Terms and Conditions
TERMS & CONDITIONS
Congratulations on your purchase! Evolve Skateboards are an exciting product and will provide you endless fun, please read ALL the information below before you begin using your board.
Please read the following before riding your board:
o Always wear a helmet and other safety equipment when riding the board.
o Your board can lose brakes and power during your ride at any time due to low battery on the skateboard or remote, or due to electrical or other interference with the wireless connection. For this reason, you should only ride your board at speeds which allow you to safely stop the board without power or brakes.
o Always obey and check the local road rules and other applicable laws in your area for where you can ride. Do not ride on busy roads with line markings as this is dangerous to yourself and other road users.
o The fastest speed modes are very powerful and the trigger is highly sensitive. Be sure to very gentle with the trigger control to avoid being thrown off the board and only ride to your ability. Start by trying to move as slowly as possible within these speed modes when both using the brakes and acceleration.
o Do not ride the board if you are fatigued, unwell or under the influence of drugs or alcohol.
o Do not ride the board in adverse weather conditions. The board may slide from under your feet causing injury to yourself and/or others.
o Always respect pedestrians by stopping and allowing pedestrians safe passage past you!
o Always maintain your board in good working order as this is your responsibility. Regularly check and tighten all screws/nuts throughout the skateboard. Always clean your bearings for safe performance and the best roll and quietest/smoothest ride (including the bearing in the drive gear). Bearings get dirty and affect ride quality and may reduce battery performance, causing possible bearing failure which may injure yourself and/or others.
o Avoid water - the board is not waterproof. The electronics, bearings and other components may be damaged due to water ingress and water damage is not covered by warranty. Riding in wet conditions is also very dangerous and may cause injury to yourself and others.
o Abuse – the board is not designed to be subjected to rough handling. Do not jump on the board, do not ride off gutters or curbs, do not smash the board into hard objects, do not drop the board on the ground for starting operation. Although the product has been made to handle spirited riding, it is still an electrical product and needs to be handled with care and respect. Our warranty does not cover any damage to the board as result of rough handling or misuse .
o Whenever you ride the Evolve board, you risk serious injury or even death from loss of control, collisions, and falls. While this manual and other information included with your board provide guidance on how to most safely use your board, failure to exercise due care, skill and diligence may put you at risk of serious injury or death should you lose control, suffer a collision or fall off your board. You must read ALL instructions and safety messages and warnings in this manual.
o Riding on Hills - riding on hills can be very dangerous; what goes up must come down! If you ride up a steep hill and you intend to ride down the same hill, you must be competent at controlling your speed and direction without the aid of the electronic brakes if ever there was a malfunction or there was a situation where the electronic brakes fail.
1. MAKING A CONTRACT WITH US
1.1 When You place an Order with Us for one or more Products, You are making an offer to buy those Products from Us.
1.2 We may accept or reject an Order in Our sole discretion and nothing in this agreement requires us to supply you with Products which are unavailable or have been incorrectly listed for sale (including but not limited to pricing errors).
1.3 If We accept Your Order, We will provide You with access to Our payment gateway for payment of the Purchase Price in full. We will send You a confirmation e-mail when We have received the full Purchase Price for Your Order and agree to sell the Product to You.
Title and risk
1.4 Title to the Product accepted under clause 1.3 above passes from Us to You when You pay Us the full Purchase Price for those Products. You bear the risk relating to the Products from the time those Products are dispatched to You.
1.5 In accordance with clause 3 We will endeavor to deliver the Products to the address in the Order or request a third party to do so. Once We have dispatched Your Order We will e-mail You again to confirm that Your Order has been sent. You acknowledge that any delivery dates nominated or agreed to by Us are indicative only, and are not binding on Us.
1.6 You acknowledge and agree that:
(a) images of Products on packaging and the Website are for illustrative purposes only;
(b) Your Products may vary from the image shown on the packaging or Website;
(c) while Products may be shown assembled on the packaging or the Website, they may require assembly by You; and
(d) while We try to be as accurate as possible, subject to clause 5 We give no representation and make no warranty about the accuracy of information about the Products.
2. HOW TO PLACE AN ORDER
2.1 You can use the Website to place an Order by selecting the Product You wish to buy and adding it to Your basket. Products You do not wish to purchase can be removed from Your basket at any time. Alternatively, You can place an Order in person by visiting Our place of business during business hours.
2.2 The component of the Purchase Price which relates to shipping charges will be shown prior to submitting Your Order. You acknowledge and agree any shipping charges are estimates only and may change once Your Order is accepted by Us under clause 1.3.
2.3 Any promotional prices offered by Us from time to time will only apply to Products ordered during the stated period. We may extend, withdraw or amend any promotional pricing at any time in Our sole discretion.
2.4 Once Your Order has been accepted by Us under clause 1.3, changes to Your Order may not be possible or may incur additional charges or delays which We are not responsible for.
3.1 Unless you elect to collect your Products from our place of business in person, Products ordered will normally be dispatched from Our warehouse within one (1) week of Your Order date (except for Product pre-orders). Any estimated delivery dates are indicative only and may change without notice from time to time. Your Order may arrive in more than one delivery.
