Terms & Conditions
TERMS AND CONDITIONS OF BUSINESS
1. This website is operated by EV Component Sales Limited. Where these terms and conditions use terms such as "we", "us" and "our" they refer to evcs.shop.
2. We offer this website, including all the information, tools and services available on it, on the condition that you accept these terms and conditions and the associated privacy policy available on our website.
3. By visiting our website and/or purchasing something from us, you are deemed to have accepted these terms and conditions.
4. You can view the most current version of these terms and conditions at any time by visiting this website page. We reserve the right to update, change or replace any part of these terms and conditions, without prior notice to you, by posting updates on this page. It is your responsibility to check this page on each visit to your website, read these terms and conditions and ensure you understand them before making a purchase.
GENERAL CONDITIONS
5. We reserve the right to refuse service to anyone, for any reason, at any time.
6. Any content that you enter onto this website may be transferred unencrypted and involve transmissions over various networks and may involve changes in order to conform and adapt to the technical requirements of connecting networks or devices.
7. You may not reproduce, duplicate, copy, sell, resell or otherwise exploit for commercial gain, or otherwise, any portion of any of the content on the website or any other part of the service that we offer on this website.
8. Headings and titles used on this website are done so for convenience only. They do not constitute any part of the terms and conditions and will not limit or otherwise affect the terms herein.
ONLINE STORE TERMS
9. Our website offers a range of products and or services for sale. Where we refer to an 'item' we are referring to a single product or service available for purchase on this website.
10. We will take all reasonable care to ensure that the details displayed for a particular item offered for sale are correct at the time when the information was entered onto the system.
11. Whilst care is taken to ensure that we display as accurately as possible appearances, colours, textures or finishes, what you will see on your computer monitor or equipment may differ and so we cannot guarantee that images are an accurate representation of the actual goods or services that you are purchasing.
12. We may not be able to accept your order due to one or more of the following reasons, or for a reason not listed below:
i) The item you have ordered is out of stock
ii) We cannot authorise your payment or have reasonable grounds to suspect your payment may be fraudulent
iii) There has been a pricing or product description error
iv) There is a system or procurement failure
v) You have failed our customer validation checks
13. When you place an order you will receive an email confirming the details of your order. This email is not confirmation that your order has been accepted by us.
14. Your order will only be accepted by us once your goods have been dispatched.
MODIFICATIONS TO OUR SERVICE AND PRICING
15. Prices for items are subject to change without notice.
16. We reserve the right to, at any time, modify or discontinue any part of the service that we offer, or any part of content thereof, without any notice to you.
17. We accept no liability to you or to any third-party for any modification, price change, suspension or discontinuation of the service.
DELIVERY
18. During checkout, you may be presented with one or more options for delivery. Where an estimated timescale for delivery is provided, this is an estimate only and your items may be delayed in being received due to circumstances beyond our control (such as a courier delay, or at busy times).
19. Where you select a "next day delivery" option, orders placed on Fridays, Saturdays or Sundays may not be despatched for delivery until the following Monday and so may not be received until Tuesday.
ORDER CANCELLATION
20. If you wish to cancel an order you have placed you must contact us immediately to ascertain whether the items have been dispatched or not. Where they have been dispatched, you will need to return the item to us and you will be responsible for paying the cost of returning the items.
21. Where items have not been dispatched prior to a cancellation request, our refund policy will apply.
22. Where you have ordered a personalised, downloadable, or time critical item (such as service subscription, software downloads) you may not be able to cancel for a full refund.
LIABILITY, WARRANTY AND LIMITATION OF LIABILITY
Limited Warranty
23. EV Component Sales Limited warrants that products supplied will, under normal use and when installed, integrated and operated in accordance with EVCS instructions, be free from defects in materials and workmanship for the applicable warranty period specified for the product.
24. If a valid warranty claim is made during the applicable warranty period, EVCS shall, at its sole discretion:
i) repair the defective product;
ii) replace the defective product with an equivalent product; or
iii) refund the original purchase price paid for the defective product.
