Please read the following terms and conditions before placing your order as they form the sale agreement between you (the customer) and EV Hair & Beauty (the supplier).
At its discretion, the Supplier will supply the Goods to the Customer upon receipt of confirmation of payment from the Customer. If we choose not to accept the order, we will refund you using the same method of payment.
The Supplier reserves the right to accept or decline in whole or in part at any time, any order made by the Customer with respect to the supply of Goods. No reason needs to be given.
Notwithstanding that the Supplier has accepted an Order in whole or in part, the Supplier may at any time prior to the fulfillment of the Order refuse to supply that Order in whole or in part.
Each Order is subject to the Supplier having the Goods available to fulfill that Order.
When any Order is placed, the Customer shall inform the Supplier of any facts which might reasonably affect any decision to accept the Order. Any failure to do so shall be deemed to create an inequality of bargaining position, the taking of an unfair advantage of the Supplier and to be unconscionable, misleading and deceptive.
Our prices are in Australian Dollars and include 10% Goods and Services Tax (GST)
We reserve the right to change our prices at any time without notice and online prices may vary to store prices.
We do not issue rainchecks for sale items which are out of stock.
Delivery of goods
The costs of delivery are not included in the Price unless the customer qualifies for free shipping.
Delivery of the Goods shall be deemed to take place when the Goods are collected by the Customer, or are delivered to the Customer by the carrier as nominated by the Supplier.
All deliveries will be sent with 'authority to leave'. We do not take responsibility for orders that are lost, stolen or damaged once the parcel has been delivered to the correct delivery address.
Deliveries cannot be made on specific days or at/in-between specific times. Nor are we able to call or sms you when deliveries arrive. Any such requests will be disregarded.
If you prefer a signature to be requested on delivery, please contact us immediately after placing your order. Once we receive your request, we will invoice you an additional $3 for the signature on delivery service. This must be paid prior to your delivery being sent.
At our discretion, we may ask for a signature on delivery for high value parcels. There is no additional charge if the request is made by us. Any instructions for authority to leave relating to high value parcels will be ignored.
For late or missing parcels, we reserve the right to lodge an investigation with our shipping provider to help us determine if you are eligible for a refund or the re-sending of your order to you. Investigations can take up to ten business days to reach an outcome.
We reserve the right to charge our current flat-rate fees for parcel re-deliveries that result from customer error (e.g incorrect address entered during checkout.)
Risk, Liability & Warranties
The Customer acknowledges that the Supplier shall not be liable for and the Customer releases the Supplier from:
- Any loss or damage or for consequential loss or damage whatever due to failure or inability by the Supplier to supply or deliver the Goods promptly or at all;
- Any claims in respect of faulty or defective Goods supplied or delivered;
- Physical or financial injury, loss or damage arising in relation to the supply or delivery of the Goods;
The Supplier’s liability shall be limited to the Price of the Goods or the cost of the repair or re-supply of the Goods, at the discretion and election of the Supplier.
The Customer acknowledges that time is not of the essence for supply and delivery.
The Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. In the event that the Customer fails to take delivery of the Goods as arranged then the Supplier shall be entitled at its discretion to cancel the Order.
For late or missing parcels, we reserve the right to lodge an investigation with our shipping provider before refunding you or re-sending the parcel. Investigations can take up to ten business days.
If the Supplier’s ability to perform its obligations is adversely affected by any cause beyond the Supplier’s control, the Supplier may terminate the Order in writing or suspend it for up to three (3) months by giving the Customer written notice.
The Customer must accept delivery of the Goods notwithstanding any delay in delivery caused by events beyond the Supplier’s control.
Use of Goods
The Customer acknowledges that some of the Goods supplied by the Supplier may be inherently dangerous and/or contain chemicals that have the potential to cause physical or financial injury and loss or damage including consequential loss or damage and further agrees that:
- The Supplier is not liable for any loss or damage or for consequential loss or damage resulting from the acts, omissions or negligence that arises directly or indirectly in connection with the Customer’s use of the Goods;
- The Customer acknowledges that they have not relied on any representation or warranty from the Supplier with respect to the merchantable quality, description, quality, suitability or fitness of the Goods;
- The Customer acknowledges that it is the Customer’s responsibility to fully inform itself and understand the risks associated with the use of the Goods;
- The Customer further acknowledges sole responsibility for any damage or injury to property or third party caused by using the sold Goods and indemnifies the Supplier in full for any and all claims made upon him arising from the use of the Goods;
- The Customer has relied on its own knowledge and expertise in selecting the Goods and has acknowledges that it has not relied upon any advice or assistance provided by the Supplier.
Except as provided in these conditions all express and implied warranties, guarantees and conditions under statute or general law as to merchantable quality, description, quality, suitability or fitness of the Goods for any purpose is expressly excluded.
If a product or service you buy fails to meet a consumer guarantee, you have the right to ask for a repair, replacement or refund under the Australian Consumer Law. If we ask you to return the item, this will be at our cost. We will supply you with an return label and provide return instructions. Please note we reserve the right to verify warranty claims before providing a repair, replacement or refund. If your warranty claim is not approved, we will not cover the cost of returning the item back to you.
