Terms & Conditions
Terms & Conditions
EVISU Inc. is a company registered In United States, which has licensed the exclusive use of that name. By visiting the Site, you are accepting and consenting to the practices described in the TOS. We may modify the TOS from time to time and your continued use of this Site (or any of our other Sites) following such change shall signify your agreement to be bound by the modified TOS.
Those persons wishing to use our services must read and agree to be bound by our policies relating to those services.
Please read the TOS and check back often. If you do not agree to any change to the TOS, then you must immediately stop using the Site.
Some of the services or features of our site are only available to members. To access these you will need to register with us. When registering we demand that you only provide true, complete and accurate in all respects. If any of the aforementioned information changes, you must let us know immediately at the following e-mail address email@example.com. We may also change registration requirements from time to time.
The account password you provide should be unique and kept secure, and you must notify us immediately of any breach of security or unauthorised use of your account. EVISU Inc. will not be held liable for any unauthorised use of your account or the losses caused by such; you may, however, be liable for our losses or others due to such unauthorised use.
ELIGIBILITY TO PURCHASE
The purchase of merchandise through EVISU Inc. is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of New York state.
If you wish to make purchases on the Site you will have to provide certain details to proceed. In particular, you must provide true and current details of your name, telephone number, e-mail address and anything else we may require from you. Additionally, you will be required to provide payment details and these must be both valid and correct and you warrant are the person referred to in the Billing information provided, indemnifying EVISU Inc. against any losses caused by inaccuracies in this information.
Your permitted use of this Site is subject to EVISU Inc. terms of eligibility, your holding of an account with a bank acceptable to EVISU Inc., whose applications are acceptable to EVISU Inc. and who will authorise EVISU Inc. to process a charge or charges on their account in the amount of the total monies owed to us from your purchase. EVISU Inc. reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
By offering to purchase merchandise you give us your express permission to perform credit checks and where felt necessary or reasonable, to disclose or acquire information (including any updated information) about you to or from third parties, which may include (but will not be limited to) your credit/debit card number or any relevant credit reports. Please note this will include credit reports for your spouse if you reside in a community property jurisdiction. We would do this only to verify your identity, to confirm your credit/debit card, to obtain a credit/debit card authorisation and to authorise individual transactions which you submit.
We may use Personal Information to allow the undertaking of anti fraud checks. Any information provided by you to us may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
All orders are subject to the items being “In Stock”, items are not guaranteed until they have been dispatched. In particular, items in your basket, which are available to other customers until the purchase order has been made.
We will attempt to notify you of all items you have registered an interest in within 48 hours when available. We cannot guarantee that high demand items will not sell out during this period.
EVISU Inc. will store a record of your transactions for a minimum of one year.
Prices shown on the Site are in US Dollars, All prices are exclusive of taxes. If you are shipping within the USA, sales tax will only be charged on orders shipped to New York State and New Jersey State. No other tax or import duty will be applied to orders shipped within the USA.
All advertised price tags and special offers remain valid as advertised from time to time. The relevant prices displayed on the website at the time the order is accepted will be granted, except in cases of obvious error, to be determined at our sole discretion.
Each season prices are set at the start and we use the exchange rates set at the time. We reserve the right to change these prices either way if the applicable exchange rate changes before your order is processed or the items are subject to sale pricing, reductions or similar.
Customers being shipped to a DDP country may have to pay import duty and tax. This is encompassed in the final purchase price. If you are living in a DDU country, you will have to pay the relevant import duties and taxes depending on the rules of your country. Please contact your local customs authority for a full price determination before completing your order.
If your credit/debit card is not denominated in US Dollars, the total cost will be calculated by using the relevant exchange rate on the day your bank or credit card company processes the purchase.
ACCEPTANCE OF YOUR ORDER
Once you have found what you are looking for and have made a purchase, you will be sent an email outlining your order details, however, this email is NOT an acceptance of your order.
Your order will be accepted by Evisu once the available order has been packaged. The contract between Evisu and yourself will be fulfilled upon sending your items for dispatch , upon which you will be sent a second email enclosing your unique tracking number, and confirming that your order has been dispatched. The sale contract is therefore concluded in the State of New York, USA, and the language of the contract is English.
