t's & c's
WHOLESALE TERMS & CONDITIONS
1 Our contract with you
1.1 These are the terms and conditions (the “Terms”) on which we, Evannave Illustration (“We”, “Us” and “Our”) supply any of Our products (the “Products”) detailed on Our website at www.evannave.co.uk (the “Site”) to you, in your capacity as a retailer, whether you operate your business via a physical retail shop or e-commerce website. The supply of Products to you is strictly for commercial or business use or resale.
1.2 We may ask you to prove the existence of your business and the sales methods that you use in order for Us to establish that you are a retailer. This may include, amongst other things, your providing to Us the address of your retail outlet and/or a digital photograph of your store front, and/or details of the URL of your website from which you operate your own e-commerce enabled webstore.
1.3 You confirm that you have authority to bind any business or company on whose behalf you use Our Site to order and purchase Products.
1.4 These Terms will apply to any contract between Us for the sale of Products to you and replace and supersedes any previous terms and conditions. We reserve the right to revise these Terms from time to time.
1.5 We intend to rely on these Terms and any documents expressly referred to in them in relation to the contract between Us. While We accept responsibility for statements and representation made by Our duly authorised employees and agents, please ensure that you ask for any variations from these Terms to be confirmed to you in writing to avoid any confusion between us. If you think that there is a mistake or would like any changes to be made to these Terms, please contact Us to discuss this as soon as possible.
1.6 Please read these Terms carefully and make sure that you understand them and check that the details on your order for the Products and in these Terms are complete and accurate, before you place an order for Products with Us. You are responsible for all information provided to Us in relation to the products ordered and We shall not be responsible for any errors or missing information in the details that We receive from you.
1.7 We shall confirm your eligibility as a retailer of Our Products in writing and these Terms shall apply in respect of any orders for Products that you place with Us. If you do not meet Our eligibility requirements as a retailer, we reserve the right to refuse any orders you request to make.
2 Ordering products
2.1 Your order for Products is made when you submit to Us by email at email@example.com. By submitting your Order, this does not mean that We have accepted it. Our acceptance of the Order will take place as described in clause 2.4.
2.2 There is a minimum order quantity (“MOQ”) listed on each items catalogue listing. We reserve the right to introduce an MOQ without notice although We will endeavour to give notice of any proposed changes in this respect.
2.3 If We are unable to supply you with any Product(s) ordered or if We are unable to comply with the time scale set out in your Order, We will inform you of this by email as soon as is reasonably practicable upon becoming aware of any such issues, and We will not process the Order unless and until you confirm to Us by email that you wish Us to proceed and the details of any changes required to be made to your Order. If We are able to, We will offer you the nearest alternative or if you would prefer, We will refund you the full amount that you have paid in respect of the relevant Products as soon as is reasonably practicable, where you have already paid for the Products.
2.4 Once your Order is received by Us, it will be added to Our order list. We will confirm and accept your Order in writing by replying to your email and sending you an electronic copy invoice (the “Invoice”). The Invoice will confirm the details of your Order, an order number and the amount payable by you in respect of your Order, together with any delivery or other charges applicable to your Order.
2.5 Please check the details set out in the Invoice as We shall not be responsible for any errors or missing information once the Order is confirmed by you. Please quote the Order number in all subsequent correspondence with Us relating to the Order.
2.7 Once you have confirmed that the Order details that We have are correct, We will provide you with an estimated dispatch and delivery date. Please note that any dispatch and/or delivery date provided are estimates only and the time of delivery is not guaranteed.
2.8 Once your Products are ready to be dispatched We will inform you with the correct method of communication.
2.9 We will endeavour to confirm your Order and issue the Invoice within 24 hours of receipt by Us of an Order for orders received Mon-Fri and within 72 hours where an Order is placed over a weekend or public holiday.
2.10 Once you receive the Invoice, We must receive payment promptly and in any event within 7 calendar days of your receipt of the Invoice in full for both the price of the Products ordered and any delivery or other applicable charges (if any) before We accept your Order.
2.11 Please confirm in writing that you accept these Terms and Our delivery and return and cancellation policies when placing an order. If you refuse to accept these Terms and Our delivery and return and cancellation policies, you will not be able to order any Products from Our Site.
2.12 If any of these Terms conflict with any term of the Order, the Order will take priority.
2.13 We reserve the right to refuse or decline any Order at Our sole discretion.
3 Our products
3.1 Our Site is solely for the promotion of Our Products and Services and the images of the Products on Our Site are for illustrative purposes only. Although We have made every effort to display the colours and print accurately, We cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. The Products that you receive from Us may vary slightly from those images.
4 Delivery of Our products
4.1 We will deliver the Product(s) ordered by you together with a hard copy of the Invoice, to the address which you give for delivery when you make your Order. If any of the details you have given to Us in your delivery address are incorrect, We are not liable for any items which have not been or are not received.
4.2 Each delivery of Products will be accompanied by a delivery note which shows the date of the Order, all relevant Order numbers, the type and quantity of the Products (including the Product code number where applicable), special storage instructions (if any) and if the Order is being delivered in instalments, the outstanding balance of Products remaining to be delivered.
4.3 Please note that time scales for delivery and delivery charges will vary depending on the availability of the Products and your address. Our Products are delivered worldwide, but Our studio is based solely in the UK. Please allow extra time for deliveries to be made outside the UK.
4.4 Once an Order has been shipped, you will receive an email from Us notifying you of the dispatch of the Product(s) (the “Dispatch Notification Email”). All Products are shipped using a fully traceable carrier and you will be provided the relevant shipping and tracking details in Our Dispatch Notification Email to enable you to track the Products being shipped.
4.5 Occasionally Our delivery to you may be affected by an Event Outside Our Control (as defined in clause 13.2). If We are unable to meet the estimated delivery date because of an Event Outside Our Control, We will contact you with a revised estimated delivery date.
4.6 Delivery of an Order shall be completed when We deliver the Product(s) to the address (or at any alternative address) that you gave Us in your Order.
4.7 The Product(s) will be your responsibility and owned by you from the point at which We or the courier first attempt delivery, whether you (or any nominated alternative) take delivery or not.
4.8 Where any Product is to be delivered internationally you will be responsible for any and all tax, duties and/or any other amounts payable in respect of the shipping of the Product(s) into the relevant country.
5 Goodwill guarantee
5.1 Following your receipt of the Products, you will have a period of 72 hours to check for any defects, faults or errors in respect of the Products delivered and to notify Us that you will be returning any Products to Us and the reason for any such returns.
5.2 If you fail to notify Us within the 72 hour period referred to in clause 5.1 that you intend to return any Products to Us, We are under no obligation to accept the return of any such Products from you, but where We do accept their return We do so at Our sole discretion and on such terms as We shall specify to you in writing.
5.3 If you return any Product to Us, for any reason other than misdescription or fault, where We agree to accept the return of the Product, We may deduct an amount that We consider at Our sole discretion is appropriate from the amount of the refund payable to you. We will notify you of the amount of any deduction that We will make and the amount of the refund that We will pay to you, before making any such payment. Any refund payable to you shall be made in accordance with clause 7.8 and We will make any refund to you in the manner in which payment was made by you to Us..
6 Risk & Title
6.1 Risk and responsibility for the Products shall pass to you from the point at which We or the courier first attempt delivery, whether or not you (or any nominated alternative) take delivery or not.
6.2 Title to the Products shall not pass to you until We have received payment in full for:
6.2.1 all the Products in respect of the delivery ; and
6.2.2 any applicable delivery or other charges.
7 Return of Products
7.1 Where you are returning a Product from the UK mainland and the Product has a fault, if you notify Us before returning the Product to Us, all postage related charges in respect of UK and international returns are payable by you.
7.2 When returning a Product, please ensure that it is in a securely wrapped parcel with suitable packaging to ensure that the Product does not get damaged in transit whilst being returned.
7.3 Should a Product be received which is not suitably packed for transit We reserve the right to refuse a refund on the grounds that insufficient care has been taken to return the Product to us.
7.4 When returning the Product, always ensure that you obtain a receipt or proof of posting from the relevant delivery agent so that if the Product does not arrive with Us, you can prove that it was actually posted back to Us and when.
7.5 We will provide the address to send returns when requested by you
7.6 Once the Product is received by Us, We will confirm this to you via email within 48 hours of Our receipt and the actions that We will take. If you have any queries regarding the Product returned, please do not hesitate to contact Us and We will endeavour to assist you.
