The information contained within this document relates to the Evolu.com online store, trading under Evolu New Zealand Limited.

Evolu is the trading name for Evolu New Zealand Limited (referred to in these terms and conditions as Evolu).

Disclaimer

The content of this website is general and is provided for information purposes only. The material on this website is not and should not be regarded as advice, including legal or medical advice. To the fullest extent permitted by law, Evolu does not give any express or implied warranties and makes no representations in relation to this website. In particular, while reasonable care is taken in its preparation, Evolu does not guarantee or warrant the accuracy, reliability, completeness or currency of the information on this website or its usefulness in achieving any purpose. Information on this website should not be used without validating that information from appropriate sources and obtaining professional advice where it is prudent to do so. You should make and rely upon your own assessments and enquires to verify the accuracy of the information provided.

In addition, to the fullest extent permitted by law, Evolu does not warrant that the website itself is free from any computer viruses or other defects or that your access to the website will be continuous or uninterrupted. Evolu accepts no liability arising from your access to this website.

Limitation of Liability

Subject to the provisions of consumer protection legislation that cannot be excluded, Evolu accepts no liability arising from the information on this website, or on websites linked from this website, being incorrect, incomplete or misleading. To the fullest extent permitted by law, Evolu will not be liable for any loss, damage, cost or expense incurred in or arising by reason of any person relying on the information on this website. Where conditions and warranties implied by law cannot be excluded, Evolu limits its liability, where it is entitled to do so, to the resupply of the relevant service and goods, or paying you the cost of that resupply.

Intellectual Property

Copyright

All content on this website, including text, graphics, logos, photographs, audio and video clips and data compilations is the property of Evolu New Zealand Limited or its content suppliers and protected by New Zealand and international copyright laws. The compilation of all content on this site is the exclusive property of Evolu New Zealand Limited and protected by New Zealand and international copyright laws.

Trademarks

Evolu and all related graphics, photographs, logos, and product and service names are trade marks (both registered and unregistered) of Evolu New Zealand Limited or its affiliates in other countries. These trade marks, logos and other proprietary graphics may not be used in connection with any other product or service without Evolu's express prior written consent.

Licence and Site Access

Evolu grants you a limited licence to access and make personal use of this site and not to download (other than page caching or to access wholesale inquiry forms designed for downloading) or modify it, or any portion of it, except with Evolu's express prior written consent. This licence does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express prior written consent of Evolu. You may not use any metatags or any other hidden text using Evolu's name or trade marks without Evolu's express prior written consent. Any unauthorised use will automatically terminate the licence granted above.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to evolu.com so long as the link does not portray Evolu, its affiliates, or their products or services in a false, misleading, derogatory or otherwise offensive manner. If requested by Evolu, you must remove any hyperlink to this website contained on your website or any other digital content. You may not use any Evolu logo or other proprietary graphic or trade mark as part of the link without Evolu's express prior written consent.

Third Party Websites

Evolu may include links on this website to websites owned by other parties. Evolu is not in any way responsible for the material contained on these sites, nor is Evolu responsible for the availability of these sites. Evolu does not endorse and is not responsible or liable for any content, including advertising or products offered on these sites, nor is Evolu responsible for any damage, offence or loss caused as the result of visiting these websites.

Evolu recommends that before you visit any website you check that your computer is running up-to-date virus checking software.

Terms of Trade

If you purchase any products via this website, you must agree to Evolu's Terms of Trade (see Shipping and Shopping).

Privacy

Personal information provided to Evolu via this website will be handled in accordance with Evolu's Privacy Policy.

Security

Evolu's credit card transactions are fulfilled by a banking institution authorised under the laws applicable to this website. When collecting credit card information for online purchases, Evolu utilises a third-party secure transaction gateway that encrypts your information in transit to prevent others from accessing it. All information is stored on secure servers. Evolu has no access to your credit card details.

Although Evolu engages all reasonable efforts to safeguard the security of your information, transmissions made on or through the internet cannot be guaranteed to be entirely secure. Please contact your financial institution immediately if you become aware of unauthorised use of your account.

You will need to register to use certain parts of this website. When registering, you will be required to nominate a username and password. You must keep this username and password safe and must not disclose this information to any third party. If you become aware of unauthorised use of your account, please notify us immediately.

