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Terms & Conditions

Our Disclosures:

Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:

Our liability under these terms is limited as set out in the Limitations section below.

Nothing in these terms limit your rights under the Australian Consumer Law.

1. Introduction

This website is operated by Evil Ray Operations Pty Ltd (ACN 685 574 047) (we, our or us). These terms and conditions (Terms) govern your use

of our website and the purchase of products through our website. By using our website or placing an order, you accept these Terms and enter

into a binding agreement with us.

2. Using our products

We recommend conducting a patch test before first use, and consulting a healthcare professional before use if you have sensitive skin or

known allergies. If irritation occurs, discontinue use immediately and seek medical advice if necessary.

Our sunscreen products are designed to help protect your skin from sun exposure when used as directed. However, no sunscreen can provide

100% protection from UV radiation. To reduce the risk of skin damage and skin cancer, always read and follow the application instructions on

the product label, reapply frequently (especially after swimming, sweating, or towel drying), and use sunscreen as part of a broader sun

protection strategy including protective clothing, hats, sunglasses, and seeking shade. Avoid prolonged sun exposure, particularly during peak

UV hours.

3. Orders

(a)You may order products as shown on our website. By placing an order, you agree to purchase the product(s) at the total price shown at

checkout.

(b)You must be at least 18 years old to place orders, or if you are under 18, you acknowledge and agree that you have the consent of your

parent or guardian to place the order.

(c)We may accept or reject any order and will notify you within a reasonable time if we reject your order. Once we accept an order, a

binding agreement is formed for the supply of products under these Terms.

(d)All purchases are subject to product availability. We do our best to keep products in stock and maintain accurate availability

information on our website. Any pre-order products (not currently in stock) will be clearly marked on our website. Any dispatch dates

shown are estimates only, and we are not liable for delays or date inaccuracies.

(e)We strive to ensure that product descriptions, specifications, prices, and images on our website are accurate. However, we do not

warrant that product descriptions or other content is error-free, complete, or current. In the event of an error, we reserve the right

to correct it and will notify you if this affects your order.

(f) Colours and images displayed on our website may vary from the actual product due to monitor settings, lighting, and photography.

(g)We may cancel any accepted order before delivery for reasons including significant dispatch delays, inability to supply products due to

circumstances beyond our control, or errors on our website (such as incorrect descriptions, prices or images). We will contact you

using the details you provided when ordering.

4. Payments

(a)All prices are listed in AUD unless stated otherwise.

(b)You must pay in full when you place your order. The amount payable includes all product prices, delivery charges, and GST, as displayed

at checkout. You remain liable for any import duties or other charges imposed by customs or tax authorities if you select a delivery

address outside Australia. We are not responsible for any delays or additional costs resulting from customs clearance processes.

(c)We accept the payment methods displayed on our website at the time of purchase. Where we offer payment through third-party

providers, your use of those payment methods may be governed by the third-party provider's separate terms and conditions, which

you must review and accept directly with them.

5. Delivery, title and risk

(a)We deliver to areas specified on our website. If you are outside our delivery area, please contact us to discuss alternative options.

(b)Delivery timeframes shown on our website are estimates only.

(c)We use various delivery methods. Some deliveries require a signature, while others may be left in a safe place or at your nearest post

office for collection, subject to your preferences and our delivery partner's policies.

(d)We retain title to the products until we receive payment of the full purchase price. Until title passes to you, you must not create,

permit or allow any encumbrance, security interest, charge, lien or other third-party interest over the products.

(e)Risk passes to you upon delivery to your specified address.

6. Returns

(a)We offer refunds of products for change of mind where we determine (at our absolute discretion):

Our Disclosures:

Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set

out below:

• Our liability under these terms is limited as set out in the Limitations section below.

Nothing in these terms limit your rights under the Australian Consumer Law.

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(1) you have provided the proof of purchase and you purchased the products within 7 days prior to the request for an

exchange or refund;

(2) the products are in their original condition and have not been used, opened, damaged, or tampered with;

(3) the products are in their original undamaged packaging;

(4) the products are not sale items, custom-made, special buy products or gift vouchers; and

(5) a returns form has been completed and a return authorisation number issued to you.

(b)We will not cover the costs of delivery or re-delivery for a change of mind return. You must cover these yourself.

(c)You may have rights under the Australian Consumer Law (see below) in addition to this clause.