7.8 Once you decide to return a Product to Us for whatever reason, the item is your responsibility until it reaches Us and you must not use it and must take reasonable care of it while it remains in your possession. The Product must be returned to Us in a saleable condition as received by you, intact and undamaged as soon as is reasonably possible but in any event within 30 calendar days of your receipt of delivery.
7.9 For your own protection, We recommend that you send the Product back to Us using a delivery service that insures you for the value of the Product as We cannot be held responsible for any items damaged or lost in the post.
8 Price and Payment
8.1 The price of the Products will be as quoted on Our Site.
8.2 Our prices may change from time to time, but price changes will not affect any Order(s) that We have confirmed with you.
8.3 The prices for the Products exclude any delivery costs (if applicable), which will be added to the total amount due. Our delivery charges are as set out in these Terms and will be confirmed in the Invoice issued to you.
8.4 It is always possible that, despite Our best efforts, some of the Products or delivery costs We sell may be incorrectly priced. We will normally check prices as part of Our dispatch procedures so that, where the Products’ correct price or the delivery cost is less than Our stated price, We will charge the lower amount when dispatching the Products to you. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, We do not have to provide the Products or send them to you at the incorrect (lower) price. If the Product’s correct price or the delivery cost is higher than the price stated in Our Site or in these Terms, We will contact you as soon as possible to tell you about the error and We will give you the option of continuing to purchase the Products at the correct price or amending your delivery specification (where the mispricing relates to delivery charges), 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. We will refund you the full amount paid by you as soon as is reasonable if you have already made a payment to Us.
8.5 You may pay for Products using the following methods:
8.5.1 a bank transfer direct to Our bank account (details of which are available on request).
8.6 Subject to clause 2.9, Payment for the Products and all applicable delivery charges is required to be made before your Order is accepted dispatched by Us and in advance of Our starting to manufacture the Product(s).
8.7 Any charges or fees payable to any financial institution or bank for processing payment in respect of your Order are your responsibility and must be paid by you. Any refund payable by Us to you will not include an amount in respect of any such charges or fees.
8.8 Time of payment shall be of the essence in respect of any payments to be made by you to Us pursuant to these Terms.
8.9You shall pay all amounts due under these Terms and any contract with Us in full and without any deduction or withholding except as required by law and you shall not be entitled to assert any credit, set-off or counterclaim against Us in order to justify withholding payment of any such amount in whole or in part. We may at any time, without limiting any other rights or remedies We may have, set off any amount owing to Us by you against any amount payable by Us to you.
10 Your rights to cancel and applicable refund
10.1 Once orders have been confirmed and payment has been received by Us, the order can no longer be cancelled and no refund will be given.
11 Our rights to cancel and applicable refund
11.1 If We have to cancel an Order for Products or part of it (including customised Products) before the Products are delivered where We have already started work on your Order for Products by the time We have to cancel under this clause We will not charge you anything and you will not have to make any payment to Us.
11.2 If payment has already been received, We will make any refund to you in the manner in which payment was made by you to Us.
12 Our liability to you as a consumer
12.4 To the maximum extent permitted by law, We disclaim any and all express, implied or statutory warranties, guarantees, representations or other terms and conditions relating to these Terms or their subject matter not expressly set out in these Terms, including without limitation the warranties or guarantees of merchantability, acceptable quality, title, non-infringement of third parties rights, and fitness for particular purpose and any other terms implied by sections 13 to 15 of the Sale of Goods Act 1979.
12.5 Subject to any obligations under the non-excludable provisions and to the fullest extent permitted by law, in no event shall We and any of Our parents, subsidiaries, affiliates, related companies, suppliers, advertisers, sponsors, third party service providers, and/or Our employees, officers, directors, and agents be liable for any incidental, consequential, punitive, indirect or special damages (or lost profits and damages) whether based on warranty, contract, tort (including without limitation negligence), or any other legal theory, and whether or not We are advised of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the limitations set forth in this paragraph may not apply to you. If the foregoing limitations are held inapplicable or unenforceable for any reason, then, subject to any obligations under the non-excludable provisions and to the fullest extent permitted by law, Our maximum liability to you for any type of damages shall be limited to the actual amount paid by you for the relevant
13 Events outside our control
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control (as defined in clause 13.2).
