Termini e condizioni del servizio
OVERVIEW
This website is operated by EV8 SoCal. Throughout the site, the terms “we”, “us” and “our” refer to EV8 SoCal. EV8 SoCal offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
ALL PERSONALIZED AND CUSTOMIZED PRODUCTS OF WWW.EV8SOCAL.COM CANNOT BE RETURNED OR REFUNDED
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: [LINK TO REFUND POLICY]
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Refund Policy: [LINK TO REFUND POLICY]
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: [LINK TO PRIVACY POLICY]
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall EV8 SoCal, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless EV8 SoCal and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at ev8socal@gmail.com.
Our contact information is posted below:
EV8 SoCal
info@ev8socal.com
6265 Greenwhich Drive, 210, San Diego California 92122, United States
EIN 93-4200511
Terms & Conditions
Website Terms and Conditions
Effective Date: September 29, 2020
*Enjoy 15% off select styles under stadiumgoods.com/sale from 9:00am EST 1/7/202s through 9:00pm EST 1/9/2022. All sales are final. Promotional offers and discounts do not apply to shipping and handling, or taxes. EV8 SoCal reserves the right to modify or cancel the offer at any time. Offer is non-transferable and may not be resold. If you violate any of these terms, the offer will be invalid. Offer may not be combined with other offers.
1. Introduction
These terms and conditions (together with the information and policies contained in the Privacy and Cookies Policy, "Customer Service" pages on the website, and all other documents referred in these terms and conditions) (Terms and Conditions) set out the legal terms that apply to your use of the website, any mobile device application or desktop application developed by us or on our behalf (Website(s) or Site(s)), operated by or on behalf of EV8 SoCal LLC d/b/a EV8 SoCal whose registered office is at 6265 Greenwhich Drive, 210, San Diego CA 92122, United States (“EV8 SoCal”, “we”, “us” and “our”), and the services that we provide or are provided by one or more of our third party providers, as more particularly detailed below in Section 3 titled Operation of Website and Services (“Services”).
You may not always be charged in the currency of your local area. To see all currencies in which you will be charged, please reference the country selection menu available on the Site. Your purchase of any of the products offered on the Site (Products) is subject to these Terms and Conditions and by placing an order for any Product you agree to be bound by them. You should print a copy of these Terms and Conditions for future reference. Use of your personal information submitted to or via the Site is governed by our Privacy and Cookies Policy.
EV8 SoCal reserves the right to change any of the terms of these Terms and Conditions, including policies incorporated by reference herein (unless otherwise specified by EV8 SoCal in such policies), at any time and in our sole discretion. If we modify these Terms and Conditions, we will update the Terms on the Site and will provide notice of the modification either by email or through a general notice on the Site. We will also update the “Effective Date” at the top of these Terms and Conditions. Please review this page and these Terms and Conditions from time to time so you are aware of any changes. By continuing to access or use the Services after we have modified the Terms, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, please cease using the Service.
2. Access to the Site
It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the Site and is compatible with the Site. In order to use the Services you must be over 18 years of age.
We may, from time to time, restrict access to certain features, parts or content of the Site, or the entire Site, to users who have registered with us. You must ensure that all registration details you provide to us are accurate and up to date. If you choose, or you are provided with, a log-on ID (such as a username and/or password or other identifier) as part of our security procedures, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorized use or other security breach of which you become aware. We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms and Conditions or if any details you provide for the purposes of registering as a user prove to be false.
3. About Us and Operation of Website and Services
a. About us
We provide the Services, except for the Services outlined in section 3(b) below, to you through the Website. When you purchase Products using the Website, you are purchasing them from third-party consignors on our Site or from us. It is important that you understand certain contracts for the purchase of the products may be between you and the relevant consignor. In certain transactions, we are acting as agent on behalf of the consignors, which are the principals, and we are authorized by the relevant consignors to conclude the contract on their behalf but we are not a party to that contract and you are not purchasing the products from us. Further details about the products, in relation to your purchase of the products are set out in sections 4 and 5 below.
