Terms of service
Overview
Welcome to coulei.com.au. The terms "we," "us," and "our" refer to COULEI, operated by EVV AUS PTY LTD. COULEI operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). COULEI is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced in them (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our [Privacy Policy]. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.
Nothing in these Terms limits or excludes any right or remedy you have under the Australian Consumer Law, which cannot lawfully be excluded.
1. Access and account
There is no set minimum age to purchase from COULEI, though we generally expect customers accessing or using the Services to have the legal capacity to enter into a binding contract, or to be doing so with the involvement of a parent or guardian if they are under 18. Section 7 sets out our product use guidance regarding age.
To use the Services — including browsing our online store or purchasing our products — you may be asked to provide certain information, such as your email address, billing, payment, and shipping details. You represent and warrant that all information you provide is correct, current, and complete, and that you have all rights necessary to provide it.
You can complete a purchase as a guest, or create an account to save your details and view your order history — an account isn't required to shop with us. You are solely responsible for maintaining the security of your account credentials and for all activity on your account, and you may not transfer, sell, assign, or license your account to any other person.
2. Our products
We've made every effort to provide an accurate representation of our products in our online store. However, please note that colours or product appearance may differ from how they appear on your screen, depending on your device and its display settings.
All product descriptions are subject to change at any time, at our discretion. We may discontinue any product at any time, and may limit the quantities of any product we offer to any person, geographic region, or jurisdiction, on a case-by-case basis.
Nothing in this section limits your rights under the Australian Consumer Law.
3. Orders
When you place an order, you are making an offer to purchase. COULEI reserves the right to accept or decline your order for any reason, at its discretion — for example, if a product is out of stock, we suspect fraud, or there's an error in pricing or product information. Your order is not accepted until we confirm acceptance by email, and we must receive and process your payment before your order is accepted.
Please review your order carefully before submitting it, as we may be unable to accommodate cancellation requests after an order has been accepted. If we do not accept, need to change, or cancel your order, we will attempt to notify you using the email address, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return, replacement, or refund solely in accordance with our [Returns & Refunds Policy] and your rights under the Australian Consumer Law.
You represent and warrant that your purchases are for your own personal or household use, and not for commercial resale or export, unless we've otherwise agreed with you in writing.
4. Prices and payment
Prices, discounts, and promotions are subject to change without notice. The price charged for a product will be the price shown at checkout at the time you place your order, and will be set out in your order confirmation email. Prices are listed in Australian Dollars (AUD). EVV AUS PTY LTD is not currently registered for GST, so GST is not applied to your order. Unless otherwise stated, posted prices do not include shipping, customs, or import charges — see Section 5 and our [Shipping Policy] for details.
We may, from time to time, run promotions that affect pricing and are governed by their own terms; if there's a conflict between promotion terms and these Terms, the promotion terms will apply to that promotion.
You agree to provide current, complete, and accurate payment and account information for all purchases, and to promptly update this information where needed so we can complete your transaction and contact you if required. You represent and warrant that: (i) any payment information you provide is true, correct, and complete; (ii) you are authorised to use the payment method provided; and (iii) charges incurred by you will be honoured by your card issuer or payment provider.
If we discover a pricing or product description error after you've placed an order, we will contact you before proceeding, and you'll have the option to confirm your order at the correct price or cancel it for a full refund.
5. Shipping and delivery
Shipping is handled in accordance with our [Shipping Policy]. Delivery timeframes provided at checkout or in our Shipping Policy are estimates only and are not guaranteed. We are not responsible for delivery delays caused by our shipping carriers, customs processing, or other events outside our reasonable control.
Once we hand your order to our shipping carrier, risk of loss in the products passes to you — if something goes wrong with delivery from that point, please see our [Shipping Policy] and [Returns & Refunds Policy], and we'll work with you and the carrier to resolve it.
