Our Disclosures:
Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:
• We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted. Where we do so, we will refund you using the original payment made via the original payment method used for the order.
• Our liability under these terms is limited to the price paid by you for the products and services the subject of the relevant claim, and we will not be liable for consequential loss.
• We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site or for featuring certain products or services on the Site.
Nothing in these terms limits your rights under the Australian Consumer Law.
1 Introduction
(a) These terms and conditions are between TERM Group Pty Ltd as trustee for TERM Consulting Trust T/A Evolve Collections (ABN 76 308 639 105) ) (we, our or us) and you, the party placing an inquiry through our website (Site) or otherwise via direct communications with us through emails, phone calls, face to face meetings or otherwise for Evolve Collections and subsequently making an order.
(b) If you are placing the order on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.
2 Orders
(a) You acknowledge that our Site includes lookbooks of the different styles of products we provide, for example, ‘Contemporary’, ‘Classic’, ‘Coastal’, ‘Luxury’, ‘Hamptons’ and ‘Urban’ (Lookbooks). You agree the Lookbooks are examples only. Our Site does not set out the individual products to be provided for each style depicted in the Lookbooks and we do not guarantee all products shown in the Lookbooks will be available. Rather, to be supplied with products shown in a Lookbook, you must contact us through the ‘Contact Us’ functionality on our Site or otherwise contact us through email, in person etc. (Inquiry), we will subsequently reach out to you to discuss your individual needs and preferences depending on your preferred Lookbook, any other relevant information supplied by you, as well as the options Evolve Collections has on offer at the time of your Inquiry (noting, the offering may vary from time to time). We have this discussion to enable us to create a customised LookBook, based on your preferences (Customised LookBook). Following this, we will create a Product Schedule, being a schedule setting out a number of details including your name, address, contact details, and your preferred products from the Customised LookBook to be purchased (along with product information, price, quantity and image) (Product Schedule). Alternatively, if you are already aware of the style you are interested in, you can also make an Inquiry without reference to a LookBook. In this circumstance, we will direct you to recommended websites, showrooms, etc., and based on our discussions with you (through emails, telephone calls, etc.) we will either create a Product Schedule or issue you with an Invoice, depending on your requirements. Following this discussion, we will:
(1) If applicable, provide you with a Product Schedule, confirming the products you would like to purchase, alternatively, we may provide you with an invoice or email (Order).
(2) Following the issuance of the Product Schedule and invoice, it is your responsibility to check the Product Schedule details, including the selected products, delivery details, and pricing before you accept an Order. If there are any issues with the Product Schedule or invoice, i.e., it does not accurately reflect the products you would like to purchase or the delivery premises is incorrect, you must let us know and we will provide you with an amended Product Schedule. You acknowledge that prior to your confirmation of a Product Schedule, we may not have all of the supplier delivery charges available on the Product Schedule and/or invoice as these charges may vary depending on the number of items purchased from each supplier. If this applies to your Product Schedule, we flag this and provide you with a revised Product Schedule prior to an Order being accepted and finalised.
(3) Upon your confirmation that the Product Schedule is in final form and accurately reflects your Order and details, we will issue you with an invoice, and you must make payment of the invoice.
(4) Upon full or partial payment of the invoice, a binding agreement is formed for the supply of products to you and we will place the Order in accordance with these Terms.
(5) When your payment in accordance with the invoice has been validated, we will provide you with an order confirmation email, which may include an invoice marked paid.
(b) If a product is available for pre-order only (it is not currently in stock), this will be clearly indicated on our Product Schedule. We may display the date that the product is expected to be available for dispatch to you. These dates are an approximation only, and we will not be liable for any delay in the product being available for dispatch or the inaccuracy of the date.
(c) We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or if products ordered were subject to an error on our Site or Product Schedule (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order and a full refund will be issued for the amount paid by you in accordance with the Invoice.
3 Price and payments
(a) You must pay us the purchase price of each product you order, plus any applicable delivery costs as set out in the Product Schedule and/or Invoice (the Price) in accordance with this clause. All amounts are stated in Australian dollars and Australian GST (where applicable) will be set out separately.
(b) Unless we expressly permit partial payment, you must pay the Price upfront, products will not be ordered until the full Price has been paid.
(c) You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.
(d) The payment methods we offer are set out on the Invoice. We may offer payment through Electronic Funds Transfer (EFT), and if payment is made via EFT, we require the relevant EFT remittance. We may also accept payment through MasterCard/VISA/AMEX credit cards. However, if paying via credit card, fee applies.
(e) Where you order the products for delivery outside Australia, you may need to pay custom charges or taxes in addition to the Price.
4 Delivery, title and risk
(a) Products will be delivered to the delivery address noted on the Product Schedule.
(b) You acknowledge that delivery is arranged directly by the supplier of the products (Supplier Delivery). However, we may offer a ‘White Glove Service’ whereby we:
(1) consolidate the products in your Order from multiple suppliers;
(2) unpack those products;
(3) check the products for damage;
(4) perform a scheduled on-time delivery to the address as noted on the Product Schedule;
(5) unpack the products at your address;
(6) assemble and place items in their designated location (per your reasonable direction);
(7) hang supplied art and mirrors (if applicable); and
(8) style all the supplied products.
(White Glove Service)
(c) Note the White Glove Service will only be available for particular projects, based on their location and size, as determined at our sole discretion.
(d) If White Glove Service is available, this will be nominated separately, together with the fee applicable for the provision of that service to you.
