Online Shopping Terms and Conditions

These terms apply to the ordering, purchase and delivery of Goods from the Website, In-Store and through our Customer Service Centre, and form a contract between you and Evergraph.

These Terms contain important information about the ordering, processing and delivery of Goods, including limitation of liability.

1. Compliance with Terms

1.1. You will be bound by these Terms each time you submit an Order. Each Order you place will be a separate contract between you and Evergraph for the supply of Goods.

2. Placing Orders for Goods

2.1. You acknowledge that all Goods purchased under these Terms are intended for personal non-commercial use only and will not be re-sold.

2.2. From time to time, Evergraph restricts the quantity of Goods which can be purchased in one Order or during a particular period of time or per person or per address. Any quantity restrictions will be stated on the product page, or in materials about the relevant promotion, or otherwise advised to you.

2.3. Evergraph will not be liable to you for loss you or any third party suffers for a delay or failure to process your Order or deliver Goods due to inaccurate or incomplete details provided in an Order.

2.4. You agree to obtain consent to provide Evergraph with Personal Information of recipients of gifts or Goods Ordered by you.

2.5. You may Order from Evergraph if you are aged 16 years or over, and have an active email account or a telephone number at which you can be contacted.

2.6. If you place consecutive or separate Orders, we cannot consolidate your Orders. A separate Delivery Fee, if applicable, will apply to each Order. Subject to any applicable quantity restrictions, you can order s many Goods as you wish in one Order.

2.7. Evergraph reserves the right to accept or reject your Order for any reason at any time. If Evergraph rejects your Order you will receive a refund of any money paid.

2.7 Evergraph accepts Credit Card payments. Credit cards accepted are Master Card, Visa, American Express, and Discover Card.

3. Availability of Goods

3.1. From time to time, some Goods may be out of stock or are unavailable and we may not be able to fulfill all or part of your Order. If this happens, we will refund you the price paid for the Goods impacted.

3.2. We may withdraw or suspend from sale any Good displayed on the Website, either temporarily or permanently, at any time. Evergraph will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of sale of a particular Good.

3.3. Where a Good which is the subject of an Order has been withdrawn or suspended from sale and your payment for the Good has already been processed, we will refund any money paid to us under clause 7.

3.4. Evergraph reserves the right not to honor any incorrect offers represented on the Website made by genuine human or system error. Where your Order is affected by an error on the Website (for example, in a description, an image, Price or otherwise), we will reject that part of the Order affected by the error. You will be refunded the value of that part of your Order affected by the error, under clause 7, and Evergraph Online will fulfil the remainder of your Order. If you are not satisfied with the partial fulfilment of your Order, you can return your Order to us under the Returns Policy.

3.5. If your Order is affected by a genuine error (including in a description, an image or a Price), we reserve the right to cancel your Order and refund any money paid to us.

3.6. You acknowledge and agree that:

a. all pictures and images of Goods displayed are for illustrative purposes only;

b. any accessory featured with the Goods is for illustrative purposes only, and may be sold separately; and

c. where we provide dimensions and measurements in the description of a Good, the dimensions may vary slightly in real life, and it is your responsibility to ensure that the actual size of each Good is suitable for your purpose prior to submitting your Order (including whether there is appropriate and safe access to your Delivery Address for delivery of the Good).

4. Price and payment

4.1. When you place an Order, we will charge you and you agree to pay the Price and any applicable Delivery Fee.

4.2. All Prices are in American Dollars.

4.3. Evergraph reserves the right to change or alter Prices without notice to you. If you have already submitted an Order at a particular Price, we will supply your Goods at that Price (unless your Order is affected by a pricing error, in which case clause 3.4 will apply).

4.4. Payment methods are specified on the Website or explained by the consultant at the time you place your Order. They may include Evergraph Gift card, Reward card, credit card, or PayPal. The name on any credit card used for payment must match the name on the Order. Other methods of payment, including cash, can be used for In-Store Orders, but not for Orders placed through the Website or the Customer Service Centre. Cheques cannot be used as a payment method for any purchases from Evergraph, including Orders.

