Terms of service

OVERVIEW

This website is operated by Eva. Throughout the site, the terms “we”, “us” and “our” refer to Eva. Eva offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

 

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. 

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES 

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns Policy in Section 23 below.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy in Section 23.

International Transaction Fees
Some financial institutions may apply an international transaction or foreign currency processing fee to your payment. These charges are determined and applied by your bank or card issuer, not by us.

Depending on your provider, this fee typically ranges between 1.85% and 2.5% of the transaction value. As these charges are set by your financial institution and subject to their individual policies and processes, we are unable to confirm prior to purchase whether such a fee will apply.

If you are unsure, we recommend contacting your bank or card issuer directly for further information. All purchases are processed in NZD.

 

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

 

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

  

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Eva, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Eva and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 16 - TERMINATION 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Victoria, Australia.

 

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

  

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at hello@evahome.co.nz.

 

SECTION 21 - PROMOTIONS & PRODUCT DISCOUNTS

Promotions are subject to selected stock & availability. Free items cannot be returned for a refund or any monetary value. Free items cannot be exchanged for a different style, colour or size due to change of mind. Our “product warranty" (which includes our 14 day return policy) does not extend to free items or clearance stock. If you believe that you have received the incorrect free item, you must contact us within 48 hours to be eligible for a replacement free item. Replacement free items are also subject to selected stock & availability. By taking advantage of any Free Item Promotion you accept the above terms and conditions.

Unless stated otherwise, promotional codes, discounts or offers:
1. Cannot be used in conjunction with any other offer, including sale items, bundles, or promotional discounts.
2. Are only valid for full-priced items.
3. Cannot be applied during sale periods. Sale prices are final and cannot be further discounted.

 

A.  Eva Slideaway Sofa Bed competition with Homestyle

1. By entering the competition or promotion each entrant will be deemed to have accepted these terms and conditions and to have agreed to be bound by them.
2. Failure to supply all requested personal information at the time of submitting an entry might result on the entry being invalid.
3. No responsibility will be taken for incomplete entries.
4. Only one entry by completing the online entry form at homestyle.co.nz will be accepted per promotional entrant.
5. The competition is open from 9am September 9, 2024, to 11:59pm September 23, 2024
6. By entering the competition winners agree to their names being published anywhere across Homestyle’s and Eva’s owned media channels
7. The prize will comprise of Eva’s Slideaway Sofa Bed valued at NZ$2,916 (including GST) and the cost of delivery to Christchurch or Auckland city.
8. The prizes are not transferable or exchangeable, and cannot be redeemed for cash.
9. All prizes are subject to standard terms and conditions of the company supplying the prizes.
10. Homestyle is not liable for any product, manufacturing, installation or other issues.
11. Only entries received by the closing date specified in will be accepted.
12. The winner will be drawn on at random by Homestyle magazine on 25/09/2024
13. The winner will be notified by email and/or phone.
14. If the prize winner cannot be contacted within 7 days, that winner will forfeit the prize with no right of compensation and the prize will be redrawn.
15. Subject to any applicable law which cannot be excluded, The Pluto Group Limited and their employees are not responsible for any loss or damage whatsoever that is suffered (including but not limited to indirect or consequential loss) or for personal injury suffered or sustained during the course of accepting or using the prizes.
16. Entry is open to New Zealand residents only and the prize will only be shipped to a New Zealand address in the cities of Christchurch and Auckland. Employees of The Pluto Group Limited, Eva Sleep Pty Limited or their associated advertising or media agencies are not eligible to enter these promotions.

 

 

D. Eva Timber Bed Frame Giveaway Promotion
The Competition is subject to the following terms and conditions:

Definitions   
The following defined terms have the meaning given to that term:
Applicant/s means a person that enters the Competition.
Close Date means 31st May 2025
Competition means Eva Timber Bed Frame Giveaway Promotion
Competition Period has the meaning given to that term in clause 2(d).
Entry has the meaning given to that term in clause 2(c).
Open Date means 19th May 2025
 
Privacy Laws means the Privacy Act 1988 (Cth) and Privacy and Data Protection Act 2014 (Vic) and any applicable regulations.
 
Prize has the meaning given to that term in clause 4(b).Prize Date means 2nd June 2025
 
Promoter, we, us, our has the meaning given to that term in clause 2(a).
 