25. The remedies set out in Clause 24 constitute the customer's sole and exclusive remedy for any warranty claim, defect or failure relating to products supplied by EVCS.
26. Any repaired or replacement product shall be covered only for the remaining duration of the original warranty period.
Warranty Exclusions
27. The warranty provided by EVCS does not apply where the product has:
i) been incorrectly installed, integrated, commissioned or configured;
ii) been modified, repaired or altered by persons not authorised by EVCS;
iii) been operated outside the specified electrical, mechanical or environmental limits;
iv) been subjected to misuse, abuse, accident, neglect or improper maintenance;
v) been used with incompatible hardware, software or vehicle systems;
vi) been damaged as a result of incorrect vehicle integration, installation or calibration.
Limitation of Liability
28. Subject only to liabilities which cannot lawfully be excluded or limited under English law, EVCS's total aggregate liability arising out of or in connection with the supply, performance or use of any product shall not exceed the purchase price paid by the customer for the product giving rise to the claim.
29. EVCS shall not be liable for any indirect, consequential or economic losses including, without limitation:
i) loss of profit;
ii) loss of business;
iii) loss of contracts;
iv) loss of opportunity;
v) loss of production;
vi) loss of vehicle use;
vii) vehicle recovery costs;
viii) vehicle transportation costs;
ix) labour costs;
x) installation or removal costs;
xi) commissioning or recommissioning costs;
xii) third-party claims;
xiii) costs arising from incorrect installation, integration, programming or configuration by persons other than EVCS.
30. Where EVCS supplies components intended to be incorporated into a wider electrical, mechanical or vehicle system, the customer remains responsible for the design, installation, integration, testing and certification of the complete system unless otherwise agreed in writing.
DEVELOPMENT AND EVALUATION PRODUCTS
31. Products supplied by EV Component Sales Limited as prototypes, development units, evaluation units, beta releases or pre-production products are supplied solely for development, testing and evaluation purposes.
32. Unless expressly agreed otherwise in writing, such products:
i) may not represent the final production specification;
ii) may contain known or unknown defects;
iii) are not guaranteed to be suitable for commercial deployment or production use;
iv) may require modification, calibration or software updates during the development process.
33. The customer acknowledges that development products are supplied to facilitate engineering development and evaluation and accepts responsibility for their use unless otherwise agreed in writing.
SOFTWARE AND FIRMWARE
34. EVCS products may incorporate embedded software, firmware or configuration files which are subject to ongoing development, improvement and modification.
35. EVCS will use reasonable endeavours to investigate and correct verified software or firmware defects within a reasonable period where such defects materially affect the intended operation of the product.
36. EVCS does not warrant that software or firmware will:
i) operate without interruption or error;
ii) be compatible with every vehicle, third-party component, charging infrastructure or operating environment;
iii) remain compatible where third-party systems, protocols or software are modified after the product has been supplied.
37. The customer acknowledges that interoperability with third-party hardware, software, charging networks or vehicle systems may depend on factors outside the reasonable control of EVCS and does not constitute a defect in the EVCS product.
38. EVCS reserves the right to issue software and firmware updates to improve performance, functionality, compatibility or reliability. Unless otherwise agreed in writing, installation of such updates remains the responsibility of the customer or authorised installer.
JURISDICTION
39. These terms and conditions shall be governed in accordance with English Law and are subject to the exclusive jurisdiction of the courts of England & Wales.
ENTIRE AGREEMENT
40. These terms and conditions combined with our published Privacy Policy (also available through this website) and Refund Policy (also available through this website) constitute the entire agreement between the parties and supersede any and all preceding and contemporaneous agreements between you and us whether written or oral.
GENERAL
41. Should any part-term or term be found to be unenforceable then the remainder of the terms and conditions shall continue to have full force and effect as if the invalidated term was not present.
42. Should any delay or failure to comply with our obligations under these terms and conditions arise where it is beyond our reasonable control, we will not be responsible to you for such delay or failure nor liable for any loss that you incur, howsoever caused.