4.5. Any payment for an Order must be cleared by Evergraph before Goods are dispatched. If your payment cannot be processed, your Order will be rejected and you will be notified of this on the Website. If a credit card payment cannot be processed you should contact your card issuer to try to resolve the problem, or use an alternative payment method in order to continue with your Order.

4.6. In paying or attempting to pay for Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.

4.7. Lay-by is not available for Orders.

6. Restricted Goods

6.1. If you Order Goods that are or contain Restricted Goods, you:

a. warrant that you are aged 18 years or over;

b. acknowledge that it is against the Law to sell or supply the Restricted Goods to, or obtain the Restricted Goods on behalf of, a person under the age of 18 years (where relevant); and

c. you warrant that you are not obtaining the Restricted Goods on behalf of a person under the age of 18 years.

6.2. Where Evergraph has reasonable grounds for believing you have not complied with the above clause, Evergraph may cancel your Order and refund any money paid to us in respect of your Order. Evergraph may, at its discretion, charge you a fee to cover its administrative costs.

7. Order cancellations and returns

7.1. Unless provided for under these Terms or as otherwise agreed by Evergraph, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the Delivery Address in an Order. You should carefully check that your Order is accurate before you submit it. You will, however, be able to return Goods under the Returns Policy.

7.2. If we cannot contact you about your Order using the contact details you provided in the Order, after having made reasonable attempts to contact you, we will cancel your Order and refund any money paid.

7.3. Delivery Fees will not be refunded if you return Goods for change of mind or you made an incorrect selection, including if you ordered the incorrect size, colour etc.

7.4. Goods can only be returned in accordance with these Terms and the Returns Policy. The Returns Policy forms a part of these Terms.

7.5. Evergraph will process any refunds within a reasonable time of agreeing to do so.

7.6. If the original payment was made:

a. on a credit card, refunds will be processed on the same card as the original payment was made.

b. by a combination of Gift Cards and credit card then:

i. refunds will be processed on the same card as the original payment was made first.

ii. Return card for remaining amount will be emailed to the email address entered at the time you placed your order.

7.7. For In-Store Orders, where you paid in cash or by EFTPOS, you can obtain a refund by visiting an Evergraph store.

8. Product Recalls

8.1. If a Good is subject to a product recall, a notice will be posted in the Product Recall notice section of the Website. You can return recalled Goods as instructed in the Product Recall notice.

8.2. You consent to us contacting you or the gift recipient, using the personal information provided on your Order, to notify you of a product recall by telephone, email, SMS, MMS or post.

9. Promotions and discounts

9.1. The Goods, Prices, and promotions offered on the Website or as on In-Store Order or order through the Customer Service Centre may not be the same as those in a Evergraph Store. The Evergraph Competitive Pricing Policy does not apply to Orders. A Evergraph Store is not required to match a Evergraph price where the offer or Price relates to an Online Only offer or where there is a price error.

9.2. You may receive online offers and promotions, whether mailed to your home, distributed in a Evergraph store, with your Order or emailed to you. Some offers may include a promotional or coupon code (Code) for use when placing an Order. It is your responsibility to ensure that the Code is valid, and that you enter the Code at the time of placing an Order. The Code cannot be applied after you have submitted your Order. Separate terms may apply to the use of the Code. Any Code is non-transferable, cannot be posted on a forum or website and may not be used with other offers.

9.3. Certain offers, including cashback and bonus redemptions are subject to additional terms (as specified with the offer). You should read these terms carefully, as time limits will apply to cashback and bonus offer redemptions. Cashback and bonus offers redemption may require you to send a form to the supplier, and may exclude postage and handling costs and any other costs incurred as a result of redeeming the offer.

9.4. All references to times in promotions are based on the local time in Columbus, Ohio, United States unless stated otherwise.

10. Privacy

10.1. Personal Information, which you provide to us during the Order, In-Store Order process or through the Customer Service Centre including contact details, will be kept, used and disclosed by us in accordance with Evergraph’s Privacy Policy for the purpose of processing and delivering your Order. See Evergraph’s Privacy Policy for further information on how to access or update your Personal Information.