b. Operation of Website and delivery of Services
The Website is owned and operated by or on behalf of EV8 SoCal. EV8 SoCal has subcontracted the operation of certain aspects of the Website to Black & White, a division of EV8 SoCal, to EV8 SoCal and/or to other EV8 SoCal entities. As such, EV8 SoCal provides and/or procures certain services on behalf of EV8 SoCal to enable the operation of the Website and for you to search through the Website and purchase products from the Website. Such Services may include, but are not limited to, payment processing, customer service, hosting, and delivery logistics. The specific EV8 SoCal entity procuring such payment processing services will depend on your location. If you are located in the United States then EV8 SoCal.com US LLC will procure the payment processing services; if you are located anywhere else in the world SoCal.com US LLC will procure the payment processing services. SoCal.com US LLC is a company registered in England and Wales and its registered office is at EV8 SoCal US LLC is a company registered in the USA and its registered office is at ev8socal@gmail.com or contact us at 6265 Greenwhich Drive, 210, San Diego CA 92122, United States.
4. Products
Products, price and availability are subject to change at any time without notice. The prices listed on this Site are not offers to form a contract but merely an advertisement for offers. We attempt to be as accurate as possible in the description of the Products. However, we cannot guarantee that any descriptions are totally accurate, complete, reliable or error-free. Please contact our Customer Service Advisors if you would like more information about a Product. The images of the Products on the Website are for illustrative purposes only. Although we attempt to display the colors accurately, we cannot guarantee that your computer's display of the colors accurately reflects the color of the Products.
As a consumer, you have legal rights in relation to products that are faulty or not as described. Nothing in these Terms and Conditions affect these legal rights except as otherwise expressly set forth herein and allowed by applicable law. The Products sold are supplied for your domestic and private use only. EV8 SoCal does not guarantee, warrant or endorse any product or service not manufactured or performed by EV8 SoCal, nor do we have any liability or responsibility for the quality or performance of any product or service not manufactured or performed by EV8 SoCal. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or registration account to access the Site.
Except as specifically stated on this Site, under no legal theory, tort, contract or otherwise shall EV8 SoCal or any of its directors, officers, employees, related companies, parents, subsidiaries, merchants, content providers, or EV8 SoCal or any of its directors, officers, employees, related companies, subsidiaries, merchants, content providers, or any other party involved in the creation or maintenance of this Site be liable for the following arising out of or in connection with the use of or inability to use this Site: indirect or consequential damages; loss of data, income or profit, loss of business; business interruption, or loss of business opportunity; loss of or damage to property and claims of third parties. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the limitations and exclusions set forth above may not apply to you. Neither EV8 SoCal assume any responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
5. Ordering and availability
Products may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. We may make a charge for delivery which will be shown prior to checkout and your purchase of the products. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the "Pay Now" button on the checkout page.
After placing an order, you will receive an order confirmation email from us acknowledging that we have received your order and giving you an order reference number. Please note that the receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. EV8 SoCal reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.
6. Delivery
Your order will be fulfilled by the delivery date set out in the order confirmation, unless there are exceptional circumstances or a force majeure event.
Your order will be delivered to the delivery address you specify when placing your order.
If your delivery address is geographically remote, for example certain isolated locations or other isolated locations, it is possible that we may not be able to deliver there. If that is the case, we will notify you before we accept your order. We reserve the right not to deliver to any country that is prohibited by applicable export laws. Orders cannot be delivered to PO Box or similar addresses.
Products within a single order cannot be delivered to different addresses.
Deliveries are made by third party carriers contracted by us or EV8 SoCal. Please note that specific carriers may require signature upon delivery.
If you order Product(s) for delivery outside the United States, they may be opened and inspected by customs authorities and may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You 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 your order. In the event that you return an item, the import duties will be refunded if they were originally included in the purchase price. If they were not included then you will responsible for reclaiming duty directly from your local customs office.
Please also note that you are responsible for complying with all applicable laws and regulations of the country for which the Product(s) are destined. We will not be liable for any breach by you of any such laws.
7. Risk and ownership
The Product(s) ordered will be at your risk from the time of delivery or collection (as the case may be). Ownership of the Product(s) ordered will also pass to you on delivery or collection (as the case may be), provided full payment of all sums due in respect of the Product(s), including any delivery charges, has been received.
8. Price and payment
Prices include VAT where applicable, but exclude delivery costs, which will be automatically added (at the cost shown) to the total amount due when you view the items in your shopping cart, and have selected your chosen different delivery method.
