Last updated on 20/01/2022
Evse Group Pty Ltd ABN 56 653 273 128
trading under the business name ‘EV Powerhouse’
TERMS AND CONDITIONS FOR BUYING PRODUCTS, SERVICES AND JUST BROWSING
Welcome to EV Powerhouse.
In these terms, we also refer to EV Powerhouse as “EV Powerhouse”, “our”, “we, or “us”.
And you are you!
What are these terms about?
These terms apply when you use this website, being https://evpowerhouse.com.au/ and any other websites we operate with the same domain name and a different extension (“Website”).
We sell electric vehicle chargers as well as cables, adapters and plugs and other accessories, as well as installation services for electric vehicle chargers performed by third party contractors. These terms also apply when you purchase products through this Website (“Products”) or services through this Website (“Services”).
If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here.
How do I read these terms?
We separated these terms into three parts, so they are easy to read and understand.
Those parts are:
Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase any Products or Services unless you have read and agree to these terms.
I’ve returned to your Website, do I need to read these terms again?
Once you place an Order, the terms accepted at the point of sale will apply to your purchase of those Products or Services. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase Products or Services. You can check the date at the top of this page to see when we last updated these terms.
1 SUBMITTING AN ORDER
a) By submitting an order for purchase of a Product or Service using the Website’s functionality (Order) you represent and warrant that:
b) Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Products and/or Services you have ordered in exchange for your payment of the total amount listed upon checkout.
c) Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed.
d) To the extent context permits, the terms “Products” and “Services” are interchangeable throughout this agreement.
2. Guest Checkout
3. Membership Portal
a) This clause 3 applies if you are eligible to access our Membership Portal, as notified by EV Powerhouse to you.
b) The features of the Membership Portal include:
c) You will be required to sign up for an account on the Membership Portal (Account).
d) To access the Membership Portal, you must log in to your Account prior to submitting an Order.
e) As part of the Account registration process, and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by us from time to time.
f) You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.
g) Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.
h) We may, in our absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these terms.
4. LICENCE
4.1 Licence – Use of Software
a) Our Products may be sold with an OCPP cloud management platform system developed by Nanjing Powercore Tech Co., Ltd (ChargeCore) (the Software). This clause 4.1 applies if your Order includes access to the Software.
b) Subject to the terms of this agreement and in consideration of payment of your Order, we grant to you a single, non-exclusive and non-transferrable licence to use the Software solely for the purpose of the Software set out in any manuals, help files or other documents supplied by us or ChargeCore (the Software Documentation) to you relating to the Software (the Software Purpose).
c) Except to the extent expressly contemplated by the Software Purpose, you acknowledge and agree that you must not:
4.2 Licence – Use of Application
a) Our Products may be sold with the ‘Teison Me’ mobile application developed by Yangzhou Teison New Energy Co., Ltd. (Teison) (the Application). This clause 4.2 applies if your Order includes access to the Application.
b) Subject to the terms of this agreement and in consideration of payment of your Order, we grant to you a single, non-exclusive and non-transferrable licence to use the Application solely for the purpose of the Application set out in any manuals, help files or other documents supplied by us or Teison (the Application Documentation) to you relating to the Application (the Application Purpose).
c) Except to the extent expressly contemplated by the Application Purpose, you acknowledge and agree that you must not:
4.3 Limitations of LicenceS
EV Powerhouse does not guarantee, and make no warranties, to the extent permitted by law, that:
4.4 Disclaimers
5 Shopping and PRODUCTS
5.1 Products
5.2 Gift Cards
5.3 Vouchers and discount codes
6. PAYMENT
a) All prices are:
b) (Payment obligations) Unless otherwise agreed in writing, you must pay for all Products and Services upfront, in the amounts set out in an Oder (Fees) at the time of placing an Order.
c) (GST) Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by EV Powerhouse, you must pay the GST subject to EV Powerhouse providing a tax invoice.
d) (Card surcharges) EV Powerhouse reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
e) (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payments for Products and Services, such as Stripe and Paypal. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
f) (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your Order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your Order at the correct price, or cancelling your Order. If you choose to cancel your Order and payment has already been debited, the full amount will be credited back to your original method of payment.
g) (Member discounts) Fees are subject to any member discounts you may be entitled to at the time your Order is submitted, in accordance with the terms of any applicable EV Powerhouse membership program.
