Evervue Products Terms and Conditions

Posted Date: January 01, 2023

Welcome! Thank you for your interest in our products.
We, Evervue PTY Ltd. and/or its affiliates (“we”, “our” or “Evervue”), provide a variety of products that you can enjoy with our mirror, mirror TVs, and other products, listed here (“Products”), and these Terms and Conditions (“Terms”) will cover your use of our Products.

ALL OUR TRANSACTIONS ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS. BY USING OUR WEBSITE, YOU AUTOMATICALLY AGREE WITH OUR TERMS AND CONDITIONS.

Condition of sale:

All sales are considered final. Once a purchase has been made, no refunds or exchanges will be offered.

By completing a purchase, the customer agrees to these terms and acknowledges that all transactions are non-refundable and non-exchangeable.

Section 1 : Warranty

1.0 For customers based inside AUSTRALIA

All purchases include a 12-month warranty covering manufacturing defects and 90 days of complimentary technical support. If you encounter any manufacturing defects in the product, please create a support ticket at www.evervue.com/support for technical assistance. Ensure your request includes your invoice number along with clear photos or videos illustrating the issue.

If a product requires return for repair, the customer must ship the product to the address provided by Evervue. For customers based inside AUSTRALIA, all shipping costs for sending the product to our Service Facility in AUSTRALIA and shipping it back to the customer’s preferred delivery address will be the responsibility of the customer. Evervue will return the repaired or replaced product to one address within AUSTRALIA. It is required that the original packaging or equivalent, in good condition, is used to prevent damage during transit. Products returned in inadequate or damaged packaging will not be accepted for repair. Evervue reserves the right to repair or replace the product with new or refurbished components.

*Accessories are NOT covered by any warranty.

1.1 For customers based outside AUSTRALIA:

All purchases include a 12-month warranty covering manufacturing defects and 90 days of complimentary technical support. If you encounter any manufacturing defects in the product, please create a support ticket at https://www.evervue.com/support/. for technical assistance. Ensure your request includes your invoice number along with clear photos or videos illustrating the issue.

If a product requires return for repair, the customer must ship the product to the address provided by Evervue. For customers based outside AUSTRALIA, all shipping costs, including import duties/taxes and any related fees for shipping to our Service Facility in AUSTRALIA and shipping back to the preferred delivery address, will be the responsibility of the customer. Evervue will return the repaired or replaced product to one address within AUSTRALIA. It is required that the original packaging or equivalent, in good condition, be used to prevent damage during transit. Products returned in inadequate or damaged packaging will not be accepted for repair. Evervue reserves the right to repair or replace the product with new or refurbished components.

*Accessories are NOT covered by any warranty.

Section 2 : Technical Support

Every purchase includes complimentary technical support provided on a “Fair Use” basis and exclusively available to the bill-to and ship-to customer who purchased the product from Evervue PTY Ltd. Eligibility for technical support and determination of excessive use of the free technical support shall be at the sole discretion of Evervue PTY Ltd.

Section 3 : Refund Policy

3.0 Applicable on selected Evervue Products which can be viewed in our Evervue Online Store and subject to change without prior notice.

3.1 Custom-made products or items specially manufactured to your specifications are not eligible for a refund.

3.2 Used or damaged items caused by misuse, neglect, or improper installation will not qualify for a refund.

3.3 Business-to-Customer (B2C) Refund Policy

a) Eligibility for Refunds:

You must initiate a refund request within 14 days of receiving your product.
Products eligible for a refund must be returned to Evervue within 14 days of the date of receipt.
The product must be in its original condition, unused, and in its original packaging, including all accessories, manuals, and other items that came with it.
Any return shipping costs will be the responsibility of the customer unless the product was delivered damaged.

b) Process for Requesting a Refund:

To request a refund, please contact our customer service team at support@evervue.com with your order number and reason for return.
Upon approval of the return, further instructions will be provided, including the return address.
Once the returned item is received and inspected, a refund will be processed to the original payment method within 7-10 business days.

3.4 Business-to-Business (B2B) Transactions

Please note that products purchased by businesses, whether for resale or for internal use, are not eligible for refunds or exchanges.
B2B transactions are considered final, and any technical concerns or queries with the product must be addressed through technical support or repair services, as outlined in the purchase agreement.

