Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to EVER ELI.
The terms “we”, “us” and “our” refer to EVER ELI. EVER ELI operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”).
EVER ELI is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service, together with any policies referenced herein (collectively, the “Terms”), describe your rights and responsibilities when you access or use the Services.
Please read these Terms carefully.
By visiting, interacting with or using our Services, including purchasing products from EVER ELI, you agree to be bound by these Terms and our Privacy Policy.
If you do not agree to these Terms or our Privacy Policy, you should not use or access our Services.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy available to you under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms, you represent that you are at least the age of majority in your state or territory of residence, or that you have provided consent for any minor dependants to use the Services on devices you own, purchase or manage.
To use certain Services, including purchasing products from our online store, you may be asked to provide information such as your name, email address, billing information, payment information and shipping information.
You represent that the information you provide is accurate, current and complete and that you have the necessary rights to provide that information.
You are responsible for maintaining the confidentiality and security of your account credentials and for activity conducted through your account.
You may not transfer, sell, assign or license your account to another person.
SECTION 2 – OUR PRODUCTS
We make reasonable efforts to accurately represent our products, including their colours, appearance, dimensions and details.
However, colours and product appearance may vary depending on the screen, device, display settings and other technology used to view our website.
Product photographs, illustrations and descriptions are provided to assist you in understanding the product. Minor variations may occur where appropriate and subject to applicable law.
Product descriptions, availability and specifications may be updated from time to time.
We reserve the right to discontinue products and, where appropriate, limit quantities available to a person, geographic region or jurisdiction.
Nothing in this section excludes or limits your rights under Australian Consumer Law.
SECTION 3 – ORDERS
When you place an order with EVER ELI, you are making an offer to purchase the products contained in your order.
Your order is not accepted until EVER ELI confirms acceptance and payment has been successfully processed.
We reserve the right to decline or cancel an order where reasonably necessary, including where:
- a product is unavailable;
- there has been an obvious pricing or product information error;
- payment cannot be processed;
- we reasonably suspect fraudulent or unauthorised activity; or
- we are otherwise unable to fulfil the order.
If an order is cancelled after payment has been processed, any amount paid for the cancelled products will be refunded as appropriate.
Please review your order carefully before submitting it. Once an order has entered the fulfilment process, we may not be able to accommodate cancellation or amendment requests.
Where we need to contact you regarding an order, we may use the email address, telephone number or other contact information supplied when the order was placed.
Returns and exchanges are governed by our Return & Refund Policy, subject always to your rights under Australian Consumer Law.
Products purchased through our consumer online store are intended primarily for personal or household use unless otherwise agreed with EVER ELI.
SECTION 4 – PRICES AND BILLING
All prices displayed on the EVER ELI Australian store are in Australian Dollars (AUD) unless otherwise stated.
Prices, discounts and promotions may change from time to time.
The price applicable to your purchase will generally be the price displayed when your order is placed, subject to correction of genuine errors and applicable law.
Where EVER ELI is required to charge GST, displayed consumer prices will include GST unless clearly stated otherwise.
Shipping charges and other applicable costs will be displayed before you complete your purchase where applicable.
You agree to provide accurate, current and complete purchase, payment and account information.
You represent that you are authorised to use the payment method provided for your purchase.
Promotions may be subject to separate terms and conditions. Where promotion-specific conditions apply, those conditions will govern the relevant promotion to the extent of any inconsistency.
SECTION 5 – SHIPPING AND DELIVERY
Orders are processed and delivered in accordance with our Shipping Policy.
Delivery timeframes provided by EVER ELI are estimates unless expressly stated otherwise.
Delivery may occasionally be affected by carrier delays, weather, peak periods or other circumstances outside our reasonable control.
Where an order appears delayed, missing or damaged during delivery, please contact us at hello@evereli.com.au so that we can assist with investigating the issue.
Nothing in this section excludes, restricts or modifies any rights or remedies available to you under Australian Consumer Law.
SECTION 6 – INTELLECTUAL PROPERTY
The Services and their content, including trademarks, brand names, logos, text, graphics, photographs, illustrations, videos, audio, website design, product imagery and other materials, are owned by or licensed to EVER ELI, Shopify or their respective rights holders and are protected by applicable Australian and international intellectual property laws.
The Services are provided for your personal, non-commercial use.
