terms of sale

WEBSITE TERMS OF USE

By accessing or using this website in any way, viewing or browsing the site, you are agreeing to be bound by these Terms of Use.

Eva Holo Pty Ltd is not responsible for the content or general practices of websites or businesses who may be referenced by or linked to on our website.

DISCLAIMER

All of the content on the Eva Holo Pty Ltd website is edited and checked for accuracy as much as it is possible to do so. The information on this website is based on what we believe to be reliable and accurate sources. However, we do not guarantee either its accuracy or the safety of any external links it might contain, as information on this website may include inaccuracies or typographical errors and circumstances may have changed since the publication of this document. We bear no liability due to any inaccuracy or misleading information, loss or damage caused by the information listed on this website.

The content of this website has been prepared as information or education only without consideration of any user’s specific situation or needs. In using this website, you acknowledge that the content does not take into account your particular circumstances. When using this website and its content, you are solely responsible for deciding whether the information is appropriate to your particular situation.

Eva Holo Pty Ltd shall not be liable for any loss or damage arising out of, or in any way connected with, use and access (or inability to access) of this website, including liability associated with any viruses with may infect a user’s computer equipment.

Changes may periodically be made to the information on and available via the website.

MEDICAL ADVICE

The information on this website should not be considered medical advice and is not intended to replace consultation with a qualified medical professional.

Any and all of the content, text and images presented on this website is subject to a copyright held by Eva Holo Pty Ltd, unless explicitly stated otherwise. It is permissible to link to content from this site if the original source is clearly stated, but the reproduction of content is not permitted. The names and images of actual organisations and products mentioned on this website may be the trademarks of their respective owners.

USE OF THE WEBSITE

Visitors to the website agree to use the website only for lawful purposes and are prohibited from posting any unlawful, threatening, abusive, defamatory, or obscene material of any kind.

We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any content, in whole or in part, at our sole discretion.

Our website hosts a blog, which is equipped with commenting facilities. While we invite visitors to share their opinions and questions in this way, they must not be used to distribute spam messages, post commercial advertisements, or spread links to malicious or dangerous websites. We do retain the right to moderate any comment submitted to the Eva Holo Pty Ltd website and to remove any content we deem to have violated our policies.

Eva Holo Pty Ltd reserves the right to modify these Terms of Use at any time.

1. INTERPRETATION

1.1 In these Terms:

Buyer means the purchaser of Goods from the Seller.

Carrier means the carrier used from time to time by the Seller to deliver Goods to the Seller and may include, without restriction, any courier and Australia Post.

Contract means any contract, whether written or verbal, entered into between the Buyer and the seller.

Goods means all equipment, pigments and other consumables and any other things sold or otherwise supplied by the Seller to the Buyer.

Seller means Eva Holo Pty Ltd trading as Holo Academy, ABN 13 107 580 352.

Supply includes, without limiting the term, supply by sale, on terms, by rental or lease, or by gift and includes an agreement to sell, rent, lease or give.

Terms means these terms and conditions of sale, which shall form part of any contract between the Buyer and the Seller unless any terms conflict with other terms in any such contract.

As far as possible, the singular shall include the plural and vice versa, and the feminine shall include the masculine and vice versa.

These Terms do not exclude, restrict or modify any condition, warranty, guarantee, right or remedy implied by law (including the Trade Practices Act 1974 (Cth)) and which by law cannot be excluded, restricted or modified.

Headings are for ease of navigation only and are not to be read as part of these Terms.

2. APPLICATION

2.1 These Terms apply to all Supply of Goods by the Seller to the Buyer.

2.2 No amendment, alteration, waiver or cancellation of any of these Terms is binding on the Seller unless confirmed by the Seller in writing.

2.3 The Buyer acknowledges that no employee or agent of the Seller has any right to make any representation, warranty or promise in relation to the Goods or the Supply of the Goods other than as contained in these Terms.

3. PRICES

3.1 Prices are subject to change without notice.

3.2 Unless otherwise stated, all prices quoted by the Seller are inclusive of Goods and Services Tax (GST).

4. PAYMENT

4.1 Payments by the Buyer are to be made by credit card, bank transfer or cheque.

4.2 Payments are to be made to the Seller without any deduction or discount other than as stated in these Terms or in the relevant invoice or statement.

4.3 The total of the invoice must be paid in full by the Buyer before dispatch of Goods by the Seller.

5. DELIVERY

5.1 Delivery times may vary based on stock availability, but the Seller will make all efforts to ensure the Buyer’s Goods arrive as soon as possible after payment has been made by the Buyer.

5.2 The Seller will notify the Buyer if the Goods cannot be shipped immediately and the Seller will provide the Seller with the expected dispatch date.

5.3 The Seller reserves the right to deliver the Goods in whole or in instalments, as well as to deliver prior to the date for delivery and, in such event, the Buyer must not refuse to take delivery of the Goods.

5.4 Any failure on the part of the Seller to deliver Goods in total or by instalments within any specified time does not entitle the Buyer to repudiate any Contract in whole or in part with regard to the balance remaining undelivered nor to cancel any contracted supply.

5.5 All freight and insurance costs shall be paid by the Buyer.

5.6 The Seller reserves the right to vary the freight rate quoted on the order for large or hazardous items or for delivery to an address in a distant or remote location as determined by the Carrier used by the Seller.

5.7 In some cases and at the discretion of the Seller, the Seller may arrange for the Goods to be shipped directly to the Buyer from the manufacturer or from an overseas suppler.

6. TITLE

6.1 Legal and beneficial ownership of the Goods will not pass to the Buyer until such time as the Goods have been paid for in full in cash or cleared funds.

6.2 The Buyer authorises the Seller to conduct credit inquiries as may be deemed necessary to assess the credit worthiness of the Buyer.

6.3 Every Supply of Goods by the Seller to the Buyer is subject to Retention of Title in favour of the Seller.

6.4 It is a condition of these Terms that any order by the Buyer creates a security interest in all present and after-acquired goods and any proceeds as security for the Buyer’s obligations to the Seller. The Seller may register its security interests

under the Personal Property Securities Act 2009 (Cth) (PPSA) and the Buyer agrees that the Seller is not obliged to give any notice, document or information under the PPSA unless it is mandated by the PPSA and the requirement cannot be excluded.

7. CANCELLATIONS

7.1 The Seller does not have to accept the return of any Goods, or give any refund, credit or exchange if the Buyer:

(a) has a change of mind;

(b) decides they do not like the Goods;

(d) has discovered they can obtain an equivalent of or substitute for the Goods at a lower price elsewhere;

(e) examined the Goods before agreeing to Supply by the Seller and the Buyer ought to have seen a fault or defect they

are now claiming exists;

(f) had a defect drawn to their attention before agreeing to Supply by the Seller; or

(g) damaged the Goods deliberately, negligently or by unreasonable or unintended use.

7.2 The Seller is not liable if the Goods become unfit for a particular purpose after leaving the Seller’s control.

7.3 No order may be cancelled by the Buyer except with consent in writing and on terms which will indemnify the Seller against all losses.

7.4 The Seller shall be entitled to terminate a Contract upon the happening of the following events:

(a) the Buyer’s failure to pay any sum due to the Seller;

(b) the Buyer’s breach of any other of these Terms;

(d) any other event occurring or circumstance arising, financial or otherwise, which, in the reasonable opinion of the Seller, is likely materially and adversely to affect the ability of the Buyer to observe any of its payment obligations to the Seller under these Terms or under the provisions of any Contract ;and in any such event the Buyer shall be deemed to be in breach of its obligations under these Terms.