3.2 Subject to clause 5, We are not responsible for any loss or damage suffered or incurred by You as a result of:
(a) any incorrect shipping address nominated on Your Order;
(b) failure of Your Order to arrive in a merchantable condition due to damage incurred from the time the Product was dispatched to Our shipping agent; or
(c) Your Product being seized or destroyed in accordance with the import laws or practices of Your country.
3.3 If Your Order is returned to Us by our shipping agent due to a failure to deliver, We may charge You an additional fee for re-delivery of the Order.
3.4 When You receive Your Order, You must immediately inspect the Products for any damage. If Your Product is damaged or missing components on delivery, You must notify the delivery driver at the time of delivery and Us within two (2) days of the delivery date. Subject to clause 5, We will assess any warranty claim in accordance with clause 4.
4. RETURN OF PRODUCTS
Money back guarantee
4.1 We are so certain You’ll love Your Product, that We offer a 7-day money back guarantee! Without limiting clause 5, if for some reason You are not satisfied with a Product purchased from Us and the Product is in the same as-new condition it was in when it was sold to You, We may in Our discretion accept a refund request in accordance with this clause 4.
4.2 If You would like to take advantage of Our money back guarantee under clause 4.1, please contact Us within 7 days of receiving Your Order for a return authorization number and We will refund the Purchase Price less shipping and reasonable administrative costs once We receive and accept the Product in accordance with clause 4.3 below.
4.3 We reserve the right to refuse any refund under clause 4.1 above if the returned Product is different in any respect to the Product delivered, shows any signs of misuse, or is returned to Us without following the procedures in this clause 4. If We reject any Product returned to Us We will send the Product back to You at Your cost.
4.4 If You purchased a Product through a retailer and not directly from Us, in the first instance please contact the retailer for information about their returns policy. Subject to clause 5, We cannot authorise refunds on behalf of Our retailers.
4.5 Subject to clause 5 and without limiting Your rights at law, We warrant that Our Products will be free from defects in material and workmanship for a period of 12 months from the date You submit Your Order to Us.
4.6 The warranty under clause 4.5 above does not apply to Products that, in Our reasonable opinion, have been damaged due to:
(a) abuse, misuse, negligence, or accident (including riding in adverse weather conditions, dropping the board, smashing the board into objects etc);
(b) tampering or unauthorized alterations or repairs being made to the Product; or
(c) failure to comply with any user manuals or guidelines provided by Us from time to time.
4.7 Subject to clause 5, perishable or consumable components of Products (including but not limited to bearings, belts, tubes, tyres, bushings, grip tape and wheels) are not subject to the warranty in clause 4.5 above due to their deterioration through use of the Product.
4.8 If there is a problem with Your Product, please initially notify Us by email or in writing providing details of the problem. We will then provide You with instructions on how to return Your Product to Us in accordance with these terms.
4.9 If a Product is accepted under the warranty in clause 4.5 above as defective, We will at Our election, repair or replace the faulty component or Product with an equivalent component or Product at no cost to You (including reasonable shipping fees).
4.10 All Products found not to be faulty under these terms will be returned to You at Your cost.
4.11 When returning Products or components to Us, You must include all factory packaging and accessories in a suitable container (ideally its original carton) with Your name, address, phone number and return authorization number included. You bear the risk of all Products or components returned to Us and We recommend You obtain shipping insurance.
5. LIMITATION OF LIABILITY
5.1 Subject to clauses 5.3 and 5.4 below, Our liability for any loss or damage, however caused (including by Our negligence), suffered by You in connection with a Product is limited to, at Our election to:
(a) the Purchase Price paid for that Product; or
(b) resupply of that Product.
5.2 The limitation set out in clause 5.1 above is an aggregate limit for all claims, whenever made.
5.3 Subject to clause 5.4 below, We are not liable for any Consequential Loss however caused (including by Our negligence), suffered or incurred by You in connection with a Product.
5.4 If the Competition and Consumer Act 2010 (Cth) or any other legislation states that there is a guarantee in relation to any good or service supplied by Us in connection with this agreement and Our liability for failing to comply with that guarantee cannot be excluded but may be limited, then clauses 5.1, 5.3 and 6.6 do not apply to that liability and instead Our liability for such failure is limited to (at Our election), in the case of a supply of goods, Us replacing the goods or supplying equivalent goods or repairing the goods, or in the case of a supply of services, Us supplying the services again or paying the cost of having the services supplied again.
6. SAFETY DISCLAIMER AND INDEMNITY
6.1 The best safety equipment and the most experienced user cannot completely eliminate the risks certain sporting and outdoor activities pose, including when using Our Products. Sporting and outdoor activities are inherently dangerous activities and pose a risk to Your life.
