Date of Last Revision: March 2023
These Terms of Sale apply to Western Europe, Central Europe, and Eastern Europe, except Bulgaria, Croatia, Norway, Romania, Slovakia, Switzerland, and Turkey, which are governed by different terms.
Please read these Terms of Sale carefully before ordering Products online from the "EVE and ADAM 2.0" platform.
If you are located in any of the countries identified below, additional country-specific terms may apply to you and are viewable at the end of these Terms of Sale or by clicking on the country reference link. These additional terms override the Terms below to the extent of any inconsistency.
AUSTRIA, FRANCE, HUNGARY, ITALY, POLAND.
You are reading these Terms of Sale (“Terms of Sale”) because you are using a "EVE and ADAM 2.0" website, digital experience, social media platform, mobile app, wearable technology, or one of our other products or services, all of which are part of "EVE and ADAM 2.0"’s Platform (“Platform”). These Terms of Sale create a legally binding agreement between you and "EVE and ADAM 2.0" and its affiliates (which we may refer to as “"EVE and ADAM 2.0",” “we,” “us,” or “our”) regarding orders placed for products available on the Platform. The Terms of Sale posted on the Platform at the time you place your order on the Platform will govern that purchase. Please read these terms carefully and check that the details of your order are complete and accurate before submitting your order. Your use of the Platform is also governed by "EVE and ADAM 2.0"’s Terms of Use and Privacy Policy. The Terms of Use are incorporated herein by this reference. [See Hungary terms].
To place an order on the Platform, you must be at least 16 years old, or older if that is required under applicable law to enter into an agreement with "EVE and ADAM 2.0" and be a consumer.
You need an email 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 Platform, which includes designing customized items, adding items to your shopping bag 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.
By submitting an order, the customer accepts full responsibility for having checked that all the styling options of the chosen product/s and the size are correct. Every submitted order shall be considered final. As our products are custom-made, we cannot accept any changes after an order change to processed in "Order status".
[See Poland terms.]
Fulfilment 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:
[See France terms.]
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.
You can find the available payment methods for each country in the FAQ’s section of eveadam2.com (the “Website”). We do not accept any method of payment other than those listed in the FAQ’s 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.
If you pay by credit/debit card, we will deduct the amount due from your account as soon as your order starts the manufacture process. If you pay by bank transfer (only available for bulk orders), we will start manufacturing ("EVE and ADAM 2.0"iD) 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.
We retain title in any product(s) until we have received full payment for such product(s).
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 FAQ’s section of the Website.
Prices are quoted in currency Euro with the exception of UK, Sweden, Norway, Switzerland, and Denmark where 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.
The total price specified in the final checkout 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.
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. [See Italy terms.]
We do not ship on certain public holidays. We can only fulfil 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.
We always deliver all items which you have ordered at the same time. However, please note that due to the fact that customized ("EVE and ADAM 2.0"iD) products are manufactured at different factories, an order for multiple customized ("EVE and ADAM 2.0"iD) products may result in delayed shipments.
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 FAQ’s section of the Website for threshold amounts and their corresponding discounted delivery rates.
While we strive to use only the highest-quality photography to represent our products in the most accurate and realistic way in terms of color rendition, we cannot guarantee that the products you receive will look exactly like what you see on your computer screen due to the fact that different device screens reproduce colors with vast variations and amount of detail.
All "EVE and ADAM 2.0" items are customised, you can submit a combination of colors, designs, and logos – a customise icon appears to your creation. Both your design of the item (the colour combination etc.) and the personalization shall be chosen by you.
According to Portuguese law to regulate consumer rights in the purchase and sale of goods, (Decree-Law No. 84/2021, of October 18), the consumer has, as a general rule, a right of withdrawal. However, the primary law does not apply to goods that are specially produced after the consumer's specification and which, due to their nature, cannot be returned.
You may cancel any order free of charge and without giving us any reason, provided it has not yet been sent for manufacture. 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 help menu 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 contact us section of the Website). Our consumer service will request a cancellation of your order. 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 ("EVE and ADAM 2.0") orders cannot be cancelled if the status of the order is in “Processed”, because we start building the customized ("EVE and ADAM 2.0,iD") products immediately after receiving the order.
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. 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 FAQ’s section of the Website.
You can use your right of withdrawal, if the product is defective or otherwise not in conformity with your order when you received them. In the event your claim is justified, the purchase price and the shipping costs will be refunded. You have an obligation to return the products to us without undue delay and no later than 30 calendar days from the day on which you have communicated to us that you invoke your right of withdrawal.
For practical information on how to return, see the FAQ’s section of the Platform, which contains a withdrawal form that you can use to exercise your right of withdrawal. You can also inform us that you want to exercise your right of withdrawal by another unequivocal statement by email. It is sufficient that you send this statement to us before the withdrawal period ends.
If you inform us that you wish to return a product, we shall reimburse to you all payments received, including the delivery costs (with the exception of any supplementary costs resulting from your choice of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than 30 days from the day on which we are informed about your decision to exercise your right of withdrawal. We may however choose to withhold the reimbursement until we have received the products back or until you have supplied evidence of having sent back the products.
