EVD/ATH: Evolved athletic brand Terms and Conditions
1 In General
Access to and use of this Web site and the products and search services available through this Web site (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of these terms, conditions and notices, without modification. Furthermore, you acknowledge that the Terms of Service may be updated by us from time to time. This Web site also contains links to other Web sites, Web pages and services, which are not operated by EVD/ATH (the "Linked Sites"). Your use of such Linked Sites will be subject to the terms of service contained within each such site and the respective terms of service will control the use of the respective site. In any event your link through to such a site will be subject to the these Terms of Service. You recognise that EVD/ATH has no control over such Linked Sites and information, and you accept that EVD/ATH provides no guarantee as to the accuracy or reliability of such sites or the information contained in them and you agree that we shall have no responsibility as to whether such links locate unintended or objectionable content or otherwise cause you distress, loss or damage.
You will not: commit or encourage a criminal offence; send or receive any material which is in any way offensive or obscene, or in breach of confidence, copyright, privacy or any other rights; act contrary to the acceptable use policies of any Linked Sites or community standards generally; transmit or distribute a virus; hack into any aspect of the Service; corrupt data; cause annoyance to other Users; infringe upon the rights of any other person's trade marks or other proprietary rights; send any unsolicited advertising or other promotional material, commonly referred to as "spam".
E-tail of Products and Services
By making a request/order you are offering to purchase a product which we will accept to sell to you on the following Terms and Conditions. All requests are subject to availability and confirmation of the order price by us. We deem our acceptance of an offer to buy from us upon dispatch of the goods to you. We reserve the right to cancel any offer made by the customer to buy products from EVD/ATH up and until we finally dispatch the goods bought and we communicate the items dispatch to the customer via email of other means of communication. Dispatch times may vary according to availability and any guarantees warranties or representations made as to delivery times are limited to mainland United States and are on the basis that we are not responsible for any delay in delivery occurring due to postal or production delays. EVD/ATH are absolutely entitled to refuse any request made by you. If your order is accepted we will inform you by emailing you or else by calling you. We will also provide the identity of the party you have contracted with. This may be EVD/ATH or in certain cases a third party. Where a contract is made with a third party EVD/ATH is not acting as either agent or principal and the contract is made between yourself and that third party. When making a request you undertake that all details you provide to us requesting goods or services or bids made at auction are true and accurate, that you are an authorised user of the credit or debit card used to make your request or bid and that there are sufficient funds to cover the cost of the goods, services or bid. It is your responsibility to inform us of any changes to these details as soon as possible. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
Disclaimer of warranties
The services and all information, products and other content included in or accessible from this web site and the linked sites, are provided on an "as is" and "as available" basis and are subject to change at any time without notice to you. To the fullest extent permitted by law, EVD/ATH disclaims and excludes all representations and warranties (express, implied and statutory, including but without limitation the warranties of merchantability and fitness for a particular purpose, and non-infringement of proprietary rights) as to the services and all information, products and content included in and accessible from this web site or the linked sites.
Disclaimer of liability
Unless expressly stated to the contrary to the fullest extent permitted by law EVD/ATH , its content providers, advertisers or linked sites shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this web site or the linked sites, even if EVD/ATH had been advised of the possibility of such damages and irrespective of whether such damages arise in contract, tort, equity, restitution, by statute, at common law or otherwise. You have read this disclaimer and agree to it on the basis that you agree it is reasonable.
You agree to indemnify, defend and hold harmless EVD/ATH, its employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your use of the EVD/ATH services, your breach of the Terms of Service, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.
Variation of content
EVD/ATH shall have the right in its absolute discretion at any time and without notice to amend, remove or vary any of the content supplied in connection with the Service or which appears on any page of the EVD/ATH or other 3rd party web sites.
EVD/ATH may at any time terminate or suspend any part of the Service without notice to you.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
Governing law and jurisdiction
Upon entering the EVD/ATH site you are bound by these terms and conditions. These terms and conditions are to be construed in accordance with the United States and irrespective of your place of domicile, in the event of any dispute associated with these terms and conditions, that dispute shall be subject to the exclusive jurisdiction of the US Supreme Court. Any dispute in any way referable to the content of this site whether in respect of its trade marks, copyright or image content shall be resolved exclusively by arbitration the terms of which are to be agreed between EVD/ATH and yourself and provide no right or recourse to any relief of the United State Courts whether interim or otherwise and that by accessing this site you waive your right for all time to any such right.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and EVD/ATH. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of EVD/ATH.
Promo Discount codes
Promotional discount codes are published for time to time. One code maybe used at a time, not in conjucntion with any other offers unless advertised in the promo description. There is no cash or other alternative product available.
You have the right to cancel your order for any item purchased from EVD/ATH, for a full refund.
Order Cancellations must be made in writing, quoting your order number, within 7 working days of the day after you receive the goods to Customer Care.
If however your order has already been processed, you will need to return the order to us. Please read the Return or Exchange on the back of your invoice. Return or exchange an item If you are not completely satisfied with your purchase, simply return the item or items to us in their original condition* within 14 days of receipt. We will issue a refund on receipt, or exchange the item for a different size.