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 do 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.
Notwithstanding that the Supplier has accepted an Order in whole or in part, the Supplier may at any time prior to the fulfilment 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 fulfil 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 and online prices may vary to store prices.
Delivery of goods
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.
The costs of delivery are not included in the Price unless the customer qualifies for free shipping.
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. We will organise return shipping or, alternatively, cover the cost of your return shipping fee, provided proof of the delivery fee you have paid is provided to us.
In the case of incorrect choice or change of mind, we will provide an exchange or credit note, provided the following conditions are met:
- The item is still in its original condition and packaging, with all accessories included.
- The item has not been worn or used.
- Returned within 14 days of purchase (14 days from the delivery date for online orders).
- Accompanied by proof of purchase.
Please note, that in the case of incorrect choice or change of mind, EV Hair and Beauty will not cover the cost of return shipping, the original delivery fee or additional delivery fees. If you prefer, online purchases can be returned to our retail store with proof of purchase. Please see our website for store locations.
Return of Goods for Credit/Refund
The Customer may assert the right to reject the goods which are wrongly supplied or oversupplied, or which are not in accordance with any express representations or these terms, by notifying the Supplier of the claim in writing and within fourteen (14) days of the goods leaving the possession of the Supplier.
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.
Goods may be returned for credit if they are:
- Returned within fourteen (14) days after the Supplier has accepted the Customer’s claim in writing and at the Customer’s expense unless the Goods were delivered as a result of an administrative error in which case the Supplier shall bear the cost of return;
- Returned in an undamaged and saleable condition in their original packing.
- Accompanied by proof of purchase.
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.