Evolve Skateboards Pty Ltd ACN 163 891 469 (‘Evolve’)
- In this policy:
(a) Customer means a customer who purchases a Product in Australia;
(b) Evolve means Evolve Skateboards Pty Ltd ACN 163 891 469 of 1/15 John Duncan Court, Varsity Lakes QLD 4227 Australia;
(c) Fault means an error or malfunction causing the Product to function in a manner other than in good operating order;
(d) Product means a product sold by Evolve;
(e) Sale Terms and Conditions means the terms and conditions published by Evolve from time to time accessible at https://www.evolveskateboards.com.au/pages/store-policies;
(f) Service means the service undertaken by Evolve and includes any works or repairs required to be performed by Evolve in accordance with this policy in order to return the Product to the Customer in good operating order;
(g) Service Assessment means the procedure undertaken by Evolve at the request of the Customer to diagnose a Fault;
(h) Service Assessment Fee means the fee payable by the Customer to Evolve for a Service Assessment and includes return shipping of the Product to the Customer;
(i) Service Documents means any document that Evolve may require the Customer to complete prior to a Service Assessment of a Product which may include, but is not limited to, Work Authorisation Form.
(j) Service Fee means the fee payable by the Customer to Evolve for any Service;
(k) Unauthorised Modification has the meaning given to that term in clause 5.3;
(l) Warranty means the warranties set out in the Warranty Policy;
(m) Warranty Policy means the policy published by Evolve from time to time accessible at https://www.evolveskateboards.com.au/pages/warranty-policy; and
(n) Work Authorisation Form means a form published by Evolve for completion by the Customer prior to a Service Assessment.
2. Service Policy
- This policy outlines Evolve’s commitment to a level of service provided to Customers. The policy outlines the:
(a) procedures that will be followed by Evolve; and
(b) requirements and expectations of the Customer,
where a Product is to be Serviced by Evolve.
- This policy is to be read in conjunction with the Sale Terms and Conditions, the Warranty Policy, and any other relevant policies published by Evolve from time to time.
3. Service Communication and Initial Contact
- If a Customer is concerned that there may be a Fault with a Product, the Customer should initially contact their local Evolve distributor by phone or email (find your local Evolve distributor here: https://www.evolveskateboards.com . A representative of Evolve will contact the Customer in relation to the Fault and advise the Customer of the appropriate course of action to be taken to rectify the Fault, including whether the Product should be returned to Evolve for Service.
- Evolve may require the Customer to provide proof of purchase of the Product (such as an invoice or receipt) at any stage of the Service process in accordance with the Warranty Policy.
- The Customer must provide clear and accurate information to Evolve throughout the Service. Evolve is not responsible for any loss or damage resulting from incorrect information provided by the Customer.All communications between Evolve and the Customer must be conducted in a respectful and courteous manner.
4. Providing Products for Service Assessment
- If a Product is required to be returned to Evolve for Service Assessment, the Customer is responsible for delivering the Product to Evolve at the Customer’s own cost and risk. A Service Assessment Fee may be payable in accordance with clause 1.
- Unless otherwise advised by Evolve, the Customer must deliver to Evolve a complete board, remote and charger set. If a Customer delivers the Product without an item requested by Evolve, the Customer acknowledges and understands that the Service Assessment may not be performed and/or will be limited to an assessment of the items provided to Evolve.
- Evolve will provide the Customer with any Service Documents to be completed by the Customer and returned to Evolve together with the Product to be Serviced. If the Service Documents are not completed to Evolve’s satisfaction, Evolve may refuse to perform a Service Assessment on the Product.
- If the Customer elects to complete and return the Service Documents electronically, the Customer must ensure the Products delivered to Evolve are clearly identified to correspond with the Service Documents, including marking the packaging with any applicable tracking numbers advised by Evolve.
- The Customer is responsible for safely packaging the Product for shipping to Evolve, for example by using the original manufacturer’s packaging. If a Product is received by Evolve without sufficient packaging, the Customer may be responsible for the cost of re-packing the item adequately for return transport to the Customer. The Customer should obtain shipping insurance in respect of any Product returned to Evolve as Evolve is not responsible for Products which are damaged during shipping as a result of any:
(a) improper packaging; or
(b) damage caused by the Customer’s courier.
- The Customer is responsible for ensuring the Product being returned to Evolve is safe for transport and complies with any relevant transport regulations (including for batteries). Evolve is not responsible for Products shipped by the Customer which are not compliant with regulations.
5. Service Process
- Products received by Evolve for a Service Assessment are checked in to a queue and are assessed in the order in which they are received by Evolve. Evolve’s current standard Service Assessment turnaround time is approximately 2-5 business days from receipt of a Product but this is an estimate only and no guarantee is provided.
- Customers must not attempt to repair a Product themselves. Pursuant to the Warranty Policy, the Warranty may be deemed void, to the extent permitted by law, if Evolve reasonably believes that a Customer has attempted to repair a Product without Evolve’s prior consent.
- If Evolve believes that a Product has been tampered with, altered, modified (including modification of wiring or electrical components and/or non-standard operating components being installed) or any other unauthorised repairs have been made to the Product (‘Unauthorised Modifications’) or the Product is found to be unsafe to perform a Service Assessment due to Unauthorised Modifications, Evolve may refuse to provide the Service Assessment and will return the Product to the Customer after payment of the Service Assessment Fee.
- Evolve will, in accordance with the Warranty Policy, assess the Product for coverage under a Warranty and, at its sole discretion, will determine that the Product is either:
(a) covered by a Warranty, in which case Evolve will Service the Product in accordance with the Warranty Policy; or
(b) not covered by a Warranty, in which case Evolve will provide the Customer with the estimated Service Fee to Service the Product.
- Evolve will not commence any Service not covered by the Warranty without the prior authorisation of the Customer. If the Customer notifies Evolve that it does not wish to proceed with any Service, Evolve will return the Product to the Customer after payment of the Service Assessment Fee.
- The Customer must pay Evolve a Service Assessment Fee where a Warranty does not apply to the Fault. Evolve will notify the Customer of the Service Assessment Fee before the Service Assessment is commenced and forms part of the Service Documents. The Service Assessment Fee is payable upfront and covers the Service Assessment and return shipping to the Customer (excluding insurance).
6.2 Where the Customer accepts the Service Fee for a Service not covered by the Warranty in accordance with clause 5.4(b), the Customer must pay the Service Fee in accordance with this clause 6. The Service Fee is payable in addition to any Service Assessment Fee.
- The Customer must pay any and all invoices in relation to:
(a) the Service Assessment Fee;
(b) any Service Fee; and
(c) any other costs reasonably incurred in relation to the Service Assessment or Service of the Product.
- Evolve will not return the Product to the Customer unless all invoices issued by Evolve to the Customer are paid in full.
- With the exception of the Service Assessment Fee which is payable upfront, the Customer must pay all invoices within fourteen (14) days of the invoice issue date. If the Customer does not pay an invoice within fourteen (14) days of the invoice issue date Evolve may charge the Customer an additional fee for holding the Product.
- If the Customer has not paid an invoice within six (6) months of the invoice issue date, the Customer agrees that it surrenders all right, title and interest in the ownership of the Product to Evolve unless an alternative arrangement has been agreed in writing between the Customer and Evolve.
7. Return of Serviced Products to Customers
- Evolve will, after the Customer has paid all invoices and completed the Service: