Cart is empty These Terms & Conditions of Sale apply to products supplied by Evolving Elements through our website, online store, approved Trade Contractor Portal, telephone or email orders, and other direct sales channels.
By placing an order with Evolving Elements, you agree to these Terms & Conditions of Sale.
Nothing in these Terms & Conditions is intended to exclude, restrict or modify any rights or remedies that cannot lawfully be excluded, including rights available under the Australian Consumer Law.
1. Products and Information
Evolving Elements manufactures and supplies professional cleaning chemicals, surface treatments, primers, coatings, sealers and related products.
We make reasonable efforts to ensure product descriptions, specifications, Technical Data Sheets (TDS), Safety Data Sheets (SDS), photographs and other information are accurate and current.
Product specifications may be updated or improved from time to time.
Customers must read and follow the applicable product label, TDS and SDS before using a product.
2. Product Suitability
It is the purchaser’s responsibility to determine whether a product is suitable for the intended substrate, environment, application method and conditions.
Where there is uncertainty regarding compatibility or suitability, we recommend carrying out a small test area before proceeding with the full application.
Technical advice provided by Evolving Elements is based on the information supplied to us and our knowledge of the product. Site conditions, substrate condition, previous coatings, contamination, weather and application methods are outside our direct control.
Customers and contractors remain responsible for appropriate surface preparation, product selection and application.
3. Orders
Orders are subject to acceptance and product availability.
Evolving Elements reserves the right to contact a customer to clarify an order before processing it where information is incomplete or appears incorrect.
An automated order confirmation acknowledges receipt of an order but does not necessarily constitute final acceptance where further verification is required.
We may decline or cancel an order where reasonably necessary, including where a product is unavailable, an obvious pricing or website error has occurred, payment cannot be verified, or we reasonably suspect fraudulent or unauthorised activity.
If Evolving Elements cancels an order after payment has been received and the customer is not otherwise in breach of these Terms, the amount paid for the cancelled products will be refunded.
4. Pricing and GST
Unless otherwise stated, prices displayed on the Evolving Elements Australian website are in Australian dollars.
Prices applicable to an order are those displayed or quoted at the time the order is accepted, subject to correction of obvious errors.
Trade pricing, discounts and promotional offers may be subject to separate eligibility requirements, quantities, dates or other conditions.
5. Payment
Payment must be made using one of the payment methods offered by Evolving Elements at the time of purchase.
Orders may not be dispatched or made available for collection until required payment has been received or approved account arrangements have been confirmed.
Any credit or account arrangements separately agreed by Evolving Elements remain subject to their applicable payment terms.
6. Colours and Tinted Products
Roof coatings, concrete coatings and other coloured products may be manufactured or tinted to the colour selected by the purchaser.
Customers are responsible for checking the product, colour name and quantity selected before submitting an order.
Colours displayed on computer screens, mobile devices, printed charts or photographs are indicative only. Display settings, lighting, substrate, gloss level, application method and surrounding colours can affect perceived colour.
Where colour is critical, customers should confirm their selection using an appropriate physical colour reference before ordering.
Different batches should be checked before application. Where multiple pails or batches are being used on the same continuous area, appropriate batch management or boxing together should be considered to promote colour uniformity.
7. Custom, Tinted and Made-to-Order Products
Products specifically tinted, manufactured, modified or prepared to a customer’s requirements may not be returnable merely because the customer changes their mind, orders the incorrect product or quantity, or selects the incorrect colour.
This does not affect any rights the purchaser may have where goods fail to comply with applicable consumer guarantees under the Australian Consumer Law.
8. Delivery and Freight
Delivery dates and times provided by Evolving Elements or a freight provider are estimates unless expressly agreed otherwise.
Customers must provide accurate delivery information and ensure reasonable access is available for delivery.
Delivery charges may vary according to destination, weight, quantity, product classification and freight requirements.
Where permitted, freight may be provided by third-party carriers. Once dispatched, tracking and delivery information may also be provided by the carrier.
If an order arrives damaged, leaking, incomplete or appears to have been mishandled during transport, please contact Evolving Elements as soon as reasonably practicable and retain the packaging and products where safe to do so.
Photographs of the packaging, consignment label and affected goods may assist us in investigating the matter.
9. Local Trade Delivery
Approved Trade Contractors may have access to local delivery services in eligible Melbourne metropolitan areas.
Availability, delivery fees, service areas and delivery timeframes may vary according to location, order size, vehicle requirements and scheduling.
Same-day or expedited delivery is not guaranteed unless specifically confirmed by Evolving Elements for the particular order.
10. Collection
Where collection is available, customers should wait until Evolving Elements confirms that the order is ready before attending.
Orders must be collected from the location specified by Evolving Elements during applicable collection hours.
11. Dangerous Goods and Chemical Products
Some Evolving Elements products may be classified as Dangerous Goods or otherwise subject to transport, storage or handling requirements.
Freight options may therefore differ between products and destinations.
Customers are responsible for storing, handling and using chemical products in accordance with the product label, SDS, TDS and applicable workplace or regulatory requirements.
