GENERAL TERMS AND CONDITIONS OF SALE

PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY
IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS
WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.

Overview

Evolutz (“we” and “us”) is the operator of (www.Evolutz.com) (“Website”).
This website is operated by Evolutz Inc. (“Evolutz”). Throughout the site, the terms “we”, “us” and “our” refer to Evolutz.
These Terms and Conditions of Sale govern the sale of goods by Evolutz to a third-party purchaser (“Buyer”). All transactions between Buyer and Evolutz are subject to these terms and conditions, which shall take precedence over the terms and conditions contained in Buyer’s order or in any other form issued by Buyer, whether or not such form has been acknowledged or accepted by Evolutz.
Buyer shall be deemed to have full knowledge of the terms and conditions herein and these terms and conditions shall be binding upon Buyer if either the Goods referred to herein are delivered to and accepted by Buyer, or if Buyer does not within fifteen (30) days from the date hereof or from the date of purchase, deliver to us written objection to these terms and conditions or any part thereof.
No waiver, alteration or modification of these terms and conditions shall be binding upon Evolutz unless made in writing and signed by a duly authorized representative of Evolutz.

1. General
  1.  By placing an order for goods through this Website you agree tothe terms of the shipping policy set out below and the Refund and Return Policy found here www.evolutz.com. The terms and conditions found herein are provided to ensure both parties (“you” as the Buyer and “us” as the operator) are aware of and agree upon this arrangement to mutually protect and set expectations on our service.
  2. All orders for merchandise products are final and subject to stock availability. While we try to maintain an up-to-date stock on the Website, discrepancies with stock availability may occur due events outside of the control of Evolutz.
  3. In the event of issues related to stock availability that are outside of Evolutz’s control, we will contact you directly as soon as possible to request whether you would prefer to a) select another merchandise product or b) await restocking of the selected merchandise product or c) if payment has already been submitted, how you would prefer for us to process a refund.    i. Please note that the Return and Refund policy applies for any requests for returns or refunds www.evolutz.com

2. Shipping

Title to the merchandise product(s) purchased through the Website passes to you when the product(s) is/are delivered to your shipping
address.  You are responsible for inspecting the package(s) at the time of delivery and must identify any visible damage on the delivery receipt that the carrier asks you to sign. For security purposes, the carrier may ask you to present valid identification in order for you to collect your package.

Evolutz is not responsible for any visible shipping damages not noted
on the delivery receipt or for any carrier identification requirements.

3. Shipping Costs

  1. Shipping costs are calculated based on weight, dimensions and destination of the items in the order.
  2. Payment for shipping will be collected with the purchase and shall be based on the issued price by the shipping carrier at the time of purchase.
  3. All prices for merchandise product that includes shipping costs
    are considered final.
  4. Online quoted shipping rates are not guaranteed and in some rare cases we may need to re-quote your shipping cost due to unusual packaging requirements, remote locations and/or other factors beyond our control. Evolutz reserves the right to re-quote the final shipping cost on your purchase in the event that the shipping cost is increased by the shipping carrier. In the event this occurs, we will contact you as soon as possible to indicate the increase in shipping cost and the reason for the cost increase.

4. Warranty Disclaimer; Disclaimer of Third-Party Products.

GOODS PURCHASED THROUGH THE WEBSITE ARE PROVIDED “AS IS.” EVOLUTZ PROVIDES NO OTHER WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. SOME PROVINCES DO NOT PERMIT THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR CONDITIONS IN THEIR STATUTES. IN SUCH PROVINCES, THE FOLLOWING DISCLAIMERS MAY NOT APPLY TO YOU. EVOLUTZ DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. EVOLUTZ’S RESPONSIBILITY FOR WARRANTY CLAIMS FOR MERCHANDISE PRODUCTS IS LIMITED TO REPLACEMENT AS SET FORTH IN THE RETURN AND REFUND POLICY WARRANTY POLICY www.evolutz.com. SUBJECT TO APPLICABLE PROVINCIAL STATUTES THAT RESTRICT THE MANNER IN WHICH EVOLUTZ CAN MAKE MODIFICATIONS, EVOLUTZ RESERVES THE RIGHT TO MODIFY ITS WARRANTY AT ANY TIME.

