1.1 When the following words with capital letters are used in these Terms, they have the meaning set out below:
(a) Australian Consumer Law: means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
(b) Event Outside Our Control: is defined in clause 10.2;
(c) Order: your order for the Products via the website;
(d) Products: the goods and/or gift cards that We are selling to you;
(e) Terms: the terms and conditions set out in this document; and
(f) We/Our/Us: AquaBaci Pty Ltd, trading as EVY PROFESSIONAL , of PO Box 620 Eltham Victoria Australia 3095
1.2 When We use the words "writing" or "written" in these Terms, this will include e-mail unless We say otherwise.
2. OUR CONTRACT WITH YOU
2.1 These are the terms and conditions on which We supply Products to you.
2.2 Please ensure that you read these Terms carefully and check that the details of your Order are complete and accurate before you submit the Order.
2.3 These Terms and the Order constitute the whole agreement between you and Us.
2.4 When you submit the Order to Us, this does not mean We have accepted your Order. Our acceptance of the Order will take place as described in clause 2.5. If We are unable to supply you with the Products, We will inform you of this and We will not process the Order.
2.5 These Terms will become binding on you and Us when We issue you with a written acceptance of an Order, at which point a contract will come into existence between you and Us.
2.6 We shall assign an order number to the Order and inform you of it when We confirm the Order. Please quote the order number in all subsequent correspondence with Us relating to the Order.
3. CHANGES TO ORDER OR TERMS
3.1 We may revise these Terms from time to time so you should check the Terms prior to placing any future Order.
3.2 If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 12.
4. DELIVERY OF PRODUCTS
4.1 Please note that timescales for delivery and delivery charges will vary depending on the availability of the Products (including any pre-orders) and your address. Please consult the “Payment & Delivery” section of the website.
4.2 Delivery of an Order shall be completed when We deliver the Products to the address you gave Us.
4.3 If We are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, We will, except where your Order includes a pre-order, deliver the Order in instalments. We will not charge you extra delivery costs for this. However, if you ask Us to deliver the Order in instalments, We may charge you extra delivery costs. Each instalment shall constitute a separate contract governed by these Terms. If We are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
4.4 The Products will be your responsibility from the completion of delivery.
4.5 You own the Products once We have received payment in full.
4.6 On delivery of your Order please check the Products against the delivery note or covering email in the case of gift cards. If there is any discrepancy or if any Product is damaged please contact us within 7 days of receipt.
4.7 If you have not received your Order within 7 days of receiving the order confirmation please contact us.
5. IF PRODUCTS ARE FAULTY
As a consumer, you have legal rights in relation to consumer guarantees implied by the Australian Consumer Law. Nothing in these Terms will affect these legal rights.
6. OUR WARRANTY
6.1 We warrant that on delivery and for the period set out below, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 6.2.
Hair care/styling products
6.2 This warranty does not apply to any defect in the Products arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(c) if you fail to operate or use the Products in accordance with the user instructions; and
(d) any alteration or repair by you or by a third party.
6.3 This warranty is in addition to your legal rights in relation to the consumer guarantees implied by the Australian Consumer Law .
7. PRICE AND PAYMENT
7.1 The price of the Products will be the price in force at the time We confirm your Order. Our prices may change at any time, but price changes will not affect Orders that We have confirmed with you.
7.2 All prices include GST.
7.3 Depending on the method of delivery you select the prices for the Products may exclude delivery costs, which will be added to the total amount due. Please see the “Payment & Delivery” section of the website.
7.4 You must make payment for Products by credit or debit card or, if using Paypal, another method accepted by Paypal. We will collect funds from you when We despatch the Products.
8. EVENTS OUTSIDE OUR CONTROL
8.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
8.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
8.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
(a) We will contact you as soon as reasonably possible to notify you; and
(b) Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Products to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.
9.1 No promotion, discount or promotional code available for redemption on the website may be used in conjunction with another offer.
9.2 Only one promotional code can be used per Order.
9.3 A promotional code cannot be applied to an Order after it has been placed.
10. YOUR CANCELLATION RIGHTS
10.1 You have a right to cancel a contract at any time between placing your Order and 14 days from the day after the day you receive your Order. If you wish to cancel the contract, you must let Us know by telephone, letter, fax or email and then return the Products to Us. We shall provide you with a refund of the price paid for the Product within 14 days of the date we receive the Products or, if earlier, within 14 days from the date you provide proof of postage to Us.
10.2 In addition to clause 12.1 we have a 21 day no quibble returns policy. Please see the “Returns” section of the website.
11. OUR CANCELLATION RIGHTS
We may have to cancel an Order before the Products are delivered, due to an Event Outside Our Control or the unavailability of stock. We will contact you as soon as reasonably possible if this happens and offer you a choice of a refund or an alternative product.
12. INFORMATION ABOUT US AND HOW TO CONTACT US
12.1 We are a company based in Australia. Our registered office is at PO Box 620 Eltham Victoria Australia 3095
12.2 If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning Our customer service team on 1300 760 165 or by e-mailing Us using the contact form on the website.
12.3 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing, you can send this to Us by e-mail, by hand or by pre-paid post to the address set out in clause 14.1. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand or by pre-paid post to the address you provide to Us in the Order.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
14. OTHER IMPORTANT TERMS
14.1 We may transfer Our rights and obligations under these Terms to another organisation and We will always notify you in writing if this happens.
14.2 You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.
14.3 This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
14.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining terms will remain in full force and effect.
14.5 If We fail to insist that you perform any of your obligations under these Terms, if We do not enforce Our rights against you or if We delay in doing so that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you We will only do so in writing and that will not mean that We will automatically waive any later default by you.
14.6 These Terms are governed by the laws of the State of Victoria and where applicable, the Commonwealth of Australia. You and We both agree to submit to the non-exclusive jurisdiction of the courts of Victoria