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EVE IT LIMITED – TERMS AND CONDITIONS APPLICABLE TO PURCHASES BY INDIVIDUAL CUSTOMERS (NON-BUSINESS)

INFORMATION ABOUT US AND OUR PRODUCTS

Company details. EVE IT LIMITED (company number 13117111) (we and us) is a company registered in England and Wales and our registered office and main trading address is at Unit B2 Loades Eco Parc, Blackhorse Road, Coventry, United Kingdom, CV7 9FW.  Our VAT number is 398609926.  We operate the website www.eve.co.uk (Website).

Contacting us. To contact us telephone our customer service team at 02477 800 555 or email customerservices@eve.co.uk.  You can find everything you need to know about us, EVE IT Limited, and our products on our Website or from our sales staff before you order.  We also confirm the key information to you in writing after you order by email.

WHEN YOU BUY FROM US YOU ARE AGREEING THAT:

• We only accept orders when we have checked them.

• Sometimes we reject orders.

• Delivery charges are as advised during the order process.

• Pricing is as displayed on our Website and may be subject to change.

• We charge you when we dispatch your order to you.

• We charge interest on late payments.

• We pass on increases in VAT.

• We are not responsible for delays outside our control.

• Products can vary slightly from their pictures.

• You have a legal right to change your mind.

• You have rights if there is something wrong with your product.

• We can change products and these terms.

• We can suspend supply (and you have rights if we do).

• We can withdraw products.

• We can end our contract with you.

• We do not compensate you for all losses caused by us or our products.

• We use your personal data as set out in our Privacy Notice.

• You have several options for resolving disputes with us.

• Other important terms apply to our contract.

We only accept orders when we have checked them

Please follow the onscreen prompts to place an order with us.  Each order is an offer by you to buy the goods specified in the order subject to these terms and conditions (Terms).  You are responsible for ensuring that your order is complete and accurate so please check your order carefully before submitting it.  We will email you to confirm we have received your order and then we will email you again to confirm we have accepted it, which will be when payment is taken from your chosen method of payment.  Your order will be dispatched to you once your payment has been successfully processed.

Sometimes we reject orders

Sometimes we reject orders, for example, because a product is unexpectedly out of stock, because a credit reference we have obtained is unsatisfactory, because we can't verify your age (where the product is age-restricted), because you are located outside of the United Kingdom and in an area we are unable to deliver to or because the product was mispriced by us.  When this happens, we let you know as soon as possible and refund any sums you have paid.

Delivery charges are as advised during the order process

We will advise you of an estimated delivery date for the contents of your order in the email confirming that we have dispatched your order to you which will be determined by the method of delivery you choose in the checkout journey.  If we fail to deliver your order to you, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the goods you ordered.  However, we will not be liable to the extent that any failure to deliver was caused by a delay outside of our control or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of goods.

Pricing is as displayed on our Website and may be subject to change

The price of goods will be as quoted on our Website at the time you submit your order.  We sell a large number of goods through our Website.  It is always possible that, despite our best efforts, some of the goods on our Website may be incorrectly priced.  Where the correct price of the goods is higher than the price stated on our Website, we will contact you by email or telephone as soon as possible to inform you of this error and we will give you the option of continuing to purchase the goods at the correct price or cancelling your order.  If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing by email.

You can pay for your order using the following payment methods:

• a valid debit card or credit card issued by a UK bank. We accept the following cards: Visa Credit, Visa Debit, Visa Electron, Visa Purchasing, V Pay, Mastercard, Mastercard Debit, Diners Club International & Discover.

• Apple Pay

• Google Pay

• PayPal

• where applicable, by bank transfer.  For payments made by bank transfer, we will raise a proforma invoice which will be sent to you following our email confirming your order and will include the relevant bank details for you to make payment against.  Once we have received payment from you, we will send you confirmation that your order has been dispatched.

Payment for your order including all applicable delivery charges is in advance.  We will not charge your chosen method of payment until we dispatch your order.  We reserve the right to withdraw a payment method at any time for any reason.  In the event you submit a payment and we no longer support your chosen payment method we will inform you of this and request payment by an alternative method.