3.5 Additional Information

Evervue PTY Ltd. reserves the right to refuse a refund request if the product does not meet the above requirements.
All refunds are subject to inspection, and we may apply a restocking fee for any items returned without original packaging or incomplete items.

Section 4 : Transport Damage

As part of our unique Damage Free Delivery Guarantee, it is important that you inspect your product immediately upon delivery for any transportation damages. Examine the item for any visible damages and review the contents of the package within 24 hours of receipt. If you find any damages or if any parts are missing, please refer to the guidelines in the attached PDF. To report any delivery damage, please use the following link: https://www.evervue.com/report/.

Please note that damages to the corners of mirrors and damages occurring after the product has been removed from its packaging are NOT covered by this policy. Bench test the product’s features and functionalities prior to installation.

*Accessories are not covered under the Damage-Free Delivery Guarantee.

Section 5 : Bench Testing requirement:

As part of our commitment to ensuring the quality and functionality of our products, Evervue PTY Ltd. requires that all customers conduct bench testing before installing any Evervue products. This policy is designed to identify any potential defects or issues that may have occurred during transportation and to ensure the product is fully functional before final installation.

a) Definition of Bench Testing

Bench testing involves setting up the product in a temporary, accessible location and verifying its operation before proceeding with permanent installation.
For Evervue products, this includes connecting the unit to a power source, turning it on, and thoroughly inspecting all functions and features.

b) Bench Testing Requirements

Customers are required to conduct a bench test immediately upon receiving the product and before proceeding with permanent installation.
The product should be connected to power and activated as per the user manual to cheque for:

a) Power and display functionality
b) Proper connection of all inputs and outputs (e.g., HDMI, power cables)
c) Clear visuals and sound (if applicable)
d) Any other product-specific features as outlined in the user manual
e) Any visible defects, missing components, or malfunctions must be reported to Evervue PTY Ltd. within 24 hours of receipt.

c) Reporting Issues

If any issues are detected during bench testing, customers must:
Contact Evervue’s Technical Support Team at support@evervue.com or use the online support portal at https://www.evervue.com/support/.
Provide details of the issue, along with photos or videos for verification, and the invoice number.

d) Liability Disclaimer

Evervue PTY Ltd. will not be held liable for any damages, defects, or malfunctions discovered after installation if bench testing was not performed as required.
Failure to conduct bench testing before installation will void any claims for damages related to transport and may affect warranty coverage.

e) Installation Authorisation

After successful completion of the bench test and confirmation of full functionality, customers may proceed with the permanent installation of the product.
If the bench test reveals any issues, installation should not proceed until Evervue has authorised repair, replacement, or further instructions.

Section 6 : Missing Accessories

Customers are required to inspect all deliveries upon receipt to ensure that no items are missing. If any part of the order is incomplete, it is essential that the customer reports this within 24 hours of delivery. To report missing accessories, please visit https://www.evervue.com/report/ and provide the order number along with a description of the missing items.

Section 7 : Sub-Pixel Policy

It is possible for one or more sub-pixels to remain in a fixed, unchanged state, appearing as either bright or dark sub-pixels. These occurrences can arise as part of the production process and are not classified as defects. The presence of 1-3 inactive sub-pixels is deemed acceptable and aligns with industry standards. This policy is not exclusive to Evervue but is consistent with industry norms for all LED panels.

Section 8 : Minor Imperfections Policy

Minor imperfections, including small scratches or minute irregularities that may be difficult to detect on larger surfaces, are not commonly encountered and are not considered defects. These minor imperfections are within acceptable standards and do not impact the overall quality or functionality of the product.

Section 9 : Exclusions

This policy applies to all Evervue products, including but not limited to lighted mirrors, mirror TVs, outdoor and marine TVs, bathroom TVs, kitchen cabinet TVs, and smart display TVs.
Custom-made products are subject to this policy as well, with additional terms as noted in the official invoice.

Section 10 : Delivery Time Terms

Estimated delivery times are provided as a guideline and may be subject to change due to customs clearance procedures, the availability of shipping options, or unforeseen events. These delivery timeframes, whether communicated verbally or in writing, are intended solely as estimations and do not constitute binding commitments.

If Evervue PTY Ltd. is unable to fulfil a shipment within the estimated schedule or as requested by the customer, such delays shall not be grounds for order cancellation, shall not be considered a breach of contract, and shall not entitle the customer to seek damages or any form of remedy.