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.
All "EVE and ADAM 2.0" products are made to order. This means that we start producing once you have placed your order. The typical standard turnaround time for delivery is up to 3 weeks, depending on the number of products we have in processing.
Pre-order is the process by which you are able to order a product in advance of the scheduled 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 launch date, provided that we have received your payment at least 3 working days before such date. Concrete delivery times depend on the number of products we have in processing. Standard delivery timelines depend on the number of products we have in processing. This information is best estimates only, timelines are not binding.
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.
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, pandemic 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;
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.
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 these 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.
You agree that the Platform, Terms of Sale, and any dispute between you and "EVE and ADAM 2.0" shall be governed in all respects by Portuguese law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods.
Except where prohibited and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Platform (including but not limited to the purchase of "EVE and ADAM 2.0" products) shall be resolved individually, without resort to any form of class action, and exclusively in the competent courts of Leiria, the Portugal.
In case you have a complaint, please contact us via contact us web page. If you feel your complaint is not adequately addressed you can – but are not obliged to – use the Online Dispute Resolution (ODR) platform that you can access through https://ec.europa.eu/odr .
All claims shall be brought within one (1) year after the claim arises, to the extent allowed under applicable law. [See Austria, France, Italy and Poland terms.]
If you are located in one of the following countries, the additional terms below will apply and override any inconsistent terms set forth above.
The last paragraph in the section above titled “CHOICE OF LAW/JURISDICTION”, is deleted in its entirety and replaced with the following:
“All claims shall be brought within three (3) years after the claim arises.”
The section above titled “PLACING ORDERS ON THE PLATFORM”, sub-section “OUR RIGHT TO REJECT YOUR ORDER OR CANCEL A CONTRACT” is deleted in its entirety and replaced with the following:
We 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 section above titled “RETURNS & CANCELLATIONS”, sub-section “RETURNING ORDERS AFTER DELIVERY – DEFECTIVE PRODUCTS” is hereby deleted in its entirety and replaced with the following:
"EVE and ADAM 2.0",Rua Dr. Agostinho Tinoco, 2400-084, Portugal, shall be responsible for any lack of conformity of the products under the conditions set forth in Articles L. 217-4 et seq. of the French consumer code, and of hidden defect of these products under the conditions set forth in Articles 1641 et seq. of the French civil code. In the event your claim is justified, the purchase price and the shipping costs will be refunded. For practical information on how to return, visit our FAQ’s section.”
The second and third paragraph in the section titled “CHOICE OF LAW/JURISDICTION” are deleted in their entirety and replaced with the following two paragraphs:
“Except where prohibited and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Platform (including but not limited to the purchase of "EVE and ADAM 2.0" products), and exclusively in the competent courts of Leiria, Portugal.
If you have a complaint, please contact us via the contact us page first. If you feel your complaint is not adequately addressed you can – but are not obliged to – use the Online Dispute Resolution (ODR) platform that you can access through https://ec.europa.eu/odr. In addition, you have the right to initiate a mediation procedure by contacting the mediator (s) as follows:Association des Médiateurs Européens (197, Boulevard Saint-Germain, 75007 PARIS, telephone: 09 53 01 02 69), https://www.mediationconso-ame.com/. The mediator(s) will attempt to, independently and impartially, reach an amicable resolution of the dispute. In case of mediation, each party is free to accept or reject the solution proposed by the mediator.”
The section above titled “PRICE/PAYMENT”, sub-section “PRICE CHANGES” is replaced in its entirety with the following:
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 you submitted even if not yet confirmed in an Order Confirmation.”
The second paragraph in the section above titled “CHOICE OF LAW/JURISDICTION”, is deleted in its entirety and replaced with the following two paragraphs:
“Regardless of the above choice of law, be reminded that you will enjoy the statutory rights provided in your favour under Section 1, Title III of the Italian Consumer Code (Legislative Decree no. 206/2005).”
“Except where prohibited and without limitation to any of your statutory rights, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Platform (including but not limited to the purchase of "EVE and ADAM 2.0" products) shall be resolved individually, without resort to any form of class action, and exclusively in the court of the place where you are resident or domiciled.”
The section above titled “CHOICE OF LAW/JURISDICTION” is deleted in its entirety and replaced with the following:
You agree that the Platform, Terms of Sale, and any dispute between you and "EVE and ADAM 2.0" shall be governed in all respects by Polish law.
Except where prohibited and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Platform (including but not limited to the purchase of "EVE and ADAM 2.0" products) shall be resolved individually, without resort to any form of class action, and exclusively in the courts competent under applicable law.
In case you have a complaint or feel there is a dispute between us, please contact us via contact us web page. In case the dispute between us is not resolved you can – but are not obliged to – use the Online Dispute Resolution (ODR) platform that you can access through https://ec.europa.eu/odr.”
The section above titled “HOW TO ORDER” is amended by adding the following:
“By accepting these Terms of Sale, you:
(a) Request that an invoice will be issued for your purchase and
(b) Agree that said invoice will be issued in an electronic format and will be provided to you by email.”