Evnly brings customers Products from the finest independent Suppliers around the world.
Evnly only selects Suppliers whose Products meet its values and commitments and allows them to offer their Products for sale directly on the Evnly Platform in return for the payment of a commission that is not charged to you.
We may update these Terms and Conditions from time to time and will notify such changes to you by uploading details of them on the Evnly Platform. You should review these Terms and Conditions periodically for changes. By using the Evnly Platform you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, then please do not use the Evnly Platform.
1. About us
1.1 Company details. Evnly Limited (company number 12698796) (we and us), is a company registered in England and Wales and our registered office is at 5th Floor, 14-16 Dowgate Hill, London, EC4R 2SU. Our VAT number is 353530515. We operate the Evnly Platform.
1.2 Contacting us. To contact us telephone our customer service team at +44 (0)345 548 0038 or email email@example.com.
1.3 Contacting you. If we have to contact you, we may do so by using the telephone number or email address you provided when you went through the checkout process on the Evnly Platform or that is registered on your Account from time to time.
When we use certain capitalised words in these Terms and Conditions, they have the specific meaning outlined either in this Section 2 or in the sentence where that term is defined.
Account: means your account for Evnly, which is created when you register with Evnly by completing the registration process on the Evnly Platform.
Product(s): means the Supplier’s goods, which it offers for sale via the Evnly Platform from time to time.
Contract with a Supplier with a Supplier: means the contract with a Supplier for the sale and purchase of the Products between you and the relevant Supplier (as identified on a Product’s listing and your Order confirmation email), which incorporates these Terms and Conditions.
Evnly Information Materials: the short content, materials, social media links, documents or chart depictions which Evnly makes available to You via the Evnly Platform as part of the Evnly Services.
Evnly Platform: means the internet website at the URL www.evnly.co (including its subdomains) and any other associated applications owned and/or operated by Evnly from time to time.
Evnly Services: the services provided by Evnly via the Evnly Platform to you including the Evnly Information Materials.
Force Majeure: any act, event, omission or cause or circumstance whatsoever beyond the reasonable control of a Party, including without limitation, act of God; an act of any government or authority (including refusal or revocation of any licence or consent); pandemic, fire, explosion, flood; and theft, malicious damage, strike, lock-out or industrial action of any kind (other than in relation to the workforce of the Party claiming Force Majeure).
Listings: means a summary on the Evnly Platform of Products containing, without limitation, an image of the Products, a description of the Products and a statement of the then current price of the Products.
Order: means your order for the purchase of Product(s) from a Supplier(s) that you place via the Evnly Platform.
Party: each of the parties identified as parties to these Terms and Conditions and jointly the “Parties”.
Supplier: means the independent brand for whom we:
(a) market, promote and publish Products through the Evnly Platform; and
(b) accept and process Orders from end-users of the Evnly Platform for those Products, as described in these Terms and Conditions.
Returns Policy: the policy detailing how and when you can return any Products you have Ordered and incorporated into these Terms and Conditions by reference.
Terms and Conditions: means the terms and conditions set out on this page, together with the Evnly policies explicitly referenced herein (e.g., Returns Policy) which together govern the Evnly Services.
3. Background to these Terms and Conditions
3.1 Legally binding. Please review these Terms and Conditions carefully and make sure that you understand them before using the Evnly Platform and/or making an Order. These Terms and Conditions constitute a legally binding agreement between:
(a) in the context of your use of the Evnly Platform, you and us; and
(b) in the context of the Contract with a Supplier for your purchase of Products, you and the relevant Supplier who is the producer/seller of those Products. As described more fully below. We conclude these Terms and Conditions on the relevant Supplier’s behalf acting as their agent.
3.2 Consumers only. The Products and other services offered via the Evnly Platform are for adult consumers only that are over the age of 18. They are only to be used for non-commercial, non-business, private purposes by consumers. By accepting the terms in these Terms and Conditions, you confirm to us that you are a consumer over the age of 18 and not acting in the course of a business.
