EVOTAG TERMS & CONDITIONS
Revised Date: July 8th, 2021
Are you looking for additional information on purchasing, rentals, shipping, returning or cancellation? You have found it. Fellow gamers!
The following terms and conditions apply to all pre-orders, sales and usage of EVOTAG products. Please check out this epic text in detail.
PURCHASING, KEEPING, USING, OR ALLOWING THE USAGE OF AN IR SQUAD /EVOTAG PRODUCT MEANS YOU AGREE TO THESE TERMS AND CONDITIONS.
Note you have 30 days from Delivery Date to return the products and we will give you your money back. Your satisfaction is guaranteed.
KEEP CALM AND EVOTAG! :)
1.1 These terms and conditions apply to all orders placed by you at shop.evotag.io between you and IR SQUAD/EVOTAG, Klausdalsbrovej 601, 2750 Ballerup, Denmark, Company no.: 38992031 (hereinafter ”IR SQUAD/EVOTAG”, “EVOTAG”, ”we”, ”our”, ”us”). All orders will be subject to general Danish legislation.
1.2 The terms and conditions contain specific rules on your use of our products and limitation of liability, so it is important to read our Terms thoroughly.
1.3 If you are a corporate customer, these terms and conditions do NOT apply. You trade with us on the ordinary terms and conditions in the Danish Sale of Goods Act (Købeloven).
2. USAGE WARNING
2.1 Products sold by IR SQUAD/EVOTAG include infrared-based (eye-safe) laser tag equipment and fitness accessories. Participation in any activity involving an IR SQUAD/EVOTAG product is a low-risk sports activity, as long as you only play where it is safe to walk or run.
You acknowledge that you participate in any such activity at your own risk.
You agree to read, understand, and follow specific warnings and instructions on IR SQUAD/EVOTAG products in product literature and product inserts before using any IR SQUAD/EVOTAG product. You also agree to fight fair, as would any true gentleman, gentlewoman or gentleflamingo.
2.2 IR SQUAD/EVOTAG products are compatible with 3rd party accessories. IR SQUAD/EVOTAG accept no responsibility for 3rd party products used with EVOtaggers and strongly warn against any use of laser sights.
2.3 By purchasing and/or using IR SQUAD/EVOTAG products, or participating in activities involving IR SQUAD/EVOTAG products, such purchasers, users and participants acknowledge the product’s potential to cause bodily injury or damage to property and assume all risk of injury or damage attributable to an IR SQUAD/EVOTAG product.
IR SQUAD/EVOTAG is not responsible for the misuse or unauthorized and improper use of products sold through IR SQUAD/EVOTAG's websites, catalogs, or otherwise.
3.1 ”Products” means the products offered for sale by IR SQUAD/EVOTAG via our Website and as stated in your order confirmation.
3.3 ”Terms” means these terms and conditions.
3.4 ”You” means you as a consumer who places an order via the Website to purchase any of the Products.
4.1 Orders must be made via the Website. You can return, correct and delete at any stage in the purchase process until you click the ”Complete payment” button.
4.2 If the Products are out of stock, you will normally be notified when you place your order. However, if necessary, we reserve the right to inform you of this in a subsequent email.
4.3 Please note that our Products require that you have a smartphone.
4.4 Please note that batteries are not included, unless stated otherwise.
4.5 You will find instructions on how to use our Products in the package together with your Products.
4.6 When you have ordered, we will send you confirmation of the order by email with these Terms attached.
5.1 We offer to rent out IR SQUAD/EVOTAG products to you via the Website.
5.2 Rental consists of rental costs and a security deposit. The deposit is refunded to the purchaser when rented equipment has been returned and inspected by IR SQUAD/EVOTAG. Refunds will happen no later than 1 week from returned products being received by IR SQUAD/EVOTAG.
5.3 For returned defective products IR SQUAD/EVOTAG may choose to not refund the deposit or only partially refund to cover reasonable repair costs. If you get a defective rental product, please take pictures and immediately get in touch with firstname.lastname@example.org and send pictures attached. We will do our best to supply you with a replacement - at our expense.
5.4 You can choose to keep rented products. IR SQUAD/EVOTAG will not refund deposits for said products. Rented products You keep come with the same warranties as a new unused product.
5.5 Rented equipment comes in a box with a return label. Equipment must be returned using the same box and using this label. Any damages to the products or delays in shipping or the use of different packaging or shipping methods, is your responsibility.
6.1 All prices of our Products are as they appear on our Website and expressed in Danish Kroner (DKK) including Danish VAT, shipping excluded.
6.1.1 You can always see the total order price in your basket, including Danish VAT and shipping.
6.2 We make reservations for typing errors, pricing errors, fluctuating rates of VAT, foreign currency exchange and customs duties, price increases, force majeure, sold-out and deleted goods, and failure to deliver on the part of our suppliers. We also reserve the right to change our prices from day to day.
6.3 You can choose to pay using a number of different payment cards as supported by our payment provider.
6.4 We use an approved payment server that encrypts all card details with SSL (Secure Socket Layer) protocol and ensures no one else can read your information.
6.5 We will not charge the amount from your account until your order has been shipped from our warehouse.
7.1 We deliver to all countries within Europe.
7.2 Each order is processed quickly and with the greatest of care. We deliver on all weekdays and If you place your order before noon (12:00), we will normally ship your Products the very same day.
7.3 You can choose between one or more shipping methods depending on your personal preference.
Delivery to non-EU countries
7.4.1 Please contact us on email@example.com if you want to ship to a non-EU country and we will evaluate if we can do so and comply with local consumer electronics and toy-safety legislation.
