Ever New Melbourne

Terms and Conditions

Welcome to the Ever New website! This website is operated by Ever New Melbourne Ltd (“Ever New”, “we”, “us” and “our”). Ever New offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or making a purchase through our site, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced and hyperlinked herein. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Section 1 - Online store terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your province or territory of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

If we give you a password to access any part of this website, you must keep that password confidential and not disclose it to any other person. You must change your password immediately if you believe that it has become known to any other person.

You must make sure all information and instructions that you give us are true, correct and complete, and that you are authorised to provide the information and instructions

You must logout when you have finished visiting this website, especially if you access it from a shared computer.

A material breach or violation of any of the Terms will result in an immediate termination of your Services.

Section 2 - General conditions

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

You must not use this website in any way that causes, or may cause, damage to this website or impairment of the availability or accessibility of the website; or in any way which is malicious, unlawful, offensive or obscene, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, robot, spider, scraper or other malicious computer software or otherwise attempt to damage, interfere with or introduce anything to this website or any network or system underlying or connected to it for any purpose, or act in any other way that compromises this website or any network or system underlying or connected to this website.

You must not use this website to transmit or send unsolicited commercial communications, advertising or promotional material, commonly referred to as "spam". You must not hack or attack any aspect of the service or this website; corrupt data; cause annoyance to other users or infringe upon the rights of any other person's proprietary rights.

You must not use, reproduce, duplicate, copy, sell, re-sell, adapt, transmit in any form by any process (graphic, electronic or mechanical, including further copying, recording, or caching by a storage or information retrieval system, or download accelerator) or otherwise exploit this website or any part of this website for any commercial purpose.

You must not post or transmit to this website any illegal, threatening, abusive, defamatory, obscene or indecent information or misleading or deceptive material of any kind, or encourage any other person to do so.

You must not post or transmit any material to this website which breaches any laws relating to a person's right to privacy or the export of personal information, or personal information about another person without their consent.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 3 - Accuracy, completeness and timeliness of information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Section 4 - Pricing, orders and availability

Ever New strives to ensure that all details, descriptions and prices which appear on this website are accurate, however errors may occur from time to time which we will correct without notice. If we discover an error or we are unable to fulfil the order for any reason, we will attempt to contact you and cancel the order and you will receive a full refund in the form of the original payment method. If your order is cancelled in accordance with these Terms, your payment will be refunded, crediting your original method of payment. If payment was made using a credit card that card issuer controls the timing of the refund.

All prices stated on the website are in Canadian dollars ($CAD) and include all applicable sales taxes. Delivery costs are charged and displayed in addition to the cost of the item(s). We reserve the right to alter prices and delivery costs at any time for any reason. From time to time, prices on the website may vary from prices in Ever New stores.

When you place an order, you will receive an acknowledgement email confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. Acceptance of the order and completion of the sale will not occur until your payment has been received by us. To help ensure that your shopping experience is safe and secure Ever New uses Secure Socket Layer (SSL) technology. SSL Certificates give high-security web browsers information to clearly identify a Web site organisational identity. This encrypts all the information you send to us including your credit card details.

We reserve the right to withdraw any product from sale at any time without notice for any reason.

We reserve the right to refuse to fill any orders that you may place based on incorrect information on the website; cancel any order (including those considered to be a bulk order, fraudulent, not for personal use or otherwise do not comply with these Terms) or withdraw any product from sale without notice, for any reason.

All products and offers shown in this website are subject to availability at the advertised price. We cannot guarantee that your size and style will be in stock when you order from this website.

Dispatch times may vary according to availability and we take no responsibility for any delays in delivery.

Title in products purchased from this website passes to you once we have received full payment for the product. Risk in items purchased passes upon dispatch of the order.

Section 5 - Modifications to the services and prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Section 6 - Products or services (If applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Section 7 - Accuracy of billing and account information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we will notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

All purchases through the site are subject to our Returns Policy; Gift Cards Policy; and Promotions terms and conditions as (applicable).

