Terms of Service

Terms and Conditions of Supply - Evapolar

THESE TERMS AND CONDITIONS (“TERMS”) AND THE TERMS CONTAINED WITHIN THE WEB SITE DISCLAIMER APPLY TO YOUR USE OF THIS WEB SITE AND ANY PURCHASE YOU MAKE. YOU WILL NEED TO CONFIRM THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS AND OUR DISCLAIMER IN ORDER TO PROCEED WITH YOUR FREE TRIAL/ORDER AND TO MAKE A PURCHASE. YOU WILL BE ABLE TO PRINT OFF A COPY OF THESE TERMS AND CONDITIONS – WE RECOMMEND THAT YOU DO THIS AND KEEP A COPY FOR YOUR FUTURE REFERENCE.

YOU WILL ALSO NEED TO CONFIRM THAT YOU CONSENT TO OUR PROCESSING OF YOUR PERSONAL DATA IN ORDER TO PROCEED WITH A PURCHASE. PLEASE READ THE TERMS AND CONDITIONS WHICH DEAL WITH OUR USE OF YOUR PERSONAL DATA CAREFULLY BEFORE SUBMITTING YOUR ORDER.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW AND/OR OUR PROCESSING OF YOUR PERSONAL DATA IN ACCORDANCE WITH THESE TERMS AND CONDITIONS PLEASE DO NOT PLACE AN ORDER WITH US.

Definitions

“Contract” — means any contract between You and Us incorporating these Terms for the supply of Products and Services;
“Director” — Director at Shopping Service SIA LTD, Address: Kārļa Ulmaņa gatve 3, Rīga, Latvia, LV-1004;
“Liability” – means liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities;
“Products”, “ ” – means any and all products ordered from Us by You;
“We, Us, Our” – means https://myevapolar.com/
“Web Site” – an air cooling device presented for sale on the Website under the following Terms.
“Services”, “Product” - means any and all services ordered from Us by You and includes any product free trials and/or auto-refill orders which may be offered by Us
“You, Your, Yourself” - means the person whose order for Products and/or Services is accepted by Us.

