Terms and Conditions
TERMS AND CONDITIONS
Last updated on 20 August 2018.
These terms and conditions (Terms) govern your use of the Eve of Indigo website located at https://eveofindigo.com.au/ (Website) and our supply of goods through the Website. By using the Website, you agree to be bound by these Terms which form a binding contractual agreement between you, the user of the Website and us, Eve of Indigo ABN 20408564606 (Eve of Indigo, our, we or us).
These Terms set out the terms and conditions that apply when you use this Website and if you offer to purchase goods through the Website (Goods).
We may change these Terms at any time by updating this page of the Website, and your continued use of the Website following such an update will represent an agreement by you to be bound by the Terms as amended.
- USE OF THE WEBSITE
- ACCESS AND USE OF THE WEBSITE
You must only use the Website in accordance with these Terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with the Terms and any applicable laws.
- YOUR OBLIGATIONS
You must not:
- copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Eve of Indigo;
- use the Website for any purpose other than the purposes of browsing, selecting or purchasing Goods;
- use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
- use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
- use the Website with the assistance of any automated scripting tool or software;
- act in a way that may diminish or adversely impact the reputation of Eve of Indigo, including by linking to the Website on any other website; and
- attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
- gaining unauthorised access to Website accounts or data;
- scanning, probing or testing the Website for security vulnerabilities;
- overloading, flooding, mailbombing, crashing or submitting a virus to the Website;
- instigate or participate in a denial-of-service attack against the Website.
- INFORMATION ON THE WEBSITE
While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
- the Website will be free from errors or defects;
- the Website will be accessible at all times;
- messages sent through the Website will be delivered promptly, or delivered at all;
- information you receive or supply through the Website will be secure or confidential; or
- any information provided through the Website is accurate or true.
We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.
- INTELLECTUAL PROPERTY
- Eve of Indigo retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
- You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Eve of Indigo or as permitted by law.
- LINKS TO OTHER WEBSITES
- The Website may contain links to other websites that are not our responsibility.
- We have no control over the content of the linked websites and we are not responsible for it.
- Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
Eve of Indigo does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
- REPORTING MISUSE
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.
- SUPPLY TERMS
- OFFER TO PURCHASE
By submitting an order for purchase of a Good using the Website’s functionality (Purchase Order) you represent and confirm that you:
- have the legal capacity and are of sufficient age to enter into a binding contract with us; and
- are authorised to use the debit or credit card included in your order.
Submitting a Purchase Order constitutes your intention and offer to enter into a contract, where we will provide you with the Goods you have ordered in exchange for your payment of the total amount listed upon checkout. A contract is not formed until we have approved your payment and you receive an email from us confirming that your order is being processed.
- (Payment obligations) Unless otherwise agreed in writing:
- if Eve of Indigo issues an invoice to you, payment must be made by the time specified in such invoice;
- in all other circumstances, you must pay for all Goods on or prior to Eve of Indigo dispatching the Goods for delivery; and
- you must not set off any money alleged to be owing by Eve of Indigo against money due by you to Eve of Indigo.
- (GST) In relation to any GST payable for a taxable supply by Eve of Indigo, you must pay the GST subject to Eve of Indigo providing a tax invoice.
- (Card surcharges) Eve of Indigo reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard, American Express or Diners Club).
- (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payments for Goods. The processing of payments by the Payment Provider will be, in addition to these Terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
We reserve the right to cancel your order for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.
- PRICING ERRORS
In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
- DELIVERY AND SHIPPING
- (Delivery) For Goods to be delivered, Eve of Indigo may charge you for delivery at any time (notwithstanding that it may not have previously done so). Where prices are stated as inclusive of delivery, delivery is to the delivery point specifically accepted by Eve of Indigo. We use third party delivery providers and all deliveries are subject to the relevant delivery providers terms and conditions.
- (Shipping) All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.
- TITLE AND RISK
- (Title) Until the price of Goods is paid in full, title in those Goods is retained by Eve of Indigo.
- (Risk) Risk in the Goods will pass to you on delivery. Delivery must not be refused by you.
- (Failure to pay) If you do not pay for any Goods on or before the due date for payment:
- or you otherwise fail to comply with these Terms, and by the terms of sale credit has been extended to you, Eve of Indigo reserves the right to revoke such credit and demand immediate payment before any further shipment of Goods;
- you must pay Eve of Indigo interest at the rate of 12% per annum on each amount outstanding, from the due date for payment to the date on which the payment is received by Eve of Indigo;
- you authorise Eve of Indigo, its employees and agents to enter any premises occupied by you or any other place where the Goods are located and use reasonable force to retake possession of the Goods without liability for trespass or any reasonable damage;
- Eve of Indigo may at its option keep or resell Goods retaken from the Buyer; and
- if you sell Goods or items into which the Goods are incorporated before payment in full to Eve of Indigo, you acknowledge that such sale is made by you as bailee for and on behalf of Eve of Indigo, to hold the proceeds of sale on trust for Eve of Indigo, in an account in the name of Eve of Indigo, and must pay that amount to Eve of Indigo on demand.
- CUSTOMS AND DUTIES
Eve of Indigo reserves the right to refuse international orders. Approved international orders may be subject to customs and import duties upon reaching its country of destination. You will be responsible for paying all customs and import duties and acknowledge that failure to pay may result in your order being held at customs. We will not be liable for any costs you may incur in having your order released from customs, including reimbursing you for any customs or import duties you may pay.
