Term Of Use

These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us to consumers through this website, https://evebiology.com (“Our Site”).  Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods from Our Site.  You will be required to read and accept these Terms of Sale when ordering Goods.  If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our Site.  These Terms of Sale, as well as any and all Contracts are in the English language only.


1. Definitions and Interpretation

     1.1 In these Terms of Sale, unless the context otherwise requires, the                       following expressions have the following meanings:

 

“Contract”

means a contract for the purchase and sale of Goods, as explained in Clause 8;

“Goods”

means the goods sold by Us through Our Site;

“Order”

means your order for Goods;

“Order Confirmation”

means our acceptance and confirmation of your Order;

“Order Number”

means the reference number for your Order; and

“We/Us/Our”

Eve Biology™ Ltd whose registered address is 25 Sandyford Place Glasgow, Scotland, United Kingdom, G3 7NG 

 

2. Placing An Order.

You may place an order by:

filling in the order form on the Website before or after after logging into or creating your personal account and clicking on the appropriate submission button.

Eve Biology™ will not accept orders placed in any way other than those listed above.

When you place your order, Eve Biology™ will issue you with a Web Order Number. Eve Biology™ will do this via the Website and subsequently via your specified email address. Please note that such a Web Order Number is supplied for reference purposes only and does not constitute our acceptance of your order.

By placing an order, you make an offer to us to purchase the Products you have selected on these terms and conditions. Eve Biology™ may or may not accept your offer at our discretion or may reduce the number of Products we accept to deliver to you. However, orders submitted by you are binding on you and cannot be cancelled/amended after order submission.

If Eve Biology™ accepts your order, we will notify you of our acceptance by issuing an order confirmation. Eve Biology™ will send your order confirmation to you by email. The order confirmation will be effective as of the date on which the order confirmation is sent to you. If we cannot accept your order, we will attempt to contact you by email or telephone or post.

Please note that the on-screen display of the colours, designs, products may differ from the actual appearance or size of products offered on the Website. In certain cases, we may also dispatch alternative sizes to fulfil the ordered quantity if stock levels vary.   

3. SUPPLY OF YOUR PRODUCTS

Subject to these terms and conditions, Eve Biology™ will supply to you the Products indicated on your order confirmation

 4. PRICING

All prices are in GBP. Prices shall be those prices published on this Website at the time you submit your order. The prices published on the Website are inclusive of VAT where applicable but may be exclusive of shipping costs, which are for your account. These costs will be calculated separately as applicable and specified on the order form and added to the total price of the order. The total price stated on the order form you submit shall be the total amount payable by you for the products including shipping.

4.2. If, by mistake, we have under priced a product, we will not be liable to supply that product to you at the stated price, provided that we notify you before we dispatch the product to you. In those circumstances, we reserve the right to cancel your order. In the event we cancel your order, we will give you a full refund on any amount already paid for that product in accordance with our return and refund policy.

4.3. Delivery costs, where applicable, are payable by you as indicated on your order confirmation.

5.1. You may pay for your Products by the methods of payment as may be displayed at the Website checkout.

5.2. You must pay in the currency as indicated on your invoice.

5.3. If you are paying by credit or debit card, then you must supply your credit or debit card details when you place your Order. Eve Biology™ will not supply the Products to you nor perform the services until your credit or debit card issuer has authorised the use of your card for payment of the Products and/or services ordered. If Eve Biology™ does not receive such authorisation we shall inform you accordingly. Eve Biology™ reserves the right to verify the identity of the credit or debit card holder by requesting appropriate documentation.

6. DELIVERY OF YOUR PRODUCTS (ADDRESSES IN THE UNITED  KINGDOM, SPAIN, ITALY, FRANCE, GERMANY & THE NETHERLANDS)

6.1. Eve Biology™  will deliver the Products to the delivery address you have specified in the order form and in accordance with the delivery option you have chosen. In the event you order various Products to be delivered to different addresses, you will need to submit a separate order form for each delivery address. Any delivery or shipment dates given by Eve Biology™ are best estimates only and Eve Biology™ shall not be liable for any loss, damage, costs or expenses for failure to deliver in accordance with the delivery or shipment dates given. In the event that any of the Products ordered are out of stock, this may mean the whole order is delayed. If so, an estimate of the delay will be given by e-mail or post but delivery shall in any case be made within thirty (30) days as of the date indicated on the order confirmation by Eve Biology™ 

6.2. Title to and risk of loss in your Products will pass to you on delivery of the Products

6.3. Upon delivery of the Products to the carrier Eve Biology™ will send you a confirmation of shipment by email provided you have indicated an email address on the order form or by post.

