Terms and Conditions

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.

Sales in Australia

We only sell and ship products within Australia. We will not make deliveries beyond Australia.

You need to be over 18 to buy from our site

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.

Placing an order

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.

Information contained on the Evolution Publishing website constitutes an invitation to treat. No information on our website constitutes or should be deemed as an offer by us to supply any products; however Evolution Publishing will make every effort to supply products to you.

We will notify you that your order is being processed by sending you an order confirmation and tax invoice via email; however, we do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud.

Evolution Publishing and its agents and affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders. We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered. If we cannot process or accept your order after payment is received we will notify you.

Payment methods

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.

Please Note:

• We are unable to accept credit cards issued by banks outside of Australia.

GST

Evolution Publishing purchases include GST unless otherwise stated on a product listing.

Prices

Evolution Publishing reserves the right to change prices for products displayed on our website(s) at any time.

Supply of your products

Subject to these Terms and Conditions, we will supply to you the products that are itemised on your order confirmation.

Delivery of products

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.

The estimated delivery times are in business days (Monday through Friday) excluding public holidays that may affect the speed with which your delivery can be made.

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.

We encourage you to visit the section on our website that refers to your account to view the delivery progress of your products.

Unless otherwise agreed by us, we will deliver your products to the address indicated on your order confirmation. If no one is available to take delivery of your products, our carrier or its specified agent will notify you to collect the product from a local post office or postal agent.

Where a delivery is couriered and no one is available to take delivery, they will leave a notification to arrange a suitable time and date for delivery.

All reasonable effort will be made to deliver your products to you within the estimated delivery time indicated on your order confirmation.

This does not mean that due to unforeseen circumstances we can always guarantee delivery within the time frame specified.

All title and risk of loss to all products delivered by us will pass to you on delivery of the product.

Returning a 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.

Should you contact us outside the 30 day period customer service management will consider each claim on a case by case basis on its merits.

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:

• The delivery time for the replacement product will be the same as stated for the original product;
• A replacement for the same product that you ordered will be shipped to you at our expense after we have received your defective product;
• Replacement products are provided with the same Limited Warranty as the original product that was issued to you.

When a refund is arranged:

• Refunds include all shipping and associated costs for the defective product;
• No refund will be given to you until Evolution Publishing has received the defective product from you;
• Refunds will be issued by cheque or a credit to the account ("My Account") you have with Evolution Publishing.

Our liability

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.

Credit card fraud

Evolution Publishing employs up to date security software for its transactions with our customers.

Given this, we will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner on an Evolution Publishing website.

General

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.

Terms and Conditions - Governing law

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.