Terms & Conditions
These terms and conditions are the contract between you and Evella Pty Ltd (“us”, “we”, etc.).
By visiting or using Our Website, you agree to be bound by them.
I/ We: Evella Pty Ltd, ABN 35 626 656 013
Our address is: 2/727 Stanley St, Woolloongabba QLD 4102
You: Anyone who uses Our Website
Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately.
The terms and conditions:
In this agreement:
means any person or business contracted by us to carry Goods from us to you.
means any content in any form published on Our Website by us or any third party with our consent.
means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you.
means any website of ours, and includes all web pages controlled by us.
means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly.
In this agreement unless the context otherwise requires:
3. Our contract with you
4. Acceptance of your order
4.1 Your order is an offer to buy from us. Nothing said or done by us is an acceptance of an order until we confirm acceptance in writing, referring to the order.
4.2 At any time before the Goods are despatched, we may decline to supply the Goods to you without giving any reason.
5. Price and payment
5.1 Prices include goods and services tax (“GST”). If you show by your delivery address that you reside outside Australia, we will refund to you the amount charged as GST.
5.2 [If the item you order is available in parts, you must pay us the full price of your order before we will send any part of it.]
5.3 Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Australian dollar will be borne by you.
5.4 [Any information given by us in relation to exchange rates are approximate only and may vary from time to time.]
5.5 If, by mistake, we have under-priced Goods, we will not be liable to supply those Goods to you at the stated price, provided that we notify you before we dispatch it to you.
5.6 The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay.
5.7 If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than  days from the date when we accept that repayment is due.
6. Security of your credit card
We take care to make Our Website safe for you to use.
6.1 Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
6.2 If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.
7. Delivery and pick up
7.14.1 we will not be able to assist you in loading heavy items;
7.14.2 Goods are at your risk from the moment they are picked up by you or your Carrier from our shop / warehouse;
7.14.3 you agree that you are responsible for everything that happens after you take possession of the Goods, both on and off our premises, including damage to property of any sort, belonging to any person.
8. Foreign taxes and duties
9. Liability for subsequent defects
10. Goods returned
These provisions apply in the event that you return any Goods to us for any reason:
11.1 The law differs from one country to another. This paragraph applies so far as the applicable law allows.
11.2 All the conditions, warranties or other terms implied by the law of any county other than Australia are excluded from this agreement to the extent permitted by law.
11.3 We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.
11.4 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
11.5 We give no warranty and make no representation, express or implied, as to:
11.5.1 the quality of the Goods;
11.5.2 any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
11.5.3 the correspondence of the Goods with any description;
11.5.4 the adequacy or appropriateness of the Goods for your purpose;
11.5.5 the truth of any Content on Our Website;
11.5.6 non-infringement of any right.
11.6 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.
11.7 Except in the case of liability for personal injury or death, our liability under this contract is limited, to the maximum extent permitted by law, to the value of the Goods you have purchased.
12. Your account with us
12.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
12.2 If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.
12.3 You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
13. Restrictions on what you may Post to Our Website
You agree that you will not use or allow anyone else to use Our Website to Post Content which is or may:
13.1 be malicious or defamatory;
13.2 consist in commercial audio, video or music files;
13.3 be illegal, obscene, offensive, threatening or violent;
13.4 be sexually explicit or pornographic;
13.5 be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
13.6 give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
13.7 solicit passwords or personal information from anyone;
13.8 be used to sell any goods or services or for any other commercial use;
13.9 include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
13.10 link to any of the material specified above, in this paragraph;
13.11 send age-inappropriate communications or Content to anyone under the age of 18.
14. Your Posting: restricted content
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
14.1 hyperlinks, other than those specifically authorised by us;
14.2 keywords or words repeated, which are irrelevant to the Content Posted;
14.3 the name, logo or trademark of any organisation other than yours;
14.4 inaccurate, false, or misleading information.
15. How we handle your Content
15.2 If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control over who sees it or what anyone does with it.
15.3 Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
15.4 We need the freedom to be able to publicise our Services and your own use of them. You therefore now irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, in public domains and in any medium. You represent and warrant that you are authorised to grant all such rights.
15.5 We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
15.6 You agree to any act or omission which may otherwise infringe your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act 1968.
15.7 [You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical].
15.8 Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
15.9 You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
15.10 You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
15.11 Please notify us of any security breach or unauthorised use of your account.
15.12 [We do not solicit ideas or text for improvement of our Service, but if you do send to us material of any sort, you are deemed to have granted us a licence to use it in the terms set out at sub paragraph [five / number] above].
16. Removal of offensive Content
16.1 For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
16.2 We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
16.3 If you are offended by any Content, the following procedure applies:
16.3.1 Your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.
16.3.2 we shall remove the offending Content as soon as we are reasonably able;
16.3.3 after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
16.4 We may re-instate the Content about which you have complained or not.
16.5 In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
16.6 You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
17. Security of Our Website
If you violate Our Website we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
17.1 modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
17.2 link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;
17.3 download any part of Our Website, without our express written consent;
17.4 collect or use any product listings, descriptions, or prices;
17.5 collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
17.6 aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;
17.7 share with a third party any login credentials to Our Website.
17.8 Despite the above terms, we now grant a licence to you to:
17.8.1 create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
17.8.2 you may copy the text of any page for your personal use in connection with the purpose of Our Website.
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
18.1 your failure to comply with the law of any country;
18.2 your breach of this agreement;
18.3 any act, neglect or default by any agent, employee, licensee or customer of yours;
18.4 a contractual claim arising from your use of the Goods;
18.5 a breach of the intellectual property rights of any person.
19. Intellectual Property
19.1 We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
19.2 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
19.3 You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
19.4 Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
20. Miscellaneous matters
20.1 When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
20.2 Where we provide goods or [services] without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.
20.3 If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
20.4 The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
20.5 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
20.6 Any communication to be served on either party by the other shall be delivered by hand or sent by express post or by e-mail.
20.7 It shall be deemed to have been delivered:
20.7.1 If delivered by hand: on day of delivery;
20.7.2 If sent by post to the correct address: within 72 hours of posting;
20.7.3 If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
20.8 In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
20.9 So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.
20.10 Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, [including any labour dispute between a party and its employees].
20.11 In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
20.12 The validity, construction and performance of this agreement shall be governed by the laws of the State of Queensland and you agree that any dispute arising from it shall be litigated only in that State.