Terms & Conditions

1.1 By submitting an Order, Customer is making an Offer to Evolus to purchase the Products subject to these Conditions.

1.2 Customer shall carefully review any Order for errors prior to submission.

1.3 These Conditions set forth the entire agreement between Evolus and Customer and may not be altered, supplemented, or amended by Customer through the use of any other document(s), and Evolus specifically excludes any other terms that the Customer may seek to impose or incorporate, or which may be implied by trade, custom, practice or course of dealing. In the event that the parties have agreed separate terms in writing, such agreed terms shall take precedence over these Conditions.

1.4 These Conditions do not override or affect any legal obligations that Evolus or Customer might have which cannot be excluded or limited by law.

1.5 Evolus reserves the right to accept or decline, in whole or in part, any Order placed by Customer in its sole discretion for any reason.

1.6 Once accepted by Evolus, an Order may not be cancelled by Customer except with the express consent of Evolus.

2.1 The price of the Products shall be the latest price stated by Evolus on the date of Evolus’ acceptance of the Order. It is Customer’s responsibility to check the current prices (including any changes that may occur from time to time) with Evolus.

2.2 Pricing is quoted in Australian Dollars.

2.3 Any price quotation is not an offer from Evolus and Evolus may alter prices without notice to Customer before Evolus accepts Customer’s Order.

2.4 Prices are exclusive of GST and other taxes (if any) that might apply to the Products.

2.5 Evolus will deliver to Customer a valid tax invoice in respect of the Product and any GST payable at or before the time of payment. Unless expressly stated otherwise, payment of any GST or other additional amounts shall be made by Customer at the same time as payment for the Product.

2.6 If Evolus becomes liable to pay GST on any Supply of Product made under these Conditions, then Customer must pay Evolus an additional amount equal to the GST payable on or for the Product.

3.1 Payment for the Products is due in full (without set-off or deduction, including for any claims for credit) on or before the Due Date, in Australian Dollars.

3.2 If Customer does not pay for the Products in full by the Due Date, Evolus may, without limiting any other rights:

(a) charge interest on any unpaid amount at the rate of 2% above the at the Reserve Bank Official Cash Rate, such rate to be compounded and calculated daily on the amount outstanding after the Due Date for payment until it has been paid in full. Customer and Evolus agree that such interest charge is not a penalty but a true measure of damages that would be incurred by Evolus as a result of Customer’s failure to pay on time;

(b) require the payment of cash before delivery of any further Products and all outstanding monies then become immediately due and payable on demand;

(c) credit any payments received from Customer first against any interest charges and costs that Evolus has incurred, and all such charges will be payable on demand; and/or

(d) exclude Customer from participating in any special deals, discounts, redemptions, rebates and all other incentive programs concerning the Products.

3.3 Payment shall be made by Customer in accordance with the authorized payment method elected by Customer in the Order.

3.4 Evolus has no obligation to provide credit facilities to Customer. Evolus’s extension of credit to Customer is subject to Evolus, in its sole discretion, being and remaining satisfied with the accuracy of the Customer Documentation, Customer’s financial history and, if Evolus requests, receiving guarantees and indemnities from Customer. Customer authorises Evolus to enquire about Customer’s financial history, including obtaining reports from credit reporting agencies from time to time whilst Customer uses Evolus’s credit facilities.

3.5 Customer agrees to pay to Evolus or at Evolus’s direction all reasonable collection costs, including commissions and legal charges on a solicitor and client basis, on all monies outstanding should Customer breach any term or condition herein and should action be taken by or on behalf of Evolus to recover the debt.

4.1 Evolus will determine the time, route and carrier for all shipments of Product to the Delivery Location. Customer acknowledges that any delivery times provided by Evolus are estimates only. Evolus is not liable liability for any loss, additional costs or damages resulting from late deliveries.

4.2 Customer must still accept and pay for Products even if the delivery is later than Evolus’s estimate.

4.3 If Customer is not available to accept delivery, then Customer may incur a re-delivery charge and may be charged for the replacement Product.

4.4 All freight and handling costs will be charged in the invoice.

4.5 Evolus reserves the right to deliver by instalments. Customer will not be entitled to cancel the balance of an Order if Evolus fails to deliver any instalment.

