We are committed to make your shopping experience as fuss-free and enjoyable as much as possible. These terms and conditions (the “T&Cs”) apply to www.eoniancare.com.au (the “Site”) and form the terms and conditions on which we supply products and services to you.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. YOUR ACCESS AND/OR USE OF THE SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS. IF YOU DO NOT FULLY ACCEPT THESE TERMS, DO NOT USE OR ACCESS THE SITE.
EONIAN CARE is a registered brand under EONIAN TRADING PTY LTD (“we”, “us”, ” EONIAN TRADING”), a company registered in Australia. You can contact us by writing to us at firstname.lastname@example.org. If we need to contact you for service-related matters, we will do so by telephone or by writing to you at the email address or postal address you have provided to us in your order. “Writing” or “written” in these T&Cs includes emails.
Web Site Ownership and Content
The Site contains materials and other items about EONIAN CARE’s products and services including, but not limited to, text, images, files, scripts, designs, photographs, videos, audio clips, graphics, button icons, pictures, advertising copy, URLs, technology, software, interactive features, and the overall arrangement or “look and feel” of such materials including copyrightable material, as well as trademarks, logos, and service marks that belong to EONIAN TRADING PTY LTD. The Site and the content are owned, licensed, or controlled by EONIAN TRADING PTY LTD. By using the Site, you will not obtain any ownership or intellectual property or other interest in any item or content on the Site. In exchange for your agreement and strict compliance with the T&Cs, EONIAN CARE grants you a limited, non-exclusive, non-transferrable, non-assignable, revocable license to access, display, view, and use the content on the Site for your own personal, non-commercial use only. You agree that EONIAN CARE may immediately and, without any notice to you, suspend or terminate the availability of the Site or its content without any liability to you. You further agree that any unauthorised use of any content of the Site for any purpose is strictly prohibited.
ACCESSING AND USING THE SITE
As a condition of your access to and/or use of the Site, you warrant that:-
- all information supplied by you on the Site is accurate, current and complete;
- you are 18 years of age or older in order to access and/or use the Site; and
- you will not copy or distribute any part of the Site in any medium without EONIAN TRADING PTY LTD’s prior written authorization.
You shall be solely responsible for your access to and/or use of the Site and its materials herein.
Where you create a user account and password, you must treat such information as confidential, and you must not disclose it to any third party. We reserve the right to disable any user account at any time, if in our opinion you have failed to comply with any of the provisions of these T&Cs.
You agree and undertake not to:
- use the Site for illegal purposes or other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws;
- impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
- attempt to gain unauthorised access to or otherwise interfere or disrupt other computer systems or networks connected to the Site, interfere with another’s utilization and enjoyment of the Site, or use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Site’s data or damage or interfere with the operation of another customer’s computer or mobile device or the Site; and
- post, promote or transmit through the Site any information, graphics, photographs, data and/or any other material that contains any computer virus or other invasive or damaging code, program or macro; infringes any third-party intellectual property or any other proprietary rights; is defamatory, libellous or threatening; is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful or otherwise illegal under any applicable law; and/or is or may be construed as offensive and/or otherwise objectionable, in our sole opinion.
LINKS TO THIRD PARTY SITES
The Site may contain links to third party websites that are not affiliated with or owned, operated, or controlled by EONIAN TRADING PTY LTD, including third party payment system providers. You acknowledge and agree that EONIAN TRADING PTY LTD is not responsible for the content, privacy policies, or practices of such third party websites or the companies that own them. By using the Site, you expressly relieve EONIAN TRADING PTY LTD from any and all liability arising from your access and use of any third party website.
We encourage you to review the terms and conditions and privacy policies of any third party websites before using them and disclosing your personal data to them.
INTELLECTUAL PROPERTY RIGHTS
Eonian Trading is the owner or the licensee of all intellectual property rights in and to the content on the Site, and in the material published on it. You may not copy, reproduce, modify, republish, upload, post, transmit, adapt, download, distribute or howsoever deal with any content or material from the Site in any form or by any means without Eonian Trading’s prior written permission, and you are solely responsible for obtaining such permission before dealing with any content or material that is available on the Site.
WARRANTIES AND LIABILITY
The Site, its services and all information provided herein are provided on an “as is” and “as available” basis without warranties of any kind, either expressed or implied, other than those imposed by law, including but not limited to warranties of title or implied warranties of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement.
