Terms of Sale

Interpretation

These Conditions represent the entire agreement between Buyer and Company.
The definitions and laws of interpretation in this condition apply in the following conditions:

Buyer: The person, or firm who purchases the Goods and/or Services from the Company.

Company: Evita Slimsonic

Contract: Any contract between the Company and the Buyer for the sale and purchase of the Goods and/or Services, incorporating these conditions.

Delivery Point: The place where delivery of the Goods is to take place.

Goods: Any goods agreed in the Contract to be supplied to the Buyer by the Company (including any part or parts of them).

Website: The Company’s website currently is http://evitaslimsonic.com
Condition headings do not affect the interpretation of these conditions.

Application of terms

Subject to any variation under condition the Contract shall be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer tries to apply under any confirmation of order, specification or other document).
These conditions apply to all the Company’s sales and any variation to these conditions and any representations about the Goods and/or Services shall have no effect unless expressly agreed in writing and signed by a senior manager of the Company.
Each order or acceptance of a quotation for Goods and/or Services by the Buyer from the Company shall be deemed to be an offer by the Buyer to buy Goods and/or Services subject to these conditions.
No order placed by the Buyer shall be deemed to be accepted by the Company until a written acknowledgement of order is issued by the Company or (if earlier) the Company delivers the Goods and/or Services to the Buyer.
Any quotation is given on the basis that no Contract shall come into existence until the Company despatches an acknowledgement of order to the Buyer. Any quotation is valid for a period of [30] days only from its date, provided that the Company has not previously withdrawn it.
It is for the Buyer to ensure that the terms of its order and any applicable specification are complete and accurate.

Description

The Company will take reasonable care to ensure details, descriptions and prices are correct at the time they are entered onto the system but you should be aware that the quantity and description of the Goods and/or Services shall be as set out in the Company’s quotation or acknowledgement of order.
All drawings, descriptive matter, specifications and advertising issued by the Company on the Website and any descriptions or illustrations contained in the Company’s catalogues or brochures are issued or published with the intention of giving an approximate idea of the Goods and/or Services described in them. It is for the Buyer to satisfy themselves that the Goods and/or Services are what they require.

Delivery

The Company will do all it reasonably can to meet the dates given for delivery. In the case of unforeseen circumstances, beyond the reasonable control of the Company, the Company will contact the Buyer and give an alternative date. However all dates specified by the Company for delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are specified, delivery shall be within a reasonable time.
The Company may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions of the Contract.
Each instalment shall be a separate Contract and no cancellation or termination of any one Contract relating to an instalment shall entitle the Buyer to repudiate or cancel any other Contract or instalment.

Risk/title

The Goods are at the risk of the Buyer from the time of delivery dispatch.
Ownership of the Goods shall not pass to the Buyer until the Company has received in full (in cash or cleared funds) all sums due to it in respect of:

the Goods; and
all other sums which are or which become due to the Company from the Buyer on any account.

Until ownership of the Goods has passed to the Buyer, the Buyer shall:

hold the Goods on a fiduciary basis as the Company’s bailee, storing the Goods (at no cost to the Company) separately from all other goods of the Buyer or any third party in such a way that they remain readily identifiable as the Company’s property;
not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods; and
maintain the Goods in satisfactory condition and keep them insured on the Company’s behalf for their full price against all risks to the reasonable satisfaction of the Company.

Price

Unless otherwise agreed by the Company in writing, the price for the Goods and/or Services shall be the price set out in the Company’s price list published on the Website on the date the order is placed.
The prices are exclusive of any value added tax and all costs or charges in relation to packaging, loading, unloading, carriage and insurance, all of which amounts the Buyer shall pay in addition when it is due to pay for the Goods and/or Services.

Payment

Subject to condition 7.c, payment of the price for the Goods and/or Services is due in US Dollars.
Time for payment shall be of the essence and no payment shall be deemed to have been received until the Company has received cleared funds.
All payments payable to the Company under the Contract shall become due immediately on its termination despite any other provision.
Subject to condition 10 the Buyer shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by the Company to the Buyer.

Quality

Where the Company is not the manufacturer of the Goods, the Company shall endeavour to transfer to the Buyer the benefit of any warranty or guarantee given to the Company.
The Company warrants that (subject to the other provisions of these conditions) upon delivery, [and for a period of [6] months from the date of delivery], the Goods shall:

be of satisfactory quality within
be reasonably fit for purpose.

The Company shall not be liable for a breach of the warranty OR any of the warranties in condition 8.b unless:

the Buyer gives written notice of the defect to the Company, and, if the defect is as a result of damage in transit to the carrier, within 7 days of the time when the Buyer discovers or ought to have discovered the defect; and
the Company is given a reasonable opportunity after receiving the notice of examining such Goods and the Buyer (if asked to do so by the Company) returns such Goods to the Company’s place of business at the Buyer’s cost for the examination to take place there.

The Company shall not be liable for a breach of warranty in condition 8.b if:

the Buyer makes any further use of such Goods after giving such notice; or
the defect arises because the Buyer failed to follow the Company’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice; or
the Buyer alters or repairs such Goods without the written consent of the Company.

Subject to condition 8.c and condition 8.d, if any of the Goods do not conform with the warranty in condition 8.b the Company shall at its option repair or replace such Goods (or the defective part). The Buyer shall, at the Buyer’s expense, return the Goods or the part of such Goods which is defective to the Company.

Return Policy

The Company does not accept returns of products if the products or the accessories are not in their original merchantable condition, or if the products or the accessories are returned more than 30 days after the date of purchase. Evita Slimsonic offers a 1-year warranty on manufacturer defects on the device. For all warranty issues please contact The Company’s Customer Care representatives for further instructions.