5. Limitation of Liability.

In no event shall Evolutz be liable for: (i) any indirect, consequential, exemplary, incidental or punitive damages; (ii) loss of profits, wages, or data, or for value associated with your time; or (iii) business related expenses. YOU AGREE THAT EVOLUTZ’S LIABILITY ARISING FROM THESE TERMS AND ANY DISPUTE OR SERIES OF RELATED DISPUTES UNDER THESE TERMS WILL BE CAPPED AT THE TOTAL AMOUNT YOU PAID FOR THE ORDER OR PRODUCT (OR SERVICE) AT ISSUE. Notwithstanding the foregoing, Evolutz’s sole liability for any order that it cancels is to issue a refund to the original payment method, subject to the conditions outlined in the Return and Refund Policy www.evolutz.com. THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE CAUSE OR CIRCUMSTANCES GIVING RISE TO SUCH LOSS, DAMAGE OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE OR LIABILITY IS BASED ON NEGLIGENCE OR OTHER TORTS OR BREACH OF CONTRACT. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, YOU MAY NOT INSTITUTE ANY ACTION IN ANY FORM ARISING OUT OF THIS AGREEMENT MORE THAN EIGHTEEN (18) MONTHS AFTER THE CAUSE OF ACTION HAS ARISEN.

6. Purchases may not be resold or exported.

Your purchase is for your own use, not for resale, export, re-export or transfer. Your purchase is subject to and you are responsible for compliance with the laws of Canada and if Buyer is outside of Canada, the laws of other applicable jurisdictions.

7. Delivery Terms

  1. Shipping Carrier: Evolutz uses all available shipping services
    providers including, but not limited to, Canada Post, UPS, Canpar,
    FedEx and Purolator.
  2. Transit Time inside Canada: In general, shipments inside Canada
    are in transit for 2 – 7 days.
  3. Transit time outside of Canada: Generally, orders shipped
    internationally are in transit for 4 – 22 days. This varies greatly
    depending on the destination country.
  4. Dispatch Time: Orders are usually dispatched within 15 business
    days of payment of order. In these instances, we take steps to
    ensure shipment delays will be kept to a minimum.
  5. Delivery Time Exceeded: If delivery time has exceeded the
    forecasted time, please contact Evolutz so that we can conduct
    an investigation.

8. Tracking Notifications

If the shipping method selected includes tracking, the Buyer will receive a tracking link from which they will be able to follow the progress of their shipment based on the latest updates made available by the shipping provider.

9. Parcels Damaged in Transit

If you find a parcel was damaged in-transit, if possible, please reject the parcel from the courier and get in touch with Evolutz. If the parcel has been delivered without you being present, please contact Evolutz to determine next steps.

10. Import Duties & Taxes

  1. Sales tax will be applied to the price of the goods on the checkout page.
  2. Customers are responsible for any additional customs handling fees, duties and/or taxes.
  3. Each country has varying policies on delivery of goods from Canada, with varying fees. We are unable to quote you on duties and/or taxes, but your local post/customs office may provide this information. Buyer will remain solely responsible for all duties and/or taxes upon delivery of order.
  4. If any international order is refused upon delivery for any reason, all customs duty charges will be billed to you by Evolutz. Once a package enters your country, these charges are non-refundable, whether the package is delivered to you or not.

11. Force Majeure

Evolutz shall not be responsible or liable for any delay or failure to perform its obligations under these Terms, when and to the extent such failure or delay is caused by or results from acts beyond the
reasonable control of Evolutz’s control, including, without limitation, the following force majeure events(“Force Majeure Event(s)”): (a)acts of God; (b) flood, tsunami, fire, earthquake, or explosion; (c) epidemics, pandemics, including the 2019 novel coronavirus pandemic (COVID-19),
and other potential disasters or catastrophes; and (d) other similar events beyond the reasonable control of Evolutz.

The acceptance of delivery of the Goods by the customer shall constitute a waiver of all claims for loss or damage due to any delay whatsoever.

12. Non-Waiver

No failure on Evolutz’s part to strictly enforce any of these terms and conditions or any of its rights shall be construed as a waiver of such term, condition or right and Evolutz’s acceptance of an order shall not
be deemed an acceptance of any terms and conditions that may be
contained therein.

13. Severability

In the event that any provision of these terms and conditions or any part thereof should be held to be invalid, illegal or unenforceable, the remainder of these terms and conditions shall remain valid and
enforceable.

14. Applicable law and jurisdiction

EXCEPT WHERE AN APPLICABLE PROVINCIAL STATUTE REQUIRES AN ALTERNATIVE GOVERNING LAW, THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE DEEMED TO HAVE BEEN MADE IN THE PROVINCE OF ONTARIO AND SHALL BE CONSTRUED AND INTERPRETED ACCORDING TO THE LAWS OF THE PROVINCE OF ONTARIO AND THE APPLICABLE LAWS OF CANADA. THE PARTIES HEREBY AGREE TO THE NON-EXCLUSIVE JURISDICTION OF THE PROVINCE OF ONTARIO.

15. Language

Buyer hereby agrees that all terms, forms, contract and other kinds of agreements and documents exchanged or entered into between the Buyer and Evolutz shall be in the English language only. Les parties aux présentes conviennent expressément que cette convention ainsi que tous les avis et documents s’y rattachant soient rédigés en anglais.

16. Contact Information

For all customer service enquiries, please email us at SERVICE@EVOLUTZ.COM

This document was last updated on September 22, 2022.