Without limiting the generality of the foregoing, we expressly disclaim any warranty, condition, guarantee, term or representation (i) as to the reliability, accuracy, completeness, and validity of any content or material on the Site; (ii) that the functions contained on the Site will be secure, uninterrupted or error-free; and (iii) that any defects will be corrected. Any and all such warranties, conditions, terms and representations are specifically excluded. We assume no responsibility for errors or omissions in the materials on the Site, including factual or other inaccuracies or typographical errors. You expressly agree that your use and/or access of the Site is at your sole risk.
Without prejudice to the generality of the foregoing, we expressly disclaim any and all liability arising from:
- life or wear of any Product or that it will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to EONIAN TRADING PTY LTD;
- improper remedy of defective products, alteration of the products, unsuitable or improper use, willful damage, negligence, or other misuse of the products, as well as fair wear and tear, by you or any third party;
- third party claims, whether directly or indirectly caused by, or relating to, the content of our Site and the products purchased on or through our Site; and
- any warranties provided under these T&Cs if the total price for the Product has not been paid in cleared funds by the due date for payment.
You further acknowledge and agree that your access and use of the Site is dependent on third party service providers such as Internet, network, connectivity or other link providers. Your payment for any product purchased from the Site is processed by third party payment system providers and EONIAN TRADING does not retain or process any such payment information. EONIAN TRADING PTY LTD cannot guarantee the security of such third party payment system(s) or any payment data on the Site. EONIAN TRADING is not responsible for any acts or omissions of any third parties and disclaims any and all liability in connection with the acts, omissions or defaults of such third parties. Without prejudice to the generality of the foregoing, EONIAN TRADING PTY LTD is not responsible for the results of any credit inquiry, the availability or performance of the Internet, your connection to the Internet or the actions or inaction of any other person or entity, including any Internet service provider. By using the Site, you expressly relieve EONIAN TRADING PTY LTD from any and all liability in connection with the acts, omissions or defaults of such third parties.
To the extent that any exclusion of liability under these T&Cs is not permitted by law, the aggregate cumulative liability of EONIAN TRADING and our affiliates under any order shall in any event not exceed the sum that you have paid to us for the sale of products under that Order.
You agree to indemnify us and hold us and our partners, affiliates, subsidiaries, advertising agencies, agents and their employees, officers, directors, and representatives harmless from any claims, losses, and damages, including reasonable attorneys’ fees, arising out of your access of, use of and/or participation in this Site, including (i) any claims of infringement of a third party’s rights; (ii) damage to tangible property, bodily injury, or death; (iii) negligence or willful misconduct caused or attributable to you or any of your agents, and (iv) breaches of your obligations under these T&Cs.
We will determine in our sole discretion whether there has been a breach of these T&Cs through your use and/or access of the Site. When a breach of these T&Cs has occurred, we may take such action as we deem appropriate, including:-
- Immediate, temporary or permanent withdrawal of your right to use and/or access the Site;
- Issuing a warning to you;
- Commencing legal proceedings against you for loss resulting from your breach; and
- Disclosure to law enforcement authorities of such information as we reasonably deem necessary.
We exclude liability for any actions taken in response to breaches of these T&Cs. The responses described above are not exhaustive, and we may take any other action we reasonably deem appropriate.
ORDERS & PAYMENTS
You may place an order with us by completing and submitting the order form on the Site. You shall be responsible for ensuring the accuracy of all orders. All orders will be deemed to be irrevocable and unconditional upon transmission through the Site, and we shall be entitled, but not obliged, to process such order(s) without your further consent and any further reference or notice to you.
We reserve the right to accept or decline any and all orders received from or through the Site in our sole and absolute discretion. Our acceptance of your order will take place when a confirmation email is sent to your registered email address with us, at which point a contract will come into existence between you and us. Each fully-paid order accepted by us shall constitute a separate and individual contract governed by these T&Cs (an “Order”). We will assign an order number to your Order when we accept your Order. Please tell us the order number whenever you contact us about your Order.
If we are unable to process your order, we will inform you of this. This might be because the product is out of stock, because of unexpected limits on our resources for which we could not reasonably plan, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product, or because we are unable to meet a delivery deadline you have specified.
The price payable by you for the Product shall be the price of the Product listed for sale as stated on the Site at the time your order is transmitted to us through the Site, and any applicable taxes. All prices are subject to taxes, unless otherwise stated. We reserve the right to amend the price of any Product at any time without giving any reason or prior notice. Please complete payment within two hours from the time your order was placed. All unpaid orders after this payment time-frame will be cancelled automatically. In the event that any Product has been mispriced on the Site, we reserve the right to terminate the Order and notify you of such termination, regardless of whether or not the products have been dispatched or are in transit and whether payment has been charged to you.
We accept all major credit cards and PayPal.
