TERMS & CONDITIONS
This page informs you about the terms and conditions of this website.
These terms and conditions (“Terms”, “Terms of Service”) govern your use of our website located at Evokelingerie.com operated by Evoke Lingerie (together or individually “Service”) and will apply for the use of this website and any contract between us and you. If you do not agree with (or cannot comply with) Agreements, then you may not use the Service. Please read carefully before placing any order.
1- COMMUNICATION
By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at contact@evokelingerie.com.
2- PURCHASE/ORDER
If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
When you place an order you will automatically receive a confirmation email from us to confirm your order status. Your order constitutes an offer made to us to purchase the goods specified in the order.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. Prior to the cancellation or refusal of your order, an email will be sent to you informing you about the reason of that decision. If we do not receive any answer from you within 48h, we will apply that decision. We recommend to our customers to use a real email address so we can reach them, and check their mailboxes within 1-3 working days after their purchase.
We reserve the right to delay, refuse or cancel your order where a transaction contains incomplete details or details that cannot be verified and if fraud or an unauthorized or illegal transaction is suspected.
Any order shall be accepted entirely at our discretion and shall constitute a legally binding contract between us and you and such contract is hereafter referred to in these terms and conditions as “a purchase/order”.
3- SHIPPING AND CUSTOMS DUTY
All orders received are shipped from our warehouse in UK or EU after confirmation of payment and subject to availability within 2-3 working days. Orders that include several items will be sent in a single shipment or different shipment if necessary. Delivery times vary between 3 and 7 working days depending of the customer’s deliveries choice in UE, UK and US and from 7 to 12 working days for the rest of the world. We cannot guarantee these delivery times, although we try to ensure that transport companies meet them whenever possible. We reserve the right to ship products at a later date where the product ordered is not in stock at the time of purchase. If we are out of stock of a particular item but are expecting a delivery from the manufacturer, you can still place an order. The wait time for new supplies is usually two to three weeks, but it can occasionally be longer. (we do operate a back order system, please see 4 for further details)
Unfortunately, manufacturers do sometimes discontinue lines with no advance warning. We have no control over this but will let you know if we are no longer able to fulfil an order.
will not be responsible for any failure to any of our obligations under a contract that is caused by an Event Outside Our Control. If this takes place we will contact you immediately and our obligations under a contract will be suspended. If the Event Outside Our Control affects the delivery of products, we will arrange a new delivery date with you after the Event Outside Our Control is over. You will have the choice to cancel during that period. If you choose to cancel, you will have to return the product you have already received in the original package (at our cost) and a refund will be processed, including the delivery charges.
Note: Customs duties clearance procedures are not included in the delivery times and fees.
4- BACK ORDER
When an order is placed, we will endeavour to fulfil your full order within 2-3 working days. We do operate a backorder system for some products. If we are waiting for a delivery from our suppliers, we will dispatch any items not in stock as soon as they arrive. Customers must opt out if they do not which their orders to be automatically placed on back order. Should you wish to opt out, please email us: contact@evokelingerie.com
5- PROMOTIONS
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.
Sales or Offers: * sales, offers or any kind of discounts cannot be combined. Conditions apply.
We also use coupons for promotion. Our coupons are:
- Individual use only, the coupon cannot be used in conjunction with other coupons.
- Exclude sale items, the coupon should not apply to items on sale. Per-item coupons will only work if the item is not on sale. Per-basket coupons will only work if there are items in the basket that are not on sale.
- Unlimited usage per coupon.
- 1 usage limit per user.
- Apply to all qualifying items in basket.
6- RETURNS AND REFUNDS
Evoke Lingerie allows you to exercise your legal right as a customer to cancel or return any order. Under the European Directive on Consumer Rights (EDCR) your statutory minimum cancellation or return period is 14 days from receipt of your order.
Items are eligible for return within 14 days of their delivery date. We will only accept returns if the items are in their original and perfect condition, unsealed material and they must be unwashed and unworn. For products that include app download codes, it will be a requirement not to have downloaded them in order to proceed with the full refund. Of course, if an item arrives in a damaged state, notify us immediately and you will be refunded the entire cost of the item. We issue refunds within 14 calendar days of receipt of the order.
We will not accept returns of products in blister packs or heat-sealed products, and other products with a broken factory security seal.
If we are unable to reasonably ascertain these details or resolve these issues a full refund will be made against the card used at the time of purchase. No other form of refund or credit will be offered nor will a refund be made to any third party card or account.
