Welcome to Shop Inc Ltd t/a Evercarts. In using this website you are deemed to have read and agreed to the following Terms and Conditions applicable to the sale by Shop Inc Ltd including through its website, by telephone and catalogue sales and by any other means (Sales Terms). We reserve the right to change these sales terms at any time, but no changes will apply to any orders placed before the change.
1. ABOUT SHOP INC LTD
Shop Inc Ltd is a company registered in England and Wales, with Company Number 06838458; VAT number 994380967. Our registered office is at 53 Wenlock Way, Leicester, LE4 9HU, United Kingdom.
3. BUISNESS AND CONSUMER SALES
These terms apply to all sales of products by us to consumers and businesses. For the purposes of these terms of sale you are a consumer, if you are an individual and are purchasing for the purposes which are wholly or mainly outside a trade, profession or business. In any other case, you are a business for the purposes of these terms. If you have indicated to us at any point that you are a business or consumer; including at the time you registered your account associated with the order or contract to and/or provided a business name when submitting an order which these terms apply, we shall then relay on this representation from you in entering into the contract, you shall from herewith be bound by such representation. Where the term "Consumer" is used then the clause shall apply to you if, and only if, you are a consumer as stated under this clause. Where the term "Business or Businesses" is used , then that clause shall apply to you if, and only if, you are a business.
4. FORMATION OF CONTRACT
4.1 YOUR ORDER
This is your legal offer to purchase the products on the terms of contact; this is subject to our acceptance.
4.2 WITHDRAWING YOUR ORDER
You are entitled to withdraw your order at any time up to the moment that we accept it and it becomes a binding contract. Once this has become a binding contact cancellations can only be made in accordance with your cancellation rights; clause 11, or in accordance with your legal right in the event that we are in breach of the contract.
4.3 ACKNOWLEDGEMENT OF YOUR ORDER
Once your order has been placed/submitted you will receive and email confirming your order. This email does not amount to an acceptance of your order, nor does it create a binding contract unless expressly stated by us.
4.4 ACCEPTANCE OF YOUR ORDER
Acceptance of your order will occur and a binding contract for sale and purchase of all products will be formed between you and us upon first dispatch of any of the products in your order, or sooner, from the moment your order status reads "dispatched"; this means that any of the products in your order has been dispatched.
4.5 DECLINING YOUR ORDER
We reserve the right to decline your order for any products, before acceptance, for any reason. We will email or telephone you to inform you and provide you with our reasons. We reserve the right to decline your order before we have accepted it for any reason at our sole discretion. We reserve the right to decline your order either in whole or in part.
4.5 AGE REQUIREMENT
If you are an individual ordering a product with a minimum age requirement, by ordering you are representing that you of the required age; you are representing that you are 18 years old and over.
4.6 MULTIPLE ITEMS
If your order lists more than one product or service then there shall be considered to be a separate and independent order and contract for each of them.
5. TERMS OF THE CONTRACT
The terms of the contract are as follows:
5.1 GENERAL TERMS
The following constitutes the general terms:
(a) These terms of sale
(b) The general delivery information published by us, including on our website, in our catalogue and at the time of your order, outlining but not limited to delivery charges, methods of payment, timescales and restrictions.
(c) Descriptions, specifications and additional terms are specified for the product on all products on our website and in our current catalogue at the time of your order.
(d) Any terms which are implied into the contract by statute or rights in relation to this contract granted by statute, unless and to the extent they are otherwise limited, varied or excluded by any other contract terms.
5.2 SPECIFIC ORDER TERMS
The specific terms of your order; including product description, quality, price and other delivery charges applicable, your details, billing and shipping address and payment methods are set out in the check out page (For website orders) generated by our website , or for orders by order form these are set out in any printed catalogue order form submitted by you, or for order on the telephone these are as agreed orally in your call with us, or for orders made by online chat forum these are agree on the chat forum: in each case as confirmed by us in written acknowledgement (by Invoice) or acceptance of your order which we send to you. If you are a business no terms proposed by you shall apply to the contract, including any standard terms of purchase, unless expressly stated by us.
6. SALE AND PURCHASE AGREEMENT
Once we have accepted your order, we agree to sell to you and you agree to purchase from us the products specified in the contract terms.
