Returns:

All returns require a Return Merchandise Authorization (RMA) from our Customer Service Department. Please e-mail us at info@eviva.us to obtain an RMA. The reason for the return must be clearly stated in the e-mail. Before taking any action you must have received a response from EVIVA LLC, with an RMA number. All shipments sent to EVIVA LLC without an RMA number will be refused and the associated charges will be the sole responsibility of the sender. No returns will be accepted or any credit granted without an RMA.

All claims for non-damaged EVIVA LLC brand returns must be made within 30 calendar days of receipt of merchandise, and only apply to merchandise in perfect (as-shipped) condition and in the original, undamaged packaging. Non-damaged, non-EVIVA LLC brand item returns must be made within 10 calendar days of receipt of merchandise. All returned items must be returned in “new” or “like new” condition, in undamaged original manufacturer’s packaging and crating materials when applicable and with all original product materials, manuals and instructions.

The following types of items may not be returned under any circumstance:

  • Items that have been partially or completely installed and/or assembled.
  • Custom or special orders
  • Discontinued items, unless the product is faulty
  • Any products identified as “Floor Model” or “Off Price” or any other term indicating that the item is not first quality merchandise, whether the item(s) have been picked up or not

To provide any credit or replacement units we must first have a chance to receive and completely inspect your return. After the product is received, inspected and verified to be in “like new” condition, a full refund will be provided based on the product purchase price minus any original shipping charges and any return shipping charges and minus a 20% restocking/re-handling charge. Non-EVIVA LLC brand items are subject to a 25% restocking fee, as per the manufacturers’ policies. For products sold with “Free Shipping” the actual freight cost to originally ship the product to and from your ship-to address will be deducted from your refund. Shipping charges on returns due to no fault of the customer shall be the responsibility of EVIVA LLC.

If you refuse an item delivered by a commercial freight company for any reason other than externally visible damaged merchandise or a shipping error by us, the item shall be treated as a customer return and charges described above shall be applied. Any additional freight carrier charges shall be billed to you.

Items being returned must ALWAYS be sent via ground transportation, insured by the sender. The sender is responsible for arranging the shipping carrier and pick-up for delivery back to EVIVA LLC in Paramus, NJ, unless the return is due to no fault of the sender (for example, damaged merchandise or wrong item received). Shipping charges for items that are sent back by any means other than ground transportation (cheapest available) will be the responsibility of the sender. This includes when the item is being returned at our expense – it must be sent cheapest method possible. EVIVA LLC will arrange the pick up and pay the freight and insurance for items returned due to manufacturer error, damages or any other reason that is not caused by the purchaser.

Payment for returns and/or refunds will be made to the original purchaser and credit card purchases will be refunded to the original credit card used at the time of purchase. All other purchase types will be refunded by check. Purchases made by check will be refunded up to 14 days after inspection of returned items or after the cancellation date.

Receiving your order:

We use either DHL, FedEx or common freight carrier for our deliveries. We offer only curbside delivery unless specifically requested by the customer. Unless specifically requested, no truck lift-gate service is ordered for delivery. In some cases (larger orders) your shipment may consist of a number of individual boxes placed on a single pallet. The pallet may need to be separated to be unloaded. Please note that you may need to have at least one other person to help the driver with unloading. If you do require additional unloading help or lift-gate services from the carrier, you may contact the freight carrier directly to request such service, however any additional charges for custom unloading are to be your responsibility.

When receiving your order, you are responsible for the following:

  • Count all pieces of your freight. Ensure that all pieces are accounted for BEFORE you sign for them (for example, if you have signed for 5 pieces, but only received 4 pieces it will be assumed by EVIVA LLC and the freight carrier that you have actually received 5 pieces).
  • Check shipment for any visible damage to containers. If the boxes are dented, crushed, scratched, punctured, or cut it is very important to mark this on the bill of lading. If there is a possibility of damage it may be necessary to open the box and mark the actual damage on the bill of lading. It is important to be specific. See Refusing a Freight Shipment for more details.
  • Check the contents (inside) of all boxes before the driver leaves to ensure that the contents do not have concealed damage. Due to the nature of the products we sell, boxes that have been dropped may not show obvious signs of external damage. This is very unusual, but could happen. The driver may refuse to allow you the time to open specific boxes – if this is the case, open the boxes as soon as possible to inspect for damage.All damage claims, concealed or otherwise, MUST be reported within 48 hours of delivery in order to be accepted and honored. All damage claims must be supported with photographs to fully support the claim. If we need to replace a damaged item it is in your best interest to contact us immediately, so we don’t sell out of this item during the time you waited to report the issue. If the item is no longer available, customer service will assist you to make alternative arrangements, or arrange a refund.

Purchaser agrees to indemnify EVIVA LLC in full for any damages or liability that it incurs related to the delivery of merchandise or product that is caused by any negligence or omission on the part of the purchaser.

Damage and refusing a freight shippent:

If the shipment is damaged and unusable, it may be necessary to refuse part or all of the order. Call our shipping department at 201-250-8900 before refusing any shipment. EVIVA LLC will assist in filing a freight claim for damaged freight if the carrier is our normal in-house carrier. If the carrier was chosen by the consignee then it will be the responsibility of the consignee to file such a claim. Should a shipment arrive with damages caused by the carrier, the carrier will return the merchandise “Dead Head” at no cost to either party.

Any external evidence of loss or damage that occurred during transit is considered visible loss or damage and must be noted on the bill of lading and signed by the carrier’s agent (driver). Failure to adequately describe the visible loss or damage could result in the carrier delaying or refusing to honor the freight claim.

Any damage that occurred during transit that was not visible at the time of delivery is considered concealed loss or damage. Due to rough handling in transit it is possible to damage the contents of a container without damaging the container itself. If such a situation occurs it is important to contact EVIVA LLC immediately for instructions on how to handle the claim. Please do not file a claim with the freight company yourself – if they deny your claim we have no recourse with them and thus cannot replace anything that is damaged. If a claim is to be filed it is important to save the container that the damaged merchandise arrived in. At least two clear pictures are to be mailed or e-mailed to customer service immediately at info@eviva.us. You must open all received boxes and inspect products for concealed damage within 7 calendar days (5 business days) of delivery and EVIVA LLC must be notified at that time. After this time frame claims may not be honored.

EVIVA LLC reserves the right to replace any damaged merchandise within 14 calendar days of notification by the customer. If a replacement item is available for shipping within that time period then a refund cannot be issued. If no replacement is available, the damaged item(s) will be refunded in full if the damage was the fault of EVIVA LLC.

Freight carrier fees:

EVIVA LLC is only responsible (under the “Free Shipping” policy) for curbside delivery. Modern Bathroom will pay the basic delivery charges to the curb, and the residential delivery charge (assessed by all carriers) only. If other services, such as in-home delivery services are requested by the customer and billed to EVIVA LLC, all such fees shall then be re-billed to your credit card.

If the freight carrier is unable to deliver the freight due to problems with contacting you or setting up delivery appointments, storage fees may be assessed by the carrier – in such case all storage fees are the responsibility of the customer and shall be billed to your credit card. Any additional freight carrier’s fees such as re-delivery, special notification, storage due to lack of response to appointment requests, returns due to lack of response and lift-gate services, are the responsibility of the customer (unless otherwise noted on your order). The customer is also responsible for additional charges caused by a change of address without notification in the required amount of time (7 days prior to delivery)