We charge you when we dispatch your order to you

You will own any goods we supply to you once we have received payment for them in full and your order has been dispatched to you.

We charge interest on late payments

If we're unable to collect any payment you owe us, we charge interest on the overdue amount at the rate of 2% a year above the Bank of England base rate from time to time.  This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment.  You pay us the interest together with any overdue amount.

We pass on increases in VAT

The prices of goods are shown on our Website both inclusive and exclusive of VAT and do not include delivery charges.  VAT is quoted at the applicable current rate chargeable in the UK for the time being.  If the rate of VAT changes between your order date and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

We are not responsible for delays outside our control

If our supply of your product is delayed by an event outside our control, we will contact you as soon as possible to let you know and do what we can to reduce the delay.  As long as we do this, we will not compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team at customerservices@eve.co.uk to end the contract and receive a refund for any products you have paid for in advance, but not received.

Products can vary slightly from their pictures

A product's true colour may not exactly match that shown on your device or in our marketing or its packaging may be slightly different.

You have a legal right to change your mind

Your legal right to change your mind. For most of our products bought online or over the telephone you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs.  This is subject to some conditions, as set out below.

When you cannot change your mind. You cannot change your mind about an order for:

• digital products, after you have started to download or stream these;

• products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;

• sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them;

• goods that are made to your specifications or are clearly personalised; and

• goods which become mixed inseparably with other items after their delivery.

The deadline for changing your mind. If you change your mind about a product, you must let us know:

• if it is goods, for example a laptop or monitor, no later than 14 days after the day we deliver your product.  For example, if we deliver your order on 1st, you would have until 15th to decide if you want to keep the goods in your order or cancel the purchase and return them for a refund.  If the goods are for regular delivery (for example, a subscription), you can only change your mind after the first delivery.  If the goods are split into several deliveries over different days, the 14-day period runs from the day after the last delivery.

• if it is for digital content for download or streaming, no later than 14 days after the day we confirm we have accepted your order, although, you can't change your mind about digital content if you have started to download or stream the product.

How to let us know. To let us know you want to change your mind, contact our Customer Service Team at customerservices@eve.co.uk.

You have to return the product at your own cost. If your product is goods, for example, a laptop or a monitor, you have to return it (and any free gifts provided with it) to us within 14 days of your telling us you have changed your mind.  Returns are at your own cost.  You can:

• bring the product to our registered office at Unit B2, Loades Eco Parc, Blackhorse Road, Exhall, Coventry CV7 9FW.  You will need your email receipt and the card you paid with.

• send the product back to us, using an established delivery service and making sure the product is suitably packaged in a way that will ensure the product is not damaged in transit.  If you do this, you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it.  If you do not do this and we do not receive the goods at all or within a reasonable time we will not refund you the price.  We are not responsible for any costs associated with you returning an item to us including where goods are damaged in transit on their return to us.  For help with returns, please contact our Customer Service Team at customerservices@eve.co.uk.

We only refund standard delivery costs. We do not refund any extra you have paid for express delivery or delivery at a particular time.

We reduce your refund if you have used or damaged a product. If you handle the product in a way which would not be acceptable in-store, we reduce your refund, to compensate us for its reduced value.  For example, we reduce your refund if the product's condition is not "as new", price tags have been removed, the packaging is damaged or accessories are missing.  In some cases, because of the way you have treated the product, no refund may be due.  Our Customer Service Team at customerservices@eve.co.uk can advise you on whether we're likely to reduce your refund.

When and how we refund you. If your product is digital content or goods that haven't been delivered or that we're collecting from you, we refund you as soon as possible and within 14 days of you telling us you've changed your mind.  If your product is goods that you're sending back to us, we refund you within 14 days of receiving them back from you (or receiving evidence you've sent them to us).  We refund you by the method you used for payment.  We don't charge a fee for the refund.