6.2 By purchasing and using Our Products, You understand, agree and voluntarily undertake to assume the risks involved with sporting and outdoor activities, including while using Our Products. You understand risks and dangers include, but are not limited to, sprains, broken bones, bruises, cuts, temporary or permanent paralysis and even death. Other risks which may arise when using Our Products include unforeseen Weather conditions, hazardous and unknown terrain, geographical conditions, failure to properly maintain equipment, failure to obey traffic instructions or local laws and engaging in sporting and outdoor activities while physically exhausted, disabled or under the influence of drugs or alcohol.
6.3 Our Products are high-performance machines and should not be used or operated in any way by people under the age of 16 years old. YOU MUST WEAR APPROPRIATE SAFETY EQUIPMENT (INCLUDING ALWAYS WEARING A HELMET) AT ALL TIMES WHENEVER USING OUR PRODUCTS.
6.4 It is important You only use the Products in accordance with Our manuals, guidelines and recommendations to minimize (but not eliminate) the risks associated with using Our Product.
6.5 You must only use the Products in accordance with all applicable laws, regulations and standards in the jurisdiction in which You operate the Product.
6.6 You are liable for, and indemnity Us from and against, all loss or damage (including legal costs) suffered or incurred by Us however caused in connection with:
(a) Your use of the Products;
(b) personal injury or death of any person (including You or any third party) in connection with use of the Products;
(c) breach of any laws, regulations or standards by You arising from Your purchase, use or possession of the Products;
(d) damage to property in connection with the storage or use of the Products; or
(e) any act or omission (negligent or otherwise) of You.
6.7 The indemnity under clause 6.6:
(a) applies to the extent that such loss or damage is attributable to You; and
(b) does not apply to the extent that such loss or damage is attributable to any act or omission of Us.
6.8 Each indemnity in this document is a continuing obligation notwithstanding:
(a) any settlement of account; or
(b) the occurrence of any other thing,
and it is not necessary for Us to incur expense or make payment before enforcing or making a claim under an indemnity.
7. INTELLECTUAL PROPERTY
7.1 You acknowledge and agrees that nothing in this agreement grants You any intellectual property rights (including copyright, trade marks, patents, designs or trade secrets) in Us or our Products.
7.2 You must not remove, deface or alter any trade marks or brand names appearing on Our Products or their packaging.
8. COSTS AND TAXES
8.1 You must pay all stamp duty, taxes (including but not limited to GST or other value added taxes), duties, government charges and other taxes of a similar nature (including fines, penalties and interest) imposed, levied, assessed or payable in Australia or overseas in connection with this agreement and its performance.
9.1 The laws of Queensland, Australia govern this agreement.
9.2 Each party irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland, Australia and courts competent to hear appeals from those courts.
9.3 You must not assign, in whole or in part, or novate Your rights and obligations under this agreement without Our prior written consent.
9.4 We may subcontract Our obligations under this agreement.
9.5 A clause or part of a clause of this agreement that is illegal or unenforceable may be severed from this agreement and the remaining clauses or parts of the clause of this agreement continue in force.
9.6 This agreement supersedes all previous agreements about its subject matter. This agreement embodies the entire agreement between the parties.
9.7 We will not be in breach of this agreement or liable for any failure or delay in the performance of Our obligations under this agreement to the extent that the failure or delay is wholly or partially caused, directly or indirectly, by a Force Majeure Event or any act or omission of You.
10. DEFINITIONS AND INTERPRETATIONS
10.1 In this agreement:
(a) “Consequential Loss” means any one or more of the following:
(i) loss of revenues;
(ii) loss of reputation;
(iii) loss of profits;
(iv) consequential loss;
(v) loss of actual or anticipated savings;
(vi) loss of bargain;
(vii) indirect loss;
(viii) lost opportunities (including opportunities to enter into arrangements with third parties); and
(ix) loss or damage in connection with claims against You by third parties.
(b) “Force Majeure Event” means any occurrence or omission outside a party’s control and includes products not being available, any failure of a third party supplier or service provider, physical natural disaster, war or other state of armed hostilities, insurrection, riot, civil commotion, act of public enemies, national emergency, declaration of martial law, epidemic or quarantine restriction, confiscation, nationalisation, requisition, expropriation, prohibition, embargo, restraint or damage to property by or under the order of any government agency, law taking effect after the date of this agreement, strike, lock-out, stoppage, labour dispute or labour shortage.
(c) “Order” means an order made under clause 1.1 by You for the supply of Products.
(d) “Product” means the goods available for sale from Us.
(e) “Purchase Price” in respect of a Product means the purchase price and cost of delivery for that Product as specified by Us.
(f) “We”, “Us” or “Our” means Evolve Skateboards Pty Ltd.
(g) “Website” means www.evolveskateboards.com.au, operated by Us.
(h) “You” or “Your” means a customer who orders Products from Us.
10.2 In this agreement:
(a) the meaning of any general language is not restricted by any accompanying example, and the words ‘includes’, ‘including’, ‘such as’ or ‘for example’ (or similar phrases) do not limit what else might be included;
(b) no rule of construction applies in the interpretation of this agreement to the disadvantage of the party preparing the agreement on the basis that it put forward this agreement or any part of it; and
(c) a reference to a party is a reference to You or Us, and a reference to the parties is a reference to both You and Us.