Terms | evolutionhydraulics

Evolution Hydraulics Ltd – Terms and Conditions

1. About us

These websites www.evolution-hydraulics.com & www.evo-ayc.com are owned and operated by:

Evolution Hydraulics Ltd ,Keyworth, Nottingham, UK

Registered in England - 09075906

If you need to contact us please use the details above.

2. Make a Contract with us

2.1 Orders placed via our online shop are mere offers to purchase and shall not be accepted or binding upon us until confirmed or acknowledged in writing by us by means of invoice or statement. The automatically produced order confirmation email is purely an acknowledgement that you have submitted your order and allows you to check that you have entered all information correctly. We retain the right to cancel any order at any time. If payment has been made, we will provide a full refund immediately.

2.2 Images of products on this website are for illustrative purposes only. Your goods may vary slightly from the image shown on the website and will not include any of the pictured accessories, unless stated in the specification of the goods. Whilst goods may be shown assembled they may require assembly by you.

2.3 We have made every effort to display as accurately as possible the colours of our products that appear on this website. However, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the actual goods.

2.4 Whilst we try to be as accurate as possible, all information provided is approximate and is provided in good faith.

2.5 This contract is covered by English law.

2.6 By placing an order with us, you agree to and accept these terms, as well as our privacy policy and the terms of website use.

3. How to place order

3.1 You can use our website to place an order by selecting the product you wish to buy and adding it to your basket. Items you do not require can be removed from your basket at any time.

3.2 Carriage charges will be shown prior to you placing your order.

3.3 You will be required to pay for the goods in full at the time of ordering.

3.4 We use secure payment facilities for online purchases. You can pay for your order by PayPal, please ensure your method of payment is accepted before purchasing goods.

3.5 Promotional prices only apply during the period stated.

3.6 All prices quoted on our website are in UK pounds (GBP £)

3.7 Once your order has been confirmed, changes may not be possible or may incur additional charges or delays.

3.8 Once your order is complete we will notify you dispatch and any tracking information.

4. Delivery & Carriage Charges

4.1 Goods will normally be dispatched from our unit within 1-3 working days, sometimes same day and any estimated dispatch date is a an estimate, which can change without notice.

4.2 Please allow up to 20 working days for goods to be delivered, International orders must allow up to 40 working days for delivery. Although these are worst case scenarios we will always try and have your goods delivered as soon as possible.

4.3 Please note, any customs charges, import charges, and or taxation is the responsibility of the purchaser & is NOT included in shipping and item prices.

4.4 We will deliver the goods to the premises that are registered with PayPal. You must be at the registered address to accept delivery of your order, which is normally between 9:00am and 6:00pm Monday-Friday. Goods may or may not be required to be signed for upon receipt. We will not accept responsibility for loss or damage if you instruct the delivery company to leave the goods unattended.

4.5 After any failed delivery attempts (or if you are not at home for an agreed delivery) the goods may be returned to us, we reserve the right to charge you an additional re-delivery charge. Goods may also be left at your local Post Office for collection.

4.6 Please check the goods on delivery - any goods found to be missing or damaged should be notified to the delivery driver at the time of delivery and ourselves within a reasonable time.

4.7 If the goods are lost or damaged in transit, please let us know promptly.

4.8 Sometimes, for reasons beyond our control we may be prevented from delivering your goods as planned. These might include things such as accidents, breakdowns, fire, flood, storm, severe weather, acts of god, war, riot, civil commotion, malicious damage or the default of our suppliers. We will try to put things right as soon as possible however we can’t be responsible where this causes a delay or failure in delivering your goods.

4.9 Time is not the essence of the contract unless expressly stated otherwise in writing by a Director of the Company.

5. Cancellation and returns

5.1 This policy does not apply to goods ordered by businesses which are exempt from the Distance Selling Regulations, or the following goods which are exempt from the right to cancel. Any items which have been personalized or modified to your specification,

5.2 You can cancel your contract at any time up to 14 days after the day of delivery. To do this, please e-mail us.

5.3 You do not have to give any reason for cancellation. However, a brief explanation will help us to improve the service we offer to customers in the future.

5.4 If you cancel, you must return the goods within 14 days of cancellation, complete with the original packaging, and the invoice to us at your own expense. You must ensure that the goods are packaged adequately to protect against damage.

5.5 You may properly examine the goods for 14 days, however you may not return any goods that have been installed unless they are faulty.