Under the Sale of Goods Act 1979 and Supply of Goods and Services Act 1982 it is an implied term in the contract that the products will correspond to their description. The description is essentially as set out in our website and catalogue at the time of order, but there may be minor variations in specification, colour or other features between that description and the product received.
8. CHARGES AND VAT
You agree to pay the price, delivery charge and any other charges stated in the order specific terms. You are obligated to pay VAT on all charges, at the same time as the charges. All products on the website are stated with a charge that is inclusive of VAT and exclusive of VAT.
10. FREE GIFTS
For orders of products which are promised with a free gift; we reserve the right not to supply the free gift. If you place an order for two or more products with free gifts we reserve the right to limit the number of free gifts to you to a number that we decide in our sole discretion. If you return a product for any reason all free gifts must be returned by you other than in our breach of contract.
11. PAYMENT TERMS
11.1 Payment Currency
You must pay in the currency in which the price, delivery charges and any other charges are stated by us.
11.2 PAYMENT ON ORDER
Payment of the price, delivery charge and any other charges and amounts which are payable under contract must be made on order (including by telephone); except in the event of a collection , the payment must be made on collection, or Bank Transfer Method, payment is to be made before we will dispatch the order.
11.3 PAYMENT METHODS
We accept payment by such credit/debit cards and other methods as may be stated on our website or in our catalogue from time to time. We do not accept payment via post or cheque, if you send payment by post, then you takes the risk of the theft, loss or damage of your payment instrument in the post.
11.4 DEFAULT TIME FOR PAYMENT
The price, delivery charges and all other charges are payable on order with exception to those stated in clause 11.3 , and we are not obliged to process your order or dispatch any products until payment in full has been received by us. You authorise us to take payment from any card or other payment service for which you have provided details, at the time of, or at any time after you have submitted, your order, whether or not the order has been accepted by us and a contract formed. If your payment cannot be collected or is not authorised by your card or payment services provider for any reason we will tell you.
11.5 NO SET-OFF BUSINESSES
You must make all payments in full without set-off, deduction, counter-claim, or withholding.
12.1 DELIVERY ADDRESSES
Delivery of the products will take place at the delivery/shipping address. Please note that we primarily deliver to addresses located within the United Kingdom (including Northern Ireland) and such other places as may be stated in any delivery information on our website or in our catalogue. For international delivery additional charges will apply. Please note that International orders may be subject to International Customs fee; Shop Inc Ltd are not liable to pay these charges.
12.2 DELIVERY TIMESCALES
We only deliver on working days, being Monday to Friday, excluding public and bank holidays.. Any statements as to delivery within a number of days should be read as working days, and if a bank or other public holiday falls within any delivery period then you should allow an extra two working days for delivery. Deliveries over the Christmas period may be subject to server delays. Delivery days are stated as such from dispatch.
Delivery timescale is as follows:
Standard delivery – 3-4 working days from dispatch
Express delivery – 1-2 working days from dispatch
Please note International delivery is not subject to a timescale due to International Customs and Regulation.
We will use reasonable efforts to deliver the products within the delivery timescales stated in the other contract terms. If no timescale is stated, then delivery will be made without undue delay and no later than 30 days beginning with the day the contract was entered into. If we are not able to make the delivery time scale, we will let you know.
12.3 FORCE MAJURE
We are not responsible for delay in supplying or delivering or failure to supply or delivery any products due to unforeseen events beyond our reasonable control. We will let you know as soon as possible if there is going to be a problem in supplying the products, and give you an opportunity to cancel your order, in which case we will refund all amounts paid by you to us under the order, or give you an opportunity to continue with the order if possible, in which case we will inform you once the products have been dispatched as to the timescale of delivery as soon as we are in a position to continue performing the order.
We may make delivery of the products by instalments, for instance where all of the products are not in stock, in which case we will inform you. This will not affect your rights to cancel or terminate the contract in which case we will refund all amounts paid to us by you under the order. If we do not have the items in stock we will give you the option of a partial refund for the products paid to us by you of which we cannot send.
12.5 FAILURE TO RECIEVE PRODUCTS
If delivery is attempted within our stated delivery timescale and you are not present to collect the products or you unreasonably refuse to take delivery of the products, then we may abandon the delivery attempt, and another delivery charge for re-delivering the products at another time. We will give you the option of collecting the products from our address or requesting further delivery attempts at further delivery charge. We reserve the right to sell any undelivered products. Please note that we will not process a refund after 60 days of a failed delivery; we will give you the option of resending you the order, this is at our sole and absolute discretion.