Participating in the Competition  
 (a)  The Competition is promoted and run by the Eva Sleep Pty Ltd ABN 49 617 062 414 located at 61 Weston Street, Brunswick, Victoria 3056 (Promoter, we, us, our).
 (b)  By entering and participating in the Competition, you agree to be bound by these Terms and Conditions.
 (c)  To enter into the Competition, you must leave enter your email & contact details on the Giveaway Landing page hosted by www.evahome.co.nz, and undertake the relevant activity by the Entry Date (Entry).  
(d)  The Competition opens on the Open Date and completes on the Close Date (Competition Period). You must submit your Entry into the Competition during the Competition Period to be eligible.
(e)  You are, and at all times remain, responsible for any and all expenses or other costs that you may incur by entering into or winning the Competition and agree and acknowledge that you will not be reimbursed whether or not you win the Competition.
Who is eligible to enter the Competition
(a)  Entries are open to all members of the public who reside in the country of Australia & New Zealand. If the Applicant is under the age of 18, the Applicant’s parent or guardian must consent to the Applicant entering the Competition.
 
(b)  Employees of the Promoter and any agencies associated with this competition (Eva) are not eligible to enter the Competition.
 
(c)  Any Applicant who, in the opinion of the Promoter, tampers or interferes with the application process in any way, or who does not properly comply with the application process will be ineligible to enter the Competition.
 
(d)  The Promoter reserves the right to exercise its absolute discretion in excluding entries that it considers to be contrary to the law.
 
Winner selection & prize
(a)  The winner/s will be selected by the Promoter on the Prize Date. The Promoter reserves the right to select the winner at its absolute discretion.  
(b)  The Winner/s will be entitled to the prize as set out in the Competition promotion materials or as otherwise advised by the Promoter (Prize). The Prize is non-transferable, non-exchangeable and not redeemable for cash, and do not qualify for Eva’s return trial or warranty. The Promoter reserves the right to substitute the Prize for another of equal value if the prize is unavailable or unable to be supplied. Delivery exclusions apply as per our existing delivery areas in Australia. Prizes will only be shipped to a New Zealand address in the cities of Christchurch, Auckland and Wellington..
(c) The $500 gift voucher by Bremworth & DesignStuff are in Australian Dollars, and New Zealand winners will be given the equivalence of the value in New Zealand Dollars. 
(d)  The Promoter will notify the winner by email or phone that they have been selected as soon as possible after the Prize Date. The winner has 7 days to confirm their acceptance of the Prize in writing, if the winner fails to confirm their acceptance a new winner will be selected by the Promoter, in its absolute discretion.(d) The Promoter accepts no responsibility for any tax liabilities that may arise from an   Applicant receiving the Prize.

Publishing, Intellectual Property and Privacy
(a) By participating in the Competition, the Applicant agrees to the Promoter publishing the outcome of the Competition (including the names of the winner/s) and taking and publishing photos, recordings or otherwise of any Entries and / or the Applicants on its social media, website and/or other media at any time.

(b) The Promoter will at all times holds the title in and ownership of the intellectual property rights in the Entries and any photos, recordings or otherwise of the Entries and / or Applicants for the purposes of promoting the Competition, the Promoter, to use for future promotional purposes or any other purposes. To the extent the Promoter does not own the intellectual property rights in the Entries and any photos, recordings or otherwise of the Entries or Applicants, the Applicant agrees to provide the Promoter a non-revokable, perpetual, royalty-free licence to use or publish the Entries and any photos, recordings or otherwise of any Entries and / or Applicants.

(c) By participating in the Competition, the Applicant agrees to the Promoter collecting certain personal information about the Applicant (including their name, date of birth and address). All personal information collected as part of the Competition will be handled in accordance with the Privacy Laws and the Promoter’s Privacy Policy which can be viewed at https://evahome.co,nz/pages/privacy-policy.
 
General

(a) To the extent permitted by law, the Promoter shall not be liable for any loss or damage whatsoever (including but not limited to direct, indirect, special or consequential loss or damage, loss revenue or profit) or personal injury suffered or sustained in connection with the Competition or accepting the Prize.

(b) If, for any reason whatsoever, the Competition is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failure or any other cause beyond the control of the Promoter, the Promoter reserves its right in its sole discretion to take any action that may be available, subject to State and Territory regulations, including postponing, changing or cancelling the Competition.

(c) The Competition is governed by the laws and jurisdiction of the State of Victoria.
 
Contact us

If you have any queries in relation to any of the above terms and conditions, please contact us via email at hello@evahome.co.nz.

 

E. Win a Timber Bed Frame

1. Promoter
The promoter is Eva (Eva Home Pty Ltd), operating in New Zealand via https://evahome.co.nz/

2. Eligibility
The promotion is open to New Zealand residents aged 18 years and over. Employees of Eva and their immediate families are not eligible to enter.

