Terms of Service
Welcome to evellyhootd and our Website, evellyhootd.com. These Terms and conditions (\the "Terms\") apply when you as a consumer ( \"You\"), place an order through or use evellyhootd.com and associated pages (the \"Website\"). These Terms constitute an agreement between you and evellyhootd, reg. ( \"evellyhootd\" or \"We\") and by placing an order through or by using the Website you agree to these Terms. We ask that you carefully read the Terms before further use of the Website.
All purchases made through the Website are intended for non-commercial use only and by placing an order through the Website you confirm that you are an end consumer. Upon suspicions of you purchasing for commercial use, evellyhootd reserves the right to request proof of you being an end consumer and to deny or cancel your order until such proof has been provided by you.
PROCESSING OF PERSONAL INFORMATION
When shopping on the Website, we will store some of your personal information in order to carry out your purchase. You have the right to request access to your data, and if any information is incorrect, you can have it changed or removed. evellyhootd does not store or handle any banking or credit card information. We may also use cookies, e.g. to enhance your experience of the Website.
You can read more about how we use personal information and cookies in our privacy policy.
PRICES, FEES AND PAYMENT
After placing an order, We will send a confirmation of your purchase to your email address. We recommend that you save the confirmation to facilitate any contact with our customer support in relation to your purchase.
By placing an order on the Website you confirm that you are over the age of 18. We reserve the right in individual cases to deny or change your order e.g. if you have given false personal information and/or have any record for non-payment of debt.
We accept credit cards such as VISA, Mastercard and other local payment options. If your choice of payment method is not working at the time of your purchase, evellyhootd reserves the right to change payment method.
All prices set out on the Website are including VAT in accordance with applicable legislation. If an order is placed from a country outside of the EU, the prices are excluded VAT. Orders shipped to countries outside of the EU may be subject to local VAT, import duties and/or taxes, which are levied once your package reaches your delivery address. You will be responsible for the payment of such import duties and taxes. The VAT will be based on your total order value, regardless of your order being subject to a campaign. It should be noted that evellyhootd has no control over these charges and, since these charges are different in different countries, evellyhootd cannot predict the amount. Please contact your local customs and/or tax office for more information.
CAMPAIGNS AND OFFERS
evellyhootd may offer you to take part in campaigns where other Terms are applicable. Such Terms apply as long as the campaign is active and for the specific products specified by evellyhootd in connection with the campaign. We reserve the right to at any time cancel a campaign, upon cancelation or expiration of a campaign these Terms will apply. A campaign including only specific items on the Website will last for a limited time and while supplies last.
After a purchase on the Website has been made, evellyhootd will not make any adjustments to the amount paid by you, unless you have received the wrong price due to technical issues/errors on the Website.
Regarding campaigns such as “buy one get one free” you always have to make a full return for a refund, meaning returning all products received under the campaign. If you have taken part in a promotion where you received a discount because your purchase exceeded a certain amount, your refund will be adjusted according to the conditions of such campaign and that prevailed during your purchase.
DELIVERY AND CANCELLATION
We ship our products worldwide and the estimated delivery date depends on the country and the shipping alternative you choose. In the event that the delivery is delayed, which causes you to no longer wish to complete the purchase, the responsibility is yours to make a cancellation. You shall contact evellyhootd’s customer support and a cancellation is not valid until you have received a confirmation from evellyhootd. In the event that the item has already been processed, you are obliged to receive the order. This does not limit your right to cancel the order.
If a product is no longer offered, evellyhootd has the right to cancel the purchase and issue a refund. We will notify you of a refund or if a similar product is available. evellyhootd's responsibility for errors in connection with delivery is limited to what is set out in these Terms.
In the event that an order is delivered to a pick-up point and you fail to retrieve the package in time, We reserve the right to take out a fee to cover any additional costs.
If your product has been damaged during transport, you must report it as promptly as possible to evellyhootd’s customer support.
RIGHT OF WITHDRAWAL
You have the right to withdraw your purchase for a full refund within 14 days from receiving your order by returning your product. Your right to withdraw your order or to exchange a product is provided the product and packaging is in the same condition as when you received it and in its original containers with labels and protective stickers intact. This does not limit your right to carefully open and examine the product. However, if the product is not in such condition that can be expected upon the return, We have the right to deduct an amount from the refund corresponding to the product’s decline in value.
Your right to withdrawal does not apply in relation to such products that have been produced according to your special requirements or which are clearly tailored to your personal wishes, e.g. products with a customized variation or print, such as personalized monograms, nor to products that cannot be returned due to health or hygiene reasons (eg. Face masks).
For the withdrawal to be processed by evellyhootd, you have to report it to evellyhootd’s customer support by filling out the information requested via the following link https://evellyhootd.com/returns
We will pay your refund as promptly as possible, but no later than within 14 days from the date we’ve received the product and registered the return or you have proven that the product has been sent back. The refund will be made to the source of original purchase, unless otherwise agreed or deemed necessary. Please note that products purchased directly from our Website cannot be exchanged at a local store. Please note that you will be responsible for paying the freight for the return package.
WARRANTY
evellyhootd offers a one (1) year warranty in relation to all products sold on the Website. The warranty covers manufacturing defects limited to product fitting, stitching and adhesives.
