Terms and Conditions
This page explains the basis on which we sell our products and the terms and conditions that apply to those sales. We appreciate that there is a lot of information here and we apologise, but unfortunately, we are required by law to provide you with certain details about purchasing products through our website. If you have any questions about any of these Terms, please do not hesitate to contact us.
By ticking the box marked “I’VE READ AND ACCEPT THE TERMS AND CONDITIONS” during our purchase process you agree to comply with these Terms, so if there is anything you are unsure about then please get in touch with us before you order any products from us.
These Terms apply to all sales of our products from ‘Evove’ and ‘Evogal’ URLs including without limitation www.evogal.co.za If you purchase any of our products from one of our distributors, then separate terms and conditions may apply so please check the website you purchase through before ordering any products.
In these Terms, the following words have the meanings attributed to them:
In these terms the words “we”; “us” and “our” may also be used and refer to us, Evove (PTY) LTD as well as EvoGal Menstrual Cup.
“Customer”; “you”; “your” means you, as an Evove customer and visitor to our website.
“Confidential Information” means all documents, information and materials and any other proprietary information exchanged between you and us, and which ought reasonably to be considered as confidential information.
“Intellectual Property Rights” means all intellectual property rights (including without limitation patents, utility models, trade and service marks, trade names, domain names, right in designs, copyrights, moral rights, topography rights, rights in databases, trade secrets and know-how) whether or not registered or registrable and also includes applications for registration of any of these rights, and all rights and forms of protection of a similar nature or having equivalent or similar effect anywhere in the world.
“Order” means an order by you for any of our Products.
“Product” means any of the products we sell through our website, and the term “Products” will be construed accordingly.
“Terms” means these terms and conditions.
“Website” means our website at www.evogal.co.za and refers to any version of that site and any version of our site accessed using a URL with the word ‘Evogal’ rather than ‘Evove’.
INFORMATION ABOUT EVOVE AND OUR WEBSITE
Our Website is owned and managed, operated and maintained by Evove (PTY) LTD. You can contact us by writing to hello@evogal.co.za
We may need to make changes to our Website from time to time. Changes may include changing the products we sell or the terms of sale for those products. Similarly, we may need to suspend the Website, for example for repairs, planned maintenance or upgrades. While we will do our best to keep our Website available, we will not be liable to you if we do need to make any changes or restrict access for any period of time.
PURCHASING OUR PRODUCTS
To order any of our Products, please follow the instructions in our online purchase form. Once you have provided all the information, we need to process your order and you will be directed to choose either Debit or Credit card to make payment. Once that payment has been confirmed your Order will come through to us. We may from time to time need to conduct security and other verification procedures in relation to the information you provide, and by placing an Order with us you agree to our doing so.
By placing an Order with us you also warrant that you are legally capable of entering into binding contracts, that you are not in any way prohibited by any local laws to agree to these Terms or to purchase any of our Products, that the information you have provided to Evove Pty Ltd is true, accurate and correct. If any of that information, including without limitation your delivery address, changes then please contact us so that we can update our records.
FORMATION OF CONTRACT
Once payment for your Order has been processed, we will send you an order confirmation email. Your Order constitutes an offer to us to buy one of our Products, so our order confirmation email is our confirmation that we have received your offer. We will confirm that we have accepted your Order by sending you confirmation by email that your Order has been dispatched. The contract between you and Evove Pty Ltd will only be formed when we send you confirmation that any particular goods have been dispatched and will relate only to those Products for which we have confirmed dispatch.
PRICE AND PAYMENTS
Product prices and delivery charges are set out on our site. Unless our Website states otherwise, the prices on the Website include all applicable value added taxes. We reserve the right to change our prices at any time.
We of course make every effort to ensure the prices on our Website are correct. If for any reason they are not we will inform you of the correct price of any Product you have sought to Order and you will then have the option to proceed with your Order, subject to you paying the correct price, or to cancel your Order.
You can pay for our Products using a Debit or Credit card (or another payment provider if our Website identifies alternatives). If you do not complete the payment process or if payment is not received in full (including any applicable taxes and delivery charges), we may not process your Order, so please ensure that you do complete all the steps on our Website (as applicable) to make sure your Order can be processed by us.
DISPATCH AND DELIVERY
We will make every effort to dispatch your Order on our next available dispatch day after we have sent you an order confirmation. Dispatch may take slightly longer in weeks including bank holidays or when our office is closed for other public holidays so please check our website for any notifications about office closures. Delivery times depend on the delivery service you have chosen but generally take up to fifteen (15) days. If you have not received your goods within fifteen (15) days of receipt of a dispatch confirmation, then please do get in touch. You can contact us by writing to hello@evogal.co.za
The delivery service we use in South Africa is Fastway couriers. For this service, delivery charges are included in the price set out on our Website. Additional charges will apply for delivery services other than the Fastway delivery service, and these will be identified during the Order process. To view the Terms and conditions of Fastway delivery service you can access the link https://www.fastway.co.za/media/2382/fastway-couriers-conditions-of-carriage-april-2019.pdf
You will become the owner of the Products you have ordered on delivery to you, as long as we have received payment in full for those Products.
