Revised Date: October 19th, 2022
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. PARTIES
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.: DK-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. DEFINITIONS
3.1 ”Products” means the products offered for sale by IR SQUAD/EVOTAG via our Website and as stated in your order confirmation.
3.2 ”Website” means www.evotag.dk or https://www.byronleisureltd.com/evotag/
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. ORDERS
4.1 Orders must be made via the Website or by phone/email. 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 EVOtagger requires 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 on our website www.evotag.dk.
4.6 When you have ordered, we will send you confirmation of the order by email with these Terms attached.
5. LOANER SETS
5.1 We offer B2G customers to try out IR SQUAD/EVOTAG products, completely free of charge to you via the Website for 7 days.
5.2 The loaner set is a complete package where 6 players can play at a time. No deposit, shipping each way to be covered by the customer
5.3 For returned defective products IR SQUAD/EVOTAG may choose to charge the damaged products to cover reasonable repair costs. If you receive some defective products, please take pictures and immediately get in touch with support@evotag.dk and send pictures attached. We will do our best to supply you with a replacement – at our expense.
5.4 You are not allowed to keep the loaner set later than the agreed time on our website. If you would like to extend the period, please contact us at info@byronleisureltd.com and we will do our best to accommodate your wish. We will send you up to 3 reminders about the return on the provided email address. If you choose to ignore the emails, we will charge you the complete value of the box.
5.5 The loaner set 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 is your responsibility.
6. PAYMENT
6.1 All prices of our Products are as they appear on our Website and expressed in Danish Kroner (DKK) for Danish customers, Norwegian Kroner (NOK) for Norwegian customers and in Euro (EUR) for international customers, excluding Danish VAT, shipping excluded.for people in the UK buying from https://www.byronleisureltd.com/evotag/ Prices are in UK GBP and need to add shipping and UK import tax
6.1.1 You can always see the total order price in your basket, excluding 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 Subscription contract is concluded when an order is placed by the subscriber and confirmed by the publishing company.
7.2 Term of the subscription
7.2.1 The subscription lasts for an indefinite time until canceled by you. The minimum period for a subscription is 12 months.You can cancel your subscription at any time. You will not be charged for any cancellation. You can re-subscribe at any time following your cancellation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you.II.
7.2.2 Cancellation is possible up to four weeks before the end of the subscription period. Cancellation notices received after that are considered on the next termination date.
7.2.3 All cancellation notices must be in writing and addressed to our support inbox support@evotag.dk.
7.3 Payment
7.3.1 Subscription prices include the chosen app purchase and value added tax at the applicable rate.
7.3.2 The fees for a 12-month subscription will be charged by an invoice to your email address, when the cancellation period has passed. In each case, the subscription price is payable in advance.
8.1 We deliver to all countries within Europe.
8.2 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.
8.3 You can choose between one or more shipping methods depending on your personal preference.
8.4 Delivery to non-EU countries
8.4.1 Please contact us on support@evotag.dk 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.
8.4.2 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.
9. RISK AND RESPONSIBILITY
9.1 Once you, or a third party indicated by you, have received the Products, said products are your risk and responsibility.
10. RIGHT TO WITHDRAW
10.1 You have the right to withdraw from your purchase within a 30-day period (cancellation period) without giving any reason. Loaner sets can be canceled until the equipment has been shipped. App purchases can’t be withdrawn after payment.
10.2 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.
10.3 To exercise the right to cancel, you must inform us of your decision to cancel your purchase by a clear statement to info@byronleisureltd.com
10.4 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.
10.5 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.
10.5.1 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 30 days from the day on which you communicate your cancellation. The deadline is met if you send back the goods before the period of 30 days has expired.
10.6 The address to use for returns is:
BYRON LEISURE LTD
36 Grizedale Road
Blackpool FY4 4TL
11. THE EVOTAG APP
11.1 Our EVOtagger can only be used with the EVOTAG Smartphone App.
11.2 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+.
11.3 The EVOTAG App does not collect personal data, except your email to verify your identity for your account(s).
12. CLAIMS
12.1 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.
12.2 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.
12.3 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.
12.4 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 support@evotag.dk. When we have examined your claim, we will contact you to agree on the next steps.
12.5 Return address:
EVOTAG by IR SQUAD ApS
Klausdalsbrovej 601
2750 Ballerup, Denmark
13. LIMITATION OF LIABILITY
13.1 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.
13.2 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.
14. COMPLAINTS
14.1 If you have any complaints about our Products please contact us at support@evotag.dk. If we cannot find a solution, you may file a complaint to:
Konkurrence og Forbrugerstyrelsens Center for Klagesøgning
Carl Jacobsens vej 35
2500 Valby
www.forbrug.dk
14.2 If you are living in another EU country, you can state your complaint on the EU Commission’s online complaint platform.
15. LAW AND DISPUTE RESOLUTION
15.1 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!