Evervue holds no liability for storage fees incurred due to unavailability to receive or refusal of delivery. Evervue is not responsible for any delays caused by customs at the port of arrival. While we will prepare customs documents in advance, any delays due to additional requirements from the port of arrival will not hold Evervue liable, including any storage fees or related expenses.

By agreeing to these terms, customers acknowledge the potential variability in delivery timelines and accept the conditions set forth regarding delivery expectations.

Section 11 : Customised Product Order Terms

All customised orders are non-refundable and non-exchangeable. If an order is cancelled while in production, a 30% production fee will be applied, and the remaining balance will be refunded. As these products are specially crafted, estimated delivery times are provided to each customer. However, due to the delicate nature and specialised production of the products, unexpected delays may occur, potentially extending the delivery timeline. The same refund and production policies apply to all non-delivered or delayed orders.

Please note that due to computer display variances, the materials used in creating our customised products may appear slightly different in colour on our website compared to their actual appearance in person. For a nominal fee, we offer samples of all materials used in the production process. Order cancellations or returns based on slight colour variations will not be accepted.

By placing a customised order, the customer acknowledges and agrees to these terms and conditions.

11.0 Customised Orders Warranty

All customised orders come with a one-year warranty against manufacturer’s defects. To make a warranty claim, the customer must ship the item, freight prepaid, to our facility. Evervue will repair or replace the item in accordance with the warranty and ship it back to the original order shipping address at no additional expense to the customer.

It is important for customers to understand the expected display characteristics of a Mirror TV. As a product that interacts with its environment, the displayed image on a Mirror TV will not exactly replicate that of a standard TV. Room lighting, including natural light from windows (which may need shading during daytime use), can be adjusted for optimal viewing conditions. The mirror glass, being a reflective surface, may also reflect certain items in the room, including in areas where the TV screen is visible. It is typical for users to experience an adjustment period as they become accustomed to the unique display properties of a Mirror TV. This period should be considered normal for a product that differs in calibre and function from standard televisions.

All measurements of customised products include a tolerance of ± 2mm (79/1000”).

By purchasing a customised order, the customer agrees to these warranty terms and acknowledges the specific characteristics and expected performance of the product.

BY USING OUR PRODUCT, YOU CONFIRM THAT YOU ACCEPT THESE TERMS AND CONDITIONS.

You also confirm that:

1.1. You have reached the age of 18.
1.2. You are the owner or the end-user of the Products, and you represent that you have reviewed these Terms or with your contractor/subcontractor before using the Products and that you and your contractor or subcontractor understand and consent to these Terms. If you are the owner or end-user who is using the Products, you accept and agree to: (i) supervise the use of the Products; (ii) assume all risks associated with the use of the Products; (iii) assume any liability resulting from the use of the Products; (iv) ensure the accuracy and truthfulness of all information submitted by you or the contractor/subcontractor; and (v) assume responsibility and are bound by these Terms for the owner and end-user’s access and use of the Products.

Sometimes we may need to change these Terms. We’ll let you know about any changes by posting the updated Terms on our website. By continuing to use our Products after the updated Terms become effective, you confirm that you understand and accept the updated Terms.

USER GUIDELINES:

We work hard to protect the security and safety of all users of our Products. We also strive to make our Products available without interruptions. To help us meet these goals, you agree that:

i. You won’t reverse engineer, decompile, disassemble, or make any attempts to repair or open our Products without our technical support consent.
ii. You won’t modify or disable any features of our Products.
iii. You won’t create any derivative works based on our Products.
iv. You won’t use our Products in any way that violates these Terms or any laws, rules, regulations, codes of practises, guidelines or any other requirements of regulatory authorities, as amended from time to time, within the jurisdiction in which you are a resident or from which you are using the Products (“Applicable Law”).
v. You won’t use our Products in any way that could damage, disable, overburden, impair, or compromise the systems or security, or interfere with other users of our Products.

INTERNET | Our Products may necessitate Internet access to offer specific features to you. You acknowledge that Internet access may incur charges contingent upon your payment plan, and that we disclaim any responsibility for such charges, as well as for the availability or speed of the Internet.

By using the Internet feature, the customer acknowledges the potential for connectivity limitations based on the operating environment and accepts these terms.

WI-FI CONNECTION | Certain products are equipped with Wi-Fi connectivity features. Evervue shall not be held responsible for any issues related to Wi-Fi connection failures due to distance or other environmental factors impacting connectivity. It is the customer’s responsibility to ensure that the product is positioned within an adequate range of their Wi-Fi network for optimal performance.