Unless expressly permitted by law or authorised by EVER ELI in writing, you must not reproduce, distribute, modify, republish, commercially exploit, publicly display, transmit or create derivative works from material belonging to EVER ELI.
Nothing in these Terms grants you ownership of, or a licence to use, EVER ELI intellectual property except as expressly stated.
Unauthorised use of our intellectual property may violate applicable intellectual property laws.
The EVER ELI name, logos, collection names, product names, designs, branding and slogans may constitute intellectual property belonging to EVER ELI or its licensors.
Shopify's names, logos and other intellectual property remain the property of Shopify or its licensors.
All rights not expressly granted are reserved.
SECTION 7 – OPTIONAL TOOLS
We may provide access to tools, features or services offered by third parties.
We may not monitor or control these third-party tools.
Your use of optional third-party tools is subject to the terms and policies of the relevant provider and is at your discretion.
We may introduce additional features, resources or tools to the Services in the future. Unless otherwise stated, those features will also form part of the Services and be subject to these Terms.
Nothing in this section excludes liability that cannot lawfully be excluded.
SECTION 8 – THIRD-PARTY LINKS
Our Services may contain links to websites, services or content operated by third parties.
We do not control third-party websites and are not responsible for their content, privacy practices, availability or accuracy.
If you access a third-party website through a link from EVER ELI, you should review that third party's applicable terms, conditions and privacy policies.
Questions, complaints or claims concerning products or services supplied directly by a third party should generally be directed to that third party.
Nothing in this section excludes any responsibility EVER ELI may have under applicable law.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
EVER ELI is powered by Shopify, which provides technology that enables us to operate our online store and provide the Services.
However, purchases made from the EVER ELI store are transactions directly between you and EVER ELI.
Shopify is not the seller of EVER ELI products.
To the maximum extent permitted by law, Shopify is not responsible for the products sold by EVER ELI or for obligations arising solely from the sale of those products by EVER ELI.
Nothing in this section excludes rights or liabilities that cannot lawfully be excluded.
SECTION 10 – PRIVACY
Personal information collected through the Services is handled in accordance with our Privacy Policy.
Our online store is hosted by Shopify.
As part of providing the technology required to operate the store, Shopify may collect and process certain personal information relating to your access to and use of the Services.
Information may also be provided to service providers that assist us with functions such as payments, fulfilment, communications, analytics and website operation.
Some service providers may process information outside Australia.
Please refer to our Privacy Policy for further information about how personal information is collected, used, disclosed and protected.
Shopify's own privacy practices are governed by its applicable privacy policies.
SECTION 11 – FEEDBACK, REVIEWS AND USER CONTENT
If you voluntarily submit feedback, reviews, photographs, suggestions, ideas or other content to EVER ELI (“Feedback”), you represent that you have the necessary rights to provide that material.
Where permitted by law, you grant EVER ELI a non-exclusive, worldwide, royalty-free licence to use, reproduce, publish, display and adapt Feedback for legitimate business purposes, including operating, improving and promoting EVER ELI and its products.
You must not submit content that:
- infringes another person's intellectual property or privacy rights;
- is unlawful, defamatory or misleading;
- contains malicious software;
- impersonates another person; or
- is otherwise prohibited by law.
Where required, you must disclose any compensation or incentive received in connection with a review or endorsement.
We may moderate or remove Feedback where reasonably necessary, including where it breaches these Terms or applicable law.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our website may contain typographical errors, inaccuracies or omissions relating to matters such as product descriptions, availability, pricing, promotions, shipping costs or delivery estimates.
We reserve the right to correct genuine errors and update information where appropriate.
If an error materially affects an order you have placed, we will act reasonably and in accordance with applicable law, including contacting you where appropriate.
Nothing in this section limits your rights under Australian Consumer Law.
SECTION 13 – PROHIBITED USES
You may use the Services only for lawful purposes.
You must not use the Services:
- for unlawful, fraudulent or malicious purposes;
- to violate applicable laws or regulations;
- to infringe intellectual property rights;
- to harass, abuse, threaten or defame another person;
- to transmit deliberately false or misleading information;
- to distribute spam, malware or malicious code;
- to impersonate another person or organisation;
- to improperly collect personal information about others;
- to interfere with the security or operation of the Services;
- to circumvent security or access controls; or
- in another manner that materially interferes with other users' ability to access or enjoy the Services.
Automated access, scraping, data extraction or similar activity may be restricted where reasonably necessary to protect the Services, our intellectual property, customers or infrastructure.