3. Promotional Period
The promotion opens at 12:00am NZDT on 7 January and closes at 11:59pm NZDT on 7 February. Entries received outside this period will not be eligible.

4. How to Enter
To enter the competition, participants must sign up to Eva’s marketing database via the designated sign-up form on the Eva New Zealand website during the promotional period. Limit of one entry per person.

5. Prize
One (1) winner will receive an Eva Timber Bed Frame valued at $1,950 NZD RRP.
The prize includes delivery within New Zealand. Assembly and accessories are not included unless otherwise stated.

6. Winner Selection & Notification
The winner will be selected at random from all eligible entries and contacted via the email address used to sign up. If the winner does not respond within 7 days, Eva reserves the right to redraw the prize.

7. Prize Conditions
The prize is not transferable, exchangeable, or redeemable for cash or store credit. No substitutions will be offered.

8. Marketing Consent
By entering, participants consent to receiving marketing communications from Eva. You may unsubscribe at any time using the link provided in Eva emails.

9. General
Eva reserves the right to verify entries and to withdraw, amend, or cancel the promotion if required, in accordance with New Zealand consumer law.

10. Privacy
Personal information collected will be handled in accordance with Eva’s Privacy Policy.

 

SECTION 22 - TEXT MARKETING AND NOTIFICATIONS

By entering your phone number in the checkout and initialising a purchase, subscribing via our subscription form or a keyword, you agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. Text marketing messages will not exceed 10 a month. You acknowledge that consent is not a condition for any purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests will not be accounted as a reasonable means of opting out. Message and data rates may apply.

For any questions please text HELP to the number you received the messages from. You can also contact us for more information. If you wish to opt out please follow the procedures above.

 

SECTION 23 - RETURNS 

A. CHANGE OF MIND POLICY

If you are not satisfied with your Eva product you are eligible for a "Change of Mind" return if you contact us within 14 days of receiving your product, subject to the terms and conditions below. 

As part of the returns process, we may also provide you recommendations to improve your experience with the product - we request that you consider these recommendations in the interest of giving the product its best shot of working for you.

We only accept returned products that are in as-new condition. If your product is damaged or stained (and not covered by warranty), you will be ineligible for a return. This means ensuring you have all the original pieces and that the fabric or timber is not damaged in any way. Your refund will be subject to an inspection when it returns to our warehouse.

Original packaging must be kept for all products. If the packaging is not kept, you'll need to source packaging in order for the goods to be returned to our nearest Auckland warehouse. Products must be used for their intended use, damage caused by misuse will result in voiding the change of mind return. 

If there are pieces that are missing, you will only be eligible for a partial refund for up to 60%, pending return of all pieces. Eva will not be liable for the costs incurred in returning the remaining pieces.

 

B. OUR RETURNS PROCESS

We require all customers to complete a product returns survey prior to processing their return. This helps us to continue to improve our products so we can continue our mission to reduce our return rates and become as environmentally sustainable as possible as a business. We want to make products that our customers love and keep forever - so we’re grateful for your support on this.

We will send you the returns survey process within 12 hours of you requesting a return. When we or our charity partners have received the product in ‘as new’ condition as per Section 24A, we will process a full refund. 

You are required to keep your product packaging. If you do not, we will request you to source your own cartons. We recommend cartons from other products you’ve bought recently that fit our products and can protect them adequately.

 

C. TRANSPORTING YOUR PRODUCT BACK TO US

For Auckland & Christchurch customers, we will arrange for your Eva product to be sent back to us free of charge. After you complete our returns survey, we will arrange to pick up the product from your address

If we schedule a pick up of your returned product, it is your responsibility to ensure the product is available for collection. This means that you will need to ensure that the product is in ‘as new’ condition, disassembled and ready for collection. If the product cannot be collected, the customer will not be eligible for a refund.

If the packaging is not kept, you'll need to source packaging in order for the goods to be returned to our nearest Auckland warehouse. Eva will not cover the cost of return for products without their original packaging. 

Should a collection be arranged as part of a return, and the item(s) are not made available for collection at the agreed time, a fee of $50 will be deducted from your refund once the return is completed.

 

Out of Zone & Customer Transfer Deliveries

From time to time, we may agree to deliver our products to you if you are outside our regular delivery zone ("Out of Zone Delivery") and our delivery partner is able to assist with this request. In this instance, if you return the product you will be required to pay a restocking fee which is the greater of (1) the delivery fee paid; or (2) 10% of the purchase price of the order. This is at the discretion of Eva.

By purchasing with us you agree for restocking fees to be deducted from the refunded purchase amount.