7. Australian Consumer Law

(a)Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the

Australian Consumer Law (Consumer Law Rights). Any and all other warranties or conditions which are not guaranteed by the

Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully

expressed in these Terms.

(b)Where you return products to us to seek an Australian Consumer Law remedy, you will need to cover any associated costs (for example

delivery costs) of you returning the products to us.

(c)Where your claim is a valid claim under the Australian Consumer Law, we will refund your return delivery costs and, depending on the

failure, either dispatch a new or repaired replacement product or refund you the price of the relevant product. Please contact us for

further information.

8. Limitations

(a)Despite anything to the contrary, but subject to your Consumer Law Rights, to the maximum extent permitted by law:

(1) neither party will be liable for indirect, consequential, or special losses or loss of profits, revenue, or business

opportunities;

(2) each party's liability will be reduced proportionately where the loss was caused or contributed to by the other party's

acts, omissions, or failure to mitigate their losses; and

(3) each party's total liability arising from or relating to these Terms or the products will not exceed the amount paid for

the specific products that are the subject of the relevant claim.

9. Use of our website

(a)When using our website, you must not:

(1) breach any person's privacy, legal rights, or upload personal information without consent;

(2) defame, harass, threaten, or offend any person;

(3) use our website for any unlawful purpose;

(4) interfere with other users or our website's operation;

(5) introduce viruses, malware, or attempt to modify or tamper with our website;

(6) send spam or unsolicited messages;

(7) use automated tools such as bots, scrapers, or data mining software;

(8) assist others in doing any of the above;

(9) provide false, inaccurate, or misleading information;

(10) use another person's details without authorisation; or

(11) fail to maintain the security of any access credentials we provide to you.

10. Intellectual property

(a) All intellectual property rights in our website, products, content, branding, and materials (including copyright, trademarks, and designs)

remain our property at all times.

(b) Subject to these Terms, we grant you a limited, non-exclusive, non-transferable licence to use our intellectual property solely for your

personal use of the products or our website as intended.

(c) You must not, without our prior written consent:

(1) copy, reproduce, distribute, sell, publish, or broadcast our intellectual property;

(2) use our intellectual property for commercial purposes or revenue generation;

(3) modify, adapt, or create derivative works from our intellectual property;

(4) frame or embed our content in another website; or

(5) remove or alter any copyright notices or proprietary markings.

(d) You may share our content on social media or personal blogs provided you:

(1) do not claim ownership of our intellectual property;

(2) do not imply our endorsement unless explicitly agreed in writing; and

(3) do not damage our reputation or use our content in any illegal, misleading, or deceptive manner.

(e) If you submit content to our website (such as reviews, comments, or feedback), you:

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(1) grant us a worldwide, royalty-free, non-exclusive licence to use, modify, and display that content for our business

purposes;

(2) warrant that you own the content or have permission to submit it;

(3) acknowledge that we may remove any content at our discretion; and

(4) remain responsible for ensuring your content does not infringe third-party rights or violate any laws.

11. General

(a)Disputes: Before commencing court proceedings, the parties must first meet to attempt to resolve any dispute in good faith. If this

fails, the parties will engage a mediator, with mediation costs shared equally. This does not prevent either party from seeking urgent

court orders when necessary.

(b)Notices: All notices must be in writing and sent to the contact details provided during your order or to our details below. Notices sent

by post are deemed received after 48 hours, and emails are deemed received when sent.

(c) Force Majeure: Neither party will be liable for delays or failures caused by events beyond their reasonable control (such as supply

chain disruptions, cyber attacks, natural disasters, government actions, or pandemics), provided the affected party promptly notifies

the other party and uses reasonable efforts to minimise the impact.

(d)Assignment: You cannot transfer your rights or obligations under these Terms without our written consent.

(e)Privacy: We collect, use, and disclose your personal information in accordance with our privacy policy available on our website.

(f) Amendment: We may update these Terms at any time by publishing revised terms on our website. The Terms that apply to your order

are those in effect when you place your order. We recommend reviewing the current Terms before each purchase.

(g)Governing law: These Terms are governed by the laws of Victoria. Both parties submit to the exclusive jurisdiction of the courts

operating in Victoria and any appeal courts, and waive any objection to proceedings in those courts.

For any questions and notices, please contact us at:

Evil Ray Operations Pty Ltd (ACN 685 574 047)

Address: 53-55 Rosslyn Street, West Melbourne, Victoria 3003, Australia

Email: hello@evilray.com