Terms of Sale
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE ORDERING PRODUCTS ONLINE FROM THE EP PLATFORM. PLEASE, NOTE THAT THESE TERMS OF SALE INCLUDE THE ADDITIONAL TERMS INCORPORATED HEREIN BY REFERENCE.
PLACING ORDERS ON THE PLATFORM
ELIGIBILITY TO ORDER
To place an order on the Platform, you must be of legal age in your country and a consumer – not a reseller.
NO PURCHASE FOR RESALE
The Platform is intended solely for EP to sell EP products direct to end consumers, and therefore purchase of products for resale is strictly prohibited. Purchase for resale means the purchase of EP product by someone who resells, or intends to resell, the EP product to others (consumers, businesses or any third party). If EP believes you are involved in purchase for resale, EP reserves the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your account.
HOW TO ORDER
You need an e-mail address to place an order, and you may need to set your browser to accept both (functional) cookies and pop-ups in order to be able to use all the functionalities of the Website, which includes designing customized items, adding items to your shopping cart and submitting your order.
When you submit an order we will send you an email acknowledging receipt of your order. Our acceptance of the order takes place when the Products are shipped to you – we will send you an email confirming that the Products have been shipped (“Order Confirmation”). At this point a contract, containing these Terms of Sale, comes into existence and is binding on you and us (the “Contract”). We recommend that you print or download a copy of these Terms of Sale and the relevant Order Confirmation for future reference. If we are unable to supply you with a product, we will inform you of this in writing and will not process the order.
OUR RIGHT TO REJECT YOUR ORDER OR CANCEL A CONTRACT
Fulfillment of all orders on the Platform is subject to availability. We explicitly reserve the right not to accept your order for any reason. We also reserve the right to cancel a Contract by written notice to you in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the Contract we cancelled:
the product is not available / in stock;
your billing information is not correct or not verifiable;
your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
your bank transfer payment is not received within 12 calendar days after acceptance of your order;
we believe you are under the legal age in your country;
we believe that you are a reseller;
there was an error in the price displayed on the Platform;
we could not deliver to the address provided by you;
due to an Event Outside Our Control (see below); or
in the event of misspelling, pricing or other errors or mistakes in the Platform information.
When you send us your order, we may run some checks on it before it is fulfilled. These checks may include verifying your address and checking for fraud. We run partly automated checks on all purchases to filter out unusual or suspect transactions, or transactions which can be identified as susceptible to fraud. Suspected fraud on the Platform will be investigated and if necessary prosecuted.
The risk of loss and title for products purchased from EP pass to you upon our delivery to the carrier.
You can find the available payment methods for each country in the help section of EP.com (the “Website”). We do not accept any method of payment other than those listed in the help section. Please do not try to pay by any other way than specified there. If you do, we will not be liable for loss of the payment or any other damages that may result from this action.
Except with respect to pre-ordered products, if you pay by credit/debit card, we will deduct the amount due from your account as soon as your order leaves our warehouse. If you pay by bank transfer (only available for bulk orders), we will start delivery (or manufacturing in the case of customized (Bespoke) products) after we receive your payment. This may take several days. In the event that no payment has been received within 12 calendar days after you submitted your order, your purchase will automatically be cancelled. Payments can only be processed if the billing information can be verified. [See Dominican Republic terms.]
PRICES AND CURRENCY
The product prices displayed on the Platform are inclusive of Value-Added Tax (VAT), as applicable. Shipping rates are applied per order. The exact shipping rates depend on the country where your order is being delivered to. For details on shipping rates per country see the help section of the Website.
Prices are quoted in local currency. If you change the country of delivery while browsing or during check out, prices from that moment may be quoted in a different currency. Please note that changing the country of delivery may have an influence on the price due to a change in currency or to country specific pricing.
YOUR TOTAL PRICE
The total price specified in the final check out screen includes tax and shipping costs. This price will be recorded in the Order Confirmation, which we recommend you print or download for future reference. If paying by credit card, the total amount for your entire order will be reflected on your statement in your local currency.
If your local currency is different from the currency in which the prices are quoted, your bank will apply the exchange rate applicable per the date of purchase. Your bank may apply a different exchange rate, which is beyond our control.
CASH ON DELIVERY (COD)
We do not offer COD options for products sold on EP.com
The prices of the products will be as displayed on the Platform. Prices may change from time to time, but changes will not affect any order which we have confirmed in an Order Confirmation.