12.6 INSPECTION ON DELIVERY
You should check that you have received all of the products you ordered, and inform us as soon as you can if you think anything is missing or think anything is damaged or not in working order. If you are a business customer, you must inform us by the next working day after delivery has been made if you do not think you have received the products ordered, otherwise all products purported to be covered by the delivery shall be deemed to have been delivered. If you are a business customer, you must inform us within 10 working days if you consider that the products are faulty or damaged, otherwise the products will be considered to have been correctly delivered, free from damage or faults and in good working order, except for any damage or fault you could not have discovered on reasonable inspection of the products.
12.7 RETENTION OF TITLE
Title to the products passes to you when risk passes below, unless the price or any other amount payable by you is outstanding at delivery, in which case title is retained by us until you have paid in full the price and all other amounts payable under the contract.
Risk in the products shall pass to you when they come into your physical possession, or any person identified by you to take possession of the products, or any carrier you commissioned to collect the products from us and transport them to you, or our courier service hand over the products to any person who you authorise to collect them from a postal or courier service, or we leave the products at a place or with a person in accordance with any express delivery instructions received from you. Risk in any returned products shall pass back to us when they come back into our physical possession, or any person identified by us to take possession of the returned products, or any carrier commissioned by us collect the products from you and transport them back to us.
13. CANCELLATION POLICY
Where you are a consumer, then you have the right to cancel the contract for any products without giving any reason, under the Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013 (the "Cancellation Regulations"), on and subject to the terms detailed below. This right is in addition to your statutory rights for faulty or mis-described products. If you are a business then we also give you a right to cancel the contract for any products without giving any reason in accordance with the terms detailed below.
13.1.1 ALL CONSUMERS
Your cancellation right does not apply to the following products (unless such exceptions are not permitted by the Cancellation Regulations): where our website or catalogue states that the cancellation right does not apply to that product; gift cards; products made to your specifications or personalised for you, such as stamps; sealed audio or video recordings and sealed computer software packages, if the seals are broken after delivery; stamps; and products liable to deteriorate or expire rapidly.
13.1.2 BUISNESS CONSUMERS
If you are a business, your cancellation right does not apply to the following products; used products, other than use simply to test that they work and are in the condition required by the contract; products not returned with all packaging, contents, documents, and other items supplied with or as part of the products, including any free gifts; products damaged or marked in any way after delivery; and products not returned in a resalable condition (being resalable for at least 80% of the price they were sold to you) due to anything occurring after delivery; or products title to or possession of which has been given by you to a third party.
13.2 CANCELLATION TIMESCALE AND REFUNDS
You may exercise your right to cancel at any time up to the time stated below (the "cancellation timescale"). The cancellation timescale is before your order is marked as “awaiting shipment”. Once your order has been marked as “awaiting shipment” you will not be able to cancel your order. Shop Inc Ltd are unable to recall orders once they have reached the dispatch team.
13.2.1 EXERCISING YOUR RIGHT TO CANCEL
13.2.2 INFORMING US
To exercise you right to cancel, you must inform us of your decision by either email with a clear statement or by telephone details of which can be found on our website or by our online chat on our website at www.evercarts.com.
It is sufficient to meet the cancellation deadline if you contact us by the means stated in clause 188.8.131.52 before the cancellation deadline stated in clause 13.2, even if we do not receive it until after the cancellation deadline.
13.2.4 ORDER REFRANCE OR ORDER ID NUMBER
It will save time if you can supply us with your order reference number or order ID number when you cancel, but don't worry if you are not able to find this.
14.1 AMOUNT OF REFUND
If you cancel this contract in respect of a product, we will reimburse to you all payments received from you under the contract with respect to such product, including the price plus VAT, delivery charges and any other charges but if you chose a type of delivery which costs more than the least expensive type of standard delivery offered by us for your delivery address, then we will not be obliged to refund you any additional delivery charges in excess of the cost of such standard delivery.
Please note that we will not refund delivery charges paid by you where Shop Inc Ltd have fulfilled all terms under this agreement as outlined in clause 5.1, 5.2 and 7 in relation to the products you received.
We may deduct from your refund the costs of return of the products (where the above mentioned term applied) and any diminution in the value of the products. You will not incur any fees as a result of the reimbursement.