PRODUCT DESCRIPTIONS AND DEFECTS
Images of our products featured on our site are strictly for illustrative purpose only. Actual products received may vary from visual representations available on our site. Colours may appear different in reality due to studio lighting conditions, or variances in computer screen calibration. We strive to ensure that screen colours are true to life to the best of our abilities. We do not promise that product descriptions or accompanying content available on this site are complete, up-to-date, error-free and accurate.
Please note that we are not responsible for problems associated with the incorrect use and handling of our EONIAN CARE products. If you believe you have received a defective item, email us at email@example.com with your order reference, invoice/receipt as well as a photograph and description of the defect. All exchanges and returns will take place at the following address. If you return an item that does not meet the requirements for returns set out above, we reserve the right to reject the return and any request for a refund.
Eonian Care Customer Service Centre Australia
PO BOX 167
ERMINGTON NSW 1700
Please look under our Product Support Centre page for the correct way to care, clean and handle our products. You may also refer to the manual and packaging that arrived with your items.
Exclusions from our Exchanges & Returns Policies
- Items purchased with vouchers or promotional codes
- Items that have been tainted due to misuse/mishandling (subject to our discretion)
- Gift with purchase items
- Redemption items provided by external entities that are not wholly owned by EONIAN TRADING PTY LTD
- Items without accompanying receipt/invoice
- Personal Items
All personal items including Eonain Care Electric Breast Pumps and Eonian Care Hands-free Pumping and Nursing Bras are not entitled for a refund under below circumstances:
1. Change of mind
2. Wrong item purchased
3. Used product. We can’t accept returns and refund requests of Personal Items that have been used, for hygiene reasons.
3. The product isn’t working how you thought it would or you’re not happy with it.
EONIAN TRADING PTY LTD reserves the right to reject any exchanges and returns requests that do not meet the requirements set out above. Otherwise, all approved exchanges are on a strict one-to-one basis. If the replacement item is no longer in-stock, an e-store credit will be issued, subject to EONIAN TRADING PTY LTD’s discretion.
If you believe you have received the wrong item, email firstname.lastname@example.org with your order number, purchase receipt, and a photograph of the item. We may ask you to proceed with sending your item back to us, for which your postage will be reimbursed. Please note that items will have to be unopened and intact. If the correct item is no longer in-stock, an e-store credit/voucher will be issued instead.
The cost of delivery of your Order will be displayed to you on our Site when you check out.
Orders are processed and dispatched from our warehouse to our local delivery partner, who is responsible to deliver the Product to the address specified in your Order.
If delivery of your Product is delayed, we will inform you accordingly and the Product will be dispatched after it becomes available. The time for delivery shall not be of the essence, and neither we nor our agents shall be liable for any delay in delivery howsoever caused.
Our courier partner will be in touch via email in the event of a returned parcel. However please note that, without prejudice to any other right or remedy available to us, we may charge you for storage costs and any further delivery costs, or terminate your Order if you repeatedly fail to take delivery of the Product.
BUYERS’ RESPONSIBILITY ON PRODUCT
The Product will be your responsibility from the time we deliver the Product to the address you provided us. You own the Product which is the subject of your Order once we have received payment in full for your Order.
We may terminate the Order at any time by writing to you if:
- You do not make payment to us when it is due;
- You do not, within a reasonable time of us asking for it, provide us with information necessary for us to provide you with the Product (e.g. delivery address);
- You do not, within a reasonable time, allow us to deliver the Product to you;
- If we terminate the Order in the situations set out above, we will refund any money you have paid in advance for Products we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
Returns, Replacements and Refunds: Notwithstanding anything to the contrary, EONIAN TRADING PTY LTD shall only accept returns and grant replacements and refunds on the condition that the items being returned, replaced or refunded were purchased from the Site. Purchases of items other than from the Site are not eligible for returns, replacements or refunds under these T&Cs. For items purchased from our retail stores, please refer to the T&Cs stated on your purchase receipts or you may check in-store with our retail assistants.
No Relationship: Neither these T&Cs nor your use and/or access of the Site creates any joint venture, agency, partnership, or employment relationship between you and EONIAN TRADING PTY LTD.
Assignment: You may not assign these T&Cs or any rights or obligations under these T&Cs to any party.
Waiver & Severability: The failure of EONIAN TRADING PTY LTD to enforce any right or provision of these T&Cs shall not be deemed a waiver of such right or provision. In the event that any provision of these T&Cs is held to be invalid, illegal or unenforceable, the remaining provisions of these T&Cs shall remain in full force and effect.
Third Party Rights: A person who is not a party to this agreement shall have no right to enforce or to enjoy the benefit of any term of this agreement.