6. Intellectual property
Our Services — including all trademarks, branding, text, images, graphics, product reviews, video, and audio, and their design, selection, and arrangement — are owned by or licensed to EVV AUS PTY LTD and are protected by Australian and international copyright, trademark, and other intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, republish, download, store, or transmit any material from the Services without our prior written consent, except for personal, non-commercial use in connection with a purchase from us.
The COULEI name, logo, and branding are trademarks of EVV AUS PTY LTD or its licensors. You must not use them without our prior written permission. Shopify's name, logo, and branding are trademarks of Shopify Inc. All other names, logos, and branding appearing on the Services belong to their respective owners.
7. Product use and returns
Skincare and product use: Our products are cosmetic skincare products and are not intended to diagnose, treat, cure, or prevent any medical condition. Before first use, we recommend performing a patch test on a small area of skin. Discontinue use and consult a healthcare professional if you experience irritation, redness, or any adverse reaction. If you are pregnant, breastfeeding, have sensitive skin, or have known allergies, please review the full ingredient list carefully and consult a healthcare professional before use if you're unsure. Our products are not recommended for individuals under 16 years of age. Keep all products out of reach of children.
Returns and refunds: We don't accept change of mind returns, but we will provide a replacement or refund where a product arrives faulty, damaged, or incorrect, in accordance with our [Returns & Refunds Policy] and consistent with your rights under the Australian Consumer Law.
8. Reviews, user-generated content, and feedback
If you submit a product review, or post content on social media that features, tags, or mentions COULEI (for example, photos or videos using our products), or otherwise send us feedback, suggestions, or ideas (collectively, "Feedback"), you grant us a non-exclusive, worldwide, royalty-free, sublicensable licence to use, reproduce, adapt, publish, and display that Feedback — including your username or handle — across our website, social media, email marketing, and other promotional materials, unless you tell us otherwise. This may include using it for commercial purposes, such as marketing our products.
You represent and warrant that: your Feedback is your own or you have all rights necessary to submit it; it doesn't infringe anyone else's rights (including copyright, trademark, or privacy rights); it isn't false, misleading, defamatory, obscene, or unlawful; and you've disclosed any compensation or incentive you received in connection with it. We are under no obligation to keep Feedback confidential, pay for it, or respond to it, and we may, but are not obliged to, monitor, edit, or remove any Feedback at our discretion.
9. Optional third-party tools
We may provide access to tools offered by third parties as part of the Services, which we don't control or monitor. Such tools are provided "as is" and "as available," without any warranty from us, and any use of them is at your own risk — you should review the relevant third party's own terms before using them.
10. Third-party links
The Services may contain links to third-party websites, including social media platforms and payment providers. We are not responsible for the content, accuracy, or practices of any third-party site, and linking to one doesn't imply our endorsement. If you choose to visit a third-party site, you do so at your own risk, and any complaints or questions about a third party's products or services should be directed to that third party.
11. Relationship with Shopify
COULEI is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make through our store are made directly with COULEI, not Shopify. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and COULEI, including any injury, damage, or loss resulting from purchased products. You release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with COULEI.
12. Privacy
All personal information we collect through the Services is subject to our [Privacy Policy]. Because the Services are hosted by Shopify, Shopify also collects and processes personal information about your access to and use of the Services in order to provide and improve those Services — this is governed by Shopify's Privacy Policy. By using the Services, you acknowledge that you've had the opportunity to read both privacy policies.
13. Prohibited uses
You agree to use the Services for lawful purposes only, and not to:
- engage in any unlawful, fraudulent, or malicious activity, or infringe our intellectual property rights or those of others;
- harass, abuse, defame, or harm any other person, including our staff;
- transmit false or misleading information, or impersonate any other person or entity;
- send spam, unsolicited advertising, or promotional material through the Services;
- upload or transmit viruses or other malicious code that could affect the operation of the Services;
- reproduce, duplicate, scrape, or exploit any portion of the Services for commercial purposes without our permission;
- collect or track other users' personal information without their consent; or
- interfere with, bypass, or circumvent any security or access-control measure we use to protect the Services.