About Us

Evapolar is owned and operated by Us
About You

By claiming your free trial through this Web Site You warrant that You are at least 18 years old and capable of entering into binding contracts. You further warrant that you understand and agree to be bound by these Terms.
Terms and Conditions
1. These Terms govern the supply of Products and Services to You.
2. It is Your responsibility to ensure that Your use of the Web Site and the purchase of the Products and/or Services is legal in the country in which You are resident and/or in which You are viewing this Web Site.
Basis of Contract
1. These Terms and any document or disclaimer referred to in them represent the entire agreement between You and Us in relation to the supply of any Products and/or Services via the Web Site.
2. These Terms supersede all previous terms and conditions, prior agreements, representations, understandings or arrangements and shall replace any terms and conditions previously available on this Web Site or notified to You. You acknowledge that in entering into a Contract with Us You have not relied upon any representation, undertaking or promise previously given or implied from anything said in negotiations or otherwise prior to such Contract save as is expressly set out in these Terms.
3. Our employees, sub-contractors and/or agents are not authorized to make any representations or warranties concerning the Products, Services (including without limitation any product auto-refill offerings) and/or the Web Site unless confirmed by a Director in writing.
4. No oral representations or warranties shall bind Us unless given by a Director.
5. We have the right to modify, vary or amend these Terms from time to time. No variation to these Terms shall be binding on Us unless agreed in writing between You and a Director in advance of Your order.
6. We reserve the right to change and modify these Terms without notice. You will be subject to the terms and conditions in force at the time that You order Products and/or Services from Us. However, the provision of our on-going Services such as any auto-refills offered will be subject to the updated terms and conditions in place from time to time and accordingly, it is Your responsibility to read and review these Terms from time to time so that You are fully aware of any changes. Your free trial and/or purchase of Products and/or Services and/or continued use of the Web Site and/or, where applicable, Your continued membership of the Web Site or part thereof shall be deemed to be Your acceptance of any modification or variation which has been made.
7. Unless otherwise agreed in writing by Us, Services will be provided for a minimum period of 6 months from acceptance of Your free trial and/or order for the same. Following expiry of that period, We may by notice in writing to You at any time terminate the provision of such Services.
Orders and Contracts
1. You may claim your free Evapolar trial and/or place orders for Products and/or Services either via the Web Site or by telephone. If You wish to place Your order by telephone, please email support@myevapolar.com. Emails to this worldwide number will be charged at standard international rates.
2. We have the right to refuse to accept any orders placed for Products and/or Services. Your order for Products and/or Services constitutes an offer to Us to buy those Products and/or Services and shall only form a binding Contract when We send Our order confirmation to You by e-mail.
3. You shall be responsible for the accuracy of Your order and for giving Us any and all information necessary for Us to perform the Contract. When You input Your details via the Web Site, You are responsible for ensuring that all information You give Us is correct. Our ordering process on the Web Site will provide You with instructions on how to correct any input errors.
4. Due to the fact that we will endeavor to deliver Your Products to You very quickly, You have a period of 24 hours from confirmation of Your order to correct any errors in Your order by emailing support@myevapolar.com.
5. Products are subject to availability. If We are unable to supply You with the Products due to the fact that they are out of stock, We will inform You as soon as possible. You will be given the option of (i) waiting until the Products are in stock when We will perform the Contract; or (ii) cancelling Your affected order and obtaining a full refund (if We have already received payment from You).
6. We try to ensure that all details contained within the Web Site are as accurate as possible. On the rare occasion that there is an error, We will advise You as soon as possible and it will be corrected.
7. Please note that any details and/or specifications for the Products and/or Services produced by Us (including any photographs of the Products) are intended as a guide only to give a general approximation.
8. We keep copies of all orders We receive and accept for a period of 6 years from the date of the order. This enables Us to process orders effectively, maintain high levels of customer service and deal with quality issues should they arise.
9. We will have Special Offers on Our Website from time to time, which, in the event of any dispute regarding the Rules, conduct, results and all other matters relating to these matters, the decision will be left to the management of Our Website. No correspondence, beyond reason, or discussion shall be entered into relating to any disputes.
Free Trial and Auto-Refill Program Terms
1. Evapolar offers via its website(s) and/or phone a single instance free trial of one (1) package of the product. At the time of claiming the free trial – the effective date of free trial submission online and/or on the phone, You will be asked to provide payment information, in addition to your shipping address and personal details. This is in order to cover the shipping and handling fees of the free bottle, and to ensure You receive it in a timely manner. From the date of You having received a confirmation from Us that your free trial bottle order has been confirmed (via confirmation email), You will have up to 15 calendar days to decide if the Product is right for you (hereinafter: "Trial Period"). During the Trial Period, any requests for cancellation will be addressed and fulfilled. If You do not contact us to cancel and/or edit and/or change Your free trial during the Trial Period, and more than 15 calendar days have passed since the confirmation date of the free trial, we will regard it as Your legal consent to become a member of and participate in the Evapolar Auto-Refill Program, and you will be charged as follows:
  a. Approximately 15 calendar days after your free trial order, we will charge you for the amount equivalent of one package of Evapolar 1 X EUR119.00. This amount constitutes the retroactive charge for the trial package of Evapolar.
  b. 30 calendar days following the confirmation date of your free trial package of Evapolar, we will charge You the amount of one (1) package of Evapolar for EUR 119.00 plus shipping and will ship it to the provided address at the time You claimed Your free trial, using the payment method you provided at the time of claiming Your free trial. Every 30 calendar days after that we will re-charge and reship to you one package of Evapolar as described here in this clause (hereinafter: "The Auto-Refill Program").
  To become a member (where this Service is offered) You need to fill out Your details on-line and/or on the phone, and claim Your free trial by either clicking the TRY FOR FREE button online or by verbally accepting the free trial over the phone. This will constitute Your application to the Auto-Refill Program.
Products

