Terms & Conditions

Effective Date: These Terms and Conditions were last updated on 22nd January 2024.

These Terms constitute a contract between you (“you”/ ”your”) and Puma Social Limited T/A EVHACS (“EVHACS”) (each a “Party” and together “the Parties”).

 

DEFINITIONS

“The App” means an application made available to you by EVHACS via a download to a mobile device which may better enhance your customer experience with the EVHACS Product;

“Data” means content or information that you or other users of EVHACS.COM or third parties can retrieve from EVHACS.COM;

“EVHACS Product” means a patent-pending hybrid air conditioning/heat pump solution which incorporates the ordinary functionality of an existing air conditioning/heat pump unit with an Electric Vehicle charger;

“Information” means information about you, including facts, including actions taken by users and non-users of EVHACS.COM who interact with EVHACS.COM and may include personal data, name, address, contact details, entered by you (See also our privacy policy);

“Intellectual Property” means any proprietary rights of EVHACS whether registered or unregistered and includes all rights, entitlements, interest and ownership in the App, the Data, the EVHACS Product, the Site, vesting now or into the future, and includes, but is not limited to the, copyright, trademark, or patents, including patent applications, of EVHACS; 

“Purchase Order” means the form which confirms your purchase of the EVHACS Product, including all necessary details required by law, should the Parties agree to enter into a contract for the acquisition of the EVHACS Product;

“the Terms” means the terms and conditions set out herein on the Site;

“the Site” means EVHACS.COM;

“Use” means use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.

GENERAL

EVHACS manufactures the EVHACS Product and may offer the EVHACS Product (subject to availability) on the Site. Data may be made available to you on the Site which better informs your understanding of the EVHACS product, and, or, which assists you in making a decision whether to purchase the EVHACS Product, and, or, which permits you to order the EVHACS Product, at all times subject to the availability of the EVHACS Product. By using the Site you agree to be bound by all of the Terms. If you do not agree to all the Terms, then you should immediately cease all usage of the Site. The Terms make up the entire agreement between the Parties regarding the Site and supersedes any prior agreements. You will not transfer any of your rights or obligations under the Terms to anyone else without the consent of EVHACS.

The Site reserves the right, at any time, to modify, alter, or update the Terms without prior notice. Modifications shall become effective immediately upon being posted on the Site. You are advised to periodically check the Terms for any revisions and/or amendments to the Terms. Your continued use of the Site after amendments are posted constitutes an acknowledgement and acceptance of the Terms (including any modifications or amendments thereto). We reserve all rights not expressly granted to you.

DESCRIPTION OF SERVICES ON THE SITE

EVHACS.COM is providing to you access to the Site for the purposes of providing to you information on the products and services it provides, and, or, for the purposes of permitting you to order the EVHACS Product, subject to availability, and for the purposes, upon your request, of the retention of your personal Information as part of an order, or anticipated order, to be entered into between the Parties for the purchase, or prospective purchase, of the EVHACS Product.

In the case of the Site it is strictly a matter for you to provide:

  • all equipment necessary for your own Internet connection, including computer and modem, and
  • your own access to the Internet, and
  • payment of any fees arising from such connection.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

Except as expressly prohibited by law, the Site, shall not be liable for any damages whatsoever incurred by you, and in particular the Site shall not be liable to you, for any special, indirect, consequential, or incidental damages, or damages for lost profits, business interruption, loss of revenue, or loss of use, arising out of or related to the Site, whether such damages arises in contract, negligence, tort, under statute, in equity, at law, or otherwise, whether or not the Site has been advised of the possibility of such damages.

The Site cannot, at any time, accept responsibility for any losses, injuries, inconvenience or expenses caused due to Force Majeure including but not limited to government action or restraint, war, riot, civil strife, industrial dispute, strikes, terrorist activity, natural or nuclear disaster, fire, flood, delays, weather conditions or the threat of any of these or any other event beyond its control.