7. DELIVERY OF YOUR PRODUCTS (WHERE CUSTOMER'S ADDRESS IS NOT UK MAINLAND, NI, IOM, SPAIN, ITALY, FRANCE, GERMANY & THE NETHERLANDS)

7.1. Ownership

All ownership, title and risk in the Products will pass to you immediately at the point and time at which such Products are placed at your disposal at our premises in the UK.

7.2. Delivery

7.2.1. You acknowledge and agree that it is your responsibility to arrange for a courier to deliver the Products to you, or alternatively to collect the Products yourself from Sports Supplements Limited's premises.

5. PAYING FOR YOUR PRODUCTS

5.1. You may pay for your Products by the methods of payment as may be displayed at the Website checkout.

5.2. You must pay in the currency as indicated on your invoice.

5.3. If you are paying by credit or debit card, then you must supply your credit or debit card details when you place your Order. Eve Biology™ will not supply the Products to you nor perform the services until your credit or debit card issuer has authorised the use of your card for payment of the Products and/or services ordered. If Eve Biology™ does not receive such authorisation we shall inform you accordingly. Eve Biology™ reserves the right to verify the identity of the credit or debit card holder by requesting appropriate documentation.

6. DELIVERY OF YOUR PRODUCTS (ADDRESSES IN THE UNITED KINGDOM, SPAIN, ITALY, FRANCE, GERMANY & THE NETHERLANDS)

6.1. Eve Biology™  will deliver the Products to the delivery address you have specified in the order form and in accordance with the delivery option you have chosen. In the event you order various Products to be delivered to different addresses, you will need to submit a separate order form for each delivery address. Any delivery or shipment dates given by Eve Biology™ are best estimates only and Eve Biology™ shall not be liable for any loss, damage, costs or expenses for failure to deliver in accordance with the delivery or shipment dates given. In the event that any of the Products ordered are out of stock, this may mean the whole order is delayed. If so, an estimate of the delay will be given by e-mail or post but delivery shall in any case be made within thirty (30) days as of the date indicated on the order confirmation by Eve Biology™ 

6.2. Title to and risk of loss in your Products will pass to you on delivery of the Products

6.3. Upon delivery of the Products to the carrier Eve Biology™ will send you a confirmation of shipment by email provided you have indicated an email address on the order form or by post.

7. DELIVERY OF YOUR PRODUCTS (WHERE CUSTOMER'S ADDRESS IS NOT UK MAINLAND, NI, IOM, SPAIN, ITALY, FRANCE, GERMANY & THE NETHERLANDS)

7.1. Ownership

All ownership, title and risk in the Products will pass to you immediately at the point and time at which such Products are placed at your disposal at our premises in the UK.

7.2. Delivery

7.2.1. You acknowledge and agree that it is your responsibility to arrange for a courier to deliver the Products to you, or alternatively to collect the Products yourself from Finetune Conversions Limited's premises.

9. EXCHANGES, RETURNS AND REFUNDS

9.1. You may return the Product to Eve Biology™ or cancel the entitlement to services and obtain a refund of the price of the returned Product provided that you contact us within fourteen (14) working days from the day after the goods are delivered as long as the product has not been opened or consumed. 

You will have to pay the cost of returns, the refund will include the full value paid of the product.

If a product is sold as part of a product combination (bundle) in which other products are offered for free or at a discount compared to their normal price, the bundled product must at Eve Biology's™ request be returned with the product purchased. Eve Biology™ reserves the right to raise an invoice in respect of any free or discounted bundles product not so returned.

9.1.1. If a Product was supplied in error, is incomplete or faulty and you believe that you are entitled to a replacement or repair in accordance with paragraph 8 below, please contact Eve Biology™ via hello@evebiology.com

9.1.2. If you have received the ordered Product(s) and have simply changed your mind about purchasing it, you may return the Product(s) or entitlement to Service to us for a refund and provided:

  1. You inform Eve Biology™ within fourteen (14) working days from the day after the goods are delivered; and
  2. You have proof of purchase (i.e. order number / identification)

Please note that while the Product(s) remain in your possession you are under a duty to ensure that the Product(s) are kept safe and secure

9.2. Steps to Follow to Claim a Refund: (i) Cancellation can be exercised in writing or any other durable medium, either by emailing us at hello@Eve Biology.com or by writing to Eve Biology™ Customer Service,
25 Sandyford Place Glasgow, Scotland, United Kingdom, G3 7NG (ii) before returning any Product(s) it is helpful if you check that you have:

  1. Used appropriate packaging;
  2. Clearly displayed the returns address;
  3. Sealed the packaging securely.

(iii) Following these steps will help ensure the Product(s) arrive at the correct destination and in good condition within a timely fashion.

