Terms and Conditions

Website terms and conditions 

The website www.etoil-active.com.au (Site) is operated by Etoil Active  

Your access and use of the Site is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this documents and elsewhere on the Site (collectively, the Terms). 

Etoil Active reserves the right to amend any part of the Terms at any time without prior notice. Your continued use of the Site after such changes constitutes your acceptance of the variations. You should visit this page periodically to review the Terms. 

Your use of and/or continued access to the Site constitutes an agreement by you that you accept and agree to abide and be bound by the Terms as amended. If you object to any of the Terms, or any amendments, your only recourse is to immediately discontinue your use of the Site. 

If you violate the Terms, Etoil Active may immediately terminate your right to use and access the Site. 

 

Intellectual Property 

The content of the Site, including all information, data, text, graphics, images, sound files, software, advertisements and other material (Content), is and remains at all times the property of Etoil Active and its licensors and is protected by Australian and international copyright law. 

The Content must only be used in accordance with the Terms and any additional terms and conditions specified by the licensors of the Content. In particular, you must not: 

  • download, republish, retransmit, reproduce or otherwise use any item of the Content as a stand-alone file; 
  • modify or otherwise make derivative works of the Site or the Content; 
  • remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; 
  • use any data mining, robots or similar data gathering or extraction methods; nor 
  • use the Site or the Content other than for its intended purpose. 

All names, logos and trademarks are the property of Etoil Active. Nothing on the Site should be construed as granting any licence or right to use any name, logo or trademark without the express prior permission of Etoil Active or the relevant contributor.  

  

Use of Site 

You must not use the Site in any manner or for any purpose that is unlawful, violates any right of Etoil Active, prohibited by the Terms or potentially detrimental to the image or reputation of Etoil Active. In particular, it is a condition of your use of and/or access to the Site that you do not do any of the following: 

  • disrupt or interfere with in any way the Site or the Content; 
  • disrupt or interfere with in any way any server, software, hardware or equipment, operated by Etoil Active or third parties, that is connected to or via the Site; 
  • violate any applicable law, statute, ordinance or regulation; 
  • distribute through the Site (or send to email addresses listed on this Site) any inappropriate communication in any form, including obscene, harassing, pornographic, abusive, slanderous, defamatory, vulgar, threatening or offensive material; or 
  • bypass any security mechanisms imposed by the Site. 

Etoil Active reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of any use of the Site. 

If you register for an account on the Site, or place an order, you must: 

  • provide accurate, current and complete information as required; 
  • maintain the security of your login details and password; and 
  • maintain and update as necessary any information provided. 

  

Hyperlinks  

The Site may contain hyperlinks and other pointers to interested website operated by third parties (Linked Sites). Etoil Active does not sponsor or endorse the Linked Sites or Third Party Materials. The Linked Sites and Third Party Materials are not under the control of Etoil Active and Etoil Active is not responsible for the availability, accuracy, legality or decency of material or copyright compliance of the Linked Sites or Third Party Materials or any hyperlink contained in a Linked Site. 

You link to any Linked Site, and use any Third Party Materials, entirely at your own risk and Etoil Active is in no way liable or responsible for any advertising, products or materials on or available from the Linked Sites or promoted by the Third Party Materials. You agree that you will not use any Third Party Materials in a manner that would infringe or violate the rights of any other party and that Etoil Active is not in any way responsible for any such use by you. 

  

Use and retention of data 

Etoil Active’s Privacy Policy, which can be accessed on the Site, applies to all users and is incorporated into the Terms by reference. You should read our Privacy Policy before using any other feature of the Site. 

Etoil Active reserves the right to change the Privacy Policy from time to time. Please visit the Site regularly and check our current Privacy Policy. 

Etoil Active will not sell your information to any other customers or third parties. 

  

Gift Cards and Credit notes  

  • Gift Cards & Credit Notes are valid for 3 year from date of purchase. 
  • Gift Cards & Credit Notes can be redeemed against all products on the Site. 
  • Gift Cards & Credit Notes are non-transferable, can only be used on the Site. 
  • Gift Cards & Credit Notes may not be returned or redeemed for cash. 
  • If your order total is less than the value of the Gift Card or Credit Note, the remaining balance will be available and can be redeemed against subsequent orders. 
  • All remaining balances exceeding the value of your gift credit or store credit must be paid via an alternate payment method. 
  • If you return products you have purchased using a Gift Card, the remaining balance will be credited to you as store credit and can be redeemed against subsequent 
  • Virtual Gift Cards will be e-mailed to the purchaser once the full order has been processed and payment has been taken. 
  • Etoil Active is not liable for delivery of a Virtual Gift Card or Credit Note to an incorrect or non-existent email address. This is the sole responsibility of the purchaser. 
  • Etoil Active is not responsible if a Gift Card is lost, stolen, destroyed or used without permission. 
  • Etoil Active reserves the right to cancel a Gift Card or Credit Note if we deem such action necessary. 

  

Promotional Codes 

All promotion codes are non-transferable and there is no cash alternative. No more than one promotional code can be applied at checkout or to an order. They cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided. Etoil Active reserves the rights to cancel or refuse the usage of any promotional code at any time. 

All promotional codes must be applied at checkout, and cannot be applied to any previous or retrospective orders. We have the right to refuse use of any promotional code for any reason. The times of use will be outlined in the marketing material, the code cannot be used outside of this time. 

  

Indemnity 

You indemnify Etoil Active and their Personnel (Indemnified Persons) against: 

  • all losses incurred by the Indemnified Persons; 
  • all liabilities incurred by the Indemnified Persons; and 
  • all costs actually payable by the Indemnified Persons to their own legal representatives (whether or not under a costs agreement) and other expenses incurred by the Indemnified Persons in connection with a demand, action, arbitration or other proceeding (including mediation, compromise, out of court settlement or appeal); arising directly or indirectly as a result of or in connection with: 
  • any third party claims against the Indemnified Persons arising from your use of or access to the Site; 
  • any breach or violation of the Terms by you. 

  

Accuracy 

Etoil Active endeavours to present the most recent, accurate and reliable information on our Site at all times. However there may be rare occasions when some of the information features, incomplete or inaccurate data.  

Etoil Active makes every effort to display and inform you as accurately as possible on our product colours, sizes, cut, fit, make and general product descriptions. 

In terms of colour display for our products; computer monitors, tablets and mobile devices’ resolution may vary and we cannot guarantee that your monitor’s display of any colour will be completely accurate. 

In relation to varying sizes, cuts and shapes displayed via the images on the Site and featured on our models we cannot guarantee they will fit you exactly the same, as each individual body is different and treat each individual piece differently. 

Etoil Active reserves the right to amend errors or to update product information at any time without notice. In the event any information about a product is incorrect (e.g. size, quality, material, price etc). 

Etoil Active reserves the right to refuse or cancel any order placed for that incorrectly described item. In the event of such a refusal or cancellation of an order and your chosen payment method has been charged, Etoil Active shall issue a credit to that chosen payment method in the amount of the cancelled order.