You have rights if there is something wrong with your product

If you think there is something wrong with your product, you must contact our Customer Service Team at customerservices@eve.co.uk.  We honour our legal duty to provide you with products that are as described to you on our Website and that meet all the requirements imposed by law.  Remember too that you have several options for resolving disputes with us.

We can change products and these terms

Changes we can always make. We can always change a product:

• to reflect changes in relevant laws and regulatory requirements.

• to implement minor technical adjustments and improvements, for example to address a security threat; and

• to update digital content, provided that the digital content always matches the description of it that we provided to you before you bought it.  We might ask you to install these updates.

We can suspend supply (and you have rights if we do)

We can suspend the supply of a product. We do this to:

• deal with technical problems or make minor technical changes.

• update the product to reflect changes in relevant laws and regulatory requirements; or

• make changes to the product (see We can change products and these terms).

We let you know, may adjust the price, and may allow you to terminate. We will contact you in advance to tell you we're suspending supply, unless the problem is urgent or an emergency.

We can withdraw products

We can stop providing a product, such as a subscription for digital content or goods.  We let you know at least 14 days in advance and we refund any sums you've paid in advance for products which won't be provided.

We can end our contract with you

We can end our contract with you for a product and claim any compensation due to us if:

• you don't make any payment to us when it's due and you still don't make payment within 28 days of our reminding you that payment is due.

• you don't, within a reasonable time of us asking for it, provide us with information, cooperation, or access that we need to provide the product, for example, information relating to access for delivery or measurements for goods where applicable.

• you don't, within a reasonable time, either allow us to deliver the product to you or collect it from us.  If you have said you will collect a product ("click and collect") but you don't do this within 7 days then we may treat your order as cancelled and refund the purchase price.

We do not compensate you for all losses caused by us or our products

We are responsible for losses you suffer caused by us breaking this contract unless the loss is:

• Unexpected.  It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).

• Caused by a delaying event outside our control.  As long as we have taken the steps set out in the section: “Delivery charges are as advised during the order process”, we are not responsible for delays outside our control.

• Avoidable.  Something you could have avoided by taking reasonable action.  For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us.

• A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in our Terms and Conditions Applicable to Business Purchases.

• More than the value of your order.  We will not be responsible for losses you suffer over and above the value of the goods that you have ordered.

Nothing in these terms shall affect your statutory rights.  This means that we will be responsible for losses that you suffer as a result of us failing to provide goods which are of satisfactory quality, fit for the purpose we hold them out to be or they are not as described on our Website.

We use your personal data as set out in our Privacy Policy

How we use any personal data you give us is set out in our Privacy Policy.

You have several options for resolving disputes with us

How we handle complaints. Our Customer Service Team can be contacted at customerservices@eve.co.uk and will do their best to resolve any problems you have with your order.  We aim to resolve all complaints raised with us as soon as practically possible and in any event within 28 days of the original complaint being made by you.

Resolving disputes without going to court. Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court.  You can submit a complaint to the Centre for Effective Dispute Resolution (“CEDR”) through their website at www.cedr.com/consumer. CEDR does not charge you for making a complaint.  If you're not satisfied with the outcome, you can still go to court.

You can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts.  If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in.  We can claim against you in the courts of the country you live in.

Other important terms apply to our contract

We can transfer our contract with you, so that a different organisation is responsible for supplying your product.  We will contact you to let you know if we plan to do this.  If you are unhappy with the transfer you can contact our Customer Service Team at customerservices@eve.co.uk to end the contract within 7 days of us telling you about it and we will refund you any payments you've made in advance for products not provided.

Nobody else has any rights under this contract.  This contract is between you and us.  Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

If a court invalidates some of this contract, the rest of it will still apply.  If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

Even if we delay in enforcing this contract, we can still enforce it later.  We might not immediately chase you for not doing something (like paying) or for doing something you are not allowed to, but that does not mean we cannot do it at a later date.