8. RISK & INSURANCE

8.1 The Buyer bears all risks of loss of or damage of the Goods to be Supplied from the time the Goods have been handed to a Carrier by the Seller for delivery to the Buyer's nominated place of delivery. The Seller is under no obligation to arrange for insurance against the risks of carriage involved in the contract of carriage to the place for delivery. The Seller will only arrange for such insurance if the Buyer so requests at the time the order is made and the Seller agrees to indemnify the Seller for the cost of such insurance.

9. SKILLS & KNOWLEDGE

9.1 The manufacturers of some Goods may require mandatory training be undertaken by the Buyer, or be given evidence by the Buyer that the Buyer has the skills and knowledge to operate or use the Goods in a safe and legal manner.

9.2 It is the responsibility of the Buyer to ensure they have the required skills and education to use the Goods prior to Supply.

9.3 The Seller accepts no liability arising from the misuse of Goods or damage or any injury to any person caused by the Buyer not having adequate training or education in the use of the Goods.

10. LIMIT OF LIABILITY

10.1 These Terms do not affect any rights, entitlements and remedies conferred by the Trade Practices Act 1974.

10.2 The Seller is not subject to, and the Buyer indemnifies the Seller against, any liability (including but not limited to consequential loss or damage) because of any delay in delivery or fault or defect in the Goods. The Buyer acknowledges that the Seller is not:

(a) responsible if the Goods do not comply with any applicable safety standard or similar regulation; or

(b) liable for any claim, damage or demand resulting from such non-compliance.

10.3 Subject to the warranties implied by statute, it is the Buyer's responsibility to ensure that any Goods ordered are sufficient and suitable for the Buyer's purpose.

10.4 The Seller’s liability under any statutory provisions is limited, at the Seller’s option, to:

(a) replacement or repair of the Goods or the supply of equivalent Goods; or

(b) payment of the cost of replacing or repairing the Goods or of acquiring equivalent Goods; and, in either case, the Seller will not be liable for any consequential loss or damage or other direct or indirect loss or damage.

11. WARRANTY & CONSUMER GUARANTEES

11.1 The Goods come with guaranties that cannot be excluded under Australian Consumer Law.

11.2 All Goods supplied are covered by such warranties as are specified by the manufacturer and supplied subject to the product standards detailed by the manufacturer.

11.3 On discovery of any defect in the Goods, the Buyer must immediately notify the Seller in writing of such defect. The Buyer must not carry out any remedial work to allegedly defective Goods without first obtaining the written consent of the Seller to do so.

11.4 The provisions of any law (including but not limited to the Trade Practices Act 1974) implying terms, conditions and warranties, or any other terms, conditions and warranties which might otherwise apply to or arise out of the any Contract are hereby expressly negated and excluded to the full extent permitted by law.

11.5 The Buyer expressly acknowledges and agrees that it has not relied upon, and the Seller is not liable for, any advice given by the Seller, its employees, agents or representatives in relation to the suitability for any purpose of the Goods.

12. NO ASSIGNMENT

Where there is a Contract, neither the Contract nor any rights under the Contract may be assigned by the Buyer without the prior written consent of the Seller, which is at the Seller’s absolute discretion.

13. SEVERABILITY

The whole or any part of a clause of these Conditions shall be capable of severance without affecting the rest of these Conditions.

14. WAIVER

Any election or failure by the Seller not to exercise any of its rights arising as a result of a breach of these Terms will not constitute a waiver of any such rights by the Seller relating to any subsequent or other breach.

15. GOVERNING LAW

These Terms and any Contract shall be governed by the laws of the State of Victoria and the Commonwealth of Australia and the parties submit to the respective courts of these jurisdictions in respect of any dispute arising from these Terms or from any Contract.

I acknowledge that, where there is no written contract between me and the Seller, these Terms and any changes to these Terms govern my relationship with the Seller and that if there is a written contract between us then these Terms form part of such contract. I further acknowledge that I will be bound by any amendments to these Terms of which I am notified in writing by the seller in relation to any Goods I agree to obtain from the Seller from the time of any such amendments.