Any Products purchased are for Your personal use only. The Products cannot be resold and cannot be given to any third party.
Cancellation
1. Where applicable, You may cancel Your order in accordance with Your rights under the respective consumer protection laws of your country. The mechanism for cancelling Your Contract in this way is set out below.
2. You have a Trial Period of 15 calendar days from the date of Your Evapolar free trial confirmation date in which you may have the right to cancel Your order and any future product auto-refills. Unless You notify Us during the trial period of Your desire to cancel the order or offer, We will regard this as Your consent to be a member of Our Auto-Refill Program. You may cancel Your order by emailing Us on support@myevapolar.com and We will cancel your free trial as well as any future Product auto-refill orders, excluding your initial payment for shipping and handling of your free trial.
3. After cancelling Your Contract We will not be able to refund the shipping and handling fees of the free trial order. Any cancellations requests made past the Trial Period will not be entitled to a money refund. IT IS YOUR RESPONSIBILITY TO DECIDE IF EVAPOLAR IS RIGHT FOR YOU, AND MAKE ANY CANCELLATION REQUESTS IF YOU SO DESIRE, EXCLUSIVELY DURING THE TRIAL PERIOD, BY EMAILING US AT support@myevapolar.com.
4. We shall have no Liability to You in respect of any cancelled orders other than the return of any payment You may have made before cancellation. This does not affect Your statutory rights.
Delivery
1. Dates for delivery are estimates only and are not guaranteed. Shipping methods, delivery times and fees listed on the site may change from time to time. Time is not of the essence in relation to such dates. They are also subject to any matter beyond Our reasonable control including without limitation those events set out in paragraph 16.3.
2. As a general rule, We will dispatch the Products to You on the same day as We accept Your order (subject to the Products being in stock) or the next working day if Your order is placed outside of our normal working hours. We charge for delivery and packaging. These delivery prices are detailed on the Web Site and are subject to change, depending on Your address, time of year, religious and/or national holidays, etc. Should free delivery be withdrawn We will notify You of the costs of delivery at the time you place Your order and You may cancel Your order at this stage should You not wish to proceed.
3. Where Products are to be delivered in installments, each delivery shall constitute a separate and distinct contract and failure by Us to deliver, or any claim by You in respect of, any installment shall not entitle You to repudiate and/or terminate any Contract as a whole.
4. Notwithstanding Your rights of cancellation set out at paragraph 8 above You have no right to reject Products and have no right to rescind for late delivery unless the due date for delivery or any subsequent date which has been notified to You has passed.
5. We shall not be required to fulfill orders for Products in the sequence in which they are placed.
6. In most cases, orders will be delivered to You by special delivery, requiring a signature to confirm receipt. It is Your responsibility to ensure that there is someone at the delivery address to sign for the Products when delivered. Alternatively, it is Your responsibility to collect the Products from any postal collection depot and/or arrange an alternative delivery date if You are unavailable to sign for the Products.
7. We are not responsible for the Products and their safe delivery after they have left Our possession. If You have any issues regarding non-delivery, late delivery and/or damage to the Products during transit, You must take this up with the carrier. We will provide You with their details on request.
Prices and payment
1. The price for Products and Services shall be as shown on the Web Site at the date of Our acceptance of Your order.
2. Prices for the Products do not include delivery charges which You will be charged for in addition and these are clearly displayed on the Web Site. Whilst We do offer a free delivery service in some circumstances, We reserve the right to remove this option at any time and where this is the case We will notify You of the charges to be applied at the time You place Your order.
3. Unless otherwise stated, all prices are inclusive of VAT or other similar sales tax. Customers may be charged Import Duties on shipments of Evapolar. These are charged by local Customs and are beyond our control. Any Import Duties are the responsibility of the customer.
4. Whilst We try to ensure that all prices on the Web Site are accurate, errors may occur and prices may vary. Your payment may be processed in various international currencies and not the currency displayed during checkout. You may experience currency exchange rate differences due to it being an international charge, and should check your credit card statement to view the charge in the actual currency. Due to exchange rate differences, the price of shipping may even exceed the stated shipping amount on the website. If you have any questions or concerns about this, please email us Toll-Free support@myevapolar.com. If You do not agree to the price, do not proceed further with Your free trial or order. If We discover an error in the price of Products or Services You have ordered We will inform You as soon as possible and give You the option of either re-confirming Your order at the correct price or cancelling it. If We are unable to contact You, Your order will be cancelled. If You cancel an order due to an error in price and We have already received payment for the affected Products or Services, You will receive a full refund.
5. You will be informed in writing by Us of any increases in prices for Products or Services which may have occurred between You joining the Auto-Refill Program and any following time period. You may cancel without any Liability any order in relation to which the price is increased, however, we cannot guarantee a full refund in such a case, particularly if we had advised you in advance of the price change (via email or telephone).
6. Payment is due at the time You place Your free trial or order:
  1. If you are ordering online via the Web Site, We use a third party to take Your payment by debit or credit card. When You proceed to checkout and place Your order, We will take Your personal details and card details and pass them to Our chosen credit card merchant. The credit card merchant will check and store Your data in order to process Your payment details. We have imposed obligations on our credit card merchant to protect the security and safety of Your data. In respect of each credit or debit card transaction, We strongly advise that you print off and retain a copy of the card transaction in an accessible place for future reference;
  2. If You are placing orders by fax, when completing the order form please complete details of Your debit/credit card as requested on the form. Please note that fax is not a secure method of communication and We accept no liability for any loss and/or damage that You may suffer as a result of faxing Your credit/ debit card details to Us. As with online payments, Your card details and data will be passed to Our credit card merchant in order to process payment;
  3. If You are placing Your order by telephone, We will ask for Your credit/debit card details in order to take payment. As with online payments, Your card details and data will be passed to Our credit card merchant in order to process payment;
7. We will not accept Your order and the Contract will not be concluded until such time as We receive confirmation from Our credit card merchant that Your payment has been authorized and/or We have received payment in full in cleared funds.
8. If for any reason payment in full is not made, We may withhold or suspend delivery of Products or, as the case may be, Services.
Property and risk

