Our Terms
These terms set out the agreement for online trading between Ever by X and the user of this website ("You") Please read them carefully before proceeding with entering the website. You must accept these terms and conditions to access this website any further.
This website is owned and operated by Ever by X.
PLACING AN ORDER AND PAYMENT
By completing an online order, You are making an offer to purchase the product at the price on our website.
Payment must be made at the time of submitting the online order. Payment can be made by Visa, MasterCard, Amex, Afterpay, or PayPal only. You warrant that you are an authorised user of the credit card, Afterpay account or PayPal account used to complete payment.
All online orders placed through this website are subject to confirmation and acceptance by Ever by X. We will email you with confirmation of the receipt of your online order. Ever by X may reject Your online order for any reason and refund any payment made by you, at any time prior to dispatch.
The online order must be paid in full immediately upon entry into the Agreement. All transactions on the Australian and New Zealand website are settled in Australian Dollars (AUD). Customers purchasing from New Zealand will have their currency automatically converted to Australian Dollars when you complete the transaction. The conversion rate varies from day to day with the current exchange rate. Many banks also charge a small currency conversion fee, contact your bank or credit provider for details.
Ever by X’s prices may vary in the event of price changes or mistakes on this website without prior notice to you. If Ever by X requests payment for increased prices, you may cancel the order. Notification of your wish to cancel the order in these circumstances must be received within seven (7) business days of the announcement of the increase.
RETURN POLICY
All sales are subject to our Returns Policy.
FAULTY POLICY
We aim to provide you with products of the highest standard and quality. If you have received a product with a manufacturing fault, please contact us as soon as you receive your order. This way we can guide you through the returns process and help resolve the problem. Please provide our team with images of the damage, defect or fault for a preliminary assessment.
If the product is confirmed to have a manufacturing fault, we will replace the product or refund the price of the product to your original payment method at your request. If the product is found not to have a defect or deemed out of warranty, we will ship the product back to you.
It does not constitute a defect, if in our reasonable opinion, the product has, following the sale to you, become of unacceptable quality due to fair wear and tear, misuse or failure to use in accordance with care for instructions.
Please see our full Returns Policy for more information.
PROMOTIONAL CODES
Ever by X occasionally has special offers that can be applied to your order by using a promotional code. In order to take advantage of these promotions, you must enter the promotional code in the space provided during the checkout process and hit the "apply" button. The value of the promotion will be applied to your order automatically.
If you have not applied the promotional code but order was placed during the event contact our team straight after you’ve placed your order. It is up to Ever by X’s discretion to refund you the discounted amount.
Please note, only one promotional code may be used per transaction. Unless otherwise specified each promotional code may only be used once per customer.
WEBSITE SECURITY
http://everbyx.com is protected by SSL (Secure Socket Layer) encryption. SSL is a security device that ensures that any data, which you enter into a secure area of the website, is encrypted during transmission over the Internet. SSL utilises data encryption to create a secure environment for you to conduct your online transactions. In order for SSL to be effective, you must be using an SSL compliant browser.
Ever by X does not store or keep credit card numbers from online transactions. The last four numbers and the expiry date of your credit card number are kept for order verification and identification purposes only. In the event a credit card is used without the holder's authorisation, the cardholder must notify their credit card provider in accordance with their reporting rules and procedures.
LIMITATION OF LIABILITY
Ever by X has provided information on this website as accurately as possible. We take all precautions possible to keep the details of your orders and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party acquires unauthorised access to any data you provide when accessing or ordering from the website.
To the extent permitted by law, all guarantees, warranties or representations which are not specifically stated in this Agreement are excluded. If Ever by X is liable for breach of an obligatory guarantee or implied warranty or representation, Ever by X’s obligation is, at its option limited to the replacement of the products or the supply of equivalent products, the repair of the products or the payment of having the products replaced or repaired.
INTELLECTUAL PROPERTY
Ever by X owns the intellectual property in its garment designs, fabric designs and images. Ever by X forbids the use of its designs and images for any purpose without prior written consent from Ever by X.
WEBSITE AVAILABILITY
On the rare occasion, http://everbyx.com could require some down-time, either scheduled or unscheduled. Ever by X will try to ensure the amount of down-time is limited. Ever by X will not be held liable for any consequences during down-time.
PRIVACY POLICY
Please see our privacy policy
YOUR USE OF THE WEBSITE
You agree that you will use this website in accordance with these terms and conditions and that you will not use this website for any unlawful purpose.
You will not violate or attempt to violate the security of this website. You will not hack into this website, Ever by X’s computer systems or the computer systems of other users of this website. Hacking means unauthorised access, malicious damage and/or interference.
As you browse Ever by X, advertising cookies will be placed on your computer so that we can personalise your shopping experience.
By entering this website you agree to these terms and conditions. From time to time, this Agreement will be reviewed and may be revised. Ever by X reserves the right to change this Agreement at any time. Any such changes will be posted on this website.
TERMINATION
Ever by X reserves the right to terminate the agreement to supply products to you at any time before the products are dispatched. Ever by X will not be liable to you for any expenses or damages whatsoever for terminating this Agreement.
If the product has not been delivered to you prior to any termination of this Agreement, Ever by X will refund any payment you have made prior to termination.
Ever by X may terminate the agreement under which you can use this website immediately without notice if you are in breach of our website term and conditions.
FULL AGREEMENT
This Terms of Sale and Use of Website Agreement together with the other policies on this website are the entire agreement between us (Ever by X) and the user (yourself).
SEVERABILITY
If any provision of these Terms and Conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected.
GOVERNING LAW
These Terms and Conditions (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the law of New South Wales and both parties hereby submit to the jurisdiction of the courts of New South Wales.
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