Cookies

If your web browser is set up to accept cookies, a cookie will be stored on your hard drive when you visit Evolu's website. Cookies allow Evolu to collect information about your computer, which may include your IP address (a number assigned to your computer when you register with an Internet Service Provider), type of browser, operating system, domain name, and the details of any website which has referred you to this website. Evolu uses cookies to track and collect information about which parts of Evolu's site and newsletter (including links to other websites) are being visited by you.

Cookies also allow Evolu to recognise your computer while you are on Evolu's site, and to send you to the country of origin and language you selected on your first visit to Evolu's site. This information is used to maintain the quality of our service and to provide tracking and statistics regarding the use of our website.

If you would rather not have this information stored on your computer, you can configure your browser so it does not accept cookies. However, if you disable cookies you may not be able to access all parts of this website, including the purchase section.

General

Evolu may vary these terms and conditions at any time by publishing a revised version of the terms and conditions on this website.

Each provision of these Terms & Conditions shall be construed separately and independently of each other. If any provision shall be deemed to be invalid, void or otherwise unenforceable, that term shall be deemed severable from and not affect the enforceability of any other provision of these Terms & Conditions.

The law applicable to this website is the law of New Zealand.

Shipping and Shopping

The information contained within this document relates to the Evolu.com online store, trading under Evolu New Zealand Limited.

Please read these Terms of Trade carefully as they contain important information including warranty disclaimers and limitations of liability.

Definitions and Application

In these Terms of Trade, "Evolu" means Evolu New Zealand Limited (Company No.947697) trading as Evolu, 'you' means the organisation or individual who is ordering product on the website, and the "Products" means the Evolu products which may be ordered on the website.

These Terms of Trade apply to any purchase of any Products by you from this website which are delivered in New Zealand.

Shipping Fee

The shipping fee will be:

Within NZ: $4.95.
Outside NZ: Calculated by NZ Post according to weight of goods ordered, distance to destination, and delivery method chosen by customer

Orders

To submit an order for Products (Order), you must:

  • create an account with Evolu on this website by registering your details and creating an username and password; and
  • complete and submit the online order through your Evolu account.

Evolu reserves the right to refuse any Order. In such case, Evolu will notify you as soon as reasonably practicable and refund to you any payment in full.

All products ordered are for personal use and gifting only. They must not be resold in any form or any place; Evolu reserves the right to take legal action against unauthorised and unofficial sale of goods.

Prices and Payment

All prices on the website are in New Zealand dollars and are inclusive of GST. Prices are subject to change without notice.

The amount payable to Evolu for an Order (Order Amount) will be the total of the following amounts:

  • the sum of the price of each Product ordered as indicated on the website at the time of submitting the Order (Product Subtotal);
  • the cost of delivery determined in accordance with Delivery stated above, and
  • the sum of any other fees which Evolu levies from time to time and which you have agreed to pay by providing your electronic consent (e.g. subscription fees).

You must pay the Order Amount by one of the methods provided at checkout at the time of submitting the Order. Evolu accepts Visa and Mastercard.

Delivery

Following acceptance of an Order, Evolu will:

  • use reasonable endeavours to deliver the Order within 10 working days from the date the Order was submitted by you; and
  • send the Order by courier to a street address

You may be required for sign for deliveries made by couriers.

Please note Evolu is currently unable to support time slot delivery.

Consumer Guarantees Act 1993 (“CGA”)

Where you acquire (or hold out to be acquiring) the Products in trade you agree to contract out of the CGA which will not apply out of the contract of sale.

Nothing in these terms (particularly the clauses headed “No Warranty”, “Liability” and “Return of Goods”) is intended to inconsistent with a consumers rights under the CGA. Where the CGA applies, and if the Products fail to comply with any guarantee under the CGA, Evolu will repair or replace those Products. Evolu does not provide any “Express Guarantees” as defined in the CGA.

Liability

Without limiting Evolu's legal rights arising from any failure by you to make a payment in accordance with these Terms of Trade, Evolu reserves the right, in its absolute discretion, to take any of the following actions against you if you fail to make such a payment:

  • withhold supply and dispose of the Products requested in the Order, and/or
  • refuse to deal further with you, and Evolu will not be liable to you for any loss or damage directly or indirectly resulting from any such action.