CHANGES TO YOUR ORDER, CANCELLATION RIGHTS AND RETURNS
We package our Products in the most environmentally friendly manner possible, in keeping with our company ethos, and so do not use large quantities of wrapping or packaging. Evove products are hand packaged and therefore receive individual quality control checking procedures.
For this reason, coupled with the hygiene issues associated with our Products we do not accept the return of any products.
We do accept that you may change your mind after having purchased one of our Products, and so you are entitled to cancel or change your Order at any time before we send you a dispatch confirmation email by emailing hello@evogal.co.za
As long as you contact us before we have sent you a dispatch confirmation email, we will process any changes you request to your Order and you will be entitled to receive (a) a full refund of the monies paid to us for those Products in the event that you cancel your Order; or (b) a refund of the difference in the monies paid in the event you change your Order and the new Order is of a lower value. We aim to process refunds within thirty (30) days from the date of receipt by us of your notification to change or cancel your Order.
Once your Order has been dispatched by us you will not be able to change or cancel that Order.
ADDITIONAL OBLIGATIONS
You acknowledge that you are solely responsible and liable for any use of our Website, and you agree not to use any of the information or content on our Website or which we provide to you for any commercial purposes, unless we have agreed otherwise (for example where you sign up as a Evogal affiliate). You also agree that your use of our Website will not infringe any rights of any third parties.
EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
Subject to the other provisions in this section, if we fail to comply with any of our obligations in these Terms our liability to you will be limited to price paid by you for the particular Order to which the failure relates, and any losses that you suffer as a result of our failure to comply and which are a foreseeable consequence of our failure.
We will not be liable for losses that result from our failure to comply with these Terms and which fall into the following categories: (a) consequential, indirect, or special losses; (b) loss of income or revenue; (c) loss of business; (d) loss of profits; (e) loss of anticipated savings; (f) loss of data; or (g) waste of management or office time. However, nothing in these Terms will prevent claims for foreseeable loss of or damage to your tangible property or any other claims for direct loss that are not excluded under this section.
Nothing in these Terms excludes or limits Evove’s liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, any breach of the obligations imposed by section 12 of the Sale of Goods Act 1979 or any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
The information and materials posted on our Website in relation to us and our Products are intended as guidance only.
If you contact our Advice Service you accept that the advice given will depend entirely on the information you provide, and that our advisors are entitled to rely on the information you give them. Any omissions or inaccuracies will prevent our advisors from being in a position to advise you properly so please ensure you give them all relevant information. If you have any concerns about using our products, any specific medical queries, or any existing medical conditions then you should contact your GP or gynaecologist before using any of our Products.
Our Advice Service is offered solely in support of the use of our Products.
We appreciate that users of our Products may wish to share their experiences and thoughts on social media, forums and elsewhere. However, we cannot be held responsible for any claims about or descriptions of our Products made by third parties on any website, forum, social media, electronic, printed or other media, including any statements or advice on how our Products work or how they should be used, and we expressly exclude any liability in respect of any claim arising as a result of reliance on any third party’s published information. If you have any questions about any of our Products or how to use them, please do not hesitate to contact us or refer to our Website before you place an Order.
INTELLECTUAL PROPERTY RIGHTS
All rights, including Intellectual Property Rights, in and to EvoGal, the products sold on our Website, the content in our Website and all other information and materials which relate to EvoGal and our products are owned by EvoGal.
Unless we have given you consent in writing to do so, we ask that you do not (a) reproduce, copy, edit, transmit, upload or incorporate any part of our Website into any other materials, (b) remove, modify, alter or use any registered or unregistered marks, logos or designs owned by us or our licensors, and (c) do anything which may be seen to take unfair advantage of our goodwill and reputation or could be considered an infringement of any of the Intellectual Property Rights owned by or licensed to EvoGal.
EVENTS OUTSIDE OUR CONTROL
Unfortunately, from time to time things happen that are out of our control and which prevent us from being able to fulfil all of our obligations. Some examples include strikes or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, limitations on the use of railways, shipping, aircraft, motor transport or other means of public or private transport, limitations on the use of public or private telecommunications networks, or the acts, legislation, regulations or restrictions of any government.
Where any events, acts or omissions occur that are outside our reasonable control, we will be entitled to an extension in the performance of our obligations to you. We will make every effort to bring any such event to a close if we are able to, or else to find an alternative solution in order to fulfil our obligations, wherever possible.
NOTICES
If you wish to give us notice in accordance with any of these Terms, please do so by sending an email to hello@evogal.co.za. Notices will be considered one (1) business day after transmission by email.
QUERIES, COMMENTS AND COMPLAINTS
If you have any comments, queries, or complaints to make, or you believe that we have breached these Terms, you can e-mail us at hello@evogal.co.za