Governing Law: These T&Cs and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Commonwealth of Australia. Any claim or dispute arising out of or relating to these T&Cs and/or your access to and/or use of the Site which cannot be resolved through negotiation will be subject to the non-exclusive jurisdiction of the Courts of the State of New South Wales in the Commonwealth of Australia.
Store credit is credit that you can use towards the purchase of an item from our Site. It comes in the form of an electronic voucher. Store credit is valid for 3 months from its date of issue. Store credit is strictly non-refundable, non-extensible and non-transferable, and cannot be redeemed for the purchase of Gift Cards. Store credit is to be redeemed in a single transaction only. No cash will be reimbursed for unused store credit.
SITE MAINTENANCE AND CHANGES
We may change any content or material on the Site at any time. Any of the content or material on the Site may be out of date at any given time, and we are under no obligation to update the Site. We shall not be liable if for any reason the Site, or any portion thereof, is unavailable at any time or for any period. We reserve the right to refuse any and all current or future access to and/or use of the Site without prior notice to you.
If we decide to change our T&Cs for the Site, we will post the revised T&Cs here and, if appropriate, notify you by email. Please check back frequently to see any updates or changes to our T&Cs. Your continued use of the Site indicates your assent to the T&Cs as posted.
To be eligible for Afterpay, you need:
- A valid Australian credit/debit card (Visa/Mastercard)
- To be at least 18 years old
- To have an Australia residential address
To make a purchase with Afterpay online:
- Add a product(s) to your cart and proceed to checkout.
- Select Afterpay as your payment method on the last page of checkout. You will then be redirected to Afterpay’s website to login or create an Afterpay account.
- After successful login/registration, you will be returned to the Eonian Care website to complete your transaction.
- Afterpay allows you to pay for your purchase over 4 equal instalments due every 2 weeks.
- All orders are subject to Afterpay’s approval – for example, if you have any overdue payments, Afterpay will not be available to you.
- As part of our approval process, we may conduct a pre-authorisation on your nominated card, up to an amount of your first instalment.
- You can make repayments to Afterpay any time BEFORE the due date. Otherwise, Afterpay will automatically try process payments on the scheduled dates from your card. If a payment is not processed on or before the due date, late fees will apply – initial $10 late fee, and a further $7 if the payment remains unpaid 7 days after the due date.
- If you won’t be able to pay us on time, please contact us as soon as possible.
After your transaction with us:
- Online purchases will be processed and shipped according to our regular shipping schedules.
- EONIAN TRADING return policy is in effect for all Afterpay purchases.
- Unsuitable orders purchased using Afterpay online should be returned by mail to our warehouse.
- The Promotion commences at 09.00am AEST on 01 November 2019 and ends 11:59pm AEST on 31 December 2019 (“Promotional Period”).
- Eligibility: Cash Back Offer is only open to individuals who are Australian residents over 32 weeks pregnant or, up to/within 24 months from labour/ delivery.
- To submit a Cash Back Offer (Claim), the Claimant must purchase an Eonian Care Product(s) (must include the Eonian Care Hands-free Pumping/Nursing Bra) directly from Eonian Care official website and Expo stand.
- All post must be posted public and include at least one image of the Eligible Eonian Care Product with a @eoniancare in the caption.
- A clear and legible scan or photo of the fully paid purchase receipt or tax invoice indicating receipt number, date of purchase, model/item purchased and amount paid (Proof of Purchase) for the Eligible Eonian Care Product, together with an Online Claim Form (https://form.jotform.co/93041166585863) must be submitted when claiming Cash Back Offer.
- Online Claim Forms received without the proof of purchase and Online Claim Forms received after 11:59pm AEST on 31 December will be deemed invalid and will not be processed. Incomplete, indecipherable or illegible Claims will also be deemed invalid.
- Only 1 Claim is permitted per Claimant, and only 1 eligible Eonian Care Product is valid for the Cash Back Offer.
- Payment of the Cash Back Amount will be made via Electronic Funds Transfer (EFT) to the account identified in the Claimant’s proof of purchase, once the Claim has been validated by the Promoter. The Claimant is responsible for clearly providing their full and accurate name and the Promoter will not be responsible for a banking institution rejecting a payment or any costs associated with locating these monies.
- The Cash Back Offer is not valid in conjunction with any other promotional offer. The Cash Back Offer will be available only during the Promotional Period.
- Eonian Trading Pty Ltd reserves the right to disqualify any Claimant for tampering with the claim process, or who submits a Claim that is not in accordance with these Terms and Conditions. Any Claims made with a stolen, forged, mutilated, unrecognised or tampered with proof of purchase will be deemed void.