Subject to clause 38 and to the fullest extent permitted by law, the Products are sold and information is rendered to you on the understanding that you have sole responsibility for determining the suitability of the Products for the purposes for which you intend to use them.

Subject to the following "No Warranty" clauses and to the fullest extent permitted by law, the liability of Evolu for any loss or damage suffered by you as a result of Evolu breaching its obligations under these Terms of Trade or other tortious duty (including arising by reason of defects in the Products) is limited to a refund or replacement of the relevant Products.

No Warranty

Subject to clause38 and to the fullest extent permitted by law, Evolu gives no representation or warranty in respect of the Products condition, quality or fitness for any purpose. It is your responsibility to satisfy yourself as to the condition, quality and fitness for purpose of the Products and you accept the Products on this basis.

Refunds and Returns

Only items purchased on the Evolu website can be returned to the address specified below for returns, refunds or exchanges. Items purchased in a department store, specialty retailer or elsewhere must be returned to their original point of purchase.

Should you make an error when ordering online, Evolu will gladly exchange your item for the item you intended to purchase. The returned item must be unopened and in its original saleable condition. You are responsible for the shipping and additional postage charges.

In the unfortunate event that you react to a product, you have the option of exchanging or refunding it.

All items must be returned to:

Evolu Skincare
PO Box 68742
Wellesley St
Auckland 1010
NEW ZEALAND

The customer is responsible for the shipping costs incurred when sending the items back to Evolu.

Should an item be damaged while it is being shipped to you by us, Evolu will provide you with a full refund or exchange. Return postage will be reimbursed in case of damaged, defective or incorrectly sent items and a reimbursement will be issued in the original form of payment.

In all cases, original proof of purchase must be provided and products must be returned within 14 days of receipt for Evolu to process any refund or exchange. Please telephone 0508 438658 (within NZ) or email to customercare@evolu.com in advance of your intentions to return or exchange a product, so that Evolu staff can assist you with a smooth transaction.

Please retain your postal receipt from the provider until you are certain your parcel has been safely received by Evolu. We may need to see this if we fail to receive your package.

We will do our best to process returns within 5 business days of receipt and a reimbursement will be issued in the original form of payment.

Force Majeure

If Evolu is delayed or hindered in or prevented from performing any of its obligations under any Order by reason of any event or circumstance beyond its reasonable control, Evolu will have no liability to you in respect of such non-performance and the time for performing the same will be extended until the event or circumstance has ceased.

GST

Where Evolu makes a Taxable Supply to you under or in connection with these Terms of Trade or in connection with any matter or thing occurring under these Terms of Trade and the consideration otherwise payable for the Taxable Supply does not include GST, Evolu will be entitled, in addition to any other consideration recoverable in respect of the Taxable Supply, to recover from you the amount of any GST on the Taxable Supply.

In these Terms of Trade, 'GST' means the tax payable on Taxable Supplies under the Goods and Services Tax Act 1985 and any related Act imposing such tax or legislation that is enacted to validate, recapture or recoup such tax and 'Taxable Supply' has the meaning given to it in the GST legislation.

General

If any provision of these terms is found by a court of competent jurisdiction to be invalid, such term shall be severed and the remaining terms shall be unaffected (in this instance the parties shall use reasonable endeavours to negotiate a suitable substitute provision).

Subject to clause 38 and to the fullest extent permitted by law, these Terms of Trade together with the Order (as accepted by Evolu), the Legal Notice on the website and Evolu's Privacy Policy constitute the whole agreement between the parties and supersede all prior discussions and agreements between them.

Each provision of these Terms of Trade shall be construed separately and independently of each other. If any provision shall be deemed to be invalid, void or otherwise unenforceable, that term shall be deemed severable from and not affect the enforceability of any other provision of these Terms of Trade. Orders and these Terms of Trade will be governed by the law applying in New Zealand, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New Zealand, and the courts complement to determine appeals from those courts, with respect to any proceedings that may be brought at any time in relation to these Terms of Trade.

The information contained within this document relates to the Evolu New Zealand online store, trading under Evolu New Zealand Limited.

The Terms of Trade and Frequently Asked Questions relevant to our other regions can be found in the footer of our international web stores. These can be accessed by selecting 'Shop Online' in the main menu, and choosing your region from the list that appears below.

Please read these Terms of Trade carefully as they contain important information including warranty disclaimers and limitations of liability.