EVE IT LIMITED – TERMS AND CONDITIONS APPLICABLE TO BUSINESS PURCHASES

INFORMATION ABOUT US AND OUR PRODUCTS

1.  About Us

1.1  Company details. EVE IT LIMITED (company number 13117111) (we and us) is a company registered in England and Wales and our registered office and main trading address is at Unit B2 Loades Eco Parc, Blackhorse Road, Coventry, United Kingdom, CV7 9FW.  Our VAT number is 398609926.  We operate the website www.eve.co.uk (Website).

1.2  Contacting us. To contact us telephone our customer service team at 02477 800 555 or email customerservices@eve.co.uk.  You can find everything you need to know about us, EVE IT Limited, and our products on our Website or from our sales staff before you order.  We also confirm the key information to you in writing after you order by email.  How to give us formal notice of any matter under the Contract is set out in clause 15.2.

2.  Our contract with you

2.1  Our contract.  These terms and conditions (Terms) apply to the order by you and supply of goods by us to you (Contract).  No other terms are implied by trade, custom, practice or course of dealing.

2.2  Entire agreement.  The Contract is the entire agreement between us in relation to its subject matter.  You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.

2.3  Language.  These Terms and the Contract are made only in the English language.

2.4  Your copy.  You should print a copy of these Terms or save them to your computer for future reference.

3.  Placing an order and its acceptance

3.1  Placing your order.  Please follow the onscreen prompts to place an order.  Each order is an offer by you to buy the goods specified in the order (Goods) subject to these Terms.

3.2  Correcting input errors.  Our order process allows you to check and amend any errors before submitting your order to us.  Please check the order carefully before confirming it.  You are responsible for ensuring that your order and any specification submitted by you is complete and accurate.

3.3  Acknowledging receipt of your order.  After you place an order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted.  Our acceptance of your order will take place as described in clause 3.4.

3.4  Accepting your order.  We will confirm our acceptance to you by sending you an email that confirms that the Goods have been dispatched (Dispatch Confirmation).  The Contract between you and us will only be formed when we send you the Dispatch Confirmation.

3.5  If we cannot accept your order.  If we are unable to supply you with the Goods for any reason, we will inform you of this by email and we will not process your order.  If you have already paid for the Goods, we will refund you the full amount including any delivery costs charged as soon as possible.

4.  Our Goods

4.1  The images of the Goods on our site are for illustrative purposes only.  Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours will accurately reflect the colour of the Goods.  The colour of your Goods may vary slightly from those images.

4.2  The packaging of your Goods may vary from that shown on images on our site.

4.3  We reserve the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirement.

5.  Cancellation, returns and refunds

5.1  Cancellation by you.  You may cancel the Contract and receive a refund, if you notify us as set out in clause 5.3 within 14 days of your receipt of our Dispatch Confirmation.

5.2  However, this cancellation right does not apply in the case of:

(a)  any personal computers such as laptops, PC’s or tablets with pre-installed software such as an operating system; or

(b)  any custom-built items or systems such as a custom specification server; or

(c)  personalised items such as an engraved tablet or laptop; or

(d)  sealed audio or sealed video recordings or sealed computer software, once these Goods are unsealed after you receive them; or

(e)  any Goods which become mixed inseparably with other items after their delivery.

5.3  To cancel the Contract, you must contact our Customer Services team by email on customerservices@eve.co.uk or via the Returns section on our website.  Please include details of your order to help us to identify it including your order number and contact details.  If you send us your cancellation notice by email then your cancellation is effective from the date you send us the email.

5.4  If Goods have been delivered to you before you decide to cancel the Contract then you must return them to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract.  You can either send them back, return them to us at our registered office or hand them to our authorised carrier.  Please see our Returns page for our returns address, printable returns labels and information about our authorised carrier and how to arrange a return.

5.5  Faulty Goods.  If you are returning the Goods to us because they are faulty or mis-described, please contact our Customer Services team by email on customerservices@eve.co.uk in the first instance.  We will either ask you to return the faulty Goods back to us or where appropriate, the return may be dealt with by the manufacturer.  We will advise you of appropriate next steps, depending on the Goods that are faulty.  In the event you contact us within 30 days of delivery to notify us that the Goods are faulty, we will pay the reasonable costs of returning the Goods to us.  If you are returning Goods to us more than 30 days after delivery but within the warranty period applicable to the Goods then you are liable for the costs of returning the Goods to us.  All Goods returned to us under this clause 5 will be tested by us and in the event no fault is found with the Goods, they will be returned to you.  Any claims by you in relation to Goods supplied by us being faulty are subject to clause 11 of these Terms.