5.6 If you fail to return the goods, we will collect them, and we will charge you the direct cost of collection. If you fail to take reasonable care of the goods before they are returned to us, and this results in damage or deterioration, we will charge you for the reduction in value. If any goods are returned soiled, in anyway, there will be a 25% charge to the full value of the goods to enable us to clean / test and ensure that they are in a resalable condition.

5.7 We will refund all monies paid to us by you including any postage / carriage within 30 days, less any costs due under this contract.

5.8 Business customers, or customers exempt from the distance selling regulations may not cancel an order without our mutual agreement. This cancellation policy does not affect your legal rights - for example, if goods are faulty or incorrectly described.

5.9 The solenoid repair service that we offer is discussed before any work is carried out. In this discussion it will be made clear which parts we require to carry out the service. If these parts are not sent by the client and/or there are missing pieces which results in us being unable to carry out the repair, and we do not have stock of such pieces to enable us to carry out the repair to the solenoid(s) shipment back to the client of incomplete valves and valves that haven't been repaired will be chargeable. Shipping charges is only included in the final price once the valves have been repaired by us.

5.10 The motor exchange service whereby we offer up to £100 back for the return of your motor assumes the following: The motor must be unopened and not damaged, the unit must be serviceable, i.e. the rotor, brush holder, internal magnets are not damaged in anyway. If ANY damage to these items the maximum we will offer back is £50. Motors sold by us either exchange or not carry a 1 month guarantee and assume the pump that they are fitted to is in good working order and not causing excessive load on the motor, if this is the case guarantee is void.

6. Faulty Goods / Guarantee

6.1 If there is a problem with the goods, please notify us by email providing details of the problem. Its helpful if you can provide us with a digital photograph of the problem as this normally saves you having to return the goods for inspection. We will deal with the matter in accordance with your legal rights.

6.2 All goods are covered by a warranty against faulty workmanship and materials, provided that the goods have been used for their intended purpose and any instructions provided with the goods are followed, as always if you are unsure, stop, and contact us.

6.3 The warranty is provided in addition to the rights that the law says you have as a consumer and accordingly, your statutory rights are not affected.

6.4 If an exchange is necessary, this will be arranged without unreasonable delay and without charge. Replacement goods will not be dispatched until the original goods have been received at our unit and checked. The cost of returning goods to us is your responsibility, however on inspection we will refund your reasonable postage costs, providing that the goods are found to be faulty. If the goods are not faulty, we will return them to you, however you will be required to cover our reasonable postage costs.

6.5 All valve necks are covered for 3 years from breakages, i.e. shearing and snapping. Although materials used to make our goods are corrosion resistant, different environments may cause premature corrosion, with this in mind our parts are classed as service parts and their lifespan will vary, sometimes dramatically because of this.

6.6 Any pumps repaired by us come with 1 month warranty, any pumps supplied by us come with a 3 month warranty. Any pumps returned to us with problems which turn out to be due to contamination introduced into the pump are not covered by any warranty. Pump warranty assumes they are installed by a Mitsubishi trained mechanic / specialist. Motors sold by us either exchange or not carry a 1 month guarantee and assume the pump that they are fitted to is in good working order and not causing excessive load on the motor, if this is the case guarantee is void.

6.7 If an item is no longer available we will offer an alternative. However our liability will be to replace the faulty goods only and we are unable to guarantee an exact match. In this instance you will have the option of a refund.

6.8 Goods returned under warranty must be accompanied by a valid proof of purchase and must be returned carriage paid. If it is decided that a warranty claim is not valid then we will not be liable for any compensation. We will not accept any liability for any labour or associated costs involved in a warranty claim.

6.9 Any Guarantee or warranty will be upheld or discounted in accordance with our liability policy in section 7.

6.10 Any Guarantee or warranty will be upheld providing contractual information is still retained in accordance with our privacy policy.

7. Liability

7.1 The products sold on this website have been designed to comply with all relevant UK legislation. We cannot warrant or represent that they comply with any legal requirement outside the UK.

7.2 WE DO NOT ACCEPT LIABILTY FOR ANY CONSEQUENTIAL LOSS OF PROFIT OR INDIRECT LOSSES.

7.3 ALL PARTS SHOULD BE FITTED/ USED BY A COMPETENT PERSON, WITH SKILLS AND EXPERIENCE WITHIN THE FIELD OF MECHANICAL/ELECTRICAL ENGINEERING, MECHANICAL MAINTENANCE OR EQUIVALENT . WE WILL NOT ACCEPT LIABILITY FROM FAULTS, PROBLEMS AND/OR CONSEQUENTIAL FAULTS/LOSS AIRISING FROM INCORRECT FITTING AND/OR POOR FITTING TECHNIQUES.