Prices and delivery costs are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an order confirmation.
The Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Site may be incorrectly priced. We will normally verify prices as part of our despatch procedures so that, where a Product's correct price is less than our stated price, we will charge you the lower amount; however please note that Product pricing may vary based on consignor. If a Product’s correct price is higher than the price stated on the Site, we will normally, at our discretion, either contact you for instructions before despatching the Product, or reject your order and notify you of such rejection. We reserve the right to cancel your order under these circumstances.
Payment for all orders must be made on the checkout page using an acceptable payment method as set forth on the checkout page.
You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. We also carry out a standard pre-authorization check on your payment card, and Product orders will not be fulfilled until this pre-authorization check has been completed. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for any such charge.
From time to time we may run promotions during which we issue discount codes. These can be used in part-payment of the price of Product(s) ordered online, subject to the Terms and Conditions under which they were issued (as indicated in our relevant promotion from which you got the code). Discount codes can only be used once, and only during the period of validity stated and only in respect of the relevant Product(s) stated. Discount codes cannot be redeemed for cash.
EV8 SoCal reserves the right to cancel any transaction due to unauthorized, altered, fraudulent, or ineligible use of discount and to modify or cancel any promotion due to system error or unforeseen problems at any time. Please read the official rules or terms that may accompany each promotion, offer, coupon, discount, contest and/or sweepstakes. Promotional offers and discounts do not apply to gift cards, shipping and handling, or taxes. Discounts will appear upon checkout and may or may not be eligible to be combined with any other offers or discounts. Special offers, coupons, or discounts cannot be used in conjunction with other offers unless specifically stated in offer official rules.
9. Returns policy
Please see our Returns Policy for information on returns, exchanges, and for further information on cancelling your order under applicable law.
10. Product information
While we have taken reasonable steps to depict Products as accurately as possible through the photographs and other images featured on the Site, the detailing (such as colour, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Product when you receive it.
Any information on the Site regarding sizing of Products is included as a guide only. If you are in any doubt as to the size of any Product you require, we recommend that you contact us prior to placing an order (see Contacting us).
11. What you are allowed to do
You may only use the Site for non-commercial use and only in accordance with these Terms and Conditions. You may retrieve and display content from the Site on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Site and, where they apply, will be displayed on-screen or accessible via a link.
12. What you are not allowed to do
Except to the extent expressly set out in these Terms and Conditions, you are not allowed to:
- 'scrape' content or store content of the Site on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content of the Site;
- remove or change any content of the Site or attempt to circumvent security or interfere with the proper working of the Site or the servers on which it is hosted;
- create links to the Site from any other website, without our prior written consent, although you may link from a website that is operated by you provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your website, or any products or services you offer, you link to (and do not frame or replicate) the home page of the Site, and the linked website does not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party; or
- transmit or post any materials to the Site that are unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party.
You must only use the Site and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates. We reserve the right to remove any links, transmissions, or posts you make to or on the Site in violation of the prohibitions above and to cancel any account without notice as determined in our sole discretion.
All rights granted to you under these Terms and Conditions will terminate immediately in the event that you are in breach of any of them.
13. Intellectual property rights
All intellectual property rights in any content of the Site (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by EV8 SoCal or our licensors. Except as expressly set out here, nothing in these Terms and Conditions gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Site. In the event you print off, copy or store pages from the Site (only as permitted by these Terms and Conditions), you must ensure that any copyright, trademark or other intellectual property right notices contained in the original content are reproduced.
Trademarks
EV8 SoCal is a registered trademark in the United States and other countries. EV8 SoCal trademarks may not be used without the written permission of EV8 SoCal and specifically should not be used in connection with any other product or service, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits EV8 SoCal. All use of any EV8 SoCal trademark, both registered and unregistered, as well as all good will which arises from such use, inures to the sole and exclusive benefit of EV8 SoCal.
Any rights not expressly granted herein are reserved.
Copyright and proprietary rights
All information, including, without limitation the design of the Site, and all information, text, graphics, images, illustrations, logos, designs, icons, photographs, video clips, and written or other materials software and all HTML, CGI and other codes and scripts in any format used to implement, or featured on, the Site (‘Content’) are the property of EV8 SoCal, its merchandise suppliers, or its licensors. The overall design and appearance of this Site is the proprietary trade dress of EV8 SoCal.