3.3 You may choose to purchase Products on the Evnly Platform either as one-off purchases, or you may take out a subscription with us. You may also select whether you require automatic replenishment of your orders for Products and you may select the replenishment period, eg monthly, quarterly etc on the Evnly Platform.
4. How does the Evnly work?
4.1 We operate the Evnly Platform as an electronic marketplace, and we allow you to make Orders to pay for Products through the Evnly Platform and have the Product(s) delivered to the address you specify.
4.2 The Contract with a Supplier is between you and the relevant Supplier, not us. You are buying the Products from the Supplier, not us. However, we are authorised to act as the agent of our Suppliers (who act as principal) to conclude and enter into the Contract with a Supplier with you.
4.3 We are simply the intermediary marketing and promotions the Evnly Platform which facilitates your making Orders with Suppliers and your payment for that Order.
4.4 To the extent they are incorporated into the Contract with a Supplier, you should read references to "we”, “our” and “us” in these Terms and Conditions as references to the relevant Supplier from whom you Ordered the Products.
4.5 Subject to these Terms and Conditions, Evnly grants to you a non-exclusive, non-transferable right, without the right to grant sublicences, to permit you to use the Evnly Services and Evnly Information Materials.
4.6 You agree that:
(a) You are over the legal age of 18;
(b) You will not allow or suffer your account or subscription to be used by anyone else;
(c) You shall keep a secure password for your use of the Evnly Services and Evnly Information Materials, such password shall be changed no less frequently than once a year and that you shall keep your password confidential;
(d) You acknowledge and permit the Evnly Platform enables Evnly's designated auditor to audit the Evnly Services in order to establish your name and password to audit compliance with these Terms and Conditions. Each such audit may be conducted no more than once per quarter and if any of the audits reveal that any password has been provided to any other individual, then without prejudice to Evnly' other rights, You shall promptly disable such passwords and Evnly shall not issue any new passwords to any such individual;
4.7 Evnly shall provide the Evnly Services on and subject to these Terms and Conditions.
4.8 Evnly shall render the Evnly Services in a competent, conscientious and professional manner.
4.9 Evnly shall:
4.9.1 Take all reasonable care to ensure the Evnly Services shall be of the highest quality;
4.9.2 From time to time select for publication on the Evnly Platform information or materials related to the Evnly Information Materials which may be of general interest to You.
4.10 In our agreements with them, we require Suppliers to ensure the Products they make available comply with applicable UK laws and regulations.
4.11 We aim to use the Listings to give you the information you need to know about the essential characteristics of the Products. Although we try to make sure they are as faithful as possible to the real thing, any images shown in the Listings are for illustrative purposes only – given the digital method of presentation it is possible that your perception may not exactly match the relevant Product itself.
4.12 The packaging of your Products may vary from that shown on images on the Evnly Platform.
5. Placing an Order and its acceptance
5.1 Placing your Order. Please follow the onscreen prompts to place an Order. Each Order is an offer by you to buy the Products specified in the Order (subject to these Terms and Conditions and terms and conditions of the Supplier).
5.2 Correcting input errors. Our order process allows you to check and amend any errors before submitting your Order to us. Please check the Order carefully before confirming it. You are responsible for ensuring that your Order is complete and accurate.
5.3 Acknowledging receipt of your Order. After you place an Order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your Order has been accepted.
5.4 How the Contract with a Supplier is formed. The Contract with a Supplier is formed when the relevant Supplier confirms to us that it has the relevant Products in stock and we send you an Order confirmation email to that effect. We will send you that Order confirmation email to the email address associated with your Account or, if you check-out as a ‘guest’, to the email address you entered during the checkout process.
5.5 If we cannot accept your Order. If we are unable to supply you with the Products for any reason, we will inform you of this by email and we will not process your Order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
5.6 If you are not at home when the Products are delivered. If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, our Supplier may leave you a note informing you of how to rearrange delivery or collect the Products. Please note that the delivery company may leave your parcel with a neighbour - you will be advised of this on the calling card.
5.7 If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect the Products our Supplier may contact you for further instructions and may charge you for storage costs and any further delivery costs.