4.6 Orders for Products that are temporarily out of stock will automatically be placed on backorder.

5.1 Risk of loss for the Products transfer from Evolus to Customer upon delivery of the Products to the Delivery Location.

5.2 Title to the Products does not transfer to the Customer until the Customer pays in full all amounts owing to Evolus. Until title to the Products passes to the Customer, Customer shall hold the Products as bailee of Evolus and must ensure the Product is stored as per the labelled storage conditions and insured for an amount no less than the price of the Product.

5.3 These Conditions constitute a security agreement for purposes of the PPSA and creates a security interest in the Products supplied by Evolus from time to time and any proceeds from the sale of the Products to secure payment for the Products.

5.4 Evolus may register its security interest in the Products and the proceeds of the sale of Products on the PPSA register including as a purchase money security interest (as defined under the PPSA) pursuant to these Conditions. Customer agrees to take any actions required by Evolus to register and maintain the security interest.

5.5 Customer shall not charge Product in any way, nor grant or give any interest in Product while they remain the property of Evolus, nor allow any third party to acquire a security interest in Product.

5.6 With respect to the PPSA and to the extent the law permits:

(a) for purposes of sections 115(1) and 115(7) of the PPSA:

(i) Evolus need not comply with sections 95 (notice of removal of accession), 118 (land law decisions not affected by the PPSA), 121(4) (enforcement of liquid assets – notice to grantor), 125 (obligation to dispose of or retain collateral), 129(2) and 129(3) (disposal by purchase), 130 (notice of disposal), 132(3)(d) (statement of account after disposal), or 132(4) (statement of account if no disposal); and

(ii) sections 142 (redemption of collateral) and 143 (reinstatement of security agreement) are excluded.

(b) For the purposes of section 115(7) of the PPSA, Evolus need not comply with sections 132 (secured party to give statement of account) and 137(3) (retention of collateral).

(c) Customer waives its right to receive a copy of any financing statement, financing change statement or verification statement (as those terms are defined in the PPSA) registered or received by Evolus in respect of the security interests created by these Conditions.

6.1 Customer must inspect the Products immediately and provide written notice to Evolus, with full particulars of any claims that the Product is defective in any way, within:

(a) two (2) hours after receipt of delivery in the case of cold-chain Product (required to be kept refrigerated); and

(b) two (2) business days in the case of all other Product.

If Customer fails to give notice to Evolus in accordance with this clause 6.1, then to the extent permitted by law, the Products are deemed to have been accepted “as is” by Customer, and Customer must pay for the Products in accordance with these Conditions. In this case, Customer will be taken to have waived any claim Customer may have had against Evolus.

6.2 To the maximum extent allowable by Applicable Law, Products purchased directly from Evolus are eligible for return only if:

(a) Evolus confirms that the Product is damaged in transit between the warehouse and the Delivery Location;

(b) Evolus provides Product that is incorrect based on the Order;

(c) Evolus confirms that the Product is faulty in materials or workmanship;

(d) Evolus announces a Product recall; or

(e) Evolus is otherwise required by Applicable law to replace the Products or refund the price of the Products.

6.3 Product accepted by Evolus for return will be, at Evolus's option:

(a) replaced with equivalent Products;

(b) repaired (if feasible); or

(c) refunded if the Customer has already paid for the Product.

6.4 Product will not be accepted for return and no credit will be granted, or monies paid to Customer in respect to:

(a) Product not purchased directly from Evolus pursuant to these Conditions;

(b) Product that does not match the Order;

(c) Product sold on a non-return basis;

(d) Product that is opened, marked, defaced, damaged, or interfered with other than a result of damage in transit to the Delivery Location;

(e) Product that has not been stored in conformity with Product labelling (e.g. cold chain requirements);

(f) Products that have exceeded their expiry date;

(g) Discontinued Product; or

(h) Product damaged by Customer.

6.5 If Evolus accepts the return of a Product, Evolus will notify Customer and will organise collection or destruction of Product from the Delivery Location. Until the Product is collected , Customer must store the Product as per the labelled temperature requirements and preserve the Product in the State / Territory in which it was delivered.