The Content of this Site is for personal use only. Permission is granted to electronically copy and to print in hard copy portions of this Site for the sole purpose of placing an order with EV8 SoCal. You may not copy, modify, upload, download, transmit, (re)publish, create derivative works from, sell, re-sell or otherwise distribute or exploit any Content from the Site except as expressly permitted by these Terms. Doing so will violate EV8 SoCal' copyright, trademark and other proprietary rights.
All Content on the Site is protected by United States copyright, trademark and other laws and applicable international treaties and conventions governing intellectual property law. Any and all trademarks, logos, page headers, custom graphics, photographs, button bars, service marks and trade names which EV8 SoCal uses in connection with the Site shall remain the exclusive property of EV8 SoCal. Nothing contained in the Terms shall be deemed to give you any rights in or to any intellectual property of EV8 SoCal. All other trademarks, product names and company names or logos on the Site are the property of their respective owners.
14. Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing EV8 SoCal’ Copyright Agent with the following information in writing: info@ev8socal.com or contact us at 6265 Greenwhich Drive, 210, San Diego CA 92122, United States.
i. A signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
iv. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
v. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
EV8 SoCal’ designated Copyright Agent to receive notifications of claimed infringement is: info@ev8socal.com or contact us at 6265 Greenwhich Drive, 210, San Diego CA 92122, United States. Only DMCA notices should go to the Copyright Agent. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. EV8 SoCal suggests that you consult your legal advisor before filing a notice. Please be aware that there are penalties for false claims under the DMCA. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
15. Communications provided by user
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by EV8 SoCal or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, EV8 SoCal is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. By posting any communication or material on the Site, you assign all own all right, title, and interest by assignment to such content to EV8 SoCal. To the extent such assignment is ineffective for any reason you grant EV8 SoCal and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such reviews and comments in an unlimited manner. You also grant EV8 SoCal and its affiliates and sublicensees the right to use the name that you submit with any review or comment, if any, in connection with such communication.
16. Indemnification
You agree to defend, indemnify and hold harmless EV8 SoCal and its directors, officers, employees, agents, assigns and its directors, officers, employees, agents, and assigns against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees and costs, arising from or related to your use of the Site or any material or content you post to the Site.
17. Content and Disclaimer
We may change the format of the Site and/or Content from time to time. You expressly acknowledge and agree that your use of the Site is on an 'as is' and 'as available' basis and at your sole risk.
While we try to make sure that all information contained on the Site (other than any user-generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.
We make no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any Content and, to the fullest extent permitted by law, EV8 SoCal disclaims all such representations and warranties, including but not limited to warranties of merchantability and fitness for a particular purpose ,all implied warranties, conditions and other terms of any kind and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Site or relying on any of its Content. Some jurisdictions do not allow the exclusion of implied warranties in certain circumstances, so the above exclusion may not apply to you. In addition, EV8 SoCal does not represent or warrant that the information or merchandise provided through this Site is accurate, complete or current.
We cannot and do not guarantee that any Content or anything on the Site will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.
18. External links
The Site may, from time to time, include links to external sites, which may include links to third party websites, offers and/or promotions. We are not responsible for the content of these third- party sites including without limitation, any link contained in these sites, or any changes or updates to these sites, or for anything provided by them and do not guarantee that they will be continuously available. We are not responsible for webcasting or any other form of transmission received from any of these sites. The fact that we include links to such external sites does not imply any endorsement of or association with any third-party sites or their operators or promoters.
19. Our liability
Except for any liability that, by law, may not be limited or excluded in no event shall we be liable to you for any losses and any liability we do have for losses you suffer arising from any order shall not exceed the purchase price of the relevant Product(s) and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any order that is caused by events outside our reasonable control.
20. Termination
EV8 SoCal reserves the right, in its sole discretion, to terminate your use of the Site and any rights provided to you under these terms at any time, without notice, and accordingly deny you access to the Site for any or no reason in its sole discretion. Upon termination, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials.
21. Governing law; Arbitration
These Terms and Conditions shall be governed and construed in accordance with the laws of the State of New York, without regard to its conflict of laws or choice of laws principles.