14.2 REFUND TIMESCALE
If you are responsible for sending the products back to us (with exception to the terms stated in clause 13.3.1) , then we will provide the refund without undue delay, and not later than the earliest of the following dates: 14 days after the day we receive the products back from you; 14 days after the day you provide evidence that you have sent the products back to us; and (if the products have not been delivered) 14 days after the day on which we are informed about your decision to cancel. However, if we originally offered to collect the goods, rather than requiring you to send them back, then we will make the refund within 14 days of the day you informed us of your decision to cancel.
We will make the refund using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise, or it is not possible.
15.1 STATUTORY RIGHTS
We do not exclude any terms implied by statute in relation to the products, or statutory rights in relation to products which do not conform to the contract at the time of delivery, including under the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982, but we do limit our liability under those terms and rights as stated in clauses 16 and 17 below. Your main rights are summarised below for information purposes only:-
15.1.1 ALL CUSTOMERS -IMPLIED TERMS
Statute implies terms into the contract that we will pass good title to the products, that the products will comply with their description, that the products will be of satisfactory quality, and that the products will confirm to any sample provided.
15.1.2 ALL CUSTOMERS - REFUNDS AND REJECTIONS
If the products were not in conformity with the contract at the time of delivery, you may, depending on how serious it is, be entitled to reject the products and claim a refund, provided you do this as soon as you have had a reasonable opportunity to examine the goods.
15.1.3 CONSUMERS ONLY- REPLACEMENT
If you are a consumer you may have certain additional rights under statute, which we summarise as follows for information: If the products were not in conformity with the contract at the time of delivery, or if they do not conform to the contract within 6 months after delivery, you may also be entitled to ask us to replace the products, at our cost, within a reasonable time and without causing significant inconvenience to you. We are, however, only obliged to replace the products where it is possible, and it is not disproportionate when compared with the following: replacement (if you ask us to repair), giving you a partial refund, or your cancelling the contract and getting a full refund. If we do not provide a replacement remedy, or we undertake to replace and fail to do so within a reasonable time, then you may either (a) elect to keep the products and ask for an appropriate partial refund; or (b) elect to return the products for a full refund. We can only replace products "like for like", subject to availability. If replacement is not possible or is disproportionate, or we fail to replace the products within a reasonable time at our cost, you may keep the products and ask for a reduction in price, or cancel the contract and get a full refund. If you return the products for a full refund, we are entitled to reduce any refund to take account of any use you have had of the products since they were delivered to you.
15.2 MANUFACTURERS WARRANTY
Where the products include a manufacturer warranty or guarantee which the manufacturer of the products offers direct to its end-customer, then it is your responsibility to register that manufacturer warranty with the manufacturer, following any instructions which come with the products, and we do not assume any liability or responsibility ourselves under such warranty. Any claims you make under it must be made directly by you to the manufacturer.
16. OUR LIABILITY TO CONSUMERS
We shall not be liable to you (including under or for breach of the contract or in negligence) for:
(a) any loss of profits or other losses relating to any business;
(b) for any losses which were not foreseeable by us when the contract was made; or
(c) for any losses which were not caused by any breach of the contract or any negligent or unlawful act or omission by us.
(d) for loss or damage to property;
We do not exclude or limit any liability which we may have to you:
(a) for fraud or fraudulent misrepresentation; or
(b) to refund any payments made by you under the contract
(C) for death or personal injury;
17. OUR LIABILITY TO BUSINESSES
The following terms apply if you are a business:-
17.1 LIMITATIONS AND EXCLUSIONS
In this contract, references to our "liability" shall be to our liability to you under or for breach of the contract, our liability to you for negligence, breach of statutory duty, tort, or accidental or negligent misrepresentation, and any other liability we may have to you whatsoever and howsoever arising under, in connection with, or in the course of performing, the contract, or in connection with the products. Our total liability for all events giving rise to liability to you in aggregate for all such events shall be limited to an amount equal to the price, delivery charges and other amounts payable by you under the contract as ascertained at the time of your order. We shall have no liability to you for: loss of revenue, bargain, profit, anticipated savings, contract, business, expectation, use, production, or goodwill; any costs, expenses, liabilities, or commitments wasted, suffered, incurred or entered into in reliance on the contract; any costs of purchasing substitutes or replacements for the products elsewhere; any special, indirect or consequential losses; your liability to any third party; , or loss or damage suffered by any third party. Notwithstanding any other contract term, we do not limit or exclude our liability to you for fraud or fraudulent misrepresentation or death or personal injury caused by our negligence.