6.  Delivery ,transfer of risk and title

6.1  We will advise you of an estimated delivery date for the Goods you have ordered on the Dispatch Confirmation which will be determined by the method of delivery you choose in the checkout journey.  Any delivery dates quoted by us are an estimate only and do not form part of the Contract.  Occasionally our delivery to you may be affected by an Event Outside Our Control.  See clause 14 for our responsibilities when this happens.

6.2  Delivery is complete once the Goods have been unloaded at the address for delivery set out in your order and the Goods will be at your risk from that time.

6.3  You own the Goods once we have received payment in full, including all applicable delivery charges.

6.4  If we fail to deliver the Goods, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Goods. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of goods.

7.  International delivery

7.1  If you are placing an order for Goods for delivery outside of the United Kingdom, you can request a quote for the Goods in your basket (Order Request) by clicking the “Request Quote” button at the checkout.  An Account Manager will contact you by email to provide you with a quote for the Goods in your Order Request.  We will confirm our acceptance of any order to you by sending you an email that confirms the Goods have been dispatched.

7.2  Your order may be subject to import duties and taxes which are applied when the delivery reaches that destination.  Please note that we have no control over these charges and we cannot predict their amount.

7.3  You will be responsible for payment of any such import duties and taxes and we shall have no liability whatsoever for any duties, taxes, levies or other charges due in respect of the Goods.  Please contact your local customs office for further information before placing your order.

7.4  You must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable or responsible if you break any such law.

8.  Price of goods and delivery charges

8.1  The price of the Goods will be as quoted on our site at the time you submit your order.  We take all reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system.  However, please see clause 8.5 for what happens if we discover an error in the price of Goods you ordered.

8.2  Prices for our Goods may change from time to time, but changes will not affect any order you have already placed.

8.3  The price of Goods are shown on our website both inclusive and exclusive of VAT.  VAT is quoted at the applicable current rate chargeable in the UK for the time being.  However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.

8.4  The price of the Goods does not include delivery charges.  Our delivery charges are as advised to you during the check-out process before you confirm your order.

8.5  We sell a large number of Goods through our site.  It is always possible that, despite our best efforts, some of the Goods on our site may be incorrectly priced.  We will normally check prices as part of our dispatch procedures so that:

(a)  where the Goods' correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Goods to you; and

(b)  if the Goods' correct price is higher than the price stated on our site, we will contact you by email or telephone as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your order.  We will not process your order until we have your instructions.  If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing by email.  However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Goods and refund you any sums you have paid.

9.  How to Pay

9.1  You can pay for Goods using the following payment methods:

(a)  a valid debit card or credit card issued by a UK bank.  We accept the following cards: Visa Credit, Visa Debit, Visa Electron, Visa Purchasing, V Pay, Mastercard, Mastercard Debit, Diners Club International & Discover.

(b)  Apple Pay

(c)  Google Pay

(d)  PayPal

(e)  where applicable, by bank transfer.  For payments made by bank transfer, we will raise a proforma invoice which will be sent to you following our email confirming your Order and will include the relevant bank details for you to make payment against.  Once we have received payment from you, we will send you a Dispatch Confirmation confirming your order has been accepted.

9.2  Payment for the Goods and all applicable delivery charges is in advance.  We will not charge your chosen method of payment until we dispatch your Goods

9.3  We reserve the right to withdraw a payment method at any time for any reason.  In the event you submit a payment and we no longer support your chosen payment method, we will inform you of this and request payment by an alternative method.

10.  Manufacturer's guarantee

Some of the Goods we sell to you come with a manufacturer's guarantee.  For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Goods.