SHIPPING & DELIVERY
DELIVERY – WHERE AND WHEN
We do not ship on certain public holidays. Please refer to the help section of the Website for dates and the available delivery times and methods. We can only fulfill an order to a delivery address which is a home or office address in one of the countries listed in the help section of the Website.
Where possible, we try to deliver all items which you have ordered at the same time. However, please note that due to the fact that customized (Bespoke) products are manufactured at different factories, an order for multiple customized (Bespoke) products may result in split shipments.
We reserve the right to split the delivery of your order, for instance if part of your order is delayed or unavailable. In the event that we split your order, we will notify you of our intention to do so by sending you an e-mail to the e-mail address provided by you at the time your order was placed. You may be charged for any additional delivery costs; however, you will be notified prior to the completion of the transaction (sale).
INSPECTION UPON DELIVERY
Upon delivery, please inspect the packaging for damage. If it appears that the products are damaged, please do not accept the shipment.
If you make a purchase that exceeds the threshold relevant to your delivery country, you will receive FREE ‘standard delivery’, or the option of discounted ‘express delivery’. Other conditions may also qualify you for free shipping. See the help section of the Website for threshold amounts and their corresponding discounted delivery rates.
RETURNS & CANCELLATIONS
CANCELLING ORDER BEFORE DELIVERY
You may cancel any order free of charge and without giving us any reason, provided it has not yet been shipped. We begin processing orders placed at our online store almost immediately. If you wish to cancel your order, please check the status of your order first by visiting the “Order status” link at the top right of the Website.
If the status of your order is “Pending” or “On Hold” you may cancel your order by contacting our call center (see help section of the Website). Our consumer service agents will request a cancellation of your order at our warehouse. If successful, they will send you an email and the cancellation will be free of charge. If cancellation is not possible, the product(s) will be delivered to you and may be returned in accordance with the procedure set out below.
Customized (Bespoke) orders cannot be cancelled before shipment, because we start building the customized (Bespoke) products immediately after receiving the order. You are however entitled to return your order, if defective only, in accordance with the return procedures and conditions below.
RETURNING ORDERS AFTER DELIVERY – DEFECTIVE PRODUCTS
You are entitled to return products delivered to you in the event that they are defective or otherwise not in conformity with your order when you received them. This does not affect your statutory rights. In the event your claim is justified, the purchase price and the shipping costs will be refunded. For practical information on how to return, see the help section of the Website.
Refunds will be issued based on the original form of payment. If you paid via bank transfer you need to give this information to Customer Service when you initiate the return so that we can refund the money directly to your account. For practical information on how to return and for refund timelines, see here.
CONDITIONS APPLICABLE TO PRE-ORDERED PRODUCTS
Pre-order is the process by which you are able to order a product in advance of the scheduled retail launch. Due to the nature of pre ordering, the following specific conditions apply to pre-ordered products:
Delivery. Pre-ordered products are targeted to be delivered before the retail launch date, provided that we have received your payment at least 3 working days before such date. Concrete delivery times depend on the moment the product is available in our warehouse. Standard delivery timelines will apply from the moment the pre-ordered product is available in our warehouse. This information is best estimates only, timelines are not binding.
Payment. Your payment will be deducted as soon as the order is received (or, in the event of bank transfer, as soon as possible). We will not start the execution of your order prior to having received payment. For bank transfers this may mean that delivery will be later than set out under the bullet point above.
Product launch date. The scheduled retail launch date (product launch) for your pre-order product can be found in the product description page on the Website.
EVENTS OUTSIDE OUR CONTROL
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms of Sale:
- a) We will contact you as soon as reasonably possible to notify you; and
- b) Our obligations under these general conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
Where the Event Outside Our Control affects Our delivery of a product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over. You may cancel the contract if an Event Outside Our Control takes place and you no longer wish us to provide the products. Please see your cancellation rights under Cancellation above.
OTHER IMPORTANT TERMS
We may transfer our rights and obligations under a contract to another organization, but this will not affect your rights or our obligations under these Terms of Sale.
You may only transfer your rights or your obligations under these Terms of Sale to another person if we agree in writing.
Each of the paragraphs of this Terms of Sale operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms of Sale, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. We will not file a copy of the contract between us.
