JA
United Kingdom
Telephone Numbers
Email Address
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