Products must be kept out of reach of children and unauthorised persons.
12. Returns and Change of Mind
Evolving Elements is not required to provide a refund or replacement simply because a customer changes their mind, orders the incorrect quantity or product, finds the product cheaper elsewhere, or no longer requires the goods.
Evolving Elements may choose to accept a change-of-mind return at its discretion for eligible unopened and resaleable standard-stock products. Any such return must be approved by Evolving Elements before the product is returned.
Custom-made, tinted, modified or specially ordered products will generally not be accepted for change-of-mind return.
Nothing in this section limits rights available under the Australian Consumer Law.
The ACCC confirms that businesses generally don’t have to provide a remedy simply for change of mind, but this cannot be used to deny remedies where consumer guarantees apply.
13. Faulty, Incorrect or Non-Conforming Products
If you believe a product is faulty, incorrectly supplied, damaged or does not conform to its description, contact Evolving Elements with the order details and information about the issue.
We may request photographs, batch numbers, samples or other reasonable information to investigate the matter.
Under the Australian Consumer Law, remedies available for a product that fails to meet a consumer guarantee depend on the nature of the failure. For a major failure, the consumer may generally choose a refund or replacement; different remedies may apply to a minor failure.
Nothing in these Terms limits those statutory rights.
14. Product Application and Technical Data
Coverage rates, drying times, recoat times, dilution rates and other performance information provided by Evolving Elements are indicative and may vary according to substrate condition, porosity, temperature, humidity, airflow, application equipment, film thickness and environmental conditions.
Products must be mixed, diluted and applied according to the applicable product instructions.
Evolving Elements is not responsible for application workmanship performed by independent contractors or other third parties.
15. Weather and Site Conditions
Customers and contractors are responsible for assessing weather and site conditions before commencing application.
Products must not be applied outside the conditions specified in the relevant TDS or product instructions.
Adequate protection should be provided for surrounding property, vehicles, vegetation, waterways and other surfaces as appropriate to the product being used.
16. Trade Contractor Accounts
Access to the Evolving Elements Trade Contractor Portal is restricted to approved accounts.
Submission of a Trade Contractor application does not guarantee approval.
Evolving Elements may reasonably request information necessary to assess or administer a trade account.
Trade account access, pricing and benefits are provided to the approved account holder and must not be transferred, shared or made available to unauthorised persons.
Account holders are responsible for maintaining the confidentiality of their login credentials and for activity conducted through their account.
17. Trade Pricing and Promotions
Approved Trade Contractors may receive access to trade pricing, bulk-order discounts, promotional pricing or other offers.
Eligibility and pricing may vary by product, quantity, promotion or account.
Unless specifically stated otherwise, discounts and promotional offers cannot be combined.
Evolving Elements may introduce, modify or discontinue trade pricing or promotional programs from time to time. Any change will not alter an order already accepted at an agreed price.
18. Suspension or Closure of Trade Accounts
Evolving Elements may suspend or close a Trade Contractor account on reasonable grounds, including misuse of trade access, fraudulent activity, material breach of these Terms, unauthorised sharing of an account, or overdue amounts under an agreed credit arrangement.
Where appropriate, we will attempt to contact the account holder regarding the issue.
Closure of a Trade Contractor account does not remove outstanding payment obligations or affect rights arising from orders already completed.
19. Technical Downloads and Trade Resources
Technical Data Sheets, Safety Data Sheets, system documents, application information and other materials available through the Trade Portal are provided to assist professional users.
Users should ensure they are referring to the current version of the relevant document before using or applying a product.
Technical documents must be read together with product labels and applicable safety information.
20. Limitation of Liability
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law or other law where doing so would be unlawful.
To the extent permitted by law, Evolving Elements is not responsible for loss or damage caused by misuse of a product, failure to follow applicable instructions, unsuitable application conditions, incorrect surface preparation, unauthorised modification or mixing of products, or workmanship performed by third parties.
21. Privacy
Personal information collected in connection with orders, customer accounts and Trade Contractor accounts is handled in accordance with the Evolving Elements Privacy Policy.
22. Intellectual Property
Product names, branding, website content, technical documents, photographs, graphics and other materials published by Evolving Elements remain the intellectual property of Evolving Elements or their respective owners unless otherwise stated.
Material may not be reproduced or used commercially without permission, except where permitted by law.
23. Changes to These Terms
Evolving Elements may update these Terms & Conditions of Sale from time to time.
The current version will be published on the Evolving Elements website together with the date of the latest update.
Changes will not retrospectively alter the agreed terms of an order already accepted unless required by law or agreed with the customer.
24. Governing Law
These Terms & Conditions of Sale are governed by the laws applicable in Victoria, Australia.
Nothing in this section limits any rights a customer may have regarding jurisdiction or dispute resolution under applicable law.
25. Contact Us
Questions concerning an order, return, product or these Terms & Conditions can be directed to:
Evolving Elements
19 Jesica Road
Campbellfield VIC 3061
Australia
Phone: 03 9357 6644
Toll Free: 1300 577 262
Email: sales@evolvingelements.com.au