10.2 .We may also collect (even if you do not register to the Website), and our third party providers of advertisements and content may collect, location and other information such as the URL or advertisement you came from or linked to, IP address, browser type, pages you visited from the Website etc.

10.11. Unless otherwise indicated in your account settings or at the time you placed your Order, Evergraph may send you marketing information

10.12. If you wish to change or update your online account information (including your email address, password or communication preferences), simply login to your account. Alternatively you may contact our Customer Service Center.

10.13. Evergraph reserves the right to conduct and implement fraud detection processes, including without limitation to validating your credit card details.

11. Risk & Liability

11.1. Risk and title in the Goods passes to you on the date and time of delivery of the Goods by the Delivery Agent or when collected in store through Click & Collect.

11.2. Our goods come with guarantees that cannot be excluded under the U.S. Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably 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.

11.3 Evergraph may provide an additional warranty in addition to your Consumer Law rights and remedies. Any warranties given provide you with benefits in addition to the U.S. Consumer Law rights and remedies. When provided, the warranty period, provisions and the person providing the warranty relating to your purchase vary according to the product you have purchased. Please refer to product packaging and brochures to determine the warranty term and warranty conditions for your purchase.

11.4. Evergraph excludes to the fullest extent possible under Law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms.

11.5. You represent and warrant to Evergraph that Evergraph will not be liable for any expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Terms.

11.6. Our liability to you for loss or damage of any kind arising out of these Terms will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.

12. Termination

12.1. We may, at our discretion, terminate the agreement for the supply of Goods to you:

a. for convenience, at any time, on giving notice to you; or

b. immediately if Evergraph reasonably believes that you have breached these Terms and:

i. that the breach is not capable of remedy; or

ii. if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).

13. General

13.1. See Evergraph Website Terms for further information on trade marks, copyright and other applicable terms.

13.2. We reserve the right at all times to make changes to these Terms. Any variations to these Terms will take effect from posting on the Website. The Terms which apply at the time you place an Order are those that govern that Order.

13.3. Evergraph may give notice to you by electronic mail. You may give notice to Evergraph by electronic mail to our Customer Service Centre via this form.

13.4. Any provision of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms or affect the validity or enforceability of that provision in any other jurisdiction.

13.5. A failure or delay by Evergraph to exercise a power or right under these Terms does not constitute as a waiver of that power or right, and the exercise of a power or right by Evergraph does not preclude its future exercise or the exercise of any power or right.

14. Definitions

The following definitions apply to these Terms.

Business Day means a week day in which trading banks are open for the transaction of banking business in the United States.

Delivery Address means the address to which the Goods are to be delivered, as stated on your Order.

Delivery Agent means a third party delivery or shipping company engaged by Evergraph to deliver Goods.

Delivery Fee means a fee for the delivery of Goods – see clause 9.

Goods means the items offered for sale on the Website, through our In-Store Ordering system and through our Customer Service Centre.

In-Store Order means an Order placed on your behalf by an Evergraph team member within selected Evergraph stores using a tablet or other electronic device. Only valid when paid by the customer in store

Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency’s rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.

myaccount means your lithophanenightlights.com online account through which you can facilitate your Order.

Order means a request by you to purchase Goods from Evergraph under these Terms (whether through the Website, an In-Store Order or our Customer Service Centre).

Price means the purchase price of each Good as specified on the Website, on the In-Store Order confirmation or provided by a Customer Service Centre representative.

Privacy Policy means the Evergraph Privacy Policy. View the Evergraph Privacy Policy here.

Returns Policy means the Evergraph Returns Policy. View the Evergraph Returns Policy here.

Website means the sites available from www.lithophanenightlights.com

Website Terms means the terms governing your use of the Website, in addition to these Terms. View the Website Terms here.

We, Us, Our and Evergraph means Evergraph, Bessel Works, Inc, and Lithophane Lights

You and Your means you as the purchaser of Goods from Evergraph pursuant to these Terms.