7. AFTERPAY
8. DELIVERY AND SHIPPING
a) (Delivery Costs) Delivery costs will be added to the cart upon checkout. The prices displayed at checkout are inclusive of delivery to the address chosen by you.
b) (Delivery Details) EV Powerhouse may charge you for delivery at any time (notwithstanding that it may not have previously done so). Where prices are stated as inclusive of delivery:
c) (Estimated delivery times) Our current estimated delivery timeframes are set out in Part D to these terms, which are indicative only and are subject to change without notice.
d) (Delivery Issues) Third party courier terms apply to the delivery of the Products to you. Any problems with delivery should be directed to us to troubleshoot the issue. We will endeavour to assist you to ensure your delivery arrives. All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.
e) (International Orders) EV Powerhouse reserves the right to refuse international orders. Approved international orders may be subject to customs and import duties upon reaching its country of destination. You will be responsible for paying all customs and import duties and acknowledge that failure to pay may result in your order being held at customs. We will not be liable for any costs you may incur in having your order released from customs, including reimbursing you for any customs or import duties you may pay.
f) (Accepting delivery) You must provide us with all relevant delivery details when submitting an Order, including by providing the delivery address, details of the space in which the relevant Products are to be installed, details of any obstacles to such Products’ installation and any other details which we reasonably ought to be aware of in order to deliver and/or install the relevant Products (if installation is included with a Product or Service).
g) (Redelivery costs) You agree that you must pay reasonable redelivery costs (as reasonably specified by us and invoiced to you) if redelivery is necessary to complete delivery or installation of a Product, and if the original failed delivery or installation was caused or contributed to by you not providing us with sufficient details in accordance with clause 8(f)
h) (Installation) We may be able to assist you with installation of some Products, if specified in the Order. If we do, risk in the Products will not be affected and you continue to assume risk in the Product once delivered. You agree that it is your responsibility to supervise such installation and ensure that no damage is caused to your premises or personal property as part of the installation, and you release us from any such loss or damage arising out of our installation of the Products.
i) (Your obligations) If we provide Services under this clause 8, you acknowledge and agree:
I) you must:
II) in providing any installation services to you, we (and we will ensure that any Third Party Contractor) will take every reasonable precaution, however, to the maximum extent permitted under applicable law, including Australian Consumer Law, we will not be liable in respect of:
III) the following services are excluded from any installation services:
IV) to pay additional service fees for changes to such services requested by you which are outside the scope originally agreed;
V) to pay us for such services in the amounts and at the times specified in any relevant invoice issued to you by us; and
VI) any service that requires us to acquire goods or services supplied by a third party on your behalf may be subject to the terms & conditions of that third party (Third Party Terms). You agree to any Third Party Terms, and agree that we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
9. Click and Collect
a) We may allow you to select “Click and Collect” as an option on checkout and select:
b) If you select “Click and Collect”, you agree to collect the Products from the Collection Address during the Collection Timeframe on the Collection Date.
c) If you fail to collect the Products within this time, then unless you have made arrangements with us for late collection, we may cancel your Order and we may:
d) We may require you to verify your identity upon collection.
10 CHANGES TO YOUR ORDER
10.1 CANCELLATION BY US
We reserve the right to cancel your order for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.
10.2 CANCELLATION BY YOU
You may cancel your Order up to the time that we have approved your payment and you receive an email from us confirming that your order is being processed. Once we confirm your Order, your Order is binding and cannot be changed by you. However, our refunds and exchanges process in clause 10.3 may apply.