5.8 When you become responsible for the Products. A Product will be your responsibility from the time the Product is delivered to the address you gave us.
5.9 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Products to you. If so, this will have been stated in the description of the Products on the Evnly Platform. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the Contract with a Supplier or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by you not giving us the information, we need within a reasonable time of us asking for it.
6. Rights to make changes
6.1 Minor changes to the Products. Our Suppliers may change the Products:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements.
6.2 More significant changes to the Products and these Terms and Conditions. In addition, as we informed you in the description of the Products on the Evnly Platform, we may make the following changes to these Terms and Conditions or the Products, but if we do so we will notify you and you may then contact us to terminate the Order Contract with a Supplier before the changes take effect and receive a refund for any Products paid for but not received.
7. Your rights to make changes
If you wish to make a change to the Products you have ordered, please contact us immediately. We will let you know if the change is possible although this will depend on the Supplier. If it is possible the Supplier will let you know about any changes to the price of the Products, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
8.1 Although you can go through the Order process as a guest, you may choose to register for an Account. In which case you will have to provide certain information about yourself as prompted during the account registration process on the Evnly Platform.
8.2 If you do create an Account, all the registration information you submit should be truthful and accurate. If for any reason any information you submit is or becomes untruthful, inaccurate and/or incomplete, you should update that information to maintain its accuracy.
8.4 You are responsible for maintaining the confidentiality of your Account log-in information (including, for example, your password). Accordingly, you are responsible for all activities that occur under your Account.
8.5 You should notify us immediately if you suspect or become aware of any unauthorised use of your Account or any other breach of its security.
9. Return and refund
Our Returns Policy details how and when you can return any Products you have Ordered and is incorporated into these Terms and Conditions by reference. We have set out our Returns Policy in this separate page to ensure that all necessary information is presented on a standalone page, in a clear and accessible form – however, the contents of this page do not affect any rights you may have at law.
10. Cancelling your Order and cancelling your subscription
10.1 As you are purchasing the Products online you have a legal right to change your mind within fourteen (14) days from delivery of the Products and receive a refund (including costs of delivery, but excluding the costs of return) – However, this cancellation right does not apply in the case of:
(a) any Products that are sealed and that are not suitable for return due to health protection or hygiene reasons if they become unsealed, which become unsealed after delivery;
(b) any Products which become mixed inseparably with other items after their delivery. To cancel your Order, you must notify us via the Evnly Platform or via the following the information provided on the email confirmation provided. We will then email you to confirm we have received your cancellation.
You can also email us at firstname.lastname@example.org or contact our Customer Services team by telephone on +44(0)7855 855955. If you are emailing us or writing to us, please include details of your Order to help us to identify it. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you send us the email. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or email us before midnight on that day.
10.2 If you have returned the Products to us because they are faulty or mis-described, we will refund the price of the Products and will refund you on the credit card or debit card used by you to pay.
10.3 We will discharge the relevant Supplier’s obligations to you in this regard acting as their agent.
10.4 If you have a subscription with us, you may cancel it upon one month’s notice. You may either email us at email@example.com or contact our Customer Services team by telephone on +44(0)7855 855955. Your cancellation is effective from the date you send us the email.
11.1 Your shopping basket on the Evnly Platform displays the Products you have chosen, the Supplier who shall provide them and details of postage and packing. The delivery costs for each Supplier vary according to the delivery methods they offer. Any delivery times quoted are in working days.
11.2 Where you choose to have them delivered, the Products you Order will be delivered by our Suppliers using a third-party courier service. Please note that any estimated delivery dates displayed on the Evnly Platform, or in any confirmation email or webpage, are simply estimates – they do not represent a guarantee that the Products will arrive by that delivery estimate. Furthermore, where parcels are held by customs clearance agencies, there may be significant delays to delivery. Unfortunately, these delays are beyond our control and we cannot accept responsibility for them. If you do not receive a delivery in time, you may cancel your Order in accordance with the cancellation policy detailed below, as well as the practices described in your Returns Policy.
