Welcome to évolis®. Please take some time to read the following conditions applicable to purchasing products through this website. The following terms and conditions, as well as the terms on privacy and shipping and returns govern your purchases through Advangen Limited (‘Advangen’, the makers of évolis®) and constitute the entire agreement between the contracting parties (‘Agreement’). By placing an order, you agree to be bound by the Agreement as amended from time to time. If you are uncertain about any of the terms of the Agreement, please contact Advangen before the completion of any purchase.
REVIEW OF TERMS
The Agreement is subject to change from time to time without notice. Past terms and conditions and Customer Policies can be accessed on request by written notice to Advangen. Contact details can be found in the “Contact Us” section or at the bottom of the page. Each order or transaction will be governed by the Agreement in force upon the date of that transaction. Your continued use of the site following posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using the site. For this reason, you should frequently review these terms and conditions and any other applicable Customer Policies, including their dates, to understand the Agreement that applies to your purchases through the site. Occasionally there may be information on the site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. Advangen reserves the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the site is inaccurate at any time without prior notice (including after you have submitted your order).
Advangen can only ship to a limited number of countries. Advangen is not responsible for customs charges and restrictions that vary from country to country and result from the importation or certain products. The purchaser remains responsible for all charges and fees incurred. Please see our shipping and returns policy for more information.
PRODUCTS & ORDERS
The products made available on the site, including any samples Advangen may provide to you, are for personal use only. You may not sell or resell any products you purchase or otherwise receive from Advangen. All orders placed are an offer of purchase and are subject to acceptance by Advangen. If an order is not accepted, a full refund will occur at the earliest possible convenience. Advangen reserves the right to refuse an offer for any reason. Without limiting the above, Advangen reserves the right to refuse or reduce the quantity of any orders that it reasonably believes are for the purposes of resale or otherwise may result in a violation of these terms and conditions, as determined by Advangen in its sole discretion. As part of Advangen’s order processing procedures, Advangen will screen all received orders for fraud or other types of unauthorised or illegal activity. Without limiting the above, Advangen reserves the right to refuse to process an order due to suspected fraud or unauthorised or illegal activity. If fraud or unauthorised or illegal activity is suspected, Advangen may reject your order, or its customer service department may call you on the phone number you provided (or use your email address) to confirm your order. We take these measures to protect our customers as well as ourselves from fraud or other unauthorised or illegal activity. Given the popularity of our products, except where, prohibited by law, Advangen may limit the number of products available for purchase by any one customer, including without limitation so that as many customers as possible may enjoy products supplied by Advangen. In the event of the requested products being unavailable Advangen may cancel the transaction and effect a full refund.
PRICES & PAYMENT
All prices listed on the site are in Australian dollars and are inclusive of any Australian Goods and Services Tax (as applicable). The prices indicated may be changed at any time without advance notice. However, the products shall be charged at the rate in force when the customer’s order was validated. Where the customer pays by payment card, the customer warrants that they have the necessary rights to use the payment card and that they are fully authorised to use it to pay for the order. The customer also warrants that this card gives access to sufficient funds corresponding to the amount of the order. Failing this, Advangen reserves the right to cancel the sale accordingly. Advangen is under no obligation to ship any goods ordered until payment for those goods has been received.
USE OF PRODUCTS
Upon purchase of products, the buyer agrees to use the products only for their intended purpose and strictly in accordance with the instructions, precautions, and guidelines. Any other use will cause the buyer to assume full responsibility for any loss or damage arising out of their use. Questions as to use can be directed to Advangen via their contact details. You should always check the ingredients for products to avoid potential allergic reactions. If any minor uses any product purchased through the site it should be only after the parent or legal guardian has discussed the product with the minor’s doctor.
LIMITATION OF LIABILITY
To the full extent permitted by law, Advangen makes no representations or warranties, express or implied, regarding any matter including merchantability, fitness for a particular purpose or use in relation to any product supplied by Advangen. Where legislation implies into this agreement any condition or warranty that cannot be restricted or modified, Advangen’s liability for any breach of such conditions or warranties will (to the full extent permitted by law) be limited to, at the option of Advangen, one or more of the following: (a) replacement of the products, the repair of the products, or the supply of equivalent products; (b) repayment of any part of the price of the products supplied; or (c) payment of the costs of replacing or repairing the products, or acquiring equivalent products.
This Agreement will not be read or applied so as to purport to exclude, restrict or modify or have the effect of excluding, restricting or modifying the application in relation to the supply of any products pursuant to these terms of all or any of the provisions of the Competition and Consumer Act 2010 (Cth) or the provisions of any other statute, act or law of any State or Territory of the Commonwealth of Australia, or any other applicable territory, which by law cannot be excluded, restricted or modified.
BREACH AND TERMINATION
If, in our reasonable opinion, you breach any provision of the Agreement, Advangen may immediately issue a warning, temporarily suspend, or permanently prevent your access to all or parts of the site. In any event, we may terminate the Agreement (and your rights to use the site) at any time and for any reason without prior notice to you.
CONCLUSION OF TRANSACTION
The agreement for sale is concluded only when goods are handled over to the designated carrier. For clarity, when the goods are transferred to the designated carrier the goods are considered as sold and the ownership of the goods is transferred to the buyer.
APPLICABLE LAW AND JURISDICTION
Advangen (www.evolisproducts.com.au) is created and controlled in New South Wales, Australia. All purchases are subject to the laws of the Commonwealth of Australia, and where applicable the state of New South Wales. By purchasing products through this site. you submit to the jurisdiction of the courts of New South Wales, Australia and agree that any legal action will only be commenced in these forums.
If any provision of these terms and conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect. No waiver of any term of these terms and conditions shall be deemed a further or continuing waiver of such term or any other term, and Advangen’s failure to assert any right or provision under these terms and conditions shall not constitute a waiver of such right or provision. Effective as at February 2020
CAPACITY TO CREATE A MEMBER PROFILE
A member profile can only be created with Advangen by persons with capacity to contract, who are over the age of 18
Where you have created a member profile you will be required to create a password for that profile. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all conduct carried out under this password and profile. Advangen is not liable for any loss of confidentiality or for any damages arising from your failure to comply with these security measures. Advangen requests that you promptly report to it any unauthorised use of your password.
EMAIL AND SMS TEXT COMMUNCATIONS
By providing your email address and/or mobile phone you can expect to receive communications from us containing information about your one-time order or Auto-delivery subscription, your account, loyalty program and other promotional information relevant to you.
If you do not wish to receive certain marketing communications you can update your email preferences by clicking 'Unsubscribe' at the end of any email or respond our SMS message with the word 'STOP' to opt out of the program. Note that we may still need to send communications to you regarding your orders or account to provide you with optimal service.
All content on this site, including without limitation text, icons and graphics are the property of Advangen or its suppliers and are protected by Australian and International intellectual property laws. No part or portion of this site may be copied, sold, or used in any manner for any commercial purpose without written consent. Nothing in these terms and conditions constitutes a transfer of any intellectual property rights.
ADVICE AND INFORMATION
The advice and information contained within or provided through this site is of a general nature and is not intended to constitute or replace professional advice for individual or specific conditions. The statements made about the évolis® Professional collection of products have not been evaluated by the Australian Therapeutic Goods Administration or any other regulator, and the results reported, if any, may not necessarily occur in all individuals. The statements and évolis® Professional products are not intended to diagnose, treat, cure or prevent any condition or disease. Use of the site is not meant to serve as a substitute for professional medical advice. The site is solely an online store for specialty beauty products and for the TGA listed évolis® hair growth tonic for men and évolis® hair growth tonic for women. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the site before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Advangen does not give or intend to give any answers to medical related questions. Apart from the TGA listed products, no prescription medications or medical treatments are intentionally provided on the site. While we make every effort to ensure that the information contained within this website is correct, to the extent permitted by applicable law, we do not warrant that the product or service descriptions, colours, ingredients, information, or other content available on or via the site is accurate, complete, reliable, current, available, or error-free. We take no responsibility for any loss or damage arising from use of information or reliance on advice. While Advangen has tried to accurately display the colours of products, the actual colours you see will depend on your device, ambient lighting, and other factors beyond Advangen’s reasonable control, and may not accurately reflect the colour of the product. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Advangen.
REVIEWS AND COMMENTS
Throughout the use of the site users may be invited to review certain products, or request information in relation to products or participate in forums (‘Content’). If you do submit such Content, you give Advangen permission to use, reproduce (in any medium), modify, and publish that content in a worldwide, royalty-free, irrevocable manner. This license will survive the termination of these terms and conditions and your use of the site. You also permit Advangen to publish your first name and State or Town in association with any Content provided by you. By submitting Content, you represent and warrant that:(a) you understand that you are participating in a public forum and that your Content will be available to all other users of the site; (b) you are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions to use and authorise Advangen to use all intellectual property and other rights thereto to enable inclusion and use of the Content in the manner contemplated by the site and these terms and conditions; (c) you waive any and all existing and future moral rights (as defined in the Copyright Act 1968 (Cth)) in the Content; (d) all Content that you post is accurate; (e) You are at least 18 years old (e) that the Content you supply does not violate these terms and conditions and will not cause injury to any person or entity. You also represent and warrant that any Content you submit: (a) is not false, inaccurate or misleading; (b) does not harm minors; (c) does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity; (d) does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (f) is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual or any business; (g) does not include any information that references other websites, addresses, email addresses, contact information or phone numbers; (h) is not submitted for compensation or other consideration from any third party; (i) is not unsolicited or unauthorised advertising, promotional materials or any other form of solicitation; and (j) does not contain any computer viruses, worms or other potentially damaging computer programs or files. Users must not post Content which seeks to impersonate any person or entity, including, without limitation, any Advangen personnel, or to falsely state or otherwise misrepresent its affiliation with a person or entity. Users may not use the site to collect or store personal data about other users. Advangen reserves the right to not post a review or to withdraw a posted review for any reason. A review posted by a user will be excluded if it violates the Agreement regarding submission of Content. User reviews of products in no way represent the views or opinions of Advangen or its owners, shareholders, employees, or others, but are the sole product of its creator. Advangen disclaims all liability with respect to the Content.
LIMITATION OF LIABILITY
You agree that, to the fullest extent permitted by law, Advangen will not be reasonable or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, mis delivery, corruption, destruction or other modifications; (d) computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites; (e) any inaccuracies or omissions in Content, or (f) events beyond our reasonable control. You agree to defend, indemnify and hold harmless Advangen (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of: (a) your use of and access to the site; (b) your violation of any term of these terms and conditions; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these terms and conditions and your misuse of the site. Further, to the fullest extent permitted by law, we will not be liable for any indirect or consequential loss of any kind or loss of profits, revenue, loss of data, loss of goodwill, arising out of or related to the site or your use (or non-use) thereof, regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed one hundred dollars ($100.00).
BREACH AND TERMINATION
If, in Advangen’s reasonable opinion, you have breached any provision of this agreement Advangen may immediately issue a warning or temporarily suspend or permanently prevent your access to all or parts of the site. In any event, we may terminate this agreement (and your rights to use the site) at any time and for any reason without prior notice to you.
LINKS TO OTHER SITES
Advangen maintains links to other websites but makes no representations as to the accuracy of the material therein and is not responsible for the content and conduct of these sites. Further, where users or Advangen personnel link other websites on our site or on our social media pages does not mean that Advangen endorses them or takes any responsibility for the accuracy of the content on those sites.
INTERFERENCE WITH THE SITE
You must not attempt to change, add to, remove, deface, hack or otherwise interfere with this site or any material or content displayed on the site.