Any dispute or claim relating in any way to your use of the Site or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms and Conditions to arbitrate, shall be determined on an individual basis by arbitration in the County of New York in the State of New York before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures unless the parties mutually agree otherwise. Judgment on the award may be entered in any court having jurisdiction. If either Party brings any action or proceeding by reason of any breach or alleged breach of the other party hereunder, the party prevailing in such action or proceeding shall be entitled to recover its reasonable expenses in connection therewith (including without limitation reasonable attorneys’ fees and court costs) from the other Party. The term “prevailing party” means the Party obtaining substantially the relief sought, whether by compromise, settlement or judgment.
The Federal Arbitration Act and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms and Conditions as a court would.
If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
22. General
All notices given by you to us must be given in writing to the address set out at the end of these Terms and Conditions. We may give notice to you at either the email or postal address you provide to us when placing an order.
If we fail to enforce any of our rights, that does not result in a waiver of that right.
If any provision of these Terms and Conditions is found to be unenforceable, all other provisions shall remain unaffected.
These Terms and Conditions may not be varied except with our express written consent.
These Terms and Conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any order.
Contacting us
Please submit any questions you have about these Terms and Conditions or an order you have placed or ordering in general by email to our email, by telephone at between the hours of 9am to 6pm EST Monday to Sunday, or at between the hours of 9am to 6pm GMT Monday - Friday or write to us at:
EV8 SoCal
info@ev8socal.com or contact us at 6265 Greenwhich Drive, 210, San Diego CA 92122, United States
By consenting to EV8 SoCal’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase. If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply. For any questions, please text HELP to the number you received the messages from. You can also contact us at info@ev8socal.com for more information. We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service. Your right to privacy is important to us. You can see our Privacy Policy to determine how we collect and use your personal information.
EV8 SoCal is committed to delivering an exceptional customer experience e in the shortest time possible.
All sneakers are original, personalized and customized by our team of artists.
Please contact us with any questions or needs, we are always at your complete disposal.
RETURN POLICY
We specify that any hand-customized product is not subject to return but we are the only company in the world that, exceptionally, takes into consideration the customer's requests in order to satisfy him so that he is always fully satisfied, therefore we are the the only company in the world of handmade customs that carries out refunds and size changes upon your specific request.
All returned items must comply with our returns policy for a refund to be processed:
• Items must be unworn, unused, unwashed and in the original condition received.
• Authenticity labels on footwear must be intact. If removed, the item will not meet the return policy and will not be refunded.
• Footwear must be returned in the original box provided and packaged inside a protective shipping box.
• Return requests must be sent within 14 days of the delivery date and items must be sent back within 7 days of the request being approved by our team. Items that do not conform or are sent outside of this period are subject to rejection and may be sent back.
If you believe you have received a damaged or defective item, or that a fulfillment error has occurred, please contact us via email and our customer service team will assist you immediately.
Refund procedure:
• return the items as described above and within the times indicated
• as soon as the goods arrive they will be checked by our team and, if everything is compliant, we will proceed with the refund or size exchange, previously defined, in the same way in which the payment was made by you.
HOW TO RETURN
As part of our commitment to reducing our environmental impact, our return instructions are paperless.
We recommend that you return your items using the packaging your order arrived in. If you can't do this, find a suitable alternative. Make sure any branded boxes or cases that came with your order are also protected inside the return packaging.
If you return your item without protecting the designer boxes or cases that came with your order, you may not receive your refund.
REFUND
Please allow up to 3-4 business days from the time your return reaches us for us to inspect and authenticate the items and process your refund. Refunds will be issued to your original payment method, excluding original shipping costs.
HOW CAN I CONTACT YOU?
Our Customer Care team is here for you 7 days a week. Our normal business hours are from 9am-6pm EST Monday through Sunday, and 9am-6pm GMT Monday through Friday. We try to reply to all customer inquiries within 24 hours. You can contact us using the form or sending an email to info@ev8socal.com
We remind you that for any need we are available directly by chat on the site.
Please return the package to this address:
Legal business name
Ev8SoCal Corp
Employer Identification Number (EIN)
934200511
Account owner
Mariachiara Tancioni
Address
6265 Greenwhich Drive, 210, San Diego CA 92122