- RETURNS & EXCHANGES
- Returns of Goods will only be accepted if:
- the Goods are faulty and you comply with the provisions of this clause; or
- the Goods are new, unused and tagged (if applicable) and we agree in writing to accept return of the Goods.
- (Returns) We will not provide a refund for change of mind, change of size or other similar reason. However, we may (in our discretion) offer you a store credit in accordance with our returns policy set out on the ‘Returns’ page of our Website.
- (Faulty products) If you believe your Goods are faulty, please contact us using the details provided on our website with a full description of the fault (including images if possible).
If we determine that your Goods may be faulty, we will request that you send the product back to us at your cost for further inspection, including any accessories, manuals, documentation or registration shipped with the product. We reserve the right to further inspection before deeming a product faulty.
If we determine in our reasonable opinion that the product is not faulty, or is faulty due to fair wear and tear, misuse, failure to use in accordance with the manufacturer’s instructions, or failure to take reasonable care, we will refuse your return and send the product back to you at your own cost.
If we determine that the product is faulty, you will be credited the full amount paid (including shipping costs) and you may request a refund, exchange or store credit. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.
If you fail to comply with the provisions of this clause in respect of defective Goods, we may, in our discretion, issue only a partial refund or no refund in respect of such defective Goods, provided that nothing in this clause is intended to limit the operation of any manufacturers’ warranties which you may be entitled to or any your rights which cannot be excluded under applicable law.
- PRODUCT DESCRIPTIONS
- (Product descriptions) Please note that our product descriptions have been adapted by descriptions provided by the supplier of the relevant product. We have not verified the accuracy of the descriptions and you should contact the supplier if you have any questions or concerns. We will not be liable for any errors or inaccuracies in relation to the product descriptions.
- (Eco-friendly, natural and ethical products) Eve of Indigo supports the use of eco-friendly, natural and ethically-sourced products, and endeavours only to resell Goods from product suppliers that share similar values. However, Eve of Indigo has not verified suppliers’ claims in product descriptions that any of the products sold on the Website are ‘eco-friendly,’ ‘natural,’ ‘ethically sourced’ and are certified in any of the foregoing or otherwise. Eve of Indigo expressly disclaims any liability if these claims are not accurate.
- GIFT CARDS
We may issue gift cards for use in our online store. Gift cards are valid online at our Website and are redeemable through our checkout in accordance with the process set out on the gift card or otherwise communicated to you. Gift cards are not legal tender, account cards, credit or debit cards or securities. They are not reloadable and cannot be exchanged or redeemed for cash, a discount, or anything else.
- USE OF PRODUCTS
You agree to only use the Goods in accordance with the manufacturers instructions, including any safety or other requirements included with the Goods.
Eve of Indigo is committed to supporting charitable causes and aims to give a percentage of after-tax profit generated to a charity or not-for-profit organisation (Donatee). The Donatee will generally be identified on the Website. Eve of Indigo will generally make the donations every quarter during a financial year, and it will be approximately equal to 5% of the total gross profit made from Eve of Indigo’s sales (calculated by total sale value minus taxes and costs of goods sold).
However, although Eve of Indigo will use reasonable efforts to make these donations, it has no direct obligation to you to do so and does not guarantee or warrant that the donations will be made every quarter, including where the Donatee refuses the donation or where Eve of Indigo is unable to due to its financial circumstances. Eve of Indigo may vary the amount of the donations for any reason.
- (Limitation of liability) To the maximum extent permitted by applicable law, Eve of Indigo limits completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to these Terms or any goods or services provided by Eve of Indigo, to $100AUD.
Claims for loss of or damage to Goods in transit must be made against the carrier.
Goods sold by Eve of Indigo will have only the benefit of any warranty given by the manufacturer. All other express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded. Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee into these Terms which may not lawfully be excluded, then to the maximum extent permitted by applicable law, Eve of Indigo’s liability for breach of that non-excludable condition, warranty or guarantee will, at Eve of Indigo’s option, be limited to:
- in the case of goods, their replacement or the supply of equivalent goods or their repair; and
- in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.
- (Indemnity) You agree to indemnify Eve of Indigo and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from your or your representatives’ use of any goods or services provided by Eve of Indigo.
- (Consequential loss) Under no circumstances will Eve of Indigo be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this agreement or any goods or services provided by Eve of Indigo.
- (Governing law) This agreement is governed by the law applying in New South Wales.
- (Jurisdiction) Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
- (Amendments) These Terms may only be amended by Eve of Indigo in accordance with the Terms.
- (Waiver) No party to these Terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
- (Further acts) Each party must promptly do all further acts and execute and deliver all further documents required by law or reasonably requested by another party to give effect to these Terms.
- (Assignment) A party cannot assign, novate or otherwise transfer any of its rights or obligations under these Terms without the prior written consent of the other party.
- (Entire Agreement) These Terms embody the entire agreement between the parties and supersede any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of the Terms.
- (Interpretation) In these Terms, the following rules of interpretation apply:
- (singular and plural) words in the singular includes the plural (and vice versa);
- (gender) words indicating a gender includes the corresponding words of any other gender;
- (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
- (person) a reference to “person” or ”you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
- (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
- (these Terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these Terms, and a reference to these Terms includes all schedules, exhibits, attachments and annexures to it;
- (document) a reference to a document (including these Terms) is to that document as varied, novated, ratified or replaced from time to time;
- (headings) headings and words in bold type are for convenience only and do not affect interpretation;
- (includes) the word “includes” and similar words in any form is not a word of limitation; and
- (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.