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 (if applicable)

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 Return Policy.

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 24.


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.

  

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@eva.com.au.


SECTION 21 - FREE ITEM PROMOTIONS & PRODUCT DISCOUNTS

Free item 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 100 day trial) 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 or discounts can not be used in conjunction with any other offer or when purchasing bundles and are valid for full-priced items only. 

A. Black Friday Promotion 2023: $200 Eva Gift Card with Slideaway Sofa Bed Purchase (November 6 - Dec 4 2023)

All purchases of the Slideaway Sofa Bed made between 6th November to 4th December 2023 are eligible for an Eva gift card to the value of $200. It cannot be used with any other promotion or for commercial purposes. Gift cards will be sent after 4th December 2023. Limitations:

  1. This promotion cannot be retroactively applied to previous purchases of the sofa bed.
  2. The $200 Eva gift card is void if the customer cancels or returns their Slideaway Sofa Bed order. If a customer has already used the $200 Eva gift card, $200 will be deducted from their refund balance when the order is cancelled or returned.
  3. The gift card is not eligible to be used on sofa beds. For instance, a customer cannot use their $200 Eva gift card to purchase another sofa bed if they intend to return or cancel their previous order. 

Usual gift card policy applies (refer to section 28). 

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 - PREMIUM ADAPT MATTRESS SUPPORT LAYER CHANGES

Eva provides customers the opportunity to change the firmness of their Premium Adapt support layer free of charge until they find the right firmness level.

The terms of this service include:

  • The number of support layers customers can receive are limited by the number of different firmness support layers Eva is stocking. At present, we stock 2 different firmness layers in addition to the layers that come out of the box, which means that the maximum number of ‘changes’ the customer will be able to receive is 2.
  • Customers that are not satisfied with the firmness level of the mattress are entitled to a free support layer 30 days after the mattress has been delivered to them or 30 days after the previous support layer has been delivered to them
  • Each support layer sent to the customer must be different from the one(s) the customer has received from Eva before
  • Customers that bought a Premium Adapt Mattress with a full size support layer are  only entitled to free full size support layers, they are not entitled to receive half size support layers free of charge (these can be purchased separately at an additional charge)
  • Customers who have purchased a Premium Adapt Mattress with a half/half size support layer configuration are only entitled to free half size support layers, they are not entitled to receive full size support layers free of charge (these can be bought at additional charge)
  • Receiving a new support layer does not extend the customer’s trial, and continues from the moment the Premium Adapt Mattress has been delivered to the customer

SECTION 24 - RETURNS UNDER THE 100 DAY TRIAL

A. ELIGIBILITY

Depending on the product and date of purchase, within 100 days of receiving your Eva product if you are not satisfied with your Eva product you are eligible for a full return subject to the terms and conditions below. See below for eligible products.

To be eligible for a return under our 100 day trial you must be a paying customer, with proof of purchase that you have purchased a new product from us or one of our approved retailers and must have used it for residential purposes. You are required to have lived with your Eva product for 30 days before you can initiate the return. Sometimes our products take time to adjust so this is why we ask you to trial our products for at least 30 days. If you have purchased our products for trade reasons, you are entitled to redeeming the 100 day trial for your first purchase only. Subsequent purchases of the same product type under the same trading account do not qualify for the 100 day trial.

Accessory items, including additional fabric covers or mattress foam inserts have a 30 day return policy. 

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.

You are only eligible for a return under our 100 day trial if your Eva product is kept in good condition to be considered as ‘as new’. This includes no rips, tears, marks, dents or missing pieces (including hand screws and washers). Original packaging must be kept for all products. Products must be used for their intended use, damage caused by misuse will result in voiding the 100 day trial. 

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.

All Eva products are eligible for our 100 day trial, excluding clearance stock.

Please note, the 100 day trials are limited to one product type per household, and can only apply once when purchasing several sizes of the same product.

For example, if you buy a king and a queen bed frame, these are considered the same product type, and only one of these products qualify for the trial. Alternatively, if you buy a bed frame of any size and a sofa, the trial applies to both products as they are different product types. Eva will not accept returns if furniture has been damaged or is returned with missing pieces.

At Eva's discretion, Eva may make an exception to the above, for purchases of an Eva Bundle in which there are two products of the same kind. This exception may be applied if the products are proven to be in 'as new' quality without damage or fault. Proof of condition via photos may be requested by Eva. 

Clearance stock is not eligible for our 100 day trial. See Section 27A for further details.

As usual, a fair go policy applies. If you are a residential customer, our services are for your personal use only. You may not use the trial in a manner which is 'unreasonable' or 'unacceptable'.

B. OUR RETURNS PROCESS

To help us understand how to improve your experience, we require all customers to complete a product returns survey prior to processing your 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.

Please note, if your returned mattress is rejected by the charity it’s donated to due to any rips, stains or damage, Eva will be required to recycle the mattress responsibly and a $100 disposal fee will be debited from your refund.