No Representation or Warranty
Your confidential use of this site cannot be guaranteed by EP. EP shall not be responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect to your use of this site or any information you transmitted to this site.
Normal Web Site Usage
You can visit EP Web site to read our information we provide without telling us who you are and without revealing any personal information. The only information we collect and store during normal Web site usage is the name of your Internet service provider, the browser (including available plug-ins and browser functionality) and type of machine you are using, the IP address, the Web site that referred you to us, the pages you request and the date and time of those requests.
We use this information to generate statistics and measure site activity to improve the usefulness of customer visits. During normal Web site usage, we do not collect or store personally identifiable information such as name, mailing address, e-mail address, phone number or social security number.
Collection of Personally Identifiable Information
There are instances where EP requests personally identifiable information to provide the Web site visitor a service or correspondence. This information, such as name, e-mail address, type of request and possibly additional information, is collected and stored by EP in a manner appropriate to the nature of the data and is used to fulfill your request. The information you provide is used by EP to improve the services we provide you. It is never provided to any other organization or company for that organization’s or companies independent use. EP will never sell your personal information to any other organization or company. Also be sure to note other comments regarding use of information on specific pages within the site.
No Representation or Warranty
EP reserves the right to modify the information contained on this site at any time without notice. While EP makes all reasonable efforts to ensure that all material on this site is correct, accuracy cannot be guaranteed and EP does not assume any responsibility for the accuracy, completeness or authenticity of any information contained on this site. This site and all information and materials contained herein, is provided to you “as is” without warranty of any kind.
Hypertext Links to External Sites
This site may contain hypertext links to other World Wide Web sites, which are completely independent of this site. EP makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such hypertext link, and any hypertext link to another person or entity shall not in any manner be construed as endorsement by EP of such person’s or entity’s World Wide Web site, products or services. Your linking to any other off-site pages or other sites is at your own risk.
External Site Naming Guidelines
Third parties may not use a brand, product name or other confusingly similar word or group of letters in a domain name (similar to the brand names, trademarks and/or tradenames of EP) without prior written EP approval. Domain names for enthusiast sites should use the “.net” suffix.
External Site Use of EP Information
Third-party sites must have prior written approval before using any text, trademarks, graphics or photographs from any EP source, such as Web sites or web page.
Third-party sites must not in any way imply that EP is endorsing it or its products or services; must not misrepresent its relationship with EP; must not present false information about EP; must not be a site that infringes any intellectual property or other right of any person or that otherwise does not comply with all relevant laws and regulations; and must not be a site that contains content that could be construed as distasteful, offensive or controversial.
Linking to Epochlacrosse.com
Third-party sites may not use links to EP in any way that implies sponsorship or affiliation. Furthermore, when linking to EP, that site may not appear as a frame within the site that provides the link or appear in any way that makes the destination site appear to be content belonging to the site containing the link.
External Site Disclaimer
All the above provisions apply unless a signed written document is presented by EP.
Terms & Conditions
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.
The materials on Epoch Lacrosse’s web site are provided “as is”. Epoch Lacrosse makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Epoch Lacrosse does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall Epoch Lacrosse or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Epoch Lacrosse’s Internet site, even if Epoch Lacrosse or Epoch Lacrosse authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
4. Revisions and Errata
The materials appearing on Epoch Lacrosse’s web site could include technical, typographical, or photographic errors. Epoch Lacrosse does not warrant that any of the materials on its web site are accurate, complete, or current. Epoch Lacrosse may make changes to the materials contained on its web site at any time without notice. Epoch Lacrosse does not, however, make any commitment to update the materials.
Epoch Lacrosse has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Epoch Lacrosse of the site. Use of any such linked web site is at the user’s own risk.
7. Governing Law
These Terms and Conditions of Use will be governed by the laws of the State of Minnesota. Each of the parties does hereby agree that any dispute will be decided by the state and federal courts located in Minneapolis, Hennepin County, Minnesota and agrees that that party is subject to jurisdiction of such courts in such locality.
General Terms and Conditions applicable to Use of a Web Site
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
Epoch estimates bespoke product delivery within 30 days of placing the order with the third-party vendor of your choice. Epoch makes no warranties about the time of delivery. Epoch further makes no warranties that your order will be submitted by the third-party vendor to Epoch on a timely basis.