Terms & Conditions

 

Evermore (Group) Pty Ltd Site Terms & Conditions

These Terms and Conditions and our Privacy Policy govern your use of the Evermore Website and your relationship with Evermore (Group) Pty Ltd. Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions and/or our Privacy Policy, please do not register for or use the Evermore Website. Please note that to use any of the ordering services provided on the Evermore Website, you are required to register as an authorised customer on the site.

Use of the Evermore Website

The Evermore Website is provided to you free of charge for your personal use subject to these Terms and Conditions and our Privacy Policy. By using the Evermore Website you agree to be bound by these Terms and Conditions and our Privacy Policy. All orders made on the Evermore Website will also be subject to these Terms and Conditions.

Amendments

We may update these Terms and Conditions from time to time and any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on the Evermore Website. The changes will apply to the use of the Evermore Website after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the Evermore Website. If you continue to use the Evermore Website after the date on which the change comes into effect, your use of the Evermore Website indicates your agreement to be bound by the new Terms and Conditions.

Registration

To register with the Evermore Website you must be over eighteen years of age.

You must ensure that the details provided by you on registration or at any time are correct and complete.

You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.

Your account will only be activated after we have verified your details. In the process of verifying your details, we may contact you via phone or email.

Password and security

When you register to use the Evermore Website you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting Customer Services (see below for contact details) immediately.

If Evermore has reason to believe that there is likely to be a breach of security or misuse of the Evermore Website, we may require you to change your password or we may suspend your account in accordance with the conditions set out below.

Evermore Customer

You need to be an existing Evermore (Group) customer to shop at the Evermore Website.

If you are not an existing Evermore (Group) customer, please call Evermore (Group) Pty Ltd on the contact details below or from the ‘Contact Us’ section of the Evermore Website.

Refunds/Returns

Defective items will be replaced. Evemore (Group) will not process Refunds for incorrect purchase or change of mind after 7 days of purchase. All Refund requests need to be lodged through the returns section of the Evermore Website or made in writing to sales@evermore.com.au within 7 days of purchase.

Shipping Policy

We only ship within Australia. It is our company policy that we do not ship to Post Office box.

All deliveries are sent must be signed for at time of delivery. Shipping address cannot be changed once order(s) has been shipped.

Shipping time may vary depending on your location and verification procedures, please allow 2 – 7 days for delivery.

Limitation of liability

At all times our acceptance of an order takes place on despatch of the order, at which point the purchase contract will be made and you will be charged for your order.

All offers are subject to availability and while stocks last.

Evermore (Group) shall not be liable to any customer for any financial loss arising out of the refusal or cancellation of any order placed.

Miscellaneous

The failure of Evermore (Group) to take any action in respect of a breach of these terms and conditions shall not constitute a waiver of their enforceablility. Evermore (Group) reserves its rights in respect of these terms and conditions at all times.

Refunds on promotional offers

Refunds for goods purchased under a promotional offer will be based on the terms of the promotional price. Your statutory rights are not affected.

Excluded Services

The services provided by the Evermore Website do not include the provision of computer or other necessary equipment to access the Evermore Website. To use the Evermore Website you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone or other costs that you may incur.

Intellectual property

The content of the Evermore Website is protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of the Evermore Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Evermore Website without written permission from Evermore (Group).

No licence is granted to you in these Terms and Conditions to use any trade mark of Evermore (Group).

Limitations

You may not use the Evermore Website for any of the following purposes:

  • disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
  • transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice
  • gaining unauthorised access to other computer systems
  • interfering with any other person's use or enjoyment of the Evermore Website
  • breaching any laws concerning the use of public telecommunications networks
  • interfering or disrupting networks or web sites connected to the Evermore Website
  • making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner
  • Evermore (Group) reserves the right to refuse to post material on the Evermore Website or to remove material already posted on the Evermore Website.

You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:

  • any claim by any third party that the use of the Evermore Website by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
  • any claim by any third party that the use of the Evermore Website by you infringes that third party's copyright or other intellectual property rights of whatever nature; and
  • any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Evermore Website by you.

Availability of the Evermore Website

Although Evermore (Group) aims to offer you the best service possible, Evermore (Group) makes no promise that the services at the Evermore Website will meet your requirements. Evermore (Group) cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it to the Customer Services (see below for contact details) or by email at info@evermoregroup.com.au and we will attempt to correct the fault as soon as we reasonably can.

Your access to the Evermore Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. Evermore (Group) will attempt to restore the service as soon as it reasonably can.

Evermore (Group)’s right to suspend or cancel your registration

Evermore (Group) may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.

You can cancel this agreement at any time by informing us in writing. If you do so, you must stop using the Evermore Website.

The suspension or cancellation of your registration and your right to use the Evermore Website shall not affect either party's rights or liabilities.

Evermore (Group)'s liability

The Evermore Website is provided by Evermore (Group) without any warranties or guarantees. You must bear the risks associated with the use of the Internet.

The Evermore Website provides content from other Internet sites or resources and while Evermore (Group) tries to ensure that material included on the Evermore Website is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Evermore (Group) will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Evermore Website. If Evermore (Group) is informed of any inaccuracies in the material on the Site we will attempt to correct the inaccuracies as soon as we reasonably can.

In particular, we disclaim all liabilities in connection with the following:

  • incompatibility of the Evermore Website with any of your equipment, software or telecommunications links
  • technical problems including errors or interruptions of the Evermore Website
  • unsuitability, unreliability or inaccuracy of the Evermore Website
  • inadequacy of the Evermore Website to meet your requirements

To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Evermore Website.

Our acceptance of an order takes place on despatch of the order, at which point the purchase contract will be made and you will be charged for your order

Third Party Websites

As a convenience to Evermore (Group) customers, the Evermore Website may includes links to other web sites or material which are beyond its control. Evermore (Group) is not responsible for content on the Internet or World Wide Web pages outside the Evermore Website.

Applicable Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Australia and any disputes will be decided only by the Australian courts.

International Use

Evermore (Group) makes no promise that materials on the Evermore Website are appropriate or available for use in locations outside Australia, and accessing the Evermore Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the Australia, you do so on your own initiative and are responsible for compliance with local laws.

Miscellaneous

You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions. If any provision of these Terms and Conditions is found to be invalid by any court havign competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

If you breach these Terms and Conditions and Evermore (Group) ignores this, Evermore (Group) will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.

Evermore (Group) shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.

A person who is not a party to these Terms and Conditions shall have no right under the relevant legislation to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.

The Evermore Website is owned and operated Evermore (Group) Pty Ltd, a company registered in New South Wales, Australia.

If you have any queries please contact Customer Services at:

info@evermoregroup.com.au

Or

Phone: (02) 9756 2238

 

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