Risk in the Products shall pass to You at the time of delivery. Delivery shall be deemed to occur at the time when the Products are passed to Our nominated carriers.
Faulty Goods
1. If You discover that a Product is faulty, You must notify Us of the defect within 7 days of the date of delivery or within a reasonable period of time of discovery (if the defect was not readily apparent).
2. We may ask You to return the faulty Products to Us for inspection before We send You a replacement. If the Products are faulty, We will replace the faulty Product at no additional cost to You and refund any reasonable costs You may have incurred in returning the faulty Product to Us.
Guarantee
1. We are confident that You will be satisfied with the Products You have ordered. As a result, and without prejudice to Your rights under paragraphs 8 and 12, if You are not satisfied that the Products have produced any of the specified results, We will refund the price You have paid for the Products provided that:
  1. You use the Products fully in accordance with Our instructions (either as set out on the Web Site and/or sent with the Products);
  2. You have requested a cancellation within the designated Trial Period;
  3. You provide Us with any and all information We ask for on the Web Site in order to qualify for a refund;
  4. You return the Product to Us (for non-meditational products) at Your expense to Our address which We will provide when You apply for a refund.
2. To claim Your refund under this guarantee, please email us. Any claim must be submitted within 15 calendar days of Your claim of the free trial of the Products. By requesting a cancellation You warrant that You have used the Product as directed by Our instructions and for the minimum period.
3. Please be aware that the Product works differently for different users. Differences in metabolism and lifestyle can affect the time required to achieve results. You may not experience immediate results.
4. If You fail to comply with the conditions at 13.1 and the procedure outlined at 13.2 above We will not be obliged to refund Your purchase. If We refuse to refund Your purchase We will, at Your cost, return any unused Product to You providing that You have clearly stated in Your cancellation request that the unused Product is to be returned to You together with the address to which the unused Product is to be sent.
Data Protection
1. When You use Our Web Site, You will be asked to provide certain personal information such as Your contact details, credit/debit cards or other payment details. We will store the data You provide to Us on computers or otherwise. The purposes for which Your personal data will be processed are set out below. Please indicate Your consent to the processing of Your personal data for these purposes by ticking the relevant box at the end of these Terms.
2. We will comply with the requirements of all data protection legislation in force. In particular, You may request a copy of any personal data We hold about You upon written application. Please note that We reserve the right to charge the current statutory fee for providing You with such information.
3. We will process Your personal data in an ethical manner. It will be used for the following purposes:
  1. to process Your order;
  2. where applicable, to administer Your membership of the Web Site;
  3. to administer Our Web Site services which may involve sharing information with Our services providers;
  4. to administer Our business;
  5. for assessment and analysis (e.g. market, customer, product analysis) to enable Us to review, develop and improve the services which We offer and to enable Us to provide You with relevant information through Our marketing information;
  6. to notify You by email or telephone of any Products that We think may be of interest to You unless You inform Us that You do not wish to receive such information.
4. We may also disclose Your information to anyone to whom We transfer or may transfer Our business and/or Our rights and duties under the Contract with You or to the police or any other regulatory or government authority where We are legally required to do so.