We reserve the absolute right not to accept your order in certain situations at our sole discretion. If we are not able to obtain payment, you have ordered items restricted or banned from your country, you have ordered an out of stock item or our standards dictate we withdraw the item, then we may not accept your order. If you do not meet the eligibility criteria included in the TOS, then your order may not be accepted.
We reserve the absolute right to refuse to accept a transaction or refuse service to anyone at any time for any reasonable reason at our absolute sole discretion. We cannot be held liable for any losses incurred by anyone if we withdraw any item from sale in any circumstance, no matter if that merchandise has been sold or an offer has been made. We also cannot be held liable for any losses incurred by us editing any materials or content on the Site, refusing to process a transaction or halting or suspending any purchase after processing has begun.
We accept many payment methods at Evisu, you can use Visa, MasterCard, American Express and will advertise any additional methods of payment if and when we decide to accept them. Payment will be taken from your account when your order is shipped by us. By placing an order you confirm to us that the credit/debit card that is being used is yours or that you have express permission from the owner of said card. All credit/debit card holders are subject to independent checks and approval processes by the card issuer. If your bank or card issuer denies payment to us, we will not be liable for any delay or cancellation.
We take reasonable care to make our Site secure for our customers. All card purchases online with us are secured with a secure online payment gateway that encrypts your card details in a secure host environment. Evisu’s registered users, have the option to keep their details held securely on our systems. We will fully encrypt these and only use them for transactions you request.
To keep you secure and safe online whilst shopping with us, Evisu used Secure Socket Layer (SSL) technology. We take reasonable care to keep you and your details secure, but we cannot be held liable for any losses suffered by you or anyone else if a third party gains unauthorised access to any data you provide, unless this is caused by our negligence.
Our gift cards are subject to the following rules
- Gift Cards are valid for 12 months from date of purchase.
- Gift Cards can be used to cover the price of our products at www.evisu.com
- Gift Cards are non transferable and have no cash value.
- If there is a surplus once you have redeemed the Gift Card against your order, the funds left on the card will be deposited to your account to be used on your orders. Your balance is available any time via your ‘My Account’ page.
- If you place an order with a higher value than that on your Gift Card any store credit you already have will be used to pay the remainder. If there is still a surplus to pay, this must be paid with a credit or debit card.
- Any products returned which were purchased with an Evisu Gift Card will be returned to your account as store credit.
- Gift Cards will be e-mailed to the recipient once the order has been processed, accepted and fully paid. A copy will also be sent to the sender as confirmation of delivery.
- It is your sole responsibility to ensure any email address entered is correct, we cannot be liable for Gift Cards delivered due to your error.
- Once delivered, we cannot be liable if a Gift Card is stolen, lost or otherwise misused.
- EVISU Inc. reserves the right to cancel a Gift Card if we deem such action necessary.
- Gift Cards cannot be purchased using any offer, sale, discount or promotion, with the exception of shipping.
- Sales tax and shipping is applicable on any products purchased with a Gift Card as if they were purchased with a credit card.
- Shipping is applicable on Boxed Gift Cards.
INSURANCE AND DELIVERY
We keep insured your purchase from dispatch until it is delivered to your address. If a signature is required upon delivery, this signature is acceptance of the goods and our liability will pass.
Our aim is to dispatch regular orders within 2-5 days of being placed. Estimated delivery times are to be used as a guide only and should start from the date of dispatch. Evisu cannot be held accountable for any delays caused by customs processes.
RETURNS AND EXCHANGES
All you need to do, should you receive an item that is not in perfect condition is request your Returns Merchandise Authorisation (RMA) number and send your items back to us within 14 days of receiving your order, by contacting us at firstname.lastname@example.org within 24 hours with your order number.
Once we receive your notice of your wish to cancel, we will email you a Returns Merchandise Authorisation (RMA) number. Please write this on the returns invoice that you received with your order, and include it with your return so we can process your refund as quickly as possible.
It is advisable that you insure the returned items as the onus is on you to take reasonable care of the goods and you will be liable if they are damaged before they arrive at our warehouse. We also recommend that you use a secure, trackable means to return your order to us at EVISU Inc. and that you retain proof of sending, in case of a dispute.