7.4 NO LIABILITY IS ACCEPTED BY EVOLUTION HYDRAULICS LTD WHERE PURCHASERS ATTEMPT TO MODIFY OR INSTALL COMPONENTS WHERE IT IS KNOWN OR OUGHT REASONABLY TO BE KNOWN TO THE PURCHASER THAT THE PART IS INCORRECTLY SUPPLIED OR OTHERWISE NOT IN ACCORDANCE WITH THE ORDER.

7.5 UNDER NO CIRCUMSTANCES WILL EVOLUTION HYDRAULICS LTD BE HELD LIABLE FOR ANY FITTING CHARGES INCURRED BY THE PURCHASER. IT IS THE PURCHASERS RESPONSIBILITY TO ENSURE HE/SHE HAS THE CORRECT PARTS PRIOR TO FITTING. THIS CAN BE AS SIMPLE AS COMPARING SHAPE AND SIZE OF THE NEW ITEMS WITH THE PARTS TO BE REMOVED FROM THE CAR.

7.6 ADVICE GIVEN BY EVOLUTION HYDRAULICS LTD BY EMAIL IS BASED ENTIRELY UPON INFORMATION GIVEN BY THE PURCHASER WITH NO INSPECTION UNDERTAKEN. AS SUCH, ALL ADVICE GIVEN IS INDICATIVE ONLY AND SHOULD BE CHECKED BY THE PURCHASER PRIOR TO ORDER. WHERE ADVICE IS GIVEN AFTER VISUAL INSPECTION BY EVOLUTION HYDRAULICS LTD SUCH ADVICE SHALL AMOUNT TO AN OPINION ONLY.

9. Trade or Business Customers

The following conditions apply to orders placed by Trade or Business Customers.

9.1 Orders may not be cancelled except with our mutual agreement and having been confirmed in writing by a Director or our company. We reserve the right to make cancellation and/or re-stocking charges.

9.2 Claims for missing or damaged items must be made within 2 days of delivery.

1. Use of Website

1.1 You are permitted to use our website for your own purposes and to print and download material from this Website provided that you do not modify any content without our consent. Material on this website must not be republished online or off-line without our permission.

1.2 The copyright and other intellectual property rights in all material on this Website are owned by us and must not be reproduced without our prior consent.

1.3 Subject to paragraph 1.1, no part of this Website may be reproduced without our prior written permission.

2. Visitor Conduct.

2.1 With the exception of personally identifiable information, the use of which is covered under our Privacy Policy , any material you send or post to this Website shall be considered non-proprietary and not confidential. Unless you advise to the contrary we will be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all purposes.

2.2 When using this website you shall not post or send to or from this Website any material for which you have not obtained all necessary consents, is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;

3. Site Uptime

3.1 We take all reasonable steps to ensure that this Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore we will not be liable if this website is unavailable at any time.

4. Links to and from other websites

4.1 Any links to third party websites located on this Website are provided for your convenience only. We have not reviewed each third party website and have no responsibility for such third party websites or their content.

4.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website and you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us.

4.3 If you choose to link to our website in breach of Paragraph 4.2 you shall fully indemnify us for any loss or damage suffered as a result of your actions.

5. Exclusion of Liability

5.1 WE TAKE ALL REASONABLE STEPS TO ENSURE THAT THE INFORMATION ON THIS WEBSITE IS CORRECT. HOWEVER, WE DO NOT GUARANTEE THE CORRECTNESS OR COMPLETENESS OF MATERIAL ON THIS WEBSITE. NEITHER WE NOR ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN PRODUCING, MAINTAINING OR DELIVERING THIS WEBSITE), SHALL BE LIABILITY OR RESPONSIBLE FOR ANY KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY AS A RESULT OF YOUR OR THEIR USE OF OUR WEBSITE. THIS EXCLUSION SHALL INCLUDE SERVICING OR REPAIR COSTS AND, WITHOUT LIMITATION, ANY OTHER DIRECT, INDIRECT OR CONSEQUENTIAL LOSS.

6. Law and Jurisdiction

This Legal Notice shall be governed by and construed in accordance with English law. Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive jurisdiction of England and Wales.