10.3 RETURNS AND EXCHANGES
a) We do not offer change of mind returns. However, if you are unhappy with your Product or if there are any problems with your Product, please contact us at info@evpowerhouse.com.au.
b) We will provide a full refund of the price paid for a Product or Service if we determine that:
c) (Faulty Products and Services) The following process applies to any Product or Service you believe to be faulty.
11. INTELLECTUAL PROPERTY
12. THIRD PARTY SUPPLIERS
a) We may do any of the following:
b) To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Order, or are negligent in providing services or goods.
13. ACCESS AND USE OF THE WEBSITE
You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.
14. YOUR OBLIGATIONS
You must not:
a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of EV Powerhouse;
b) use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products;
c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
e) use the Website with the assistance of any automated scripting tool or software;
f) act in a way that may diminish or adversely impact the reputation of EV Powerhouse, including by linking to the Website on any other website; and
g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
15. INFORMATION ON THE WEBSITE
a) While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
b) We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.
c) Our Website may contain reviews, testimonials or similar information about our Products. You acknowledge and agree that we do not (to the maximum extent permitted by law) warrant the accuracy of such information or guarantee that our Products will meet the standards of, or otherwise be compliance with, such reviews, testimonials or similar information.
16.INTELLECTUAL PROPERTY
17. THIRD PARTY TERMS AND CONDITIONS
18. LINKS TO OTHER WEBSITES
19. THIRD PARTY PLATFORM
20. SECURITY
EV Powerhouse does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
21. REPORTING MISUSE
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.
22. PRIVACY
You agree to be bound by our Privacy Policy, which can be found here: https://evpowerhouse.com.au/privacy-policy/
23. LIABILITY
a) To the maximum extent permitted by applicable law, EV Powerhouse limits all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these terms or any Products or Services provided by EV Powerhouse, is limited to (in aggregate of all claims):
c) Claims for loss of or damage to Products in transit must be made against the carrier.
d) Products sold by EV Powerhouse, will have only the benefit of any warranty given, and insurance held, by the manufacturer.
d) All other express or implied representations and warranties in relation to Products and the associated services performed by EV Powerhouse are, to the maximum extent permitted by applicable law, excluded.
e) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
f) (Indemnity) You indemnify EV Powerhouse and its employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives’:
g) (Consequential loss) To the maximum extent permitted by law, under no circumstances will EV Powerhouse be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these terms or any Products or Services provided by EV Powerhouse (except to the extent this liability cannot be excluded under the ACL).
24. GENERAL
24.1 GOVERNING LAW AND JURISDICTION
24.2 WAIVER
24.3 SEVERANCE
24.4 JOINT AND SEVERAL LIABILITY
24.5 ASSIGNMENT
24.6 COSTS
24.7 ENTIRE AGREEMENT
24.8 INTERPRETATION
25. NOTICES
a) A notice or other communication to a party under this agreement must be:
b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
1. Shipping Options and Shipping Times
Shipping Option
Shipping TimesPlease Note: The delivery times shown are from the date of order.
AUS Standard ShippingMetro areas
Delivered within 10 business days
AUS Standard ShippingNon-Metro areas
Delivered within 10 business days (subject to the information set out in the table in section 2 below)
AUS Express ShippingMetro areas
Delivered within 6 business days
AUS Express ShippingNon-Metro areas
Delivered within 6 business days (subject to the information set out in the table in section 2 below)
2. Shipping Times for Non-Metro areas.
Non-Metro areas
Standard Shipping TimePlease Note: The delivery times shown are from the date of order.
Express Shipping TimePlease Note: The delivery times shown are from the date of order.
Victoria Country
7-11 working days
6 working days
QLD Near Country
8-10 working days
QLD Far Country
QLD Far Northern
7-12 working days
6-7 working days
South Australia
6-8 working days
Western Australia
7-8 working days
Western Australia Far
9-12 working days
8-11 working days
Tasmania
Darwin
Alice Springs
6-9 working days
Northern Territories Other
8-12 working days
7-10 working days