All items must be returned unused, in their original condition and from the country that the order was delivered to.
Please refer to our Returns & Exchanges policy for further information.
Any replacement of a faulty item we will send with free shipping, shipping for non-faulty exchanges will be charged.
RETURNING YOUR PURCHASE
Making a return for a refund, store credit, or exchange is easy using either our Domestic Returns or International Returns service. All returns must be made within 7 days of receiving an RMA. Please refer to our Returns & Exchanges policy for further information.
Please note you can only exchange items for a different size, based on stock availability. If you wish to exchange your item for an alternative product, we suggest that you return it for a store credit and purchase the new item separately. Shipping for non-faulty exchanges will be charged.
Items should be returned unused and with no tags or labels tampered with or removed. If you damage or soil the product we reserve the right to not accept the return, and may return the product to you at your cost.
Items which come with additional items or packaging, such as (but not limited to) authenticity cards, dust bags and leather tags should have these included with your return.
Please email email@example.com if any of your purchases have been delivered without Evisu tags.
Please ensure you include your RMA, as outlined above, with your return to enable us to process efficiently. Returns we cannot identify may be returned to sender.
Goods are faulty if they are received damaged or where a manufacturing fault occurs within 14 days of purchase. We do not accept items as faulty if they have been damaged on purpose or as a result of general usage.
Where possible we are happy to provide you with a replacement rather than a refund, however we can only do this for the same product in the same size, subject to availability. If possible, we can offer to repair your faulty product, but if the item is not repairable or replaceable, you will receive a full refund.
Colours displayed on this site have had every effort made to look as accurate as possible, we cannot guarantee there will not be discrepancies, depending on your computer monitor.
INTELLECTUAL PROPERTY RIGHTS
Your use of the Sites and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below). This includes any software or code used in the display or maintenance of the site. Anything displayed or on this Site is protected by national intellectual property and other laws and international treaty provisions unless expressly stated. You are permitted to use the Content only as expressly authorised by EVISU Inc. or any authorised third party. Unlicensed use of the Content is prohibited and we may take action against any such usage. We expressly prohibit copying any content publication, reproduction or distribution in any way.
Any photographs, pictures, design, music and sound, text and image rights are deemed Content and subject to our IPR. Evisu always uses reasonable endeavors to keep information current accurate but cannot guarantee against error or out of date information. EVISU Inc. cannot ensure the site will function at all times and will never be free from malicious attack out of our control. Please ensure you are fully virus and malware protected when using the Site.
Any opinion or affiliation of our designers, content editors, labels or staff does not reflect the views of EVISU Inc. and we accept no responsibility for any such views.
NO COMMERCIAL USE
This Site is for your personal non-commercial use only. All Content is restricted from being modified, published, sold, shared, copied or distributed. In addition, you may not make any attempt to use this Site or its Content for your own gain for whatever purpose, and to do so may result in action being taken against you.
You use this Site at your sole risk. You are responsible for your use of this Site and are liable for any activity you undertake. We reserve the right to deny you access to this Site or any related part of said Site without notice. We hold sole discretion, to deny you access to this Site on a temporary or permanent basis and any decision to do so is final.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Site.
You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to any submissions made by them.
We cannot be liable for any content made available on any website linked or referred to on our Site. Whilst we endeavor to keep you safe, we cannot check each individual link from our advertisers or affiliates. Neither can we be held liable for the availability of external websites. We do not endorse and are not liable for the policies of the aforementioned websites, including (without limitation) any advertising, products or other materials or services on or available, any content or problems arising from that website, and cannot be liable for damage, loss or offence caused in any way by external websites or their content or practices.
While EVISU Inc. will use reasonable endeavors to verify the accuracy of any information we display, we cannot guarantee its accuracy. This Site is provided on an "as is" basis without any endorsement or liability accepted neither expressly or implied. Neither do we warrant or endorse transaction that may be conducted on or through this Site including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade/
We cannot warrant that the site will at all times remain free from viruses, bugs, malware, adware or other maliciously implemented objects out of our control, and we can not guarantee full functionality on an individual computer or server. We will not be responsible or liable to you for any loss of Content or material uploaded or transmitted through this Site.
