- These Terms, any document referred to in them, and any other information or policies on our FAQs page explain how you may use our ecommerce platform (the EvolutionSK Market) which connects buyers (you) with Sellers (the Services). If there is a discrepancy between these Terms and any information or policies on our “Customer Care” page then these Terms shall prevail. If there is a discrepancy between these Terms and the Seller’s Terms and Conditions, then the Seller’s Terms and Conditions shall prevail.
- References in these Terms to the EvolutionSK Market includes the website and all associated web pages.
- You should read these Terms carefully before using the EvolutionSK Market.
- By accessing or using the EvolutionSK Market, you agree to be bound by these Terms and the documents referred to in them.
- If you do not agree with or accept any of these Terms or the Seller’s Terms and Conditions, you should stop using the EvolutionSK Market immediately.
- If you are acting on behalf of a company or other entity and you do not have the authority to accept these Terms on behalf of the company or other entity, you should stop using the EvolutionSK Market immediately.
- Please note, when you purchase goods from the EvolutionSK Market you are purchasing goods from our selected Sellers we act as an agent on behalf of the Sellers.
- If you have any questions about the EvolutionSK Market, please contact us at firstname.lastname@example.org or using the details on our contact us page.
- The following definitions apply in these Terms (that means when, for example, you see the word Content with a capital “C” (even if not at the start of a sentence) in these Terms it has the meaning defined to it below):
Has the meaning given to it in clause 1.1;
Means: (a) any text, logos, images or other content; (b) any comments, feedback and ideas; and (c) any other materials or information of any kind whatsoever, submitted by you in connection with the EvolutionSK Market;
Means any seller who makes products available for sale via the EvolutionSK Market.
Means these terms and conditions of use as updated from time to time under clause 23.6;
Seller’s Terms and Conditions
Means the Seller terms and conditions which apply to products supplied to you via the EvolutionSK Market by the Seller and will have been provided to you before you paid for any products from the EvolutionSK Market;
We, us or our
Means Evolution SK Limited trading as EvolutionSK a company incorporated and registered in England and Wales with company number 11805885 and registered office is at Kemp House, 160 City Road, London, EC1V 2NX, United Kingdom; and
You or your
Means the buyer accessing or using the EvolutionSK Market.
- The following rules of interpretation apply in these Terms:
- The words ‘include’, ‘including’, ‘in particular’ or any similar words and expressions will be construed as illustrative only and will not limit the sense of any word, phrase, term, definition or description preceding those words;
- The use of the singular includes the plural and vice versa and a reference to one gender includes a reference to the other gender;
- A reference to ‘writing’ or ‘written’ includes any method of reproducing words in a legible and non-transitory form (including email);
- A reference to a ‘party’ includes that party’s personal representatives, successors and permitted assigns;
- A reference to a ‘person’ includes a natural person, corporate or unincorporated body (in each case whether or not having separate legal personality) and that person’s personal representatives, successors and permitted assigns;
- Please note, when you purchase goods from the EvolutionSK Market you are purchasing goods from our selected Sellers. We act as an agent on behalf of the Sellers to conclude contracts with you, the Sellers have authorised us to do this in our name but on behalf of the Seller.
- The legal contract for the sale of goods on the EvolutionSK Market is between you and the Seller.
- We are authorised to conclude contracts on behalf of the Seller but the terms on which the goods are purchased are on the Seller’s Terms and Conditions. We will have presented the Seller’s Terms and Conditions on the product listing please review those terms and keep a copy of them for future reference.
- We ask our Sellers to maintain reasonable polices that are in line with our own policies. If you are not happy with what you have received from a Seller, please let us know and we will liaise with both you and the Seller to try and fix the problem.
- By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that you must be provided with certain key information before a legally binding contract between you and the Seller is made. If you want to see this key information, please:
- Go to our FAQs page;
- Read the acknowledgement email (see clause 6.5.1); or
- Contact us using the contact details at the top of this page.
- The key information we or the Seller (for example in the Seller’s Terms and Conditions) give you by law forms part of this contract (as though it is set out in full here).
- If we or the Seller have to change any key information once a legally binding contract between you and the Seller is made, this can only be done if you agree to it.
- Below, we set out how a legally binding contract between you and the Seller (because we act as an agent for the Seller as described at clause 3 of these Terms) is made.
- You place an order to the Seller via our online checkout. Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us.
- When you place your order at the end of the online checkout process (eg when you click on the ‘pay now’ button), we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.
- We may contact you to say that we or the Seller do not accept your order. This is typically for the following reasons:
- The goods are unavailable;
- We cannot authorise your payment;
- You are not allowed to buy the goods from us;
- We are not allowed to sell the goods to you;
- You have ordered too many goods; or
- There has been a mistake on the pricing or description of the goods.