C. TRANSPORTING YOUR PRODUCT BACK TO US

For metro customers, we will arrange for your Eva product to be sent back to us free of charge. For regional and return customers, see our additional terms below. The method of transport will differ and depend on the type, and will be decided at Eva’s discretion. See indicative transport method and time frames for Metro customers:

Product

Metro return method

Additional information

Comfort Classic Mattress and Premium Adapt Mattress

Pick up by our logistics partner

After you complete our returns survey, we will arrange to pick up the product from your address

Timber Bed Frame

Pick up by our logistics partner

After you complete our returns survey, we will arrange to pick up the product from your address

Eva Pillow

Australia Post

To complete your return, we require you to post the parcel at the nearest post office with the return label clearly attached (which will be provided to you during the return process).

You have 14 days from receipt of your return label to post the parcel at your nearest post office. If we have not received the parcel back within these 14 days, your return request will be deemed closed. You can reopen your return request at any time within 100 days of purchase. Upon confirmation of the parcel at the fore-mentioned address, Eva will conduct a check before your total payment to Eva will be refunded.

Hemp Linen Sheets

Australia Post

To complete your return, we require you to post the parcel at the nearest post office with the return label clearly attached (which will be provided to you during the return process).

You have 14 days from receipt of your return label to post the parcel at your nearest post office. If we have not received the parcel back within these 14 days, your return request will be deemed closed. You can reopen your return request at any time within 100 days of purchase. Upon confirmation of the parcel at the fore-mentioned address, Eva will conduct a check before your total payment to Eva will be refunded.

All Day Sofa

Pick up by our logistics partner

After you complete our returns survey, we will arrange to pick up the product from your address

Hideaway Table

Pick up by our logistics partner

After you complete our returns survey, we will arrange to pick up the product from your address

Everyday Sofa

Pick up by our logistics partner

After you complete our returns survey, we will arrange to pick up the product from your address

Slideaway Sofa Bed Pick up by our logistics partner 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.

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.

D. REFUNDS FOR REGIONAL & RURAL CUSTOMERS

Regional and rural customers are eligible for a refund under our 100 day trial. However, regional customers (those outside of metro regions in VIC, NSW, QLD, SA & WA) who wish to return their product are responsible for drop-off at our nearest Eva state warehouse before a refund can be initiated. The product must be in 'as new' condition, disassembled and in its original packaging as per Section 24.A. Please note, if you paid an additional delivery fee when you bought your product, this will not be included in your refund. This is a non-refundable fee to transport the product to you, and therefore is not covered under our return refund policy.

E.  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. 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 supplier. 

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

F. ELIGIBILITY PERIOD

All Eva products purchased prior to 2nd May 2022 9 AM AEST are eligible for the 120 day trial. Returns of Eva products purchased prior to this date and time due to potential manufacturing defects will be processed as usual and may be approved at Eva’s sole discretion.

All Eva products purchased between 2nd May 2022 9AM AEST and 5 May 2023 1:30PM AEST are eligible for the 365 day trial.

All Eva products purchased after 5 May 2023 1:30PM AEST are eligible for the 100 day trial, excluding our Comfort Classic Mattress and Premium Adapt Mattress, which were still eligible for the 365 day trial. See below for further details.

All Comfort Classic Mattresses purchased between 2nd May 2022 9 AM AEST, and 11 August 2023 4PM AEST are eligible for the 365 day trial. Any Comfort Classic purchased after 11 August 2023 4PM AEST is now eligible for the 100 night trial.

All Premium Adapt Mattresses purchased prior to 9th February 2024 9AM AEDT are eligible for the 365 day trial. Any Premium Adapt purchased after 9th February 2024 9AM AEDT is now eligible for the 100 day trial.

SECTION 25 - DELIVERY

A. DELIVERY TERMS
If you are not able to accept delivery you must advise Eva before a delivery is attempted at hello@eva.com.au.

Any and all 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.

We aim to deliver for free to all our customers, however most regional areas of Australia will incur a delivery fee.

B. FREE NEXT DAY METRO DELIVERY

Free, next day metro delivery is only available on in-stock items ordered before 4pm on a weekday, where delivery is next working day. Your inclusion in a metro delivery area will be determined when you enter your delivery postcode. 

SECTION 26 - WARRANTY

Product

Warranty Period

Cover Info
Comfort Classic Mattress and Premium Adapt Mattress 10 years

View Here
Eva Timber Bed Frame 5 years View Here
Eva Pillow 2 years View Here
Bedding Sets 1 year View Here
Hideaway Table  3 years View Here
All Day Sofa 10, 5 & 2 years View Here
Everyday Sofa 5, 2 & 2 years View Here
Kin Dining Table & Chair 2 years View Here
Slideaway Sofa Bed 5, 5 & 2 years View Here



A. WARRANTY OF MATTRESSES

Eva provides a 10-year warranty on our Comfort Classic Mattress (formerly Eva Mattress) and Premium Adapt Mattress (formerly Eva Mattress Plus) purchased online from www.eva.com.au. This warranty covers the original purchaser with respect to a mattress that has at all times been used for normal domestic use and treated in accordance with our FAQ and care instructions. 