We do not give any warranty and deny all liability where available, whether express or implied, in relation to the products available through this Site including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. Nothing in these TOS shall limit your rights as a consumer under the laws of the United States.
You acknowledge that we cannot guarantee and therefore shall not be in any way liable for the security of this Site and any information you find or download from our Site.
With the exception of death and personal injury arising from our negligence, we will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this contract, for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under the TOS.
At our request, you agree fully to defend, indemnify and hold harmless EVISU Inc. immediately on demand. You must agree to defend, indemnify and hold harmless all officers, directors, affiliates, licensors, suppliers and any other third party we deem related, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you or any other liabilities arising out of your use of this Site. This extends to unauthorised use of your account by others. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you as provided for under the terms of this document. This defense and indemnification obligation will survive these TOS and your use of the Site and the Services.
DIGITAL MILLENNIUM COPYRIGHT ACT
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing:
- A physical or electronic signature of the authorised person acting on behalf of the alleged owner of the alleged infringed right;
- Documentation relating to the works you claim have been infringed, or, for multiple works under a single notification, a list of such works at that site;
- Proof of the infringing material or identification of said material to be the subject of infringing activity and that is to be removed, or, access to which is to be disabled.
- Information reasonably sufficient to permit the service provider to locate the material;
- Valid and reasonable contact information such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
- A statement that the material in the notification is true, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is purportedly infringed.
GENERAL LEGAL TERMS
- Complete Terms: The TOS constitute the whole legal agreement between you and EVISU Inc. and govern your use of the Services and completely replace any prior agreements between you and EVISU Inc. in relation to the Services. EVISU Inc. reserves the right to make changes to the TOS from time to time. We will make a new copy of the TOS available at www.evisu.com. EVISU Inc. accepts no liability to provide you with notices regarding changes to the TOS. It is your responsibility to check the TOS regularly for changes.
- Modifications to the Services: EVISU Inc. will often change our services in the pursuit of providing the best service. The style, form and composition of the Services which EVISU Inc. provides may change from time to time without prior notice to you. In some instances, EVISU Inc. may stop, at any time, providing the Services (whole or in part) to you or to anyone else at EVISU Inc.'s sole discretion, without prior notice.
- Confidentiality: EVISU Inc. allows search engine providers permission to use spiders to access site materials in order to create the correct search indices, but not caches or archives of such materials. EVISU Inc. reserves the right to revoke these exceptions either generally or in specific cases.
- Liability in the Event of Breach: You must comply with all of the provisions of the TOS. You are solely responsible for any breach of your obligations under the TOS and EVISU Inc. accepts no responsibility for the breach or any consequences. You will also be liable for any losses or damage caused to EVISU Inc.
- Rights Not Waived: You agree that if EVISU Inc. does not exercise or enforce any legal right or remedy available to it under these terms or under law that this will not be taken to be a formal waiver of EVISU Inc.'s rights and that those rights or remedies will still be available to EVISU Inc..
- Severability: If any provision of these TOS is deemed invalid, then that provision will be removed from the TOS without affecting the rest of the TOS. The remaining provisions of the TOS will continue to be valid and enforceable.
- Governing Law: The TOS, and your relationship with EVISU Inc. under the TOS, shall be governed by the laws of the State of New York. You and EVISU Inc. agree to submit to the exclusive jurisdiction of the United States, and waive any claim or defense of inconvenient forum or lack of personal jurisdiction in such forum under any applicable law or decision or otherwise.
- Violation of TOS: Please report any violations of the TOS by emailing firstname.lastname@example.org
- Independent Relationship: You and EVISU Inc. are and remain independent parties, and nothing in these TOS, attention drawn but not limited to submission or distribution of any Content you created, will not, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency between the you and EVISU Inc.. Neither party will have the ability to bind the other or incur responsibilities on the other's behalf without the other's prior written consent. Neither party is authorised to act as neither agent nor representative of the other or for or on behalf of the other party in any capacity other than as expressly set out between them.