Terms of service

Article 1 – Definitions

In these general terms and conditions, the following terms have the meanings set out below:

• Entrepreneur: Profound Evergreen Solutions LLC, trading as Mary & Evelyn, the party offering products to consumers at a distance.
• Consumer: the natural person who is not acting for purposes relating to their trade, business, craft or profession and who enters into a distance contract with the entrepreneur.
• Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organised system for the distance sale of products, whereby exclusive use is made of one or more means of distance communication.
• Cooling-off period: the period within which the consumer may exercise their right of withdrawal.
• Business day: Monday to Friday, excluding weekends and recognised public holidays.

Article 2 – Identity of the entrepreneur

The products offered on this store are sold by Profound Evergreen Solutions LLC, trading as Mary & Evelyn, registered at 16192 Coastal Highway, Lewes, Delaware 19958, United States, under company registration number 30-1409428. Contact details are set out in full in the Contact section at the end of these terms.

Article 3 – Scope

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer. These terms are directed at consumers in Australia and are intended to operate alongside the mandatory consumer guarantees provided under the Australian Consumer Law. Nothing in these terms excludes, restricts or modifies any right or remedy that the consumer has under that law and that cannot lawfully be excluded.

Before the distance contract is concluded, the text of these terms is made available to the consumer in a manner that allows it to be easily stored on a durable medium.

Article 4 – The offer

If an offer is subject to a limited period of validity or to conditions, this will be expressly stated. Every offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting it, including the principal characteristics of the product, the total price in USD including applicable taxes, and, where relevant, any delivery arrangements.

All product descriptions, images and specifications are provided as accurately as reasonably possible. Obvious errors or mistakes in the offer do not bind the entrepreneur.

Article 5 – Conclusion of the contract

The contract is concluded at the moment the consumer accepts the offer and satisfies the conditions attached to it. After the consumer has placed an order, the entrepreneur will confirm receipt of the order without delay by electronic means. Until receipt of the order has been confirmed, the consumer may cancel the order.

The entrepreneur takes appropriate technical and organisational measures to secure the electronic transfer of data and to ensure a secure online environment for payment.

Article 6 – Right of withdrawal

The consumer may withdraw from the contract in respect of the purchase of a product during a cooling-off period of 14 days without giving any reason. This period commences on the day the consumer, or a third party designated by the consumer, takes physical possession of the product.

During the cooling-off period the consumer shall handle the product and its packaging with care. The consumer will only unpack or use the product to the extent necessary to establish its nature, characteristics and functioning. The consumer is liable for any diminished value of the product resulting from handling beyond what is necessary.

To exercise the right of withdrawal, the consumer must notify the entrepreneur of this decision within the cooling-off period by an unequivocal statement sent by email. The consumer must then return the product without undue delay, and in any event within 14 days of that notification. The direct cost of returning the product is borne by the consumer unless otherwise agreed in writing.

Article 7 – Refund in case of withdrawal

The entrepreneur will reimburse all payments received from the consumer, including any standard delivery costs, without undue delay and in any event within 14 days of the day on which the entrepreneur is informed of the withdrawal, provided the returned product has been received or the consumer has demonstrated that the product has been sent back.

Reimbursement will be made using the same means of payment that the consumer used for the original transaction, unless the consumer has expressly agreed otherwise. No fees will be charged for the reimbursement.

Article 8 – Customs, import duties and VAT

All prices are stated in USD. As orders are shipped from the United States, deliveries to Australia may in certain cases be subject to import duties, goods and services tax (GST) or other charges levied by the destination authorities. Where any such charges apply, they are the responsibility of the consumer and are not included in the product price. The entrepreneur has no control over these charges and cannot predict their amount.

Article 9 – Conformity and warranty

The entrepreneur warrants that the products conform to the contract, to the specifications stated in the offer, and to the reasonable requirements of soundness and usability. In addition to these terms, the consumer benefits from the consumer guarantees under the Australian Consumer Law, which provide, among other things, that goods must be of acceptable quality, fit for their disclosed purpose, and match their description.

If a product is faulty, not as described, or otherwise fails to meet a consumer guarantee, the consumer may be entitled to a repair, replacement or refund and, in some cases, compensation for reasonably foreseeable loss or damage. The consumer should contact the entrepreneur by email to arrange an appropriate remedy.

Article 10 – Delivery

The entrepreneur will take the greatest possible care in receiving and executing orders. The place of delivery is the address the consumer has provided to the entrepreneur.

• Order cutoff: orders placed before 3:00 PM ET begin processing the same day.
• Processing time: 1 to 2 business days (Monday to Friday, excluding weekends).
• Delivery time: 5 to 10 business days (Monday to Friday, excluding weekends).
• Shipping cost: free delivery on all orders.

Stated delivery times are indicative and made in good faith. The risk of damage to or loss of the products passes to the consumer at the moment of delivery.

Article 11 – Complaints

Complaints about the performance of the contract must be submitted to the entrepreneur by email, fully and clearly described, within a reasonable time after the consumer has discovered the defect. Complaints will be answered within a period of 24 hours from the date of receipt where reasonably practicable; if a complaint requires a longer processing time, the entrepreneur will confirm receipt within 24 hours and provide an indication of when a more detailed response may be expected.

Article 12 – Disputes and applicable law

The entrepreneur will make every effort to resolve any dispute amicably and directly with the consumer. Nothing in these terms limits the consumer's statutory rights under the Australian Consumer Law or the consumer's ability to lodge a complaint with the relevant consumer protection authority in their jurisdiction. Mandatory consumer protection provisions applicable to the consumer's place of residence continue to apply irrespective of any choice of law.

Contact

For any question relating to these general terms and conditions, an order, a return or a complaint, please contact us first by email at info@maryandevelyn.com. We aim to respond to all enquiries within 24 hours.

Legal entity details:

• Legal company name: Profound Evergreen Solutions LLC (trading as Mary & Evelyn)
• Company registration: 30-1409428
• Registered address: 16192 Coastal Highway, Lewes, Delaware 19958, United States
• Email: info@maryandevelyn.com
• Phone (secondary): +1 929 597 8732