7.4.2 Please note that if you order Products for delivery in a non-EU country, you should expect that import tax and duties will be added to the price.
8. RISK AND RESPONSIBILITY
8.1 Once you, or a third party indicated by you, have received the Products, said products are your risk and responsibility.
9. RIGHT TO WITHDRAW
9.1 You have the right to withdraw from your purchase within a 30-day period (cancellation period) without giving any reason. Rental orders can be cancelled until the equipment has been shipped.
9.2 The cancellation period begins when you or a third party on your behalf, have obtained physical possession of the Products and will expire 30 days from that day.
9.3 To exercise the right to cancel, you must inform us of your decision to cancel your purchase by a clear statement to firstname.lastname@example.org
9.4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. When we receive your notice, we will send you a return label for shipping. You must bear the direct cost of returning the Products.
9.5 If you cancel your purchase or part of a discounted order, please note you forfeit said discount, and that you will solely be reimbursed the amounts without discount applied. Such reimbursement is without undue delay and, in any event, not later than 14 days after we have received the Products back or you have supplied evidence of having sent back the Products, whichever is earlier.
9.5.1 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement. You must send back the goods or hand them over to us or without undue delay and not later than 14 days from the day on which you communicate your cancellation. The deadline is met if you send back the goods before the period of 14 days has expired.
9.6 The address to use for returns is:
EVOTAG by IR SQUAD ApS
2750 Ballerup, Denmark
10. THE EVOTAG APP
10.1 Our Products can only be used with the EVOTAG Smartphone App.
10.2 The EVOTAG App is available for smartphones on Google Play (Android) and Apple AppStore (iOS). You need an Apple iPhone 6S (or newer) running iOS 13+ or an Android Smartphone running Android 9+.
10.3 The EVOTAG App does not collect personal data, except your email to verify your identity for your account(s).
11.1 According to the Danish Sale of Goods Act you have a right of complaint within a 24-month period from the day you receive your Products if your Product has a defect. This means that you may be eligible for a repair, replacement, refund or price deduction if your Product has a defect and the defect existed at the time of delivery. The defect must not be caused by improper use of the goods or other harmful behavior.
11.2 Our Products must be inspected before initial use to ensure that it has not been damaged during shipment. If damaged, do not use it, and immediately return the product to us for a replacement.
11.3 You must make your claim within a reasonable period after becoming aware of the defect. If you advertise within 2 months after the defect is discovered, your complaint will always be timely.
11.4 If your claim is justified, we will refund your documented shipping costs when you return the Products. If you wish to make a claim according to your rights, return your goods with proper explanation sent to email@example.com. When we have examined your claim, we will contact you to agree on the next steps.
11.5 Return address:
EVOTAG by IR SQUAD ApS
2750 Ballerup, Denmark
12. LIMITATION OF LIABILITY
12.1 In no event shall IR SQUAD/EVOTAG accept liability for any product defect or damage caused by any IR SQUAD/EVOTAG product which exceeds the value of the product sold. If applicable local law does not allow the foregoing liability limitation, then it may not apply to your purchase, but IR SQUAD/EVOTAG’s liability shall be limited to the maximum extent allowable by law.
12.2 ALL OTHER WARRANTIES ARE DISCLAIMED AND EXCLUDED BY IR SQUAD/EVOTAG. THE REMEDIES CONTAINED IN THIS DISCLAIMER WILL BE THE SOLE AND EXCLUSIVE REMEDIES OF ANY PURCHASER, USER OR PARTICIPANT, WHETHER IN CONTRACT, TORT, OR OTHERWISE. THIS LIMITATION APPLIES TO ALL IR SQUAD/EVOTAG PRODUCTS, SERVICES, AND SOFTWARE DURING AND AFTER THE WARRANTY PERIOD. IR SQUAD/EVOTAG SHALL NOT BE RESPONSIBLE FOR ANY DEFECT, INJURY OR DAMAGE CAUSED BY PRODUCT MISUSE.
Notwithstanding anything to the contrary in this Disclaimer, and to the maximum extent allowable by law, IR SQUAD/EVOTAG shall have no liability for damage to its products, or for injuries or damages attributable to its products.
IN NO EVENT WILL IR SQUAD/EVOTAG BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ATTRIBUTABLE TO A PRODUCT SOLD BY IR SQUAD/EVOTAG, WHETHER THROUGH WEBSITES, CATALOGS, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR REVENUE, LOSS OF USE OF THE PRODUCTS OR SOFTWARE, OR COST OF SUBSTITUTED PRODUCTS, SOFTWARE OR SERVICES THAT ARISE OUT OF IR SQUAD/EVOTAG’S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS DISCLAIMER.
13.1 If you have any complaints about our Products please contact us at firstname.lastname@example.org. If we cannot find a solution, you may file a complaint to:
Konkurrence og Forbrugerstyrelsens Center for Klagesøgning
Carl Jacobsens vej 35
13.2 If you are living in another EU country, you can state your complaint on the EU Commission’s online complaint platform.
14. LAW AND DISPUTE RESOLUTION
14.1 If applicable local law at the place of delivery allows for it, your order from IR SQUAD/EVOTAG shall be interpreted and construed in accordance with the laws of the Kingdom of Denmark without regard to its choice of law principles.
You agree that any dispute or claim arising out of or in connection with your order or the subject matter of this Disclaimer (whether contractual or non-contractual disputes or claims), shall be brought and heard exclusively in the courts of Denmark, and for this purpose you hereby submit to the exclusive jurisdiction and venue of such courts.
Don’t worry about all the legal talk – we really are quite friendly!