By using the Wi-Fi feature, the customer acknowledges the potential for connectivity limitations based on the operating environment and accepts these terms.

BLUETOOTH | Certain selected products are equipped with Bluetooth functionality, enabling connection with other compatible devices. It is important to note that Evervue will not be held liable for any connectivity issues or failures related to Bluetooth connections that occur due to distance or any other environmental factors beyond our control.

By using the Bluetooth feature, the customer acknowledges the potential for connectivity limitations based on the operating environment and accepts these terms.

OPERATING SYSTEM (OS) | Selected products are provided with the most updated version of the operating system at the time of purchase. If a product contains an older version of the operating system, it is likely that the purchase was made prior to the release of the latest version. Some products may not be compatible with newer versions of the operating system, and Evervue will not be held liable for any incompatibility or issues arising from the use of updated operating systems.

By purchasing and using our products, the customer acknowledges these terms and accepts that any future operating system updates or changes may not be fully supported by certain products.

THIRD-PARTY APPLICATION | Evervue acknowledges that the use of third-party applications, software, or services in conjunction with our products or services is solely at the discretion and risk of the customer. Evervue shall not be responsible or liable for any issues, disruptions, damages, or losses that may arise from the use of such third-party applications.

The customer agrees that any disputes or claims related to third-party applications shall be directed exclusively to the respective third-party providers, and Evervue shall not be considered a party to such disputes or claims.

By using third-party applications with Evervue products, the customer accepts these terms and assumes all associated risks.

THIRD PARTY SERVICES | We collaborate with a global network of partners to provide valuable content within our Services. This may include Bluetooth, Android OS, or other content supplied by third parties (“Third-Party Services”). The supplier shall not be responsible for the performance, reliability, or any issues arising from the use of such third-party services that may be integrated or used in conjunction with our products or services.

Any reliance on third-party services is at the sole discretion and risk of the user. The supplier disclaims all liability for any consequences or damages that may result from the use or failure of such third-party services.

By using our products or services in conjunction with third-party services, the user acknowledges and accepts these terms.

UPDATES | We are committed to continuously improving our Services and enhancing your experience. To share these improvements and new features, we may provide updates or upgrades to our Products. These updates and upgrades are intended to improve, enhance, and further develop our Products and may include patches, enhanced features, plug-ins, and new versions of the operating system (OS).

By using our Products, you acknowledge and agree that such updates or upgrades may be provided as part of our commitment to improving the performance and functionality of our Products. Acceptance of these updates and upgrades may be necessary to continue using certain features or Services.

PRODUCT GUIDELINES | Our Products are offered with standard features as well as options for customisation. Each product is meticulously crafted to meet the highest standards of quality and excellence.

By purchasing and using our Products, customers acknowledge the commitment to superior craftsmanship and accept that all customizations will be made in adherence to the same stringent quality standards.

CHANGE / TERMINATION OF WARRANTY

CHANGE | We reserve the right, at any time, to:

i. Modify, add, suspend, or revoke the warranty coverage for your Product.

ii. Suspend or terminate your entitlement to utilise your Warranty, including access to technical support.

TERMINATION OF WARRANTY BY EVERVUE | We maintain the prerogative to suspend, terminate, or modify your Evervue Product Warranty or cease providing any or all portions of our Services if:

i. We possess reasonable grounds to suspect that you have violated these Terms, or any instructions provided within our Products.

ii .You have explicitly demonstrated, whether directly or indirectly, through actions, statements, or other means, that you do not intend to adhere to these Terms.

iii. In the event that a customer posts a negative review online, we reserve the right to terminate this warranty, with or without cause, by providing written notice to the warranty holder. Upon termination, all warranty rights and benefits shall cease immediately.
iv. We are compelled to do so by Applicable Law, which may include changes in Applicable Law or court rulings or judgements that render any or all of our Warranty Services unlawful.

If we suspend or terminate your Evervue Warranty Services, we will notify you through the email address associated with your account or upon your next attempt to claim your Warranty Services, as circumstances dictate. In all such instances, these Terms will cease to be in effect, including, but not limited to, your entitlement to use our Services. This termination of the Terms shall not affect any rights, obligations, or liabilities accrued or incurred by either party during the term of these Terms.