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Terms and Conditions

 

TERMS AND CONDITIONS FOR USE.

These Terms and Conditions apply to the use of this website which resides at www.evolutioncustomcycles.com & www.evolutioncustomcycles.co.uk. By accessing this website and/or placing an order you agree to be bound by these Terms and Conditions.

Using this website indicates that you accept these terms regardless of whether or not you choose to register with us or order from is. If you do not accept these terms, do not continue to use this website.

The above named website is operated by:

Gavin Duffy, trading as Evolution Custom Cycles Ltd, whose registered office is at
2/2 16 Durward Court, Glasgow, Scotland, United Kingdom, G41 3RZ.

Our contact details are as follows:

2/2
16 Durward Court
Glasgow
Scotland
United Kingdom
G41 3RZ
sales@evolutioncustomcycles.com

1. INTRODUCTION

1.1 You will be able to access most areas of this website without registering your details with us. Certain areas of this website are only open to you if you register.

1.2 We may revise these terms and conditions at any time by updating this posting. You should check this website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this website.

2. ORDERING FROM US

2.1 You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgment, detailing the products you have ordered.

2.2 Our acceptance of an order takes place when we despatch the order. We will send you a despatch confirmation by email. On the day that we despatch the order the purchase contract will be made and you will be charged, unless we have notified you that we do not accept your order or you have cancelled your order.

2.3 We may refuse to accept an order:

  • where goods are not available.
  • where we cannot obtain authorisation for your payment.
  • if there has been a pricing or product description error, or
  • if you do not meet any eligibility criteria set out in our terms and conditions.

3. PRICING

3.1 All prices shown on this website include VAT (where applicable) at the current rates. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price.
3.2 Where we charge separately for packing, carriage, insurance and other relevant charges, the appropriate rates are displayed in the checkout section of the website which can be clearly seen prior to completing your order. A final order total, including said charges is also shown.

3.3 Our prices are reviewed periodically and any pricing changes will be amended on the website as and when necessary.

4. CANCELLATION AND RETURNS POLICY

4.1 If you wish to cancel your order:

  • you can notify us by email to sales@evolutioncustomcycles.com or by telephone before we have dispatched the goods to you, or
  • where goods have already been dispatched to you, by returning goods to us in accordance with clause 4.2 below.

4.2 You can return goods you have ordered from us for any reason at any time within a 30 day ‘cooling off period’ of receipt for a full refund or exchange, unless expressly set out in clause 4.4. The costs of returning goods to us, and/or costs incurred for sending exchange items, shall be borne by you.

4.3 Upon receipt of the returned goods we will give you a refund of the full value of the goods, excluding any carriage, packing or insurance charges. Alternatively we can give you an exchange credit as required to the full value of the goods, excluding any carriage, packing or insurance charges.

4.4 The rights to return the goods to us as referred to in clause 4.3 will not apply in the following circumstances: –

  • in the event that the product has been used (other than to test the assembly / suitability of fitment), unless found to be faulty from manufacture.
  • in the event that the product is not being returned in its original received condition, inclusive of all packaging, fittings and instructions as applicable.
  • to any consumables liquids.
  • to any manual.
  • to any tools.
  • to any products that we have made or customised, or arranged to be made or customised specifically for you.
  • to any products that you have customised, or arranged to be customised.

The provisions of this clause 4.4 do not affect your statutory rights.

4.5 We do not impose any ‘re-stocking charge’ for returned goods, although we do kindly request that you take reasonable care of the goods and packaging prior to any return as set out in clause 4.4

4.6 If your order was despatched with free shipping, and the retained goods value is below our free shipping threshold, a refund will be made to the value of the returned goods less the shipping charge that would have been incurred.

5. LICENCE

5.1 You are permitted to print and download extracts from this website for your own use on the following basis:

  • no documents or related graphics on this website are modified in any way.
  • no graphics on this website are used separately from accompanying text, and
  • any of our copyright and trade mark notices and this permission notice appear in all copies.

5.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this website (including without limitation photographs and graphical images) are owned by us or our licensor. For the purposes of these terms and conditions, any use of extracts from this website other than in accordance with clause 5.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this website automatically terminates and you must immediately destroy any downloaded or printed extracts from this website.

5.3 Subject to clause 5.1, no part of this website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

5.4 Any rights not expressly granted in these terms are reserved.

6. SERVICE ACCESS

6.1 While we endeavor to ensure that this website is normally available 24 hours a day, we will not be liable if for any reason this website is unavailable at any time or for any period.