7.1 Customer Representations and Warranties. Customer covenants, represents and warrants at all times that:

(a) it is licensed or otherwise authorised within the State / Territory of operation to order, possess, Supply or use the Product;

(b) all information provided in the Customer Documentation is true and correct in all respects, and Customer shall undertake to update Evolus immediately upon learning of any changes to the information contained in the Customer Documentation;

(c) it will store the Products in accordance with the Product label and any Applicable Law;

(d) it is now in compliance with, and undertakes that in performance of its obligations, it shall continue to comply with Applicable Law;

(e) it will comply with these Conditions;

(f) it shall use and administer, and shall cause its employees, agents and contractors to use and administer, the Product in accordance with Applicable Law; and

(g) all its employees, agents and contractors administering the Product are Licensed Practitioners.

7.2 Customer Prohibitions. Customer shall not:

(a) repackage the Products or remove any notices or identification numbers from the Products;

(b) offer for sale or Supply the Products directly or indirectly to any person;

(c) advertise the Products in Australia, or aim advertising at, any country outside Australia;

(d) actively seek orders for Products from outside or within Australia; or

(e) establish any branch dealing in, or maintain any distribution depot for, Products outside or within Australia.

8.1 Customer must:

(a) Maintain and have any Licensed Practitioner maintain sufficient and adequate professional liability insurance in relation to conducting treatments with Product that provides insurance coverage for a period equal to the applicable limitation period for the acts insured;

(b) Ensure they have sufficient appropriate insurance to satisfy their liabilities arising out of or in relation to conducting treatments with Product; and

(c) Provide, on Evolus’s request, evidence satisfactory to Evolus that they have obtained, and currently maintains, the insurance specified in clause 8.1.

8.2 Subject to clause 8.3, Customer indemnifies Evolus against all losses, damages, expenses and costs (on a full indemnity basis) that Evolus may sustain or incur as a result of:

(a) any claim of any kind (including in negligence) by any person in relation to loss or damage sustained as a result of the way Customer, the Practitioner, or employees of or persons under the direction or control of the Customer or Practitioner, administered the Product (but, subject to clause 8.2, not loss or damage sustained as a result of a fault in the Product itself), whether or not the Practitioner, and employees of or persons under the direction or control of the Practitioner, administer such treatments in accordance with any training given by Evolus;

(b) any fraudulent act, wilful misconduct, misleading or deceptive conduct by the Customer or Practitioner or employees of or persons under the direction or control of the Customer or Practitioner; or

(c) as a result of any failure by the Customer to comply with these Conditions.

8.3 The indemnity in clause 8.1 does not operate to the extent that it would cause part or all of that provision to be void under Applicable Law.

9.1 If: (a) Evolus or Customer suffer a Force Majeure Event, (b) Customer becomes insolvent, or Evolus believes that the Customer is about to become financially impaired and notifies Customer accordingly, or (c) Customer breaches of fails to observe any of these Conditions.

(a) Then, Evolus may, without penalty and without affecting any other rights Evolus may have:

(i) suspend or close Customer’s account;

(ii) suspend delivery of Products or any current Orders;

(iii) cancel all or any part of any Orders which remain unperformed;

(iv) repossess any Products for which Evolus has not received full payment, wherever they are located;

(v) choose not to accept further Orders from Customer; or

(vi) and/or require Customer to pay all amounts owing to Evolus in connection with these Conditions (even if the Due Date for any of those amounts has not yet passed)

9.2 Customer may suspend or close its account with Evolus at any time by giving Evolus at least fourteen (14) days’ prior written notice. Evolus may also suspend or close Customer’s account at any time by giving Customer at least fourteen (14) days’ prior written notice. Suspension or closure of Customer’s account does not affect any rights or obligations that Customer or Evolus have against each other pursuant to these Conditions or at law.

9.3 Evolus shall not be liable for any loss or damage which Customer may incur as a result of any suspension and/or closure of Customer’s account.

10.1 To the fullest extent allowed by Applicable Law and subject to clauses 10.3-10.5, Evolus hereby excludes all warranties, express or implied, in connection with the sale or Supply of Products to the Customer under these Conditions.

10.2 Subject to clauses 10.3-10.5, Evolus excludes any liability to Customer, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with these Conditions, including any: loss of profits; loss of sales or business; (iii) loss of production; (iv) loss of agreements or contracts; (v) loss of business opportunity; (vi) loss of anticipated savings; (vii) loss of or damage to goodwill; or (viii) loss of reputation.