10. WARRANTY

10.1. Eve Biology™  - branded Product Warranty Eve Biology™ warrants the Products as stated on the Web Site. Specific warranties may apply to certain Products (such as customised Products) as specified on the Website. Should the Product supplied by Eve Biology™ not comply with the applicable warranty we shall, at its option and expense, unless provided otherwise in the applicable warranty, repair or replace the Product or refund the purchase price upon return of the Product. Except as expressly set out in these terms and conditions, to the fullest extent permitted by law Eve Biology™ hereby disclaims any and all warranties, whether express or implied. The limited warranty set out above will not affect or prejudice your statutory rights.

10.2. IF YOU ARE A CONSUMER, THE WARRANTIES REFERRED TO ABOVE ARE IN ADDITION TO AND DO NOT AFFECT YOUR STATUTORY RIGHTS.

11. Eve Biology™ LIABILITY

11.1. These terms and conditions set out the full extent of our obligations and liabilities in respect of the supply of the Products (and performance of telephone support and warranty services) and the performance of any Services.

11.2. Save as set out at paragraph 11.3 below, there are no warranties, conditions or other terms that are binding on Eve Biology™ regarding the supply of Products except as expressly stated in the contract.

11.3. Any warranty, condition or other term arising out of or in connection with the supply of Products and/or the provision of Services which might otherwise be implied into or incorporated in the contract by statute, common law, laws applicable in the country where you purchased the Products or Services or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded to the maximum extent permitted by law. In particular, Eve Biology™ will not be responsible for ensuring that the Products are suitable for your purposes.

11.4. Nothing in the contract shall limit or exclude our liability (i) for death or personal injury caused by our negligence or (ii) for fraud or (iii) any breach of the obligations implied by applicable compulsory national laws as to title or (iv) any liability which cannot be excluded by law.

11.5. SUBJECT TO CLAUSE 9.4 EVE BIOLOGY™ WILL NOT BE LIABLE UNDER THE CONTRACT FOR ANY LOSS OF INCOME, LOSS OF PROFITS, LOSS OF CONTRACTS, LOSS OF DATA OR FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND HOWSOEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE. EEVE BIOLOGY™ MAXIMUM AGGREGATE LIABILITY UNDER THE CONTRACT WHETHER IN TOR (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL IN NO CIRCUMSTANCES EXCEED THE AMOUNT PAYABLE BY YOU TO EVE BIOLOGY™ IN RESPECT OF THE PRODUCT(S) AND/OR SERVICES IN QUESTION.

11.6. This does not affect your statutory rights as a consumer, nor your right to return the Products as per clause 9.

 12. CONTACTING Eve Biology™ 

  • By using the e-mail on hello(at)evebiology.com
  • Or in writing to Eve Biology™ 25 Sandyford Place Glasgow, Scotland, United Kingdom, G3 7NG 

  

13. DATA PROTECTION   

13.1. Your transaction records are accessible to you if you are a registered customer by entering your Web Order Number(s) so that you may check the status of your order(s) and check the order content.

13.2. When you contact us, place your order or otherwise share your personal data with us, Eve Biology™ will store, use and otherwise process the data collected from you as a controller in accordance with the Eve Biology™ Privacy Policy which is available here. We ask that you read our Privacy Policy in full. 

13.4 If you wish to have access to information we hold concerning you, or if you want to make any changes, or if you do not want to receive information from Eve Biology™ or exercise any of your rights please follow the procedure explained in the Privacy Policy.

 

14. CIRCUMSTANCES BEYOND REASONABLE CONTROL

Eve Biology™ will make every effort to perform its obligations under the contract. However, it cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond our reasonable control. In the event of a delay, we will perform our obligations as soon as reasonably possible.

 

15. DISAGREEMENTS GOVERNING LAW AND JURISDICTION

Eve Biology™ will try to solve any disagreements quickly and efficiently. These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the Scots Law. If you are not happy with the way it deals with any disagreement and you want to take court proceedings, you must do so within the courts of Scotland. The applicability of the United Nations Convention on Contracts for International Sale of Goods is hereby explicitly excluded.

 

16. GENERAL

16.1. Neither Eve Biology™ failure nor your failure to enforce any term of the contract constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such terms.

16.2. The invalidity or unenforceability of any provision of the contract shall not adversely affect the validity or enforceability of the remaining provisions.

17. Other Important Terms

17.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business).  If this occurs, you will be informed by Us in writing.  Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.

17.2 You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.  

17.3 The Contract is between you and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.  

17.4 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale.  The remainder of these Terms of Sale shall be valid and enforceable.

17.5 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.