Refunds with Afterpay:
Afterpay - In-store: Refunds for purchases made with Afterpay in-store can only be processed in-store.
Afterpay - Online: Refunds for purchases made with Afterpay online can only be processed online.
Incorrect Choice/Change of Mind
In the case of incorrect choice or change of mind, we will provide an exchange or credit note for in-store purchases, while an e-gift card will be issued in lieu of a credit note or exchange for items purchased on our website. Change of mind/incorrect choice returns will only be approved if the following conditions are met:
- For returns where the product was originally purchased in-store: You must return to the store in order to process your return. Please ensure to bring your proof of purchase.
- For returns where the product was purchased on our website: The item must be returned to us using the Australia Post return label we provide you and you authorise us to deduct $6.95 from your return amount to cover the cost of this return. If you cannot print or use our label in any way, return shipping will be at your expense.
- The item is still in its original condition and packaging, with all accessories included. It must be unused, undamaged and in a resaleable condition. You agree that if the items are damaged in transit to us, we will not be able to approve your return.
- The item needs to be returned to us within 14 days from the date you received it (we will accept the return so long as it is posted to us within this time window).
Please note, in the case of incorrect choice or change of mind, EV Hair and Beauty will not provide a refund or credit for the original delivery fee (if any).
All incorrect choice/change of mind returns of online orders will be issued with an e-gift card and so your replacement items need to be purchased again through our website. As such, re-delivery fees will be charged at our current flat-rate prices and standard free shipping thresholds apply.
If you are a local customer, online purchases can be returned to our retail store with proof of purchase. Please see our website for store locations.
Please note: In-store credit notes issued cannot be used on our website. However, upon request, we can provide you with a e-gift card instead of a credit note so that you can redeem your credit on our website.
Claims for soiled items, items damaged in transit, wrongly supplied or missing items must be made in writing within 7 days from when the item is delivered to you. No claims will be recognised after this time. Please note that such claims will be subject to our approval after weight checks, photographic evidence and/or other methods are used to verify your claim. If we ask you to return the item, this will be at our cost.
The Customer must not return any Goods to the Supplier unless it has complied with the above Clause and has done all things necessary to permit the Supplier to examine the Goods. Such inspection is to be carried out within a reasonable time after notification.
Default, Security & Charge
If the Supplier does not receive the outstanding balance for the Goods within seven days of delivery or pick up, the Supplier may issue to the Customer a final demand letter.
If the Supplier does not receive the outstanding balance for the Goods within seven days from the due date stipulated in the final demand letter (“Default Date”), the Supplier may without prejudice to any other remedy it may have, forward the Customer’s outstanding account to a debt collection agency for further action. The Customer acknowledges and agrees that:
- After the Default Date, the Outstanding Balance shall include, but not limited to, all applicable fees and charges under this agreement;
- The Supplier may incur commission costs charged by the debt recovery agency on the Aggregate Sum (as defined below) at an applicable rate agreed between the Supplier and the debt recovery agency (“Commission Rate”);
- The Customer will be responsible for payment of the aggregate of the Outstanding Balance and all commission costs incurred by the Supplier (“Aggregate Sum”), the intention of the parties being that the Supplier will receive the whole outstanding balance after the deduction of commission costs and other expenses;
- The Aggregate Sum will be calculated as follows:
Aggregate Sum = Outstanding Balance
(1 – Commission Rate)
- The Aggregate Sum may be referred to a debt collection agency for further action;
- The Aggregate Sum will be payable as a liquidated debt on demand;
- The Customer is also responsible for all expenses in relation to the collection of the Aggregate Sum including, but not limited to, all charges and fees, legal costs on an indemnity basis, and disbursements.
Where the Customer is an individual
If the Outstanding Balance exceeds the sum of $2,000.00, the Customer further acknowledges and agrees that should the Customer fail to pay the Aggregate Sum to the Supplier within fourteen (14) days after a demand in writing, the Customer and/or Guarantor charges his/her/their real property, located in the Commonwealth of Australia, which is either owned wholly or in part (“the property”), with an equitable interest equal to the indebtedness of the Customer to the Supplier and authorises the Supplier to lodge a caveat on the property until the Aggregate Sum is received in full by the Supplier without prejudice to any other rights the Supplier may have under the law. The Customer and/or Guarantor shall also be liable for all costs incurred by the Supplier arising from this clause on an indemnity basis.
Where the Customer is a company
If the Outstanding Balance exceeds the sum of $2,000.00, the Customer further acknowledges and agrees that should the Customer fail to pay the Aggregate Sum to the Supplier within fourteen (14) days after demand in writing, the Customer and/or Guarantor grants a fixed and/or floating charge over its assets, including trading stock (“the assets”) in favour of the Supplier and irrevocably authorises the Supplier to register the charge and the Supplier’s interest in the charge with the Australian Securities and Investments Commission and will do all such acts as are necessary for this to occur until the Aggregate Sum is received in full by the Supplier without prejudice to any other rights the Supplier may have under the law. The Customer and/or Guarantor shall also be liable for all costs incurred by the Supplier under this clause on an indemnity basis.
This agreement is deemed to be made in the State of New South Wales and all disputes hereunder shall be determined by a Court in New South Wales of competent jurisdiction.