(e) If White Glove Service is selected, you agree and acknowledge that:
(1) You must be at the delivery address (per the Product Schedule) at the nominated delivery time;
(2) You must ensure our reasonable, safe, and clear access to the delivery address to perform the White Glove Service;
(f) The dispatch of items will depend upon the relevant supplier’s availability of products. Supplier Delivery of products are normally dispatched within 5 business days of receiving an Order, unless otherwise noted on the Product Schedule.
(g) You acknowledge that custom products have longer lead times.
(h) Any products that are pre-ordered are, subject to their availability, normally dispatched within 2 – 36 weeks by Supplier Delivery (or, if selected, White Glove Service) of receiving the Order, unless otherwise noted on the Product Schedule. Any delivery periods displayed on the Product Schedule are estimates only, based on the information provided by the supplier and/or their relevant delivery company
(i) If you need to change the delivery day or delivery address, please notify us immediately in writing.
(j) We deliver the products using a range of delivery methods. You may need to sign for some deliveries. If neither you nor your authorised representative is at the delivery address to accept delivery, you agree that we may leave the products at your premises. If the products are left at your premises, you agree that we are not responsible for any damage, theft or otherwise to the products and you are solely responsible for the products left at your premises.
(k) Title to the products will remain with us until you have paid the Price in full for the products. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products.
(l) With the Supplier Delivery, risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your Product Schedule. In relation to the White Glove Service, risk in the products will pass to you as soon as we have completed the White Glove Service.
5 Warranty against defects
(a) In Australia, our goods come with guarantees which cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
(b) In addition to any other rights, you may have under the Australian Consumer Law, the supplier/manufacturer of the Goods we provide to you may provide additional warranties, which may be set out in the relevant documentation for those goods as provided prior to or upon purchase or alternatively the warranty may be noted on the supplier’s website or otherwise on a case by case basis (Warranty).
(c) What is a defect? Warranty generally applies to any fault, error or defects in the products (Defect)
(d) What do you need to do to claim the Warranty? For any Warranty claims, you may contact us to facilitate the warranty claim, but agree it will be submitted by us on your behalf to the relevant supplier/ manufacturer, and whether or not your claim will be accepted is dependent upon the terms and conditions of the supplier/manufacturer.
(e) Note that the following damage is not generally covered by Warranty:
(1) normal wear and tear;
(2) discolouration; and
(3) aesthetic blemishes
6 Australian Consumer Law
(a) We do not accept returns for change of mind or other circumstances. However, you may have rights to a repair, replacement or refund under the Australian Consumer Law.
(b) Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law (Consumer Law Rights). Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
(c) Where you return products to us to seek an Australian Consumer Law remedy, you will need to cover any associated costs (for example delivery costs) of you returning the products to us.
(d) Where your claim is a valid claim under the Australian Consumer Law, we will refund your return delivery costs and, depending on the failure, either dispatch a new or repaired replacement product or refund you the Price of the relevant product. Please contact us for further information.
7 Limitations
(a) Despite anything to the contrary, but subject to your Consumer Law Rights, to the maximum extent permitted by law:
(1) neither Party will be liable for Consequential Loss;
(2) each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party, including any failure by that Party to mitigate its losses; and
(3) our aggregate liability for any Liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the products the subject of the relevant claim.
(b) You agree that any information contained on the Site and any materials provided with our products (collectively Materials) are provided for general information purposes only and do not take into account your personal circumstances.
8 Intellectual property
(a) You acknowledge and agree that any intellectual property (including copyright and trademarks) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Site, the Lookbooks and the products) (Our Intellectual Property) will at all times vest, or remain vested, in us.
(b) We authorise you to use Our Intellectual Property solely for your own personal use, and in the manner in which it was intended to be used.
(c) You must not, without our prior written consent:
(1) copy, in whole or in part, any of Our Intellectual Property;
(2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
(3) breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.
(d) Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:
(1) you do not assert that you are the owner of Our Intellectual Property;
(2) unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
(3) you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
(4) you comply with all other terms of these Terms.
9 General
(a) Disputes: A Party may not commence court proceedings relating to a dispute without first meeting with the other Party to seek (in good faith) to resolve the dispute, failing which the Parties agree to engage a mediator to attempt to resolve the dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
(b) Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
(c) Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
(d) Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided the Party seeking to rely on the benefit of this clause, as soon as reasonably practical, notified the other Party in writing about the Force Majeure Event and the extent to which it is unable to perform its obligations and uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.
(e) Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.
(f) Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
(g) Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.
(h) Governing law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
(i) Third party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site, such third party provides the goods and services to you, not us.
10 Definitions
(a) Consequential Loss means, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise; any loss or damage that cannot be considered to arise according to the usual course of things from the relevant breach, act or omission, whether or not such loss or damage may reasonably be supposed to have been in the contemplation of the Parties at the time they entered into these Terms as the probably results of the relevant breach, act or omission, and/or, any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data. The Parties agree that your obligation to pay us the Price under these Terms will not constitute “Consequential Loss”.
(b) Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control.
(c) Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgement (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.
For any questions and notices, please contact us at:
TERM Group Pty Ltd as trustee for TERM Consulting Trust T/A Evolve Collections (ABN 76 308 639 105))
Address: 16 Luland St, Botany NSW 2019 AUSTRALIA
Phone Number: 02 90902319
Email: [email protected]
Last update: 29 August 2023.