Access to the Site, is provided on an “as is” basis. you should not rely on any Data on the Site to make (or refrain from making) any decision or to take (or refrain from taking) any action on which reliance should be placed. We disclaim all liability and responsibility arising from any reliance placed on such Data by you or by anyone who may be informed of any of its contents by You. While every effort is made to ensure the Site is kept up to date EVHACS accepts no responsibility to keep the information on the Site up to date, or complete, or, accepts no liability for any failure to do so.

EVHACS warrants that it has the necessary skill to render the Site available to you. EVHACS warrants that it will supply the Site with due skill, care and diligence and that the Site will be of merchantable quality.  However, EVHACS shall have no liability for any interruptions in the use of the Site. EVHACS disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.  EVHACS does not warrant that the Site will operate error-free or that the Site and its server are free of computer viruses and other harmful elements. If, as a result of your use of the Site, there is a need for servicing or replacing equipment or data, EVHACS assumes no responsibility whatsoever for those costs.

INDEMNIFICATION

You agree to indemnify and hold EVHACS, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable legal fees and costs, made by any third party due to or arising out of your use of the Site, the Data, the violation of these Terms, or the infringement by you, or any other user of the Site using your computer or computer systems or hardware of any intellectual property rights of any third party. You may not use the Site in any way that violates any applicable laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable laws regulations or other government requirements.

THIRD-PARTY SITES

The Site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that EVHACS is not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and EVHACS is not responsible therein. EVHACS encourages you to review the privacy policies of third-parties’ sites.

GOVERNING LAW

This Agreement is governed by Irish law. The Irish courts may have jurisdiction over any claim arising from or in any way related to a visit to the Site. The Site retains the right to bring proceedings against you for breach of this Agreement in your country of residence or any other relevant country. Any relevant provision/s of the Consumer Rights Act 2022 apply to issues of jurisdiction including Section 132 of that Act.

ACCOMPANYING AGREEMENT/S

As part of the process of use of the EVHACS Product your use of the EVHACS Product may be dependent on your acceptance of the terms of use of the EVHACS Product which are, or may be contained, in a separate agreement between you and EVHACS, and which should be read in conjunction with the Terms. In the event of a conflict between the Terms and the terms of any agreement(s) between you and EVHACS for your use of the EVHACS Product, the terms of those agreement(s) will control.  For the avoidance of doubt any accompanying Agreement to which this clause refers may be made available to you via your use of the App, and, or, pursuant to some other Agreement between the Parties.

INTELLECTUAL PROPERTY

All Intellectual Property will remain the property of EVHACS. Title to and ownership of all Intellectual Property Rights embodied by or otherwise incorporated into the App, the Data, the Site, and any other material provided by EVHACS to you shall remain with EVHACS or its successors and assigns. Except as expressly provided in the Terms, nothing shall be construed to grant to you any right, title or interest in or to the App, the Data, the Site, and, or, any other material provided by EVHACS to you. 

As between you and EVHACS all Data provided to you by EVHACS pursuant to the Terms shall be owned by EVHACS, regardless of any translation, alteration or collation of such Data by you for the purposes of the Terms.

CONSUMER RIGHTS ACT 2022

No provision of the Terms shall be read as in any way restricting any rights or entitlements you may hold under the provisions of the Consumer Rights Act 2022 (“the Act”), including, but not limited to, any rights which arise under Part 5, on consumer information and cancellation rights, of that Act.

Information to be provided by EVHACS to you in accordance with section 103 or, as the case may be, section 104 (3)(a), in the case of an off-premises contract and section 106 in the case of a distance contract, is as follows:

(a) the main characteristics of the goods, digital content, digital service or service, to the extent appropriate to the medium and to the goods, digital content, digital service or service, is the making available to you, subject to availability, of the EVHACS Product, and, or, an accompanying App, and the Data contained on the Site;

(b) the identity of the trader, including the trader’s trading name and legal identity, is Puma Social Limited T/A EVHACS;