5. We may share Our database(s) of customers with selected third parties.
6. If You do not wish Us to notify You by post of any additional products or services that We think may be of interest to You, please contact via phone: support@myevapolar.com
7. We try to ensure that all data we hold about our customers is up to date and correct. Therefore, if any of your personal details change, please let Us know by contacting Us via phone: support@myevapolar.com When ordering online, We will provide a clear process for You to correct any input errors.
Liability
1. We shall have no Liability to You for any loss of profit, business, revenue or income, loss of anticipated savings, lost data, damage to goodwill, business interruption, economic and/or other loss which, at the time You entered in to this Contract was not a reasonably foreseeable consequence of Us breaching these terms and conditions, for example, if You and/or We could not have contemplated such losses before or when we entered into a Contract.
2. Nothing in these Terms shall limit or exclude Our Liability for death or personal injury due to Our negligence, fraud and/or any of Your statutory rights which may not be excluded or limited by law due to You acting as a consumer and/or due to any applicable law. Any provision which would be void under any consumer protection legislation or other legislation shall, to that extent, have no force or effect.
3. We do not guarantee that the Web Site will be compatible with Your PC and We accept no Liability for any corruption and/or loss of data held on Your PC, or any Liability for any other loss or damage of any kind caused to Your PC resulting from use of the Web Site.
General
1. No waiver by Us of any breach of any Contract by You and/or the failure by Us to exercise any rights or remedies to which We are entitled shall be considered as a waiver of any subsequent breach of the same provision or other provision or of Our rights or remedies and shall not relieve You from compliance with such obligations.
2. If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these terms and conditions and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
3. We shall have no Liability to You for any delay in performance to the extent that such delay is due to any event outside Our reasonable control including acts of God, denial of service attacks, internet disruption, non-performance by suppliers or subcontractors, war, flood, fire, labor disputes, sub-contractor delays, strikes, lock outs, riots, civil commotion, malicious damage, explosion, governmental action and any other similar events. If We are affected by any such event then time for performance shall be extended for a period equal to the period that such event or events delayed such performance.
4. All third party rights are excluded and no third party shall have any right to enforce a Contract. Any rights of a third party to enforce this Contract may be varied and/or extinguished by agreement between the parties.
5. Notwithstanding Your rights set out above, if You are unhappy with any aspects of the Services and/or Products that We have provided to You or have any queries or comments regarding these, please contact Us by emailing support@myevapolar.com.

Personal Air Cooler

Evapolar creates your personal microclimate

Cools the air

Humidifies

Purifies

Personal air cooler view

How Evapolar works

Microclimate area:3 m230–45 ft2

Temperature reduction:4–17°C10–30°F

Operating time: 4–6 hours

Available in three awesome colors

Review of Evapolar Air Cooler

Customer care

1-year manufacturer limited warranty

CE, ETL consumer safety certificates

Designed for you

Mass media feedback

Available in three awesome colors

Terms of Service

Terms and Conditions of Supply - Evapolar

Definitions

About Us

About You

Terms and Conditions

Basis of Contract

Orders and Contracts

Free Trial and Auto-Refill Program Terms

Products

Cancellation

Delivery

Prices and payment

Property and risk

Faulty Goods

Guarantee

Data Protection

Liability

General

Privacy Policy

Personal
Air Cooler

Microclimate area:
3 m²30–45 ft²

Temperature reduction:
4–17°C10–30°F

Operating time:
4–6 hours

Designed
for you