Shipping & Returns
In these Terms and Conditions "we" and "us" mean Evolution Publishing ABN 95 095 619 579 of Level 3, 140 William St, East Sydney, NSW 2200 Australia, and "you" means you the customer.
These Terms and Conditions together with your order constitute the entire contract between us and you for the supply of products. No other Terms and Conditions will apply. The contract can only be varied if we agree to such variation in writing or by email.
We only sell and ship products within Australia. We will not make deliveries beyond Australia.
If you are under eighteen (18) years of age you cannot place an order with Evolution Publishing.
By accepting our Terms and Conditions you acknowledge that you are over 18.
If Evolution Publishing suffers damage or financial or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from the parents or guardians of the minor who placed or caused any order(s) to be placed with us.
You may place an order by filling in the order form on the Evolution Publishing website then clicking "Submit".
After your order is placed with us, we will issue you with an order number by email.
When you place an order, you are making an offer to us to purchase the products you have selected based on these Terms and Conditions.
Evolution Publishing only accepts Visa, MasterCard and American Express.
Payment processing will not begin until we receive all the information required from you necessary to make the purchase.
Processing of payment for orders placed on a weekend or a public holiday will not begin until the next business day.
Business days are Monday through Friday, excluding NSW public holidays.
We process credit card and payments after you click the "Submit" button.
Evolution Publishing purchases include GST unless otherwise stated on a product listing.
Evolution Publishing reserves the right to change prices for products displayed on our website(s) at any time.
Subject to these Terms and Conditions, we will supply to you the products that are itemised on your order confirmation.
Delivery time takes up to ten (10) working days from the date your payment is received.
Where you have purchased a product that is dispatched from an overseas warehouse, delivery time after payment processing may take up to three (3) weeks.
In all instances estimated delivery times will be displayed on the website at the check out for your product.
Evolution Publishing makes every effort to deliver your product according to the estimated delivery times provided by Evolution Publishing at checkout.
Although every effort is made to ship your order according to the estimated delivery times provided, estimated shipping times may change due to changes in supply or circumstances beyond our control.
All reasonable effort will be made to deliver your products to you within the estimated delivery time indicated on your order confirmation.
All title and risk of loss to all products delivered by us will pass to you on delivery of the product.
No refunds, credit or replacements are offered if you have changed your mind about the product, made an incorrect choice, or failed to verify and accurately provide information when placing an order.
Product problems after delivery
If your product arrives damaged or you find a defect arises after delivery you must send us a claim in writing within 30 days of the delivery date. On receipt of the claim Evolution Publishing will exchange the product for an identical product, where possible, or refund you the purchase price.
Where we agree to replace the product or refund you the purchase price of the product, you must first return the defective product to us. You will be obliged to pay for the return of the product if the item is sent after 30 days from dispatch.
You will receive details of how to return the product from us.
The delivery time for replacing the product will be the same as stated for the original product.
Replacement products are provided with the same warranty as the returned product.
When a replacement product is arranged:
When a refund is arranged:
We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
Our maximum aggregate liability for any product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the product(s) in question.
Your data - use and protection
By placing your order, you agree that we may store, process and use data collected from your order form for the purposes of processing your order. If you so indicate on the appropriate section of your order form, by placing your order you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other Evolution Publishing products that may be of interest to you. If you do not agree to our using such data in order to provide you with information on other Evolution Publishing products, you should indicate your non-agreement on the appropriate section of your order form. Please refer to our privacy statement.
Evolution Publishing employs up to date security software for its transactions with our customers.
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Evolution Publishing. Any unauthorised assignment shall be deemed null and void.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
Under the Trade Practices Act 1974 ("Act"), where implied conditions and warranties cannot be excluded, any liability in Evolution Publishing for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at the option Evolution Publishing, to the replacement of the product(s) or the re-supply of the same product(s); the payment of the cost of replacing the product(s) or of acquiring equivalent product(s).
Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.
Evolution Publishing reserves the right to change the Terms and Conditions of sale at any time.
No Evolution Publishing employee or agent has the authority to vary any of the Terms and Conditions governing any sale.
These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales and shall be subject to the non-exclusive jurisdiction of the courts of New South Wales.