6.2 Access to this website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

7. VISITOR MATERIAL AND CONDUCT

7.1 Other than personally identifiable information, which is covered under the Privacy Policy any material you transmit or post to this website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

7.2 You are prohibited from posting or transmitting to or from this website any material:

  • that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience.
  • for which you have not obtained all necessary licenses and/or approvals.
  • which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world, or
  • which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

7.3 You may not misuse the website (including, without limitation, by hacking).

7.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 7.2 or 7.3.

8. LINKS TO AND FROM OTHER WEBSITES

8.1 Links to third party websites on this website are provided solely for your convenience. If you use these links, you leave this website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk.

8.2 You may not create links to this website unless permission has been specifically granted to do so.

8.3 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 8.2.

9. REGISTRATION

9.1 To register with this website, you must be over eighteen years of age.

9.2 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.

9.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.

9.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.

10. DISCLAIMER

10.1 While we endeavor to ensure that the information on this website is correct, we do not warrant the accuracy and completeness of the material on this website. We may make changes to the material on this website, or to the products and prices described in it, at any time without notice. The material on this website may be out of date, and we make no commitment to update such material.

10.2 The material on this website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this website.

11. LIABILITY

All information and documents provided within this website are provided without warranty of any kind. Evolution Custom Cycles assumes no liability or responsibility for any errors or omissions in the content of our website. Your use of this website is at your own risk.

In no event will Evolution Custom Cycles be liable to any party for any direct, indirect, special or consequential losses or damages arising from the use of this website or any information contained therein or from accessing any other linked websites, including, without limitation, loss of profit, business interruptions, loss of programs or other data on your information handling systems.

It is up to you to take such precautions as may be necessary to ensure that whatever you select for your use is free of things such as viruses and other items of destructive nature.

11.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this website in any way or in connection with the use, inability to use or the results of use of this website, any websites linked to this website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this website or your downloading of any material from this website or any websites linked to this website.

11.2 We, any other party, and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, third party labour costs, replacement parts costs, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages) arising from or connected in any way to the use of the parts and services that are purchased from us.

11.3 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.

11.4 If your use of material on this website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

11.5 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this website, or the use by any other person using your registration details.

12. GOVERNING LAW AND JURISDICTION

12.1 These terms and conditions shall be governed by and construed in accordance with Scottish law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Scottish courts.

12.2 We do not warrant that materials/items for sale on the website are appropriate or available for use outside the United Kingdom. It is prohibited to access the website from territories where its contents are illegal or unlawful. If you access this website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.

13. MISCELLANEOUS

13.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions

13.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.

13.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.

14. PHOTOGRAPHS

14.1 We have included pictures to illustrate items on the website, as a visual representation of the items being offered for sale. However, these pictures should be intended as a guide only as specifications can change over time.

Please also note the following;

  • Colour reproduction is not guaranteed to be correct.
  • Some pictures may use additional parts other than the item described, as a prop for the photograph. Such items are not included unless stated.

15. THIRD PARTY LINKS

This website may contain links to third-party websites. The linked websites are not under the control of Evolution Custom Cycles, and Evolution Custom Cycles is not responsible for the contents of any linked site or any link contained in a linked website.

Evolution Custom Cycles is providing these links only as a convenience, and the inclusion of a link does not imply endorsement of the linked Website by Evolution Custom Cycles.

16. AFFILIATION

We are not an authorised Harley-Davidson or Buell motorcycle dealer. In no way do we have or intend to imply any kind of business or commercial relationship with the Harley-Davidson Motor Company.

Our intention is to provide products and services that can be used on a Harley-Davidson motorcycle.

Harley and Harley-Davidson are among the trademarks of Harley-Davidson and are as a reference only. Harley-Davidson part numbers are used as reference only.

17. PART INSTALLATION & FITMENT POLICY

It is recommended that all parts Evolution Custom Cycles sells are installed by a qualified motorcycle mechanic.

It is important that you order the right part for the job you are undertaking. If there is damage to a part, motorcycle and/or injury to a person or persons installing such, we will accept no responsibility. Since neither we nor the manufacturer have any control over how a part we sell is used, it will be up to the purchaser to make sure that the correct part is chosen for the job and correct installation is applied.

Refer to the manufacturers’ service manuals and parts books as often as needed.

Some of the parts Evolution Custom Cycles sells may not be street legal in your country. Please check your local laws to be sure the parts you put on your motorcycle are street legal.