Please note: The Comfort Classic Mattress and Premium Adapt Mattress are recommended for use on flat, solid surfaces. Flexi slats, sprung slats, or adjustable bed frames will not adequately support the mattress and are considered incorrect bed frame use. For slatted frames, ensure the slats are no more than 8cm apart. The warranty is void in the case of incorrect bed frame use. 

This warranty covers:

  • Body impressions or visible indentation or sag in the mattress surface, while no weight is applied of greater than 3.5 cm.
  • The fully uncompressed mattress is shorter than the Australian standard in any one direction by more than 5cm when measured from tape to tape. 
  • The mattress fails to inflate to its full size after 60 days of regular use.

This warranty does not cover:

  • Minor imperfections that do not affect the performance of the bed. These include slight variations in size and colour.
  • Incorrect bed frame use.
  • Odour. Some materials have a natural odour.
  • Damage caused by the incorrect opening of the mattress or failing to follow delivery and unpacking instructions.
  • Damage caused by abusive handling, tampering, misuse or failure to use the mattress with the proper foundation or frame, including an adjustable bed frame, that has support, including centre support.
  • Use for commercial, rental or other business purposes (including but not limited to hotel use, Airbnb etc.). In such cases, the warranty period is 12 months.
  • Standard softening of the mattress after extensive use. Mattresses have a break-in period where they will conform to your body's natural contours and weight, essentially tailoring itself to you. Up to 3.5cm is perfectly normal and the mattress is only deemed faulty if a permanent indent is apparent over 3.5cm when no weight is applied.
  • Normal wear and tear that occurs over time (for example, small loose stitching/threads that do not have a material impact to the use of the product). 

Evidence of a Defect and any claims must be sent to hello@eva.com.au.


B. WARRANTY OF BEDDING SETS

Eva provides a 1-year warranty on sheets, duvet and pillow cases purchased from www.eva.com.au

This warranty covers:

  •   Any physical flaw in the fabric material that causes the fabric to split or tear in half
  •    Any manufacturing defect in the duvet cover such as fabric tearing.

This warranty does not cover:

  •    Normal wear and tear as a result of washing and intended use.
  •    Any damages caused by improper washing
  •    Comfort preference
  •    Physical abuse or damage to the sheets, including but not limited to, burns, cuts, tears, liquid damage, or stains; provided that the defect is caused by such abuse or damage.
  •    Damage caused by commercial use, such as in a hotel or store.
  •    Minor imperfections and slight cosmetic flaws
  •    Normal wear and tear that occurs over time
  •    Pilling and abrasion caused by rubbing and washing

Evidence of a Defect and any claims must be sent to hello@eva.com.au. 

C. WARRANTY OF TIMBER BED FRAME

Eva provides a 5 -year warranty on Eva Timber Bed Frames purchased online from www.eva.com.au.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 which 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.

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 bed frame.


D. WARRANTY OF PILLOW

Eva provides a 2-year warranty on pillows purchased online from www.eva.com.au.

This warranty covers:

  • Any manufacturer defect which affects the use or function of the Eva Pillow.
  • Any manufacturing defect in the zipper assembly or the fabric of the pillow cover (which will entitle you to a replacement cover).

This warranty does not cover:

  •    Normal wear and tear as a result of washing and intended use.
  •    Any damages caused by improper washing
  •    Comfort preference
  •    Physical abuse or damage to the pillow, including but not limited to, burns, cuts, tears, liquid damage, or stains; provided that the defect is caused by such abuse or damage.
  •    Damage caused by commercial use, such as in a hotel or store.
  •    Minor imperfections and slight cosmetic flaws, including minor discolouring. 
  •    Normal wear and tear that occurs over time.
  •    Pilling and abrasion caused by rubbing and washing.

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 pillow Warranty will be to provide, at the discretion of Eva a replacement pillow or pillow cover. 


E. WARRANTY OF HIDEAWAY TABLE

Eva provides a 3-year warranty on the Hideaway Table (square, long, side) purchased online from www.eva.com.au. This warranty covers the original purchaser with respect to a table that has at all times been used for normal domestic use and treated in accordance with the Hideaway 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 tables functionality or safety.

This warranty does not cover:

  • Variations in exact wood colour and grain.
  • Damage caused by liquid, heat, 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. 
  • Replacement of any non-defective pieces of the table (for example, if one component of the table 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. 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 table.

F. WARRANTY OF KIN DINING TABLE AND CHAIR

Eva provides a 2-year warranty on the Kin dining table (4-seater and 6-seater) purchased online from www.eva.com.au. This warranty covers the original