Trade Account Terms and Conditions
By registering as a trade customer, you confirm that you accept the below Terms and Conditions and you agree to comply with them. You also agree to our standard Terms and Conditions of supply found here.
Evotech Performance is proud to work with motorcycle dealerships, accessories retailers and importers/distributors all over the world. To become an Evotech Performance trade customer, you must be a registered business owner with a relevant company registration number and/or VAT registration number. You can apply to become an Evotech Performance trade customer by completing the online application form.
Once your application has been received, we’ll check and verify your details and then let you know if you’ve been approved for a trade account. If you have been unsuccessful, we’ll always get back in touch to let you know why.
As an Evotech Performance trade account customer, you will have access to exclusive discounts on all Evotech Performance products listed at www.evotech-performance.com, excluding gift vouchers.
As of Wednesday 9 January 2019, our discount structure for trade customers is as follows:
- 25% discount on all orders up to £249.99
- 30% discount on all orders from £250 to £4,999.99
- 35% discount on all orders over £5,000.
All order values exclude postage. There are no minimum order values or surcharges. The above discounts cannot be run in conjunction with any other promotions or discount codes.
To take advantage of these discounts, trade customers can place their order via the standard retail portal – you will need to log in using your existing trade account details here. The relevant discount will be applied automatically at checkout. It is advised that trade customers always log into their trade account before adding products to their basket to avoid missing out on the discount. Purchases made via the standard or ‘guest’ checkout options are not eligible for the trade discount.
If you are a registered trade customer and are planning to market and resell the Evotech Performance accessories you purchase from us, either online or in-store, you agree to accept our reselling terms and conditions as set out below.
Marketing & Intellectual Property Rights
Evotech Performance is a leading motorcycle accessories manufacturer with a strong reputation for innovation, quality and performance. You have been approved as an Evotech Performance trade customer as we are confident that you will share this same commitment and passion with us. With this in mind, it is important that every stockist/supplier who represents Evotech Performance takes our brand’s reputation seriously.
As an approved Evotech Performance trade customer, you will have access to a wide range of official brand assets designed to support your marketing activity. These brand assets include (but are not limited to) the Evotech Performance brand name and logos, product photography, product videos, product lists and information, downloadable fitting instructions, brochures, press releases, website blogs and content, news stories, and a range of other sales support materials (such as stickers and other point of sale materials). These can be uploaded to your website, used in advertising, on your social media channels and on sales literature.
Please note that in accessing and making use of these brand assets, you are required to adhere to the directions set out in the Evotech Performance Brand Guidelines and the Terms & Conditions set out below, which together provide more information on how you can legally use them. Specifically, you must understand and undertake that:
i. you are being granted a non-exclusive licence to copy, reproduce (exactly) and use the brand assets prepared by us to support your authorised marketing activities in relation to the sale of genuine Evotech Performance parts and accessories as an approved trade customer of Evotech Performance.
ii. you acknowledge that the intellectual property rights in such brand assets shall at all times remain vested in Evotech Performance. You acknowledge that no right, title or interest in any of the brand assets is transferred to you and nothing in these Terms shall give you any rights in respect of any intellectual property owned by us. You must not assert, make any claim to ownership, or otherwise attempt to obtain any such rights.
iii. you acknowledge that any goodwill derived from your use of the brand assets shall accrue to Evotech Performance only. If Evotech Performance calls for a confirmatory assignment of that goodwill, you agree to immediately execute it.
iv. you are not permitted, under any circumstances, to apply for, or obtain, trade mark registration of the Evotech Performance brand name or logos, or any marks which are similar to those or any other brand assets, in your own name, company or trading name, or the name of any third party, for any goods or services in any country or territory.
v. you are not permitted, under any circumstances, to apply for, or obtain, registered design protection in respect of any of the Evotech Performance logos, parts, accessories, or other brand assets, in your own name, company or trading name, or the name of any third party, for any goods or services in any country or territory.
vi. you are not permitted to use or register a domain name, company/trading name, or social media account name that includes the Evotech Performance brand name or logos, or any other sign which is confusingly similar to those or any of the other brand assets.