(c) if the trader is acting on behalf of another trader, the identity and geographical address of that other trader, will be provided clearly to you in the event that another party, not a party to the Terms, sells to you the EVHACS Product;

(d) the geographical address at which the trader is established, the trader’s telephone number and email address, and, where applicable, the details of any other means of online communications provided by the trader which guarantee that the consumer can keep any written correspondence with the trader, including its date and time, on a durable medium, is Unit 3B Clane Business Park, Kilcock Road, Clane, Co. Kildare, info@evhacs.com, 353 (0)1 485 1882;

(f) the total price of the goods, digital content, digital service or service inclusive of taxes or, where the nature of the goods, digital content, digital service or service is such that the price cannot reasonably be calculated in advance, the manner in which the price is to be calculated, will be provided to you pursuant to a Purchase Order confirmation should the Parties agree to enter into a contract for the acquisition of the EVHACS Product;

(g) where applicable, all freight, delivery or postal charges and any other costs additional to the price referred to in clause (f) or, where those charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable, will be provided clearly to you and set out in the Purchase Order confirmation should the Parties agree to enter into a contract for the acquisition of the EVHACS Product;

(h) in the case of a contract of indeterminate duration or a contract containing a subscription this will be made clearly available to you via the Purchase Order confirmation should the Parties agree to enter into a contract for the acquisition of the EVHACS Product;

(k) the arrangements for payment, delivery, performance, and the time by which the trader undertakes to deliver, provide or supply the goods, digital content, digital service or service, will be made clearly available to you in the Purchase Order confirmation should the Parties agree to enter into a contract for the acquisition of the EVHACS Product; delivery of the product is generally within 30 days of the conclusion of a contract between the Parties for delivery of the Product, or, where longer than 30 days, will be clearly agreed in advance by the Parties where the information on anticipated delivery will be set out clearly in the Purchase Order confirmation, or will be otherwise clearly made available to you by EVHACS in advance of your entering into a contract with EVHACS; You can request a new delivery date where EVHACS does not deliver the Product as originally anticipated or within 30 days;

You can cancel the purchase when: EVHACS cannot or refuses to deliver within the new time frame you request, or, a new delivery date is no longer suitable for you, for example, you needed the product by a specific date that has passed; Further information on rights that may be available to you in respect of buying and returning goods can be found by visiting the Competition and Consumer Protection Commission website link following:

https://www.ccpc.ie/consumers/shopping/buying-goods/buying-and-returning-goods/

(l) where applicable, the trader’s complaint handling policy, is by giving to us written notification of your complaint, setting out in detail the nature of the complaint, to the following email address: info@evhacs.com;

(m) where a right to cancel the contract exists, the conditions, time limit and procedures for exercising that right in accordance with section 112, will be clearly provided to you in the Purchase Order confirmation should the Parties agree to enter into a contract for the acquisition of the EVHACS Product. Where a right to cancel the contract exists, the model cancellation form set out in Part 2 of Schedule 4 of the Act shall apply;

(n) where applicable, that the consumer will have to bear the cost of returning the goods in case of cancellation of the contract and, in the case of a distance contract, if the goods by their nature cannot normally be returned by post, the cost of returning the goods, will be provided to you in the Purchase Order confirmation should the Parties agree to enter into a contract for the acquisition of the EVHACS Product;

(o) where the consumer exercises the right to cancel after having made a request in accordance with section 119, that the consumer is liable to pay the trader reasonable costs in accordance with that section, will be set out in the Purchase Order confirmation should the Parties agree to enter into a contract for the acquisition of the EVHACS Product;

(q) the existence of a legal obligation on the trader to supply goods, digital content, a digital service or a service that is in conformity with the contract, is set out in the Terms and Conditions of the App, where this is made available to you as part of our obligations to you pursuant to an agreement to enter into a contract for the acquisition of the EVHACS Product;

(r) where applicable, the existence and conditions of any after-sales customer assistance, after-sales service or commercial guarantee, will be set out clearly on the Site, and otherwise, by emailing info@evhacs.com, telephone: +353 (0)1 485 1882;