The information on this website is provided on an "as is" basis to the fullest extent permited by law, Shop Inc Ltd: excludes a;; respresntations and Warrenties relationg to this website and its content or which is or may be provided by affliates or any other third party, including in relation to any inaccuracies or ommissions in this website and/or Shop Ins Ltd's literature.
17.2 CLAIMS LIMITATION PERIOD
We shall not be liable in respect of any products missing from a delivery, and all products purported to be in a delivery shall be considered to have been delivered in full, if you do not notify us otherwise by the end of the next working day following the day of delivery. We shall not be liable in respect of any damage to any products present on delivery if you do not notify us of such damage within 10 working days after delivery of the products has been made. We shall not be liable for any other non-conformity of any product with this contract (including faults and defects), if you do not notify us of such non-conformity within 10 working days after delivery (if such fault or defect was discoverable on reasonable inspection at the time of delivery), or within 3 months after the delivery of that product in any other case; and we shall not be liable for any non-conformity of any product identified or arising after the end of that 3 month period. If any product is not in conformity with the contract, then our liability shall only be with respect to that product, and you may not return, and you shall continue to pay for, all other products. You shall give us a reasonable opportunity to repair or replace any non-conforming product, at our option, before exercising any right to reject the product. You shall pay our reasonable costs incurred in investigating any claim that a product is missing or not in conformity with the contract, if such claim is not proved by you.
18. SHOP INC LTD RIGHT TO VARY AND CANCEL
We shall be entitled to vary the contract, or to cancel the contract, as a whole or in respect of any products, at our option, if any of the following applies:
(a)we do not have the products in stock at all or in a fit state to supply to you; or
(b) we find we not have sufficient products in stock to meet all our orders from all our customers; or
(c) the cost of acquiring the products to supply to you is higher than when your order was accepted by us;
(d) we are not able to obtain the products from our suppliers at all or in time to meet the delivery timescales;
(e) the contract terms (including our website or catalogue, or your order) contained any error, including in relation to the description or price of any of the products; or
(f) we have not received payment in full of or are unable to obtain authorisation for payment of the charges and other amounts payable by you;
(g) you do not meet any minimum age requirement for ordering; .
If we propose to vary the contract, we will give you an offer to continue with your order subject to such variations as we propose, in which case we will identify any variations (including any proposed changes to the products, the price and delivery charges, and delivery timescales) and we will state how long that offer will remain open; and if you do not accept our offer, then the contract will be deemed to be cancelled. If the contract is cancelled under this clause 18: you must return to us any products supplied to you under the contract in an unused and unopened condition (at our cost if you are not at fault); and we will offer you a full refund for the products cancelled, subject to receiving back from you any products supplied in the condition required by this clause.
19.1 ENTIRE AGREEMENT
The contract terms constitute the entire agreement between you and us for the sale and purchase of the products. No other communications or representations between you and us, whether written or oral, shall bind us, and you acknowledge that you have not relied on any representations from us in entering into the contract which do not form part of the contract documents. Any variation or alteration to the contract terms shall only be binding upon us if made in writing and signed by a director of Shop Inc Ltd. No employee, other than a company director, has authority to change the terms of the contract.
19.2 THIRD PARTY RIGHTS
The contract shall not benefit or be enforceable by any person other than you and us.
19.3 SUB- CONTRACTING
We may sub-contract our obligations under the contract.
19.4 INVALID TERMS
Each of the terms of the contract is separate and severable, and if any term is held to be void or invalid, it shall be severed, and the remaining terms shall continue in full force.
We may on occasion, at our sole and absolute discretion, decide not to exercise or wait before exercising our rights. If we do so, we shall still be entitled to insist on the strict terms of the contract later on.
19.6 COST OF CLAIMS
You shall pay all our legal costs (on a full indemnity basis) and other fees, costs and expenses incurred in enforcing and recovering any payment due from you under this contract, and in recovering any products which you are obliged to return to us.
19.7 LAW AND JURISDICTION
The contract and all non-contractual obligations arising out of it shall be governed by the laws of England and Wales. You agree to exclusively bring any claims against us relating to this website or any non-contractual obligations arising out of it in the courts of England and Wales.