Alternatively, if you arrange for your order to be delivered to an address within our delivery zone, and then transfer your order to another location outside of our delivery area at your own cost ("Customer Transfer Delivery"), if you return the product, you will be required to transport the product back to the original delivery address within our delivery zone at your own cost.

Out of Zone Delivery & Customer Transfer Delivery customers are reminded that all other terms and conditions in Section 23 (Returns) also apply in their instance, and we are grateful for their co-operation. For example, all product packaging must be kept, and the product must be in "as new" condition.

 

D.  PROCESSING YOUR REFUND

We will refund you after we have received the product back at one of our warehouses or associated charities and if it has met the outlined criteria, minus the delivery fee charged.

The refund will be placed on the card or account that you used to purchase. Should you request a refund via alternative methods (such as a bank transfer to a different account) Eva may request proof that your original payment method is no longer available.

If you purchased via interest-free finance extra charges may apply by your finance provider. 

To be eligible for a return or refund, you must be a full paying customer and provide proof of purchase to complete the return.

 

SECTION 24 - DELIVERY

A. DELIVERY TERMS

If you are not able to accept delivery you must advise Eva before a delivery is attempted at hello@evahome.co.nz.

Any failed delivery attempts made by a courier on our delivery schedule will be recharged to the purchaser at full price.

We will make reasonable attempts to contact you before delivery to ensure you are able to accept the product.

 

B. NEXT DAY DELIVERY

Next day metro delivery is only available on in-stock items ordered before 12pm on a weekday to certain areas in the Auckland region, where delivery is next working day. Your inclusion in a delivery area will be determined when you enter your delivery postcode. Please refer to our delivery page for more information on these areas.

 

 

SECTION 25 - WARRANTY

Product	Warranty Period	Cover Info
Slideaway Sofa Bed	5, 5 & 2 years	View Here
Timber Bed Frame	5 years	View Here
Slideaway Side Table	2 years	View Here

A. WARRANTY OF SLIDEAWAY SOFA BED

Eva provides the following warranties on the Slideaway Sofa Bed purchased online from www.evahome.co.nz:

• Frame structure: 5 Year Limited Warranty
• Fabric: 5 Year Limited Warranty
• Soft furnishings (such as foam, cushion fillings, fabric covers, stitching, etc.): 2 Year Limited Warranty
• Other components (such as zips, springs, suspension, legs, etc.): 2 Year Limited Warranty

This warranty covers the original purchaser with respect to a sofa bed that has at all times been used for normal domestic use and treated in accordance with the Slideaway Sofa Bed FAQ and care instructions. 

This warranty covers:

• Defects due to faulty workmanship or materials, subject to the limitations described in this warranty. 
• Severe cracks, breaks and faults that impact the sofa bed’s functionality or safety.

This warranty does not cover:

• Variations in exact wood colour and grain.
• Variations in exact fabric colours.
• Damages caused by physical abuse, negligence, improper installation or misuse.
• Damage caused by institutional or commercial use.
• Damage caused by alterations, modifications or tampering of the product, or where the product is used in a manner not fit for its intended purposes. 
• Damage, such as mould, caused by a lack of ventilation and excess humidity in the environment that the product has been stored in by the customer
• Replacement of any non-defective pieces of the sofa (for example, if one component of the sofa is defective, then we will replace the defective component only).
• Normal signs of wear and tear, for example, minor scuffing or fading over time or the softening of foam and fillings to form the shape of the user over time.
• Eva will not accept exchanges for another size when the bundle deal is purchased. Evidence of a Defect and any claims must be sent to hello@evahome.co.nz. In the event of a Defect, Eva's sole and exclusive liability and your sole remedy under this Warranty will be, at Eva’s option, to provide a replacement sofa.
  
• We recommend thoroughly cleaning the floor where your Slideaway Sofa Bed will sit before you begin to assemble to ensure no debris gets trapped under the sliding legs. Any scratches or damage to flooring caused by any trapped debris scratches will not be covered by Eva’s warranty.

 

B. WARRANTY OF TIMBER BED FRAME

Eva provides a 5 year warranty on Eva Timber Bed Frames purchased online from www.evahome.co.nz.This warranty covers the original purchaser with respect to a bed frame that has at all times been used for normal domestic use and treated in accordance with our the Eva Timber Bed Frame FAQ and care instructions. This warranty covers:

• Defects due to faulty workmanship or materials, subject to the limitations described in this warranty.
• Severe cracks, breaks and faults that impact the bed frames functionality or safety.