We may suspend, disable, or terminate your account or access at any time, without notice, if we reasonably believe you've breached these Terms.
14. Automated access and AI agents
This section applies if you use, enable, or deploy an "Agent" — any software or service that takes autonomous or semi-autonomous action on your behalf to access, use, or interact with the Services (for example, an AI shopping assistant or automated checkout tool).
An Agent may only access, use, or interact with the Services if it clearly identifies itself as an Agent in its requests (rather than mimicking human behaviour or attempting to bypass measures like CAPTCHAs designed to distinguish humans from automated tools), responds truthfully if asked whether it is a human or an automated tool, and does not attempt to circumvent any measure we use to control how Agents access the Services. We may limit or block Agent access to the Services, including by technical measures, at our discretion.
15. Termination
We may terminate these Terms, or your access to the Services, at our discretion and without notice, and you will remain liable for any amounts already due at the date of termination. Sections that by their nature should survive termination — including Intellectual Property, Reviews/User-Generated Content and Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Governing Law, and Privacy — will continue to apply.
16. Disclaimer of warranties
The information presented on the Services is provided for general information purposes only, and we don't warrant its accuracy, completeness, or usefulness. Any reliance you place on such information is at your own risk.
To the extent permitted by law, the Services and the products offered through them are provided "as is" and "as available," without warranties of any kind, whether express or implied, except for those which cannot be excluded under the Australian Consumer Law. We don't guarantee that the Services will be uninterrupted, timely, secure, or error-free.
Nothing in this section excludes, restricts, or modifies any consumer guarantee, right, or remedy you have under the Australian Consumer Law, which cannot lawfully be excluded.
17. Limitation of liability
To the extent permitted by law, and subject to your rights under the Australian Consumer Law (which cannot be excluded), our liability — and that of our directors, officers, employees, and affiliates, and of Shopify and its affiliates — for any loss or damage arising from your use of the Services or a purchase from us is limited to, at our option, the repair or replacement of the relevant goods, the resupply of the relevant services, or the cost of doing so.
Where the Australian Consumer Law does not apply, to the fullest extent permitted by law, we exclude liability for any indirect, incidental, special, or consequential loss (including lost profits or lost data) arising from your use of the Services, whether based in contract, tort (including negligence), or otherwise.
18. Indemnification
To the extent permitted by law, you agree to indemnify and hold harmless COULEI, Shopify, and our respective affiliates, officers, directors, employees, agents, and service providers from any loss, damage, liability, or claim (including reasonable legal costs) arising from your breach of these Terms, your violation of any law or a third party's rights, or your misuse of the Services.
19. Severability
If any part of these Terms is found to be invalid, unlawful, or unenforceable, that part will be severed, and the remaining provisions will continue to apply in full.
20. Waiver; entire agreement
Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision. These Terms, together with any policies referenced in them, constitute the entire agreement between you and us regarding your use of the Services, and supersede any prior agreements or understandings, whether oral or written.
21. Assignment
You may not transfer or assign these Terms, or any of your rights or obligations under them, without our prior written consent. We may transfer or assign these Terms, and our rights and obligations under them, without notice to you — for example, if our business is restructured or sold.
22. Governing law
These Terms are governed by the laws of New South Wales, Australia. You and COULEI both submit to the non-exclusive jurisdiction of the courts of New South Wales for any dispute arising from these Terms.
23. Headings
The headings used in these Terms are included for convenience only and do not affect their interpretation.
24. Changes to these Terms
We may update these Terms from time to time to reflect changes in our business, products, or legal requirements. The most current version will always be available on this page, and any changes will take effect once posted. Your continued use of the Services after changes are posted means you accept the updated Terms.
25. Contact us
If you have any questions about these Terms, please contact us at:
COULEI (operated by EVV AUS PTY LTD) Email: contact@coulei.com.au