13.2 An “Event Outside Our Control” means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
13.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
13.3.1 We will contact you as soon as reasonably possible to notify you; and
13.3.2 Our obligations under these Terms 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 Products to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.
14 Your obligation to us
14.1 You will not resell any of our products on Third party websites such as Amazon, Etsy or Ebay.
14.2 Our products are named and explicitly shown as Evannave Illustration item(s) on any platform including website, physical shop or social media eg, Evannave Illustration Keyring.
14.3 Our products are attached and are acknowledged on social media using correct methods eg hashtags or ‘@‘ to Our brand, Evannave Illustration, ie @evannaveillustratin #evannaveillustration
14.4 Our products will not be portrayed as white labelled goods or the wholesalers, retailers, businesses or individuals own product without any recognition of Our brand name Evannave Illustration.
15 Information about us and how to contact us
15.1 If you have any questions or if you have any complaints, please contact Us by e-mailing Us at firstname.lastname@example.org.
15.2 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing, you can send this to Us by e-mail at email@example.com. We will confirm receipt of any such notice by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail to the address you provide to Us in the Order process. When We use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise.
16 How we may use your personal information
16.1 We will use the personal information you provide to Us to:
16.1.1 provide the Products;
16.1.2 process your payment for such Products; and
16.1.3 inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us in writing.
16.2 We will not give your personal data to any other third party.
17 INTELLECTUAL PROPERTY RIGHTS
17.1 The Site design and all intellectual property rights in the Site, including all text, graphics, information, content, and other material displayed on or that can be downloaded from the Site are either the property of, or used with permission by, Us and are protected by copyright, trademark and other laws and may not be used, reproduced, published, transmitted, distributed, displayed, performed, exhibited, modified, used to create derivative works, sold, re-sold or used in any sale, or exploited for in any way, in whole or in part, except as provided for in these Terms and unless you obtain the prior written consent of the owner of such material. All such rights are reserved.
17.2 Our status (and that of any identified contributors) as the author s of material on the Site must always be acknowledged.
17.3 The copyright in any translation of any materials on the Site shall be are owned by Us, however loose and including a gist or précis, shall remain Our property.
17.4 You may not modify the information or materials located on the Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text without Our express permission. Any unauthorised use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. Therefore when using Our products images, name Our brand (Evannave Illustration)
17.5 Certain trademarks, trade names, service marks and logos used or displayed on the Site are Our registered and unregistered trademarks, trade names and service marks. Other trademarks, trade names and service marks used or displayed on the Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on the Site grants or should be construed as granting, by implication, or otherwise, any licence or right to use any trademarks, trade names or logos displayed on the Site without Our written consent or the written consent of such third party owner.
17.6 If you print off, copy , translate or download any part of the Site or the materials displayed on it in breach of these Terms, your right to use the Site will immediately cease and you must, at Our option, return or destroy any copies of the materials that you have made.
18 Other important terms
18.1 We may transfer, assign, charge, subcontract or deal in any other manner with all or any of Our rights and obligations under these Terms to another organisation but this will not affect your rights or Our obligations under these Terms. You may only transfer, assign, charge, subcontract or deal in any other manner with all or any of your rights or your obligations under these Terms to another person if We agree in writing.
18.2 This contract is between you and Us. No other person shall have any rights to enforce any of its terms whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
18.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, invalid or unenforceable that provision or part-provision shall, to the extent required, be deemed or deleted, and the remaining paragraphs will remain in full force and effect.
18.4 If any unlawful, invalid or unenforceable provision of these Terms would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
18.5 A waiver of any right or remedy under these Terms is only effective if given in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
18.6 Except as set out in these Terms, any variation to these Terms shall only be valid and binding when agreed and confirmed in writing by Us.
18.7 These Terms are governed by Scottish and English law and any contract for the purchase of Products between Us and any dispute or claim arising out of or in connection with it or its subject matter or formation (including any non-contractual disputes or claims) will be governed by Scottish and English law.
18.8 You and We both agree to submit to the exclusive jurisdiction of the Scottish courts however, We reserve the right to bring proceedings against customers in the countries of their residence.