Terms & Conditions
The following Terms and Conditions constitute an agreement (the “Agreement”) between you as the (“User”/”Client”) and Ever Nurture (“we”, “us”) (ABN: 28 691 198 838) and contain the terms and conditions that apply to your access and purchase of product(s) from Us.
Please read these terms carefully. By making a purchase from us, you signify that you agree with these terms and conditions. We reserve the right to modify this Agreement and/or the Policies (and update the Ever Nurture Web Page on which they are displayed) from time to time. A date stamp will be applied at the top of the page therefore it is important that you check this page regularly.
Ever Nurture is committed to safeguarding your privacy online.
This Website, including associated social media profiles, may contain links to third party websites. The inclusion of a link does not imply that Ever Nurture endorses, has investigated or verified the linked websites.
All prices are in Australian Dollars (AUD) and will be transacted via our website through an online payment system.
Full and punctual payment for product(s) will be required, before an order is confirmed.
We reserve the right to amend and/or change the pricing and rates at any given time.
Products purchased from Ever Nurture will be transported by Australia Post, or a courier service provider of Ever Nurture’s choosing.
Should you wish to opt-in for a tracking number with your delivery, please ensure you select this delivery option on check out.
Delivery addresses cannot be altered once an Order has been processed.
We make every reasonable effort through its packaging and its liaisons with its delivery services to ensure that your parcel is safe for transportation and arrives to you safely.
Ownership of parcels turned over to Ever Nurture transfers to the buyer. Ever Nurture will not be responsible for any loss, or damage to packages. We will not be responsible for any error in the supply of incorrect shipping information, or delivery errors.
The estimated delivery time-frame will range between 2-5 days. Please note however, this is an indication only. At certain times of the year (such as Christmas and Public Holiday periods), it can go beyond this, therefore we recommend allowing up to 10 business days for deliveries.
To ensure the safe delivery of your product(s), we recommend that someone is available to receive your order.
In circumstances where no one is present to receive the delivery, Australia Post or the courier service provider may return your order to the nearest post office, or depot for collection, causing a potential delay in your delivery.
Where a product has been listed at an incorrect price, incorrect description or image due to typographical error or similar oversight, Ever Nurture reserves the right to cancel and/or amend a transaction.
Where a Product ordered and received is faulty, defective, or declared as unsafe, Ever Nurture will offer a replacement or refund, with reasonable shipping costs refunded. Please note a receipt may be requested.
Should you change your mind about your purchase, a store credit will be offered after the receipt of the product back (unused and unopened) to our warehouse. However please note that postage back to Ever Nurture will be at your expense.
For all store credit requests the Client must contact Ever Nurture via email on email@example.com within fourteen (14) days of receiving the package. Once we receive your returned package and can confirm that it is eligible for store credit, we will process it within seven (7) days. The same refund/credit process applies if you have made a purchase using Afterpay.
Any other refund requests will be assessed on a case by case basis.
The information, blogs, text materials, graphics, logos, graphical user interface, look and feel, and control features of Ever Nurture’s Website and or any of its Platforms are owned and controlled for these purposes by Ever Nurture.
You may not modify, rent, lease, loan, sell, distribute or create derivative works based on any of the Content (either in whole or in part) unless you have been provided with prior written permission by Ever Nurture.
Ever Nurture shall not be liable for incidental or consequential damages or expenses. This includes (and is not limited to) any delays, errors, damage to property, lost of income, profits, any direct/indirect/special economic or commercial losses, third party claims, any punitive damages or any legal costs arising out of, or in connection to the use of products sold on Ever Nurture or the use of information provided by you through Ever Nurture and or its platforms.
You indemnify Ever Nurture against any action, liability, claim, loss, damage, proceeding or expense (including legal costs) suffered or incurred by Ever Nurture, arising out of, or in connection with your breach or non-observance of any term of these Terms and Conditions.
This warranty does not affect your statutory rights.
Ever Nurture makes no guarantee as to the availability or suitability of products on this Site.
You acknowledge that food or beauty products sold through Ever Nurture will include a clearly specified nutrition information panel which will outline allergen statements as well as contain a detailed listing of ingredients used each product. By purchasing a product, you acknowledge that you have read and fully acknowledged the detailed ingredients list specified for each of the product(s) available. We cannot be liable for any liability caused by you omitting to read ingredients.
DISPUTES AND MEDIATION
If the Client has a complaint about the Service they have received from Ever Nurture, please contact Ever Nurture directly through to firstname.lastname@example.org.
Mediation will be the first cause of action, if communications between the Client and Ever Nurture to attempt to resolve the dispute has exhausted.
All legal/mediation/arbitration fees associated with a dispute raised by the Client will be at the expense (in full) of the Client.
CHOICE OF LAW
The agreement herein is governed by the law in force in accordance to Victorian Law. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the Victorian Courts.
We reserve the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials, which violate any applicable or relevant law.