Statutory notice and business to business liability cap: consumer transactions.

10.3 The balance of this clause only applies if Customer is a deemed 'consumer' under the Australian Consumer Law and may not apply in every case. Evolus does not vary or extend the remedies otherwise available to Customer by including the following.

10.4 Evolus Products come with guarantees that cannot be excluded under the Australian Consumer Law. Customer is entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. Customer is also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure.

10.5 Provisions of the Competition and Consumer Act 2010 (Cth), the Australian Consumer Law, and other statutes in some cases either cannot be excluded, restricted or modified; or can only be restricted or modified to a limited extent. If any provisions of those types do apply, then to the extent permitted by law Evolus’s liability under those provisions is limited as follows. Evolus’s liability in relation to Products is limited at Evolus’s option to replacement of the Products or the Supply of equivalent Products; or repair of the Products; or payment of the cost of replacing the Products or of acquiring equivalent Products; or payment of the cost of having the Products repaired. Evolus’s liability in relation to services is limited at Evolus’s option to the supplying of the services again; or the payment of the cost of having the services supplied again.

Customer shall notify Evolus within twenty-four (24) hours of any complaints resulting from the use of the Products. To report side effects associated with use of an Evolus Product, please call +61 (0) 1800749137

Evolus may collect and process personal information as a result of its dealings with Customer. If so, Evolus will abide by all Applicable Laws and its Privacy Policy. A copy of the Privacy Policy is available on Privacy Policy

Customer shall use its best endeavours to cooperate with Evolus and/or the regulator in the event of a voluntary or compulsory recall of a Product.

14.1 Evolus may request and Customer shall provide (subject to Applicable Laws, including data protection legislation), access to any documents and/or other materials relating to the purchase of the Products and/or provide any other evidence requested by Evolus in order to demonstrate the Customer’s compliance with these Conditions.

14.2 Customer grants an irrevocable licence to Evolus and its representatives to, with reasonable prior notice to Customer, enter any premises upon which Evolus’s goods are stored during business hours to inspect the Products to which Evolus retains title and reclaim those goods where Customer is in breach of these Conditions. Customer agrees to comply with Applicable law when on the premises upon which Evolus’s Products are stored and to comply with any direction given by Customer and or its representatives in relation to safety of people and/or property while on the premises.

14.3 Intellectual Property Rights. Evolus retains all right, title and interest in and to any intellectual property rights embodied in or associated with the Products, including without limitation all patents, copyrights, trademarks, trade secrets and other proprietary rights. No rights or licenses are granted to Customer under these Conditions, except as expressly set forth herein.

14.4 Choice of Law. These Conditions shall be construed in accordance with the laws of New South Wales, Australia and each party undertakes to irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

14.5 Amendment of these Conditions. Evolus may from time to time amend these Conditions and such amendments shall apply from the date of amendment. Evolus will notify Customer if these Terms change. Customer will be deemed to have agreed to the change(s) if it continues to place Orders after the date of amendment.

14.6 Invalidity. If any provision hereof is held in whole or part to be unenforceable by any court or authority of competent jurisdiction, the validity of the other provisions hereof and the remainder of the provision in question shall not be affected.

14.7 No Waiver. Failure by Evolus to strictly enforce any provision of these Conditions at the time shall not be considered a waiver of that condition and shall not limit or waive Evolus’s right to subsequently require compliance with all of these Conditions.

14.8 Confidentiality. Customer agrees that their specific purchase terms including price are confidential and may not be disclosed to third parties.

14.9 Assignment. Customer may not assign these Conditions or delegate any rights or obligations hereunder without the express written consent of Evolus.

14.10 Electronic Notice and Dealings. Customer agrees that Evolus may deal with Customer electronically including but not limited to having Customer electronically sign documents and receive electronic notices, including without limitation, invoices, statements, receipts, records or other documents (collectively “Notices”) at an electronic address or addresses (whether email address, SMS number or otherwise) nominated by Customer in the Customer Documentation or that the Customer may advise Evolus from time to time for that purpose. The delivery of any Notice from Evolus is effective when sent by Evolus, regardless of whether Customer has read the Notice when Customer receives it. Evolus also reserves the right to deal non-electronically and to require Customer to do so.