We may restrict or terminate access where we reasonably believe these Terms have been materially breached.
SECTION 14 – AUTOMATED AGENTS
This section applies where software, artificial intelligence systems or other autonomous or semi-autonomous technologies (“Agents”) access or interact with our Services.
Agents must not conceal their automated nature, circumvent reasonable technical restrictions or security measures, or misrepresent themselves as human users.
We may use reasonable technical measures to control or restrict automated access to the Services.
Automated access must comply with applicable law, these Terms and any technical requirements reasonably implemented by EVER ELI or Shopify.
SECTION 15 – TERMINATION
We may suspend or terminate access to some or all of the Services where reasonably necessary, including where you materially breach these Terms, engage in unlawful activity or misuse the Services.
Termination does not affect rights or obligations that accrued before termination.
Provisions that by their nature are intended to continue after termination — including provisions relating to intellectual property, privacy, liability and applicable law — will continue to apply.
SECTION 16 – WARRANTIES AND AUSTRALIAN CONSUMER LAW
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, warranty, right or remedy conferred by the Australian Consumer Law or another applicable law where doing so would be unlawful.
Subject to those rights and to the maximum extent permitted by law, we do not guarantee that access to our website will always be uninterrupted, secure or error-free.
General information provided through the Services is provided for informational purposes and should not be relied upon where professional advice would reasonably be required.
Any warranties, representations or conditions that may lawfully be excluded are excluded to the maximum extent permitted by law.
SECTION 17 – LIMITATION OF LIABILITY
Nothing in these Terms excludes, restricts or modifies liability, rights or remedies where doing so would be unlawful, including rights available under Australian Consumer Law.
Subject to the preceding paragraph and to the maximum extent permitted by law, EVER ELI will not be liable for indirect, incidental, special or consequential loss arising from use of the Services where such loss was not reasonably foreseeable or where liability may lawfully be excluded.
Where liability may lawfully be limited, EVER ELI's liability will be limited only to the extent permitted by applicable law.
This section does not limit liability that cannot legally be excluded or limited.
SECTION 18 – INDEMNIFICATION
To the extent permitted by law, you agree to indemnify EVER ELI against reasonable losses, liabilities or claims arising directly from:
- your material breach of these Terms;
- your unlawful use of the Services; or
- your infringement of another person's rights.
This obligation does not apply to the extent that the relevant loss was caused or contributed to by EVER ELI or where such an indemnity would be prohibited by applicable law.
SECTION 19 – SEVERABILITY
If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be interpreted or severed to the minimum extent necessary.
The remaining provisions will continue in full force and effect.
SECTION 20 – WAIVER AND ENTIRE AGREEMENT
A failure by EVER ELI to immediately exercise or enforce a right under these Terms does not constitute a waiver of that right.
These Terms, together with the policies and other terms incorporated by reference, constitute the agreement governing your use of the Services.
Nothing in this section excludes representations, guarantees or other rights that cannot lawfully be excluded.
SECTION 21 – ASSIGNMENT
You may not assign or transfer your rights or obligations under these Terms without our prior written consent where consent is reasonably required.
EVER ELI may assign or transfer its rights and obligations in connection with a legitimate transfer, restructuring or sale of the business, subject to applicable law.
SECTION 22 – GOVERNING LAW
These Terms are governed by the laws of Queensland, Australia, and applicable Commonwealth laws.
You and EVER ELI submit to the jurisdiction of the courts of that State or Territory and any courts entitled to hear appeals from them.
Nothing in this section limits any rights you may have to bring a claim in another jurisdiction where applicable law gives you that right.
SECTION 23 – HEADINGS
Headings are included for convenience only and do not affect the interpretation of these Terms.
SECTION 24 – CHANGES TO THESE TERMS
The current version of these Terms will be available on our website.
We may update these Terms from time to time to reflect changes to our Services, business practices or applicable law.
Where a change is material and notification is required by law, we will provide appropriate notice.
Changes will take effect from the date specified or, where no date is specified, when the updated Terms are published, subject to applicable law.
SECTION 25 – CONTACT INFORMATION
Questions regarding these Terms or EVER ELI may be sent to:
EVER ELI
Email: hello@evereli.com.au
Website: evereli.com.au
Australia
ABN: 13 724 590 017
Additional business contact information will be made available where required by applicable law.