Section 8 - Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. To the maximum extent permitted by law, we shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Section 9 - Third-party links

Certain content, products and services available via our Service may include materials or links from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Section 10 - Links to this website

No links may be made to this website without the prior written consent of Ever New. To make inquiries about obtaining such written consent, please contact

Section 11 - User comments, feedback and other submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you hereby grant us a non-exclusive, perpetual, royalty-free, irrevocable, transferable licence (with the right to assign and sub-licence) to edit, copy, publish, distribute, translate, modify, create derivative works of and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Section 12 - Personal information

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

Section 13 - Errors, inaccuracies and omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section 13 - Personal information

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section 14 - Prohibited uses

In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or territorial regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Section 15 - Disclaimer of warranties; limitation of liability

The following provision is not applicable to residents of Quebec to whom the Quebec Consumer Protection Act applies.

To the maximum extent permitted by law:

  • We do not guarantee, represent or warrant that your use of the Service will be uninterrupted, timely, secure or error-free.
  • We do not warrant that the results that may be obtained from your use of the Service will be accurate or reliable.
  • You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
  • You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement and we hereby disclaim any and all such representations, warranties and conditions.

In no case shall Ever New, or its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from, or in connection with, your access to and use of the Service or any products purchased using the Service, or for any other claim related in any way to your use of the Service or any product purchased using the Service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your access to or use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by applicable law.

Section 16 - Indemnifications

The following provision is not applicable to residents of Quebec to whom the Quebec Consumer Protection Act applies.

To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Ever New and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of or in connection with your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Section 17 - Intellectual property

All materials, including without limitation images, illustrations, designs, icons, photographs, video clips, and written and other materials appearing on the site (collectively, "Content") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Ever New or one of its subsidiaries or affiliates. The site, as a whole, is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Ever New and all other Ever New trademarks appearing on the site are trademarks of Ever New or its subsidiaries or affiliates.

The Service is intended solely for personal, noncommercial use. You may download or copy the Content and other downloadable materials displayed on the site for your personal, non-commercial use only, provided you do not modify, obscure, or delete any copyright or other proprietary notices thereon. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the site, or any related software.

Section 18 - Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 19 - Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and to the maximum extent permitted by law, you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Section 20 - Entire agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Section 21 - Governing law

Except for Quebec residents, these Terms of Service will be governed by, interpreted and enforced in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein. You irrevocably attorn and submit to the exclusive jurisdiction of the Provincial courts situated in the City of Vancouver and waive any objection to the venue of any proceeding in such court or that such court provides an inappropriate forum.

For Quebec residents, these Terms of Service will be governed by, interpreted and enforced in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Section 22 - Changes to terms of service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 23 - Breaches of these terms and conditions

Without prejudice to Ever New’s other rights under these Terms, if you breach these Terms in any way, Ever New may take such action as it deems appropriate to deal with the breach, including suspending your account, prohibiting you from accessing this website, blocking computers using your IP address from accessing this website, contacting your internet service provider to request that they block your access to this website and/or bringing court proceedings against you.

Section 24 - Severability

If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Section 25 - Entire agreement

These Terms constitute the entire agreement between you and Ever New’s in relation to your use of this website, and supersedes all previous agreements in respect of your use of this website.

Section 26 - English language

The parties to these Terms hereby confirm their express wish that this Agreement, as well as all other documents related to it, including but not limited to all confirmations, notices, waivers, consents and other communications between the parties in connection with this Agreement be in the English language only and declare themselves satisfied with this; les parties aux présentes Conditions confirment leur volonté expresse de voir la présente Convention, de même que tous les documents qui s’y rattachent, incluant, mais non de façon limitative, tous les confirmations, avis, renonciations, consentements et autres communications entre les parties, rédigés en langue anglaise seulement et s’en déclarent satisfaites.

Section 27 - Contact information

Questions about the Terms of Service should be sent to us at customerservice@evernew.ca.

Phone: +1 (855) 383-7876

Address: Ever New

Pacific Centre South

Suite D047701

West Georgia

Vancouver, V7Y 1G5

 

Updated July 2019