11.3 If you Order Products for delivery to a location outside the UK, those Products may be subject to import duties, taxes, and potentially other fees which are levied when the delivery reaches the specified destination. You (and not us, nor the relevant Supplier) will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing an Order for delivery to a location outside the UK.
11.4 Occasionally delivery to you may be affected by Force Majeure. See clause (Force Majeure) for our responsibilities when this happens.
11.5 Delivery is complete once the Products have been unloaded at the address for delivery set out in your Order and the Products will be at your risk from that time.
12. Price of Products
12.1 The prices of the Products will be as quoted on the Evnly Platform at the time you submit your Order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the Evnly Platform.
12.2 Prices for the Products may change from time to time, but changes will not affect any Order you have already placed.
12.3 The price of the Products includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your Order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
12.4 The price of the Products does not include delivery charges. The delivery charges are as advised to you during the check-out process, before you confirm your Order.
12.5 We sell a large number of Products through the Evnly Platform. It is always possible that, despite our reasonable efforts, some of the Products on the Evnly Platform may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(a) where the Products' correct price is less than the price stated on the Evnly Platform, we will charge the lower amount when dispatching the Products to you; and
(b) if the Products' correct price is higher than the price stated on the Evnly Platform, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Products at the correct price or cancelling your Order. We will not process your Order until we have your instructions. If we are unable to contact you using the contact details you provided during the Order process, we will treat the Order as cancelled and notify you in writing. However, if we mistakenly accept and process your Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Products and refund you any sums you have paid.
13. How to pay
13.1 You can only pay for Products using the payment options provided in the checkout process
13.2 Payment for the Products and all applicable delivery charges is in advance. We will not charge you until we have confirmation that your Product(s) are able to be dispatched. If on occasion we have charged you and have then received communication from the Supplier(s) that your Product(s) cannot be provided, we will refund you in full including any delivery charges paid.
14.1 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from your Order.
14.2 These Terms and Conditions also apply to any replacement Products supplied by us to you.
15. Our liability: your attention is particularly drawn to this clause
15.1 We are responsible to you only for foreseeable loss and damage caused by us. If we fail to comply with these Terms and Conditions, we are only responsible for loss or damage you suffer that is a foreseeable result of our breaching these Terms and Conditions or failing to act with reasonable care and skill. We are not responsible for any loss or damage that is not a foreseeable result of our breaching these Terms and Conditions or failing to act with reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is either obvious that it will happen or if, at the time these Terms and Conditions are entered into, both we and you knew it might happen.
15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, Suppliers, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products including the right to receive Products which are: as described and match information we provided to you and any sample or model seen by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987
15.3 We are not liable for business losses. We only supply the Products for to you for domestic and private use.
15.4 We will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with your Order or your Contract with a Supplier for:
(a) any loss of profits, sales, business, or revenue; or
(b) loss or corruption of data, information or software; or
(c) loss of business opportunity; or
(d) loss of anticipated savings; or
(f) any indirect or consequential loss.
15.5 Our total liability to you for all losses arising under or in connection with your Order or the Contract with a Supplier, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will in no circumstances exceed 50% of the price of the Products.
15.6 Except as expressly stated in these Terms and Conditions, we do not give any representations, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms and Conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
16. Intellectual Property Rights
16.1 The Evnly Platform and its general structure and contents, are protected by intellectual property rights (including in particular all copyrights, patent rights, trademarks, designs, models, databases, domain names and any other existing or future national and/or international intellectual property rights) and are our exclusive property. The use of the Evnly Platform does not in any way confer on you any ownership or intellectual property rights in the Evnly Platform or the Evnly Information Materials. We do not assign or grant any rights to the Evnly Platform or the Evnly Information Materials to you, with the exception of a limited, free and non-exclusive personal right to access and use the Evnly Platform and the Evnly Information Materials. You must not represent, reproduce and/or exploit the Evnly Platform or the Evnly Information Materials, in whole or in part, in any form and by any means whatsoever, without our prior written consent. You undertake not to use the Evnly Platform or the Evnly Information Materials, other than within the limits authorised by these Terms and Conditions.
