Conditions of Use : Evergrowth Pty Ltd

Terms and Conditions

Agreement
1. Your use of this website constitutes a binding contract between you ([You]) and Evergrowth Pty Ltd ([Evergrowth Pty Ltd]). These terms and conditions apply to the ordering, purchase, fulfillment and delivery of goods on www. newlifehealthproducts.com.au ([the Website]).
2. By placing an order on the Website, you agree to these Terms and Conditions.
Sale of goods
1. Where You order products on the Website, You agree that these products are offered and supplied by Evergrowth Pty Ltd.
2. All Products have been purchased from Australian importers or distributors and are new unless otherwise indicated on the Website.
3. All Import Products have been purchased from overseas importers or distributors and are new unless otherwise indicated on the Website.
4. Different terms and conditions apply to Local Products than those which apply to Import Products.
5. Goods are available only while stocks last.
Pricing and Payment
1. Prices for Goods are specified on the Website.
2. Prices are subject to change at any time without notice. However, the price displayed at the time that you place your Order will continue to apply to you even if the price is changed before the Order is accepted.
3. In addition to the prices listed on the Website, you must also pay the delivery charge(s) that are listed on the Website (if any).
4. Evergrowth Pty Ltd has taken all care to charge You all relevant import and/or export taxes that are applicable to your purchase(s). However, You acknowledge that additional import and/or export taxes may also be charged by government instrumentalities in Australia and/or the country from where the Goods are shipped. You agree that where you have purchased Import Products, You will be deemed the importer for the purpose of customs and border processing and, as the importer of the Import Products, you may be liable for such additional import and/or export taxes (unless otherwise stated on the Website). It is Your responsibility to determine whether any additional import and/or export taxes apply to your purchase. You agree that Evergrowth Pty Ltd is not liable to you for any loss, damage, cost or expense that You incur as a result of Your obligations to pay taxes under this clause 3.4.
Orders
1. You can place an order to purchase the Goods by following the instructions specified on the Website ([Order]).
2. Each Order that you place will be a separate and binding offer by You to purchase the relevant Goods. This offer may be accepted or rejected by Evergrowth Pty Ltd in its sole discretion.
3. Orders are deemed to be accepted by Evergrowth Pty Ltd when You receive an email from Evergrowth Pty Ltd confirming Your Order.
4. You acknowledge that all Goods purchased on the Website are for personal, domestic, non-commercial use only.
5. You represent and warrant to Evergrowth Pty Ltd that the information. You have provided in Your Order is complete, true and accurate.
6. Subject to any applicable laws which states otherwise (including the Australian Consumer Law), Evergrowth Pty Ltd is not liable to You for any loss, damage, cost or expense that You or another person may suffer as a result of the failure by You to compete an Order accurately.
7. You acknowledge that by submitting an Order on the Website, Your Order is a request to purchase Goods at the applicable price plus the delivery charge (if any), and You agree to pay any additional or supplementary taxes that may be payable for the Goods, including the taxes required to be paid under clause 3.4 (unless otherwise stated on the Website).
8. Due to the nature of the internet, there may be circumstances where You are unable to place an Order and Your Order may not be received by Evergrowth Pty Ltd. Subject to any applicable laws which states otherwise (including any provision of the Australian Consumer Law), Evergrowth Pty Ltd will not be liable to you for any loss, damage, cost or expense that You and another person may suffer as a result of the failure by Evergrowth Pty Ltd to process or receive an order.
Payment
1. All Goods are quoted in Australian dollars (exclusive of applicable taxes, unless otherwise stated on the Website).
2. Evergrowth Pty Ltd only accepts payment by bank transfer or credit card. You must make payment of the purchase price and delivery charge (if any) at the time you make an Order.
3. Payment for Your order will be processed immediately upon confirmation of Your Order.
Cancellation of Orders
1. Evergrowth Pty Ltd may cancel Your Order at any time, including where Evergrowth Pty Ltd are unable to fulfill Your Order.
2. Where Evergrowth Pty Ltd has cancelled Your Order and You have not received the Goods, You will entitled to a full refund for all money paid in respect of that Order.
3. Evergrowth Pty Ltd attempts to ensure that all information provided on the Website is accurate. However, due to the fast-changing nature of the industry, it is possible that some errors in specifications, descriptions, images, pricing, stock levels or delivery may occur. Subject to applicable law, Evergrowth Pty Ltd reserves the right to correct any material on the Website or in any order without notice. If an Order is accepted by a Evergrowth Pty Ltd and, Evergrowth Pty Ltd acting reasonably, is of the view that there is an error in the Order, Evergrowth Pty Ltd will give You the option of accepting the corrected Order or cancelling the Order for a full refund.
Delivery
1. Evergrowth Pty Ltd attempts to deliver the Goods as soon as possible, however due to Evergrowth Pty Ltd utilizing third party delivery services, Evergrowth Pty Ltd cannot control the delivery times of Your Goods. Therefore, any specified delivery date should be viewed as an estimate only.
2. Evergrowth Pty Ltd will arrange for the delivery of the Goods to the nominated delivery address You specified in Your Oder.
3. Evergrowth Pty Ltd will not arrange delivery to a post office box or an unattended address. Photo identification must be provided to accept delivery.
Risk and Title
1. In respect of the Local Products, risk and title passes to You on delivery.
2. In respect of the Import Products, risk and title passes to You on the delivery of those goods to Evergrowth Pty Ltd’s delivery agent in the country of export.
Return of Goods
1. Subject to clause 9.2 and 9.4, You may return any Goods purchased on the Website within 14 days of taking delivery of the Goods and You will receive a full refund of the purchase price of those Goods.
2. Clause 9.1 does not apply where the Goods are damaged.
3. If You would like to return any Goods under this clause 9, You must first contact the support team at sales@newlifehealthproducts.com.au. You will receive written instructions informing You what You must do in order to return the Goods. It is Your responsibility to ensure that the Goods are returned safely. Evergrowth Pty Ltd will not be held responsible for any loss, damage or destruction during transportation of the Goods.
4. Goods returned in accordance with clause 9 must be returned in their original packaging with all accessories, and must be in a re-saleable condition.
Warranties
1. All Goods purchased from the Website come with a 12 month Standard Warranty. The 12 month standard warranty will commence on the date that You receive the Goods.
2. Extended warranties may be offered from time to time on the Website. If You purchase an extended warranty, the extended warranty will replace the 12 month standard warranty.
3. The Goods under a standard warranty or an extended warranty are covered against any deviation or defects from technical specifications for 12 months (or such times covered under the extended warranty) by Evergrowth Pty Ltd of 2/69 Selhurst Street, Coopers Plains, Queensland 4108 Australia.
4. The benefits under the standard warranty and the extended warranty are in addition to other rights and remedies You have under a law in relation to the product to which these warranties relate. The Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonable foreseeable loss or damage. You are also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.
5. To the extent permitted by law (including under the Competition and Consumer Act 2010 (Cth)), the standard warranty, the extended warranty and the rights you have under clause 10.4 do not apply where:
  1. You have misused the Goods;
  2. You have failed to use the Goods in accordance with the manufacturer's instructions;
  3. You have failed to take reasonable care in respect of the Goods;
  4. Where the serial number on the Goods has been altered or removed; or
  5. Where the Goods have been modified or repaired by individuals not authorized by Evergrowth Pty Ltd or an approved maintenance centre of Evergrowth Pty Ltd.
6. Notwithstanding clause 10.4, the standard warranty and the extended warranty also do not apply where the Goods are damaged or defective due to fair wear and tear to the Goods.
7. To make a claim under the standard warranty or the extended warranty (as the case may be), or if You believe that the Goods do not meet the conditions under clause 10.4, then You should first contact the support team at sales@newlifehealthproducts.com.au.
8. If Your claim is accepted by Evergrowth Pty Ltd for a standard warranty or an extended warranty (as the case may be), then the Goods will either be replaced or repaired at Evergrowth Pty Ltd’s cost. If the Goods do not meet any of the conditions under clause 10.4, then You may have the right to receive a refund, have the Goods replaced or have the Goods repaired.
9. You may also seek a reimbursement of any reasonable fees you have incurred in claiming the warranty (such as shipping fees). Please contact Evergrowth Pty Ltd directly at sales@newlifehealthproducts.com.au to discuss the opportunity to receive a reimbursement. If, once the Goods are returned, Evergrowth Pty Ltd decides (acting reasonably) that the Goods do satisfy the conditions of the standard warranty, the extended warranty or any conditions under clause 10.4, then Evergrowth Pty Ltd may charge You an assessment fee and any associated costs in returning the Goods to You.
Liability
1. Except as expressly provided to the contrary in this Agreement or by applicable laws that cannot be excluded, and to the fullest extent permitted by the law:
  1. all terms, conditions, warranties or representations, whether express, implied, statutory or otherwise relating to the supply of the Goods are excluded;
  2. Evergrowth Pty Ltd 's aggregate liability to You or any other person is limited to the amount payable by You in respect of the Goods purchased;
  3. Evergrowth Pty Ltd will not be liable for any lost profits, lost savings, lost business opportunities or any indirect or consequential loss or damage; and
  4. Evergrowth Pty Ltd will not be liable to You for any delay or failure to deliver the Goods by the delivery date.
Intellectual Property
1. Evergrowth Pty Ltd and its licensors retain all intellectual property rights in any software and content made available to You on this Website.
2. All such rights are reserved by Evergrowth Pty Ltd and its licensors.
3. Unless expressly authorized by Evergrowth Pty Ltd, you must not publish, modify, distribute or otherwise reproduce, in any format, any of the content on this Website, nor may you use any such content in connection with any business or commercial enterprise.
Website Terms and Privacy
1. Use of the Website is governed by the Website Terms and Conditions, located at
2. Evergrowth Pty Ltd is committed to preserving and respecting Your privacy. The terms upon which Evergrowth Pty Ltd will collect, use and disclose Your private information are set out in the Privacy Policy, located at customers support www.newlifehealthproducts.com.au.
General
1. These terms and conditions are governed by the laws of Victoria, Australia and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and waive any right to object to proceedings being brought in those courts.
2. Any provision of these terms and conditions which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make these terms enforceable, unless this would materially change the intended effect of the terms.
3. Evergrowth Pty Ltd reserves the right to amend these terms and conditions at any time. Any amendment will take effect from the time that it appears on the Website. The terms and conditions which apply at the time that You place Your order are the terms and conditions which apply to Your Order.

Search

Conditions of Use