The above conditions do not waive the right to warranty or exchange of defective products. Evoke Lingerie reserves the right to refuse the return if any anomaly is detected in the returned product.
7- CONTENT
Evoke Lingerie allows you to access the content, information and services contained within the website.
Content found on or through this Service are the property of Evoke Lingerie or used with permission. Evoke Lingerie does not allow you to distribute, modify, transmit, reuse, download, repost, copy, or use our Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
This website is the copyright of Evokelingerie.com.
8- PROHIBITED USES
You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:
0.1. In any way that violates any applicable national or international law or regulation.
0.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
0.3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
0.4. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
0.5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
0.6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
Additionally, you agree not to:
0.1. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
0.2. Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
0.3. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
0.4. Use any device, software, or routine that interferes with the proper working of Service.
0.5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
0.6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
0.7. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
0.8. Take any action that may damage or falsify Company rating.
0.9. Otherwise attempt to interfere with the proper working of Service.
9- ANALYTICS
We may use third-party Service Providers to monitor and analyse the use of our Service.
10- NO USE BY MINORS
Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.
11- ACCOUNT
When you create an account with us, you guarantee that you are above the legal age of majority or above the age of 18, whichever is higher, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
12- INTELLECTUAL PROPERTY
Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Evoke Lingerie and its licensors. Service is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of Evoke Lingerie.
13- COPYRIGHT POLICY
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to contact@evokelingerie.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “Digital Millennium Copyright Act (DMCA) Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.
14- DMCA NOTICE AND PEOCEDURE FOR COPYRIGHT INFRIGEMENT CLAIMS
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing for further detail:
0.1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
0.2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
0.3. identification of the URL or other specific location on Service where the material that you claim is infringing is located;
0.4. your address, telephone number, and email address;
0.5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
0.6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at contact@evokelingerie.com.
15- ERROR REPORTING AND FEEDBACK
You may provide us either directly at contact@evokelingerie.com or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialise) Feedback in any manner and for any purpose.
16- LINKS TO OTHER WEB SITES
Our Service may contain links to third party web sites or services that are not owned or controlled by Evoke Lingerie.
Evoke Lingerie has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such third-party web sites or services.
We strongly advise you to read the terms of service and privacy policies pf any third-party web sites or services that you visit.
17- DISCLAIMER OF WARRANTY
These services are provided by company, Evoke Lingerie on an “as is” and “as available” basis. company makes no representations or warranties of any kind, express or implied, as to the operation of their services, or the information, content or materials included therein. You expressly agree that your use of these services, their content, and any services or items obtained from us is at your sole risk.
Neither Evoke Lingerie nor any person associated with us makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the services or products. Without limiting the foregoing, neither company nor anyone associated with company represents or warrants that the services, their content, or any services or items obtained through the services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the services or the server that makes it available are free of viruses or other harmful components or that the services or any services or items obtained through the services will otherwise meet your needs or expectations.
The guarantee does not cover defects caused by incorrect use of the product and/or handling of the product other than what is necessary to establish its nature, characteristics or operation. In such cases, the consumer shall be responsible for repairing the product. They are, therefore, excluded from the guarantee:
- Defects and deterioration caused by external events, accidents, mainly electrical accidents, wear and tear and use not in accordance with Evoke Lingerie’s instructions.
- Products modified or repaired by the customer or any other person not authorised by Evoke Lingerie, as well as products which are the subject of a specific support contract.
Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
18- LIMITATION OF LIABILITY
Except as prohibited by law, you will hold us and our officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including attorneys’ fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from this agreement and any violation by you of any federal, state, or local laws, statutes, rules, or regulations, even if company has been previously advised of the possibility of such damage. Except as prohibited by law, if there is liability found on the part of company, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages. Some states do not allow the exclusion or limitation of punitive, incidental or consequential.
19- TERMINATION
We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
If you wish to terminate your account, you may simply discontinue using Service.
All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
20- GOVERNING LAW
These Terms shall be governed and construed in accordance with the laws of United Kingdom and/or France which governing law applies to agreement without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
21- CHANGES TO SERVICE
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.
22- AMENDEMENTS TO TERMS
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorised to use Service.
23- WAIVER AND SEVERABILITY
No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
24- ACKNOWLEDGEMENT
By using service or other services provided by us, you acknowledge that you have read these terms of service and agree to be bound by them.
25- CONTACT US
If you have any general questions about the Site or the Services, you can contact us at contact@evokelingerie.com