(t) the duration of the contract or, if the contract is of indeterminate duration or is to be extended automatically, the conditions for terminating it, will be set out in the Purchase Order confirmation should the Parties agree to enter into a contract for the acquisition of the EVHACS Product;

(u) where applicable, the minimum duration of the consumer’s obligations under the contract, is the duration of any Agreement between the parties to enter into a contract for the acquisition of the EVHACS Product;

(v) where applicable, the existence and the conditions of deposits or other financial guarantees to be paid or provided by the consumer at the request of the trader, will be set out in the Purchase Order confirmation should the Parties agree to enter into a contract for the acquisition of the EVHACS Product;

(w) where applicable, the functionality, including applicable technical protection measures, of goods with digital elements, digital content or digital services, will be set out in the Terms and Conditions of the App, where this is made available to you as part of our obligations to you pursuant to an agreement to enter into a contract for the acquisition of the EVHACS Product;

(x) where applicable, any relevant compatibility and interoperability of goods with digital elements, digital content or digital services of which the trader is aware, or can reasonably be expected to have been aware, is set out in the Terms and Conditions of the App, where this is made available to you as part of our obligations to you pursuant to an agreement to enter into a contract for the acquisition of the EVHACS Product;

(y) where applicable, the possibility of having recourse to an out-of-court complaint and redress mechanism to which the trader is subject, and the methods of accessing that mechanism: EVHACS hopes that you will be fully satisfied with your dealings with EVHACS. The Company is and will always strive to improve its service. If you wish to make a complaint about the service we offer then please write to us at:

info@evhacs.com setting out in full the nature of your complaint.

EVHACS will endeavour to acknowledge your complaint within five working days. The complaint will be fully investigated and EVHACS will endeavour to respond to your complaint within five working days from receipt.

If you are a consumer using EVHACS for private use are not satisfied with the response that you receive, you may refer the matter to the Competition and Consumer Protection Commission at:

Competition and Consumer Protection Commission
PO Box 12585

Dublin 1
Ph. 402 5500 (01 area), 1890 432 432 (outside 01 area)
Fax Number: (01) 402 5501
Web site: http://www.consumerhelp.ie

EVHACS is obliged to provide a link to the European Commission’s Online Dispute Resolution (ODR) platform:

Website: http://ec.europa.eu/consumers/odr/

 

SEVERANCE

If any provision (or part of a provision) of the Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions (or remaining part of a provision in the event that part of a provision is found to be invalid, unenforceable or illegal) shall remain in force.

WAIVER

If we fail to enforce any of the Terms, it will not be considered a waiver. Any amendment to or waiver of the Terms must be made in writing and signed by us. For the avoidance of doubt: none of the following or any combination thereof shall release, discharge or in any way affect the liability you may have to the Company or incur any further obligation or liability on the part of the Company to you or any third party:

  • Any neglect delay or forbearance of EVHACS in endeavouring to obtain payments of any sums due hereunder or enforcing the performance and observance of any of your obligations hereunder;
  • Any extension of time given to you by EVHACS;
  • Any variation of the terms hereof (including any reviews of the amounts payable hereunder) or the transfer of the Company’s interest herein;
  • Any change in the structure or powers of either the Company or You.

PROMOTION/DISCOUNT CODES

Occasionally EVHACS may run promotions online or through third parties. The following terms and conditions apply to all promotions, unless otherwise stated in the promotion:

Promotion codes cannot be used in conjunction with any other offer;

Only one promotion code or online offer can be used per order;

We reserve the right to cancel any order, or withdraw/extend any promotions at our discretion;

Promotion codes must be entered in the Promotional code box at the time of purchase. Promotion codes cannot be applied retrospectively.

TERMINATION

The Site retains the right to stop providing all or any part of the Site to you for any reason including, but not limited to, pursuant to your violation of the letter or spirit of the Terms including for any infringement by you of Intellectual Property.

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