11.  Our warranty for the goods

11.1  We do not warrant that the Goods comply with the laws, regulations or standards outside the UK.

11.2  Unless otherwise stated on the product description on our Website, we provide a warranty that on delivery and for a period of 12 months from delivery, the Goods shall:

(a)  subject to clause 4, conform in all material respects with their description; and

(b)  be free from material defects in design, material and workmanship; and

(c)  be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).

11.3  Subject to clause 11.4, if:

(a)  you give us notice in writing within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 11.2;

(b)  we are given a reasonable opportunity of examining the Goods; and

(c)  we ask you to do so, you return the Goods to us,

we will, at our option, repair or replace the defective Goods, or refund the price of the defective Goods in full.

11.4  We will not be liable for breach of the warranty set out in clause 11.2 if:

(a)  you make any further use of the Goods after giving notice to us under clause 11.3;

(b)  the defect arises as a result of us following any drawing, design or specification supplied by you;

(c)  you alter or repair the Goods without our written consent;

(d)  the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or

(e) the Goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.

11.5  We will only be liable to you for the Goods' failure to comply with the warranty set out in clause 11.2 to the extent set out in this clause 11.

11.6  Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods.  Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.  We will not be responsible for ensuring that the Goods are suitable for your purposes.

11.7  These Terms also apply to any repaired or replacement Goods supplied by us to you.

12. Our liability: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE

12.1  References to liability in this clause 12 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

12.2  Nothing in these Terms limits or excludes our liability for:

(a)  death or personal injury caused by our negligence;

(b)  fraud or fraudulent misrepresentation;

(c)  breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

(d)  any other liability that cannot be limited or excluded by law.

12.3  Subject to clause 12.2, we will under no circumstances be liable to you for:

(a)  any loss of profits, sales, business, or revenue; or

(b)  loss or corruption of data, information or software; or

(c)  loss of business opportunity; or

(d)  loss of anticipated savings; or

(e)  loss of goodwill; or

(f)  any indirect or consequential loss.

12.4  Subject to clause 12.2, our total liability to you for all losses arising under or in connection with the Contract will in no circumstances exceed the price of the Goods under the Contract.

13.  Termination

13.1  Without limiting any of our other rights, we may suspend the supply or delivery of the Goods to you, or terminate the Contract with immediate effect by giving written notice to you if:

(a)  you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 14 days of you being notified in writing to do so;

(b)  you fail to pay any amount due under the Contract on the due date for payment;

(c)  you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or

(d)  your financial position deteriorates to such an extent that in our reasonable opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.

13.2  Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.

13.3  Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.

14.  Events outside our control

14.1  We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).

14.2  If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:

(a)  we will contact you as soon as reasonably possible to notify you; and

(b)  our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.  Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

14.3  You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days.  To cancel please contact us by telephone on 02477 800550 or by email at customerservices@eve.co.uk.  If you opt to cancel, you will return (at our cost) any relevant Goods you have already received and we will refund the price you have paid, including any delivery charges.

15.  Communications between us

15.1  When we refer to "in writing" in these Terms, this includes email.

15.2  Any notice given by one of us to the other under or in connection with the Contract must be in writing and be delivered by hand, sent by pre-paid first-class post or other next working day delivery service, or email.

15.3  A notice is deemed to have been received:

(a)  if delivered by hand, at the time the notice is left at the proper address;

(b)  if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second working day after posting; or

(c)  if sent by email, at 9.00 am the next working day after transmission.

15.4  In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

15.5  The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

16.  General

16.1  Assignment and transfer

(a)  We may assign or transfer our rights and obligations under the Contract to another entity but will always notify you by posting on this webpage if this happens.

(b)  You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.

16.2  Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).

16.3  Sub-contracting.  We may sub-contract any or all of our obligations under the Contract in whole or in part to any third party.

16.4  Waiver.  If we do not insist that you perform any of your obligations under the Contract, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations.  If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.

16.5  Severance.  Each paragraph of these Terms operates separately.  If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

16.6  Third party rights.  The Contract is between you and us.  No other person has any rights to enforce any of its terms.

16.7  Governing law and jurisdiction.  The Contract is governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.