16.2 You further undertake not to perform one or more of the following acts, nor to allow a third party or authorise a third party to perform one or more of the following acts: (i) copy, modify, assemble, alter, sell, rent, lease, loan, distribute, distribute or transfer the Evnly Platform or the Evnly Information Materials, (ii) disassemble, decompile or reverse engineer the source code of the components of the Evnly Platform, (iii) extract and/or reuse, in any manner whatsoever and on any medium whatsoever, the content of the Evnly Platform or the Evnly Information Materials, without our prior written consent.
17. How we may use your personal information
18.1 We may change or discontinue the availability of the Evnly Platform and at any time without prior notice.
18.2 Without limiting any of our other rights, we may suspend the supply or delivery of the Products to you, or terminate your subscription with immediate effect by giving written notice to you if:
(a) you commit a material breach of any term of these Terms and Conditions or your subscription and (if such a breach is remediable) fail to remedy that breach within seven days of you being notified in writing to do so;
(b) you fail to pay any amount due under your subscription on the due date for payment;
18.3 Termination of your subscription shall not affect your or our rights and remedies that have accrued as at termination.
18.4 Any provision of these Terms and Conditions that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
19.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under your subscription or your Order that is caused by any act or event of Force Majeure).
19.2 If an event of Force Majeure takes place that affects the performance of our obligations under your Order or your subscription we will contact you as soon as reasonably possible to notify you and our obligations under your Order or your subscription will be suspended and the time for performance of our obligations will be extended for the duration of the event of Force Majeure. Where the event of Force Majeure affects our delivery of the Products to you, we will arrange a new delivery date with you after the event of Force Majeure is over
19.3 You may cancel an Order affected by Force Majeure which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
20. Product unavailability.
In case of unavailability of Products before or after Order, we will not be liable for any loss you suffer nor liable to you for any damages as a result of the unavailability of such Product(s), to the fullest extent permitted by law.
21. Communications between us
21.1 When we refer to "in writing" in these Terms and Conditions, this includes email.
21.2 Any notice or other communication given by one of us to the other under or in connection with your Order or your subscription must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.
21.3 A notice or other communication is deemed to have been received:
(a) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
(b) if sent by email, at 9.00 am the next working day after transmission.
21.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
21.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
22. Viruses, hacking and other offences
22.1 You must not misuse the Evnly Platform by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Evnly Platform, the server on which the Evnly Platform is stored or any server, computer or database connected to the Evnly Platform. You must not attack the Evnly Platform via a denial-of-service attack or a distributed denial-of-service attack.
22.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Evnly Platform will cease immediately.
23.1 Assignment and transfer.
(a) We may assign or transfer our rights and obligations under these Terms and Conditions to another entity but will always notify you by posting on the Evnly Platform.
(b) You may only assign or transfer your rights or your obligations under these Terms and Conditions to another person if we agree in writing.
23.2 Variation. From to time to time, we may make changes to these Terms and Conditions. If we do so, we will:
(a) post those changes in an updated version of these Terms and Conditions on the Evnly Platform; and
(b) the Terms and Conditions that will apply to your purchase of any Products will be those that are in force at the time you place your Order, unless we have notified you of a change to the Terms and Conditions that apply and will materially affect your Order and you have confirmed that you wish to proceed with your Order.
23.3 Waiver. If we do not insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
23.4 If a court finds part of these Terms and Conditions illegal, the rest will continue in force. Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
23.5 Nobody else has any rights under these Terms and Conditions. These Terms and Conditions is between you and us. No other person shall have any rights to enforce any of these Terms and Conditions. Neither of us will need to get the agreement of any other person in order to end these Terms and Conditions or make any changes to these Terms and Conditions.
23.6 Which laws apply to these Terms and Conditions and where you may bring legal proceedings if you are a consumer. These Terms and Conditions are governed by English law and you can bring legal proceedings in respect of the Products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.
23.7 All legal disputes related to card processing are handled under English Law.
23.8 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use and if you are not satisfied with the outcome you can still bring legal proceedings.