vii. if you become aware that any third party has obtained, or taken steps to acquire, in their own name, intellectual property rights, domain names, company names or social media accounts which use, include, make reference, or relate to any of Evotech Performance’s brand assets or product parts, you agree to notify us immediately.
viii. you must ensure that all use of the brand assets in your advertising, marketing and promotional materials (including both offline and online) in no way damages, reduces, diminishes or tarnishes the reputation, image and prestige of the Evotech Performance brand identity or brand assets.
ix. you shall not do, or omit to do, or permit to be done, any act that will or may weaken or damage or be detrimental to the reputation or goodwill associated with Evotech Performance or the brand assets, or that may invalidate or jeopardise any intellectual property rights in those brand assets.
x. you are permitted to repost content from the official Evotech Performance social media channels. However, please use only the relevant ‘repost’ and ‘retweet’ features and do not directly copy content from our page(s) and post it as your own. All of our content is copyright protected and direct copying without author attribution is prohibited.
xi. you are not permitted to remove any copyright, trade mark or other intellectual property notices or watermark contained in or on the goods, materials or brand assets provided by us, or any other materials copied or downloaded from our website or social media accounts.
xii. you are not permitted to modify, alter, adapt, manipulate or create derivative works from, or in any way exploit, the brand assets, or any other materials copied or downloaded from our website or social media accounts.
xiii. any unauthorised copying or reproduction of any Evotech Performance product designs may result in legal action.
xiv. if you sell the Evotech Performance accessories that you purchase from evotech-performance.com on to another stockist, you will not pass on any official Evotech Performance marketing assets, e.g. logos and photography. You acknowledge that you are not permitted to provide any other third party access to, or grant permission to use, any of the brand assets.
xv. you will clearly indicate on all third party (customer) correspondence relating directly or indirectly to reselling Evotech Performance accessories, and on your own website and social media accounts, that you are not a subsidiary, or an affiliate, of Evotech Performance, nor the original manufacturer of any of the products. You must make it clear that you are acting as an Evotech Performance reseller only and that the views expressed by you are yours alone and do not necessarily represent our views or values.
xvi. all advertising, marketing and publicity that you choose to engage in to promote Evotech Performance accessories is at your own expense.
xvii. in the event that Evotech Performance notifies you that we disapprove of any text, content or the layout of any of your advertisements, marketing or promotional materials which feature or include any of the brand assets, you agree to immediately cease use of the aforementioned materials and to cooperate with us to amend, delete or destroy the materials as we require.
xviii. to avoid devaluing Evotech Performance accessories and the Evotech Performance brand, you will respect the individual RRPs that have been set on evotech-performance.com and will not list accessories for less than this price. You understand that any other purchase incentives that you would like to offer, e.g. free postage or other small promotional gifts, will not be supplied by Evotech Performance.
xix. you shall not sell, market, distribute or use for any purpose, or permit any third party to sell, market, distribute or use for any purpose, any Evotech Performance goods which are damaged or defective.
xx. you are given no assurance or guarantee that the use of the Evotech Performance brand name or logos will not infringe the intellectual property rights of any third party. Evotech performance will not be liable for any costs, expenses, damages or losses arising your sale of goods bearing the Evotech Performance brand name or logos. You shall also indemnify Evotech Performance against all liabilities, costs, expenses, damages and losses suffered or incurred by us in relation to any intellectual property infringement claims arising out of or in connection with your sales. If you are notified of any actual, suspected or threatened claim for infringement, or any other form of threatened attack against the use or validity of any of Evotech Performance’s intellectual property rights, then you undertake to notify us immediately in writing.
xxi. handling all sales, enquiries and other correspondence with my customers and all aspects of my customer’s billing and payment is your own responsibility.
xxii. failure to observe and comply with these terms and conditions, and the policies set out in the Brand Guidelines in relation to the correct use of the brand assets may result in the termination of your trade account and may also result in legal action.
More information about this can be requested via email@example.com.
