EVOLVE DISTRIBUTION PTY LTD
ACN 639 032 714
1. MAKING A CONTRACT WITH US
1.1 When You place an Order with Us for one or more Products, You are making an offer to buy those Products from Us.
1.2 We may accept or reject an Order in Our sole discretion and nothing in this agreement requires us to supply you with Products which are unavailable or have been incorrectly listed for sale (including but not limited to pricing errors).
1.3 If We accept Your Order, We will provide You with access to Our payment gateway for payment of the Purchase Price in full. We will send You a confirmation e-mail when We have received the full Purchase Price for Your Order and agree to sell the Product to You.
Title and risk
1.4 Title to the Product accepted under clause 1.3 above passes from Us to You when You pay Us the full Purchase Price for those Products. You bear the risk relating to the Products from the time those Products are dispatched to You.
1.5 In accordance with clause 3 We will endeavour to deliver the Products to the address in the Order or request a third party to do so. Once We have dispatched Your Order We will e-mail You again to confirm that Your Order has been sent. You acknowledge that any delivery dates nominated or agreed to by Us are indicative only, and are not binding on Us.
1.6 You acknowledge and agree that:
(a) images of Products on packaging and the Website are for illustrative purposes only;
(b) Your Products may vary from the image shown on the packaging or Website;
(c) while Products may be shown assembled on the packaging or the Website, they may require assembly by You; and
(d) while We try to be as accurate as possible, subject to clause 5 We give no representation and make no warranty about the accuracy of information about the Products.
2. HOW TO PLACE AN ORDER
2.1 You can use the Website to place an Order by selecting the Product You wish to buy and adding it to Your basket. Products You do not wish to purchase can be removed from Your basket at any time. Alternatively, You can place an Order in person by visiting Our place of business during business hours.
2.2 The component of the Purchase Price which relates to shipping charges will be shown prior to submitting Your Order. You acknowledge and agree any shipping charges are estimates only and may change once Your Order is accepted by Us under clause 1.3.
2.3 Any promotional prices offered by Us from time to time will only apply to Products ordered during the stated period. We may extend, withdraw or amend any promotional pricing at any time in Our sole discretion.
2.4 Once Your Order has been accepted by Us under clause 1.3, changes to Your Order may not be possible or may incur additional charges or delays which We are not responsible for.
3.1 Unless you elect to collect your Products from our place of business in person, Products ordered will normally be dispatched from Our warehouse within one (1) week of Your Order date (except for Product pre-orders). Any estimated delivery dates are indicative only and may change without notice from time to time. Your Order may arrive in more than one delivery.
3.2 Subject to clause 5, We are not responsible for any loss or damage suffered or incurred by You as a result of:
(a) any incorrect shipping address nominated on Your Order;
(b) failure of Your Order to arrive in a merchantable condition due to damage incurred from the time the Product was dispatched to Our shipping agent; or
(c) Your Product being seized or destroyed in accordance with the import laws or practices of Your country.
3.3 If Your Order is returned to Us by our shipping agent due to a failure to deliver, We may charge You an additional fee for re-delivery of the Order.
3.4 When You receive Your Order, You must immediately inspect the Products for any damage. If Your Product is damaged or missing components on delivery, You must notify the delivery driver at the time of delivery and Us within two (2) days of the delivery date. Subject to clause 5, We will assess any warranty claim in accordance with clause 4.
4. RETURN OF PRODUCTS
Money back guarantee
4.1 We are so certain You’ll love Your Product, that We offer a 30-day money back guarantee! Without limiting clause 5, if for some reason You are not satisfied with a Product purchased from Us and the Product is in the same as-new condition it was in when it was sold to You, We may in Our discretion accept a refund request in accordance with this clause 4.
4.2 If You would like to take advantage of Our money back guarantee under clause 4.1, please contact Us within 7 days of receiving Your Order for a return authorization number and We will refund the Purchase Price less shipping and reasonable administrative costs once We receive and accept the Product in accordance with clause 4.3 below.
4.3 We reserve the right to refuse any refund under clause 4.1 above if the returned Product is different in any respect to the Product delivered, shows any signs of misuse, or is returned to Us without following the procedures in this clause 4. If We reject any Product returned to Us We will send the Product back to You at Your cost.
4.4 If You purchased a Product through a retailer and not directly from Us, in the first instance please contact the retailer for information about their returns policy. Subject to clause 5, We cannot authorise refunds on behalf of Our retailers.
4.5 Subject to clause 5 and without limiting Your rights at law, We warrant that Our Products will be free from defects in material and workmanship for a period of 12 months from the date You submit Your Order to Us.
4.6 The warranty under clause 4.5 above does not apply to Products that, in Our reasonable opinion, have been damaged due to:
(a) abuse, misuse, negligence, or accident (including riding in adverse weather conditions, dropping the board, smashing the board into objects etc);
(b) tampering or unauthorized alterations or repairs being made to the Product; or
(c) failure to comply with any user manuals or guidelines provided by Us from time to time.
4.7 Subject to clause 5, perishable or consumable components of Products…