Note that evellyhootd's warranty does not cover defects or damage caused by
- Outer circumstances such as e.g. loss, heat, fire, water or other fluids;
- misuse or improper use including dropping the product causing e.g. dents, broken or crushed parts etc.;
- esthetical changes that occur due to normal wear and tear and aging such as e.g. scratches, alteration of the color, worn leather and flaking paint; or
repair or modifications to the product not carried out by evellyhootd.
Failure to follow any user and care instructions will void this warranty. Please note this warranty does not restrict or replace any applicable mandatory legal warranty provided by law.
If you wish to make a claim under this section, fill out the information requested via the customerservice@evellyhootd.com
Once We have received your claim, We will process it and return with further instructions. We recommend that you send your claim as promptly as possible after you have noticed the damage or defect. Your claim is subject to repair, replacement or refund. If a particular product is no longer in stock, you have the right to replace the product with a product of a similar model or design or the right to be refunded.
In the event that no defect or damage as set out in this warranty is discovered upon evellyhootd’s examination, your claim will be denied and We will charge a fee for the cost of returning the product. All attempts at fraud will be reported to the authorities. evellyhootd reserves the right to not process your claim if an attempt at fraud is suspected.
DISCLAIMER
evellyhootd has no responsibility in relation to errors in images, product description or technical specifications, incorrect prices or discount codes and price adjustments (such as changes in prices from suppliers or currency fluctuations), or inaccurate information regarding whether an item is in stock set out on the Website. evellyhootd has the right to correct any such errors and to change or update information at any time. If an incorrect price has been entered for an item that you have ordered, We will notify you and await your approval of the corrected price before continuing with the order.
All pictures on the Website must be exclusively seen as illustrations. Such illustrations cannot be guaranteed to reproduce the goods you receive, or the product's exact appearance, features or origin.
The Website and all the content on it is owned by evellyhootd or its licensors. The information and all content is protected by intellectual property and marketing laws. This means that trademarks, trade names, product names, images, graphics, design, layout, and information about products, services, and all other content (excluding user generated content) may not be copied or used without written approval from evellyhootd.
evellyhootd is not liable for any damage on other items caused by your use of the purchased products or any loss suffered by you caused by the same provided your use has been made in accordance with any applicable user guidelines and with proper care. You are responsible for a product being non-defective before use.
Our liability to you for any loss or damage arising in connection with your order on the Website is limited to the total amount of your order. evellyhootd has no liability for indirect losses.
USER-GENERATED CONTENT
We love seeing you wear evellyhootd’s products to suit your own style and want to share them with our community for inspiration. We would share these images on our channels and publish on the product page of our website, and in some cases, we may also publish on one of our other channels, e.g. Instagram, Facebook, Newsletters or in a retail environment.
By responding to our request with the hashtag #evellyhootd, you agree to the following;
You provide evellyhootd a non-exclusive, royalty-free, unlimited in time and worldwide license to use any pictures that you have responded to with #evellyhootd (the ”Picture(s)""), in our marketing and/or advertising, including but not limited to the gallery on our website, newsletters, social media, catalogues, emails, brand's stores (e.g. Amazon), in retail stores and other customer communications.
You warrant and represent that you own all rights to the Picture(s), that you have been granted permission from any person appearing in your Picture(s) to transfer the rights and for the Picture(s) to be used as set out herein, and that the use of your Picture(s) by evellyhootd will not violate any third party rights or any law.
You release evellyhootd from any obligations to pay you for the grant of the rights and use of the Picture(s) and the intellectual property rights associated with the above-described uses.
You can always reach out to us on matters of privacy and data protection by contacting us at: customerservice@evellyhootd.com
OWNERSHIP
All products sold through the Website remain evellyhootd’s property until full payment has been received. All attempts at fraud will be reported to the authorities. evellyhootd reserves the right to cancel a purchase if fraud is suspected.
FORCE MAJEURE
evellyhootd shall not be liable for any damages, loss or penalties caused by the non-performance in accordance with these Terms due to circumstances out of its control including but not limited to in case of war, warlike events, civil war, revolution, rebellion, government action, strike, lockout, blockade, natural catastrophes or similar event, technical problems, failure of electrical / telecommunications / data communications or other communications, as well as defects or delays in services from subcontractors due to circumstances stated herein. If such circumstances occur, We will try to inform you.
GOVERNING LAW AND DISPUTE RESOLUTION
These Terms and your use of the Website are construed under and governed by the substantial laws of Ireland. Any dispute arising from or in connection with these Terms and your use of the Website shall be finally settled by Ireland court. Notwithstanding the above, evellyhootd has the right to, at its sole discretion, choose to take legal action against a consumer where the consumer has its permanent residence.
If any provision of these Terms is found to be invalid or unenforceable (partly or in whole), the provision in question shall be enforceable to the extent permitted by applicable law. The remaining Terms, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall not in no way be affected.
CHANGES TO THE TERMS
evellyhootd reserves the right to modify these Terms at any time. Any changes to these Terms will be posted on the Website. Changes apply from the time they are set out on the Website and are able for you to review.
evellyhootd Support Email: customerservice@evellyhootd.com