As a trade customer, it is your responsibility to ensure that your delivery address details are entered correctly at the time of your order and that an appropriate delivery day and time is selected so that the courier can successfully deliver to you. If a shipment cannot be delivered to the address specified on the order or is refused on delivery and is subsequently returned to us by the courier, you will be refunded for the cost of the shipment, but will be liable for the delivery costs incurred.
Please note that it is also your responsibility to ensure that the relevant import duties for the destination country are paid at customs. If the shipment is refused at customs, it will be returned to us and you will be liable for all associated delivery costs, including any return import duties. You are also liable for any damage to the shipment that has been sustained in transit. Please be aware that some countries operate a refuse and destroy policy and Evotech Performance accepts no liability if a shipment is disposed of in the above circumstances.
As a trade customer, you are also liable for the proper input of your customer delivery details, as above, if you choose to ‘drop ship’ an order via www.evotech-performance.com.
Please also see the below section for information regarding returns, replacements and warranty.
Returns and replacements
Trade customer returns
When you purchase a product from www.evotech-performance.com, you have the right to cancel your order at any time before your goods are dispatched or within 30 days after delivery. This 30-day period begins on the day after you receive the goods.
When returning an item/items that you purchased from us, you will have to pay the return postage and will be liable for any damage to the products. We will only refund the return postage if we have sent the wrong product(s), the product(s) are faulty, or for any other reason that is our fault. To return an item within the 30-day period, please follow the instructions and complete the form here.
Returns from your customers
We’re confident that your customers will be happy with their Evotech Performance accessories. However, it is important that you clearly display your own terms and conditions at the point of purchase, with particular attention to your customer returns/exchange policy to avoid any confusion if a customer does want to return their product for any reason.
When reselling products from Evotech Performance, you are liable for all your customer returns, including returns under Evotech Performance’s manufacturer warranty (see below section). Evotech Performance will not be liable for the direct return or replacement of products purchased via any of our trade customers’ channels. This also applies to trade customers who ‘drop ship’ their customer orders via www.evotech-performance.com.
We’re proud of the excellent quality and durability of all our products and as a result are pleased to offer a 12-month warranty on all items. These warranties cover all EP products purchased from www.evotech-performance.com that have developed a manufacturing fault. Using the product off-road or in a situation that is considered non-standard deems the warranty void. A product returned under warranty should always be sent back to us for evaluation, and we will always refund the return postage if the product is faulty.
Our warranties begin on the day you, our trade customer, receives your EP product purchased from www.evotech-performance.com. If a product is already damaged when you receive it, please follow the instructions and complete the returns form here. Please ensure you have your proof of purchase to hand, e.g. your EP email order confirmation, before attempting to make a claim.
If you are a reseller and an EP product you have sold on to your customer develops a fault within 12 months of you receiving the product, they will need to contact you in the first instance to organise a return. In these circumstances, you are responsible for any refund/exchange your customer requests. Please note that our manufacturer warranty period begins when you receive the product purchased from www.evotech-performance.com and not when the end customer receives it. Please make sure that you clearly outline these warranty claims procedures within your own terms and conditions to avoid confusion.
To subsequently make a warranty claim to us for the faulty product returned by your customer, please complete the warranty returns form here before returning the product on to us.
You can ask for further advice by calling (International +44 (0) 1507 466729), write to us at Beechings Way Alford Lincolnshire LN13 9JE United Kingdom or email firstname.lastname@example.org. Please do not return a product to us before completing the relevant form.
In the unlikely event that we have to recall any of our accessories for any reason, we will contact you to let you know and send you a replacement(s), free of charge. If we need you to return the faulty product(s), we will also cover the relevant postage costs. Please note that in the event of a recall, it is your responsibility to inform your customers and provide the replacement product (supplied to you by us), unless you have ‘drop shipped’ a customer order. In this instance, we will inform the customer of the recall and send the replacement directly.
How we use your data
You can opt in or opt-out of receiving marketing communications from us when you open your trade account by ticking the relevant boxes, or any time after that by emailing email@example.com. However, by opting out of marketing communications, you will still receive service-related communications from us which are necessary for operating and managing your Evotech Performance trade account.