Before returning a product, customer must first contact The Company’s Customer Care representatives and obtain a Returns Ticket Number (RTN) before the end of the applicable return period. The Company will not accept returns without a RTN. Any product returned without prior authorization from The Company will be considered an unauthorized return, and the customer will not receive credit for the product and The Company will not ship the product back to the customer.

Returned Goods must arrive at The Company’s Warehouse within ten (10) days of RTN issuance;
Proof of Purchase must accompany Goods;
Administrative and handling fee applies to all refunds;
All custom fees and taxes are charged to Buyer;
Gels are strictly non-refundable;
Shipping charges were paid to courier company and therefore cannot be refunded.

Return the products in their original packaging, in as-new condition, along with any media, documentation, and any other items that were included in the original shipment. Returned Goods will be examined for performance and physical defects, and defective Goods are non-refundable.

Ship the products at customer’s expense, and insure the shipment or accept the risk of loss or damage during shipment.

Upon receipt of the return, The Company will issue a credit or a refund of the purchase price paid, less shipping and handling and any applicable restocking fees subject to this policy.

For partial returns, amount refunded may be less than the invoice or individual component price due to bundled or promotional pricing or any unadvertised discounts or concessions.

Limitation of liability

Subject to condition 4, the following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of:

any breach of these conditions;
any use made or resale by the Buyer of any of the Goods, or of any product incorporating any of the Goods; and
any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.

All warranties, conditions and other terms implied by statute or common law (save for the conditions at 8.b are, to the fullest extent permitted by law, excluded from the Contract.
Nothing in these conditions excludes or limits the liability of the Company:

for death or personal injury caused by the Company’s negligence; or
for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability; or
for fraud or fraudulent misrepresentation.

Subject to condition 10.b and condition 10.c:

the Company’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price; and
the Company shall only be liable for losses which were reasonably foreseeable by both parties as a consequence of the relevant breach of contract.

To the extent permitted by law, if Company is or becomes liable to Buyer in any manner whatsoever for breach of warranty or in relation to the supply of any defective Goods, then Company’s liability is limited solely to the price paid by You for such Goods, or the cost of their repair or re-supply, whichever Company elects.
Buyer acknowledges that Buyer have undertaken their own inspections and made their own independent enquiries in reaching their decision to purchase the Goods.
Buyer acknowledges that no warranties and/or representations have been made in relation to the capacity, use, performance, adequacy or suitability of the Goods, other than any representations made in writing by the manufacturer and that Buyer has relied upon their own enquiries in making the decision to purchase the Goods.
Buyer acknowledges that Company has made no warranties that the product(s) are without any risk.
Buyer will indemnify and hold the Company harmless from and against any and all claims which may be made by Buyer against Company, which arise directly or indirectly from your acts, omissions or negligence in utilising the product(s) in any manner.

Assignment

The Company may assign the Contract or any part of it to any person, firm or company.
The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Company.

Force majeure

The Company reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods and/or Services ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes, or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.

General

Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not.
If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
Failure or delay by the Company in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.
Any waiver by the Company of any breach of, or any default under, any provision of the Contract by the Buyer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) by any person that is not a party to it.
The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by Canadian law and the parties submit to the exclusive jurisdiction of the Canadian courts.

Termination

Your failure to follow the requirements of this Agreement may result in suspension or termination of your access to the Services, without notice, in addition to the Company’s other remedies. The Company further reserves the right to terminate, without notice, any user’s access to or use of the Website for any reason.

The Company reserves the right without notice, at any time and for any reason, to terminate the Website or any portion thereof or any products or Services offered.

Miscellaneous

The Company reserves the right, at any time and without prior notice, to modify, alter or update this agreement. Continued access to the site and use of the Services by you will constitute your acceptance of any changes or revisions to the Agreement. The Company also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Website. Your continued use of the Website constitutes your agreement to comply with these additional rules.

These Terms and Conditions are governed by, and must be construed in accordance with, the laws of the Province of British Columbia and the parties irrevocably submit to the exclusive jurisdiction of the courts of the Province of British Columbia;
Waiver of a breach of, or default under, these Terms and Conditions:

is not waived by any failure to exercise or delay in exercising or partial exercise of any right, power, authority, discretion or remedy under these terms and conditions; and must be in writing and signed by the party granting the waiver.
Each party must do all things and execute all further agreements necessary to give full effect to these terms and conditions.

Disclaimer

The Company acquires these goods from manufacturers around the world as fully boxed, brand new, never used, not remanufactured products. The product(s) is not evaluated by The Company for mechanics or safety in any way whatsoever. The Buyer, by ordering goods fully accept the terms and assume full and total responsibility for any and all aspects regarding: health, property damage, pain, eye damage from misuse, liability, burning from misuse, failing to keep product away from children, or death or otherwise agree to order or use this product. The Company has priced inventory in accordance with its unsupervised inherent risks of operation along with being unevaluated by The Company; moreover, all possible caveats whether listed here or implied are passed on to Buyer. By ordering Buyer agrees fully with this hold harmless disclaimer or do not order or use this product. All of the information that explains this product is located throughout our Web site located at http://evitaslimsonic.com and is from the Manufacturer only, not http://evitaslimsonic.com; it’s this information alone that you should evaluate and review when deciding whether to purchase this product or not. As such, we The Company make no claims as to the accuracy of any: marketing, explanations, descriptions, successes, testimonials, before and after photographs or proper process and use, or any other interpretation Buyer may make from any of the words from the Manufacturer. It is Buyer responsibility to familiarize with the proper use of the product(s) and the inherent risks of each treatment. It is up to Buyer to read and review all of the Manufacturer’s instruction booklet that comes in the box. The Company recommends that Buyer consults a specialist before usage. By ordering this item, you agree that you have read and fully agree with all the above Disclaimer, without exception.