This warranty does not cover:

• Variations in exact wood colour and grain.
• Damages caused by physical abuse, negligence, improper installation or misuse.
• Damage caused by institutional or commercial use.
• Damage caused by alterations, modifications or tampering of the product or where the product is used in a manner not fit for its intended purposes.
• Damage, such as mould, caused by a lack of ventilation and excess humidity in the environment where the product is stored by the customer.
• Replacement of any non-defective pieces of the bed frame (for example, if only one component of the bed frame is defective, then we will replace the defective component only).
• Normal signs of wear and tear, for example, minor scuffing or fading over time.
• Eva will not accept exchanges for another size when the bundle deal is purchased.

 

C. WARRANTY OF SLIDEAWAY SIDE TABLE

Eva provides the following warranties on the Slideaway Side Table purchased directly from Eva Sleep Pty Ltd:

Structural warranty: 2 Year Limited Warranty

This warranty covers the original purchaser with respect to the Slideaway Side Table has at all times been used for normal domestic use and treated in accordance with the Slideaway Side Table FAQ and care instructions.
This warranty covers:

• Defects due to faulty workmanship or materials, subject to the limitations described in this warranty.
• Severe cracks, breaks and faults that impact the sofa bed’s or Slideaway Side Table’s functionality or safety.

This warranty does not cover:

• Variations in exact wood colour and grain.
• Damages caused by physical abuse, negligence, improper installation or misuse.
• Damage caused by institutional or commercial use.
• Damage caused by alterations, modifications or tampering of the product, or where the product is used in a manner not fit for its intended purposes.
• Damage, such as mould, caused by a lack of ventilation and excess humidity in the environment that the product has been stored in by the customer.
• Normal signs of wear and tear, for example, minor scuffing/chips/scratches.
• Evidence of a defect and any claims must be sent to hello@eva.com.au.

In the event of a defect, Eva's sole and exclusive liability and your sole remedy under this warranty will be, at Eva’s option, to provide a replacement Slideaway Side Table.

 

What should you do?

In the event of a Defect and in order to get the benefit of this limited warranty, you must provide evidence of the Defect and send any claims to hello@evahome.co.nz. Regarding sheets, you must return this to Eva and provide Eva with proof of the original date of purchase. Should shipping costs be required to return your Eva product, you may be responsible for those costs. In the event of a Defect, Eva will replacement the product (if applicable) to you.

 

What will Eva do?

Eva reserves the right to repair or replace your product. Eva also reserves the right to offer you a refund or similar replacement if your item has been discontinued. Any repair or replacement will not extend the original period of limited warranty, nor will it constitute the beginning of a new limited warranty period.

 

SECTION 26 - PRODUCT CLEARANCES AND UPDATES

A. CLEARANCE ITEMS

Trial periods are not eligible for clearance stock. All clearance stock sales are final. Clearance sales will be clearly marked on the product page. If you are unsure of whether a product is clearance stock, please reach out to our customer support team. While change of mind returns are not available for clearance stock, we offer a warranty with all products, and your rights under the New Zealand Consumer Law apply to the sale of clearance stock.

B. PRODUCT UPDATES

As part of continuous improvements to our product, we may change our products from time to time. This includes changes to materials and specifications.

All warranty claims or replacement parts for discontinued versions will be provided or honoured with the updated versions of the same or similar product.

SECTION 27 - GIFT CARDS

• Gift cards purchases are final and not refundable
• Eva gift cards are only redeemable at evahome.co.nz and are not redeemable for cash.
• Eva will not give change for any balance that remains on the Card. Any such balance can only be used in whole or part against future purchases at evahome.co.nz
• The Card is valid three calendar year after the date the participating store issued the Card.
• It is up to the cardholder to use the full value of the card before the expiry date. Any unused balance will not be refunded or credited when the Card expires.
• Where the cost of the purchases exceeds the available card balance, the cardholder will be required to make up the difference between the purchase price and the card balance.
• The Card will not be replaced if lost, stolen or damaged.
• All purchases made using a card are subject to Eva's other general terms and conditions.
• Should Eva suspect any fraud relating to an evahome.co.nz Gift Card, Eva may refuse to redeem the card until it is satisfied that no fraud has occurred.

The dollar value denoted on each Eva Gift Card is denominated in New Zealand Dollars and includes GST.

  

SECTION 28 - RETAIL PARTNERSHIPS

From time to time Eva may work with retail channel partners to sell our products. Where customers purchase Eva products through retail partners, these purchases are governed by the terms and conditions of sales of our retail partners, not the terms of and conditions of Eva’s website. Any queries regarding these terms and conditions should initially be directed towards our retail partners. Where there is a disagreement, Eva will do its best to facilitate a positive outcome for both the customer and retail partner.