- The Seller will only accept your order when we email you to confirm this and provide you with shipping details (the Confirmation Email). At this point:
- A legally binding contract will be in place between you and the Seller; and
- We or the Seller will dispatch the goods to you.
- You may not be able to buy certain goods because you are too young. These are set out on the relevant webpage for the goods.
- We and the Sellers use delivery providers to deliver the goods. If you want to see your delivery options, visit our FAQ before you place your order. There may be additional requirements or restrictions for international destinations; these will be on our Shipping page so please read it carefully as you may be liable for additional duties or taxes.
- The estimated date of delivery is set out in the Confirmation Email (see clause 6.5).
- If something happens which:
- Is outside of our control; and
- Affects the estimated date of delivery;
we will let you have a revised estimated date for delivery of the goods.
- Unless you and we or the Seller agree otherwise, if your goods cannot be delivered within 30 days, we will:
- Let you know;
- Cancel your order; and
- Give you a refund.
- You are responsible for the goods when delivery has taken place. In other words, the risk in the goods passes to you when you take possession of the goods.
- Your goods may be delivered in instalments. If you want to see whether your goods may be delivered in this way, please see the Confirmation Email at any time during the online checkout process.
- Please see our returns page for our Returns Policy for information on returns and exchanges. For further information on cancelling your order under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, please see below.
- Our specific entity procuring such payment processing services will depend on your location and we will advise you of this during the online checkout process.
- We accept all major credit cards and debit cards. We do not accept cash.
- Your credit card or debit card will be charged at the end of the online checkout process.
- All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps such as via: Verified by Visa, Mastercard®SecureCodeTM, or American Express SafeKey.
- If your payment is not received by us and you have already received the goods, you:
- Must immediately pay for such goods; or
- Must return them to us as soon as possible. If so, you must keep the goods in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the goods) and not use them before you return them to us.
- If you do not return any goods (such as where you have not paid for them) we may collect the goods from you at your expense. We will try to contact you to let you know if we intend to do this.
- Nothing in this clause affects your legal rights to cancel the contract during the ‘cooling off’ period under clauses 10 and 12.
- The price of the goods:
- Is in the local currency you select;
- Includes VAT or the relevant local tax at the applicable rate; and
- Does not include the cost of delivering the goods (if you want delivery options and costs, visit our FAQ page before you place your order).
- From time to time we may offer prize competitions and promotions in relation to the goods on the EvolutionSK Market. When we do offer any such competitions and promotions, additional terms will apply and you agree to be bound by those additional terms as if they were apart of these Terms.
- If we do decide to offer any promotions and or loyalty schemes then this shall be done at our sole discretion and be subject to stock, availability and our final decision.
- If you are in the UK, you may have the right to cancel this contract within 14 days without giving any reason under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or equivalent legislation. However, for some goods you do not have the right to cancel or you may lose the right to cancel in certain circumstances. This is further explained in clause 11.5.
- The cancellation period will expire 14 days after the day on which you, or someone you nominate, receives:
- The goods (unless one of the options below applies to your order); or
- The last good (if you ordered multiple goods in one order and they are being delivered separately); or
- The last lot or piece (if you ordered a good that consists of multiple lots or pieces); or
- The first good (if you ordered goods to be delivered regularly over a set period of time).
- To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (eg a letter sent by post or email) using the contact details at the top of this contract.
- To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
- You do not have the right to cancel in respect of the following goods and will not be entitled to a refund unless such goods are faulty:
- Goods that are made to your specifications or which are clearly personalised; or
- Goods received sealed for health protection or hygiene reasons (eg beauty products, underwear, swimwear, pierced jewellery etc), once you remove or break the seal.
- This does not affect the rights you have if your goods are faulty. These are set out in clause 14.
- If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us or the Seller).
- We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you or if any manufacturer tags are removed.
- We will make the reimbursement without undue delay, and not later than:
- 14 days after the day we or the Seller have received back from you any goods supplied; or
- 14 days after the day you provide evidence that you have returned the goods.
- We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
- Reimbursement may be withheld until we or the Seller have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
- If you have received goods:
- You shall send back the goods back to us or the Seller as we advise you, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired;
- You will have to bear the direct cost of returning the goods; and
- You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
- The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the goods:
- Are of satisfactory quality;
- Are fit for purpose; and
- Match the description, sample or model.
- We must provide you with goods that comply with your legal rights.
- The packaging of the goods may be different from that shown on the EvolutionSK Market.
- While we try to make sure that:
- All weights, sizes and measurements set out on the EvolutionSK Market are as accurate as possible, there may be a small tolerances in the sizes and measurements of the goods; and
- The colours of our goods are displayed accurately on the EvolutionSK Market, the actual colours that you see on your computer may vary depending on the monitor that you use.
- Any goods sold:
- At discount prices;
- As remnants; or
- As substandard,
Will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.If we or the Seller can’t supply certain goods we or the Seller may propose to substitute them with alternative goods of equal or better standard and value. In this case:
- We will let you know if we or the Seller has proposed to do this; and
- If we let you know of this then you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.
- You have certain legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). For more detailed information on your rights and what you should expect from us and our Sellers please:
- Visit our webpage:
- Contact us; or
- Visit the Citizens Advice website www.citizensadvice.org.uk or call 03454 04 05 06.
- Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
- Please contact us using the contact details at the top of this page, if you want to exercise your statutory rights.
- You may create an EvolutionSK Market account which you may use to keep track and manage your use of the Evolution SK Market.
- You may create your account by clicking create an account or during the online checkout process at the top of the EvolutionSK Market homepage or by following the prompts after you have completed an order on the EvolutionSK Market.
- You agree that you will provide accurate and current information during the registration process in connection with the creation of your EvolutionSK Market account and in particular you expressly agree that you will not provide any false or misleading information and that you will not impersonate any person any other person or entity.
- You agree that you are solely responsible for keeping your username, password and other login credentials and account information secure and confidential.
- You agree that you are solely responsible for all costs and expenses incurred in connection with the creation of your EvolutionSK Market account and in connection with your use of the EvolutionSK Market.
- We seek to make the EvolutionSK Market as accessible as possible, we may suspend or terminate operation of the EvolutionSK Market at any time as we see fit.
- While we try to make sure that the EvolutionSK Market is available for your use, we do not promise that the EvolutionSK Market is available at all times nor do we promise the uninterrupted use by you of the EvolutionSK Market. If you have any difficulties using the EvolutionSK Market, please contact us.
- While we try to make sure that the EvolutionSK Market is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the EvolutionSK Market will be fit or suitable for any particular purpose. Any reliance that you may place on the information on the EvolutionSK Market is at your own risk.
- You agree not to crawl, scrape or spider the EvolutionSK Market or any part of it (or to attempt to do so or to procure, facilitate or assist any third party in doing so). You agree not to reverse engineer or extract source code from the EvolutionSK Market or any part of it (or to attempt to do so or to procure, facilitate or assist any third party in doing so).
- You agree that any products ordered by you via the EvolutionSK Market will be subject to the Seller’s Terms and Conditions. You agree that any disputes or issues arising in relation to the products ordered (e.g. issues relating to delivery, cancellations, exchanges, refunds and returns) should be raised with us so that we can then liaise with the relevant Seller and any dispute will be governed by the Seller’s Terms and Conditions, unless we have advised you otherwise.
- You agree that you are solely responsible for all costs and expenses incurred in connection with the use of your EvolutionSK Market account. For the avoidance of doubt, this means that you agree that you are responsible of all purchases and other activity on your EvolutionSK Market account regardless of whether or not you personally instructed those purchases or other activity on your EvolutionSK Market account (e.g. where your EvolutionSK Market account is shared with another person or where your EvolutionSK Market account is registered in the name of a company or other entity and is used by multiple people).
- You may close your EvolutionSK Market account at any time (provided that there are no outstanding payments owing on your account and/or provided that there are no ongoing disputes relating to your account) by giving us notice in writing that you wish to close your account.
- We may close your EvolutionSK Market account without notice at any time for any reason.
- We may prevent or suspend your access to the EvolutionSK Market at any time without notice if you fail to comply with any part of these Terms, documents referred in the Terms, or any applicable law.
- If your EvolutionSK Market account is closed for any reason, any all information associated with your account may be lost.
- All intellectual property rights in the EvolutionSK Market (including our applications, software, scripts, code, text, articles, designs, graphics, logos, stickers, images, photos, sounds, music, animations and other content) are owned by us, our licensors or both (as applicable). Intellectual property rights means rights such as copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and our licensors (as applicable) reserve all of our and their (as applicable) rights in any intellectual property in connection with these Terms. This means, for example, that we and they (as applicable) remain owners of them and free to use them as we and they (as applicable) see fit.
- Nothing in these Terms grants you any legal rights in the EvolutionSK Market other than as necessary to enable you to access the EvolutionSK Market. You agree not to adjust to try to circumvent or delete any notices contained on the EvolutionSK Market (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the EvolutionSK Market.
- EvolutionSK Market and any logos, taglines and/or other brand identifiers relating to the EvolutionSK Market are our trade marks. Other trade marks and trade names may also be used on the EvolutionSK Market. The use of any trade marks on the EvolutionSK Market is strictly prohibited unless you have our prior written permission.
- All intellectual property rights in your Content are owned by you or your licensor (as applicable), provided that by submitting your Content via the EvolutionSK Market you or your licensor (as applicable) grant us a worldwide, non-exclusive, irrevocable, perpetual, fully paid-up and royalty-free licence to use all intellectual property rights in your Content for any purpose without compensating or acknowledging you (including the right to display your Content on the EvolutionSK Market and the right to use any comments, feedback or ideas submitted by you to create, develop, modify, improve, manufacture, produce, market and sell products or services).
- You warrant that: (a) you have the right to enter into these Terms and the right, power and authority to grant to us the rights in and to your Content contemplated by these Terms; (b) your Content is not subject to any action, demand, claim or litigation and does not infringe any rights (including intellectual property rights or otherwise) of any third party; (c) your Content contains nothing abusive, threatening, defamatory, indecent, obscene, vulgar or unlawful or which infringes the statutory or common law rights of any third party.
- We may in our absolute discretion remove any Content not in compliance with these Terms or for any other reason.
- You agree that you are legally responsible any Content you submit via the EvolutionSK Market and that neither we nor the Seller shall have legal responsibility in respect of your Content.
- While we try to make sure that the EvolutionSK Market is secure, we cannot guarantee the security of any Content that you supply to us via the EvolutionSK Market and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any patentable ideas or patent applications, advertising or marketing suggestions, prototypes or any other information that you regard as confidential, commercially sensitive or valuable.
- The EvolutionSK Market ecommerce marketplace platform designed to connect buyers with Sellers around the world to design, make, sell and buy products and accordingly you understand and agree that we will not represent you in any specific transaction with any Seller.
- Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we disclaim all warranties and exclude all liabilities and we will have no legal responsibility to you in particular in respect of the following:
- The quality, safety, lawfulness and/or availability of any products made available for sale via the EvolutionSK Market and/or any orders or sales not completed via the EvolutionSK Market;
- Any claims relating to misrepresentation by any Seller or relating to defective products sold by any Seller via the EvolutionSK Market;
- Any claims relating to any content or materials made available by any Seller via the EvolutionSK Market (including claims relating to infringement of intellectual property rights or claims relating to defamation); and
- Any business interruptions, disruptions or inconveniences, any loss of profits, loss of revenue or any other business losses and/or any other similar losses or liabilities.
We will have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, pandemic, explosion or accident.
Disputes with Sellers
- You will try to resolve any disputes with Sellers quickly and efficiently. We will not advocate for you or for any Seller in any dispute and we will not act as a mediator or arbitrator in any dispute between you and any Seller.
- We will assist you and the Seller with the resolution of your dispute (however please note that we will have no obligation to do so and provided that we will not offer any opinions, advice or judgements in relation to any legal issues or claims).
- Additional documents. Our rules and guidelines relating to: shipping times; payments and payment terms; sizing; ordering; cancellations, exchanges, refunds and returns are set out in our FAQs which forms part of these Terms..
- Assignment and other dealings. You may not assign, subcontract, transfer, mortgage, charge, declare a trust of or deal in any other manner with any or all of your rights under these Terms and you may not transfer your EvolutionSK Market account to any third party.
- No agency or partnership. You and we are independent parties and are not partners or principal and agent and these Terms do not establish any joint venture, trust, fiduciary or other relationship between us, other than the contractual relationship expressly provided for in these Terms. Neither of us have, nor will we represent that we have, any authority to make any commitments on behalf of the other.
- Rights of third parties. No one other than a party to these Terms has any right to enforce any of these Terms.
- End of the contract. If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
- Variation. These Terms were last updated on the date stated at the beginning of them. No changes to these Terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these Terms (including our FAQs for Buyers and any other documents relating to the EvolutionSK Market made available to you and brought to your attention) from time to time. Any updated documents will be displayed on the EvolutionSK Market and by continuing to use and access the EvolutionSK Market following such changes, you agree to be bound by any variation made by us to these Terms (including our FAQs for Buyers and any other documents relating to the EvolutionSK Market made available to you and brought to your attention). It is your responsibility to check these Terms (including our FAQs for Buyers and any other documents relating to the EvolutionSK Market made available to you and brought to your attention) from time to time to verify such variations.
- Waiver. No failure, delay or omission by us in exercising any of our rights, powers or remedies provided by law or under these Terms will operate as a waiver by us of those rights, powers or remedies, nor will it preclude or restrict any future exercise of that or any other rights, powers or remedies by us.
- No single or partial exercise of any right, power or remedy provided by law or under this Agreement shall prevent any future exercise of it or the exercise of any other right, power or remedy.
- A waiver of any term, provision, condition or breach of this Agreement shall only be effective if given in writing and signed by the waiving party, and then only in the instance and for the purpose for which it is given.
- Governing law and jurisdiction. These Terms are governed by English law and subject to the non-exclusive jurisdiction of the courts of England.
To Evolution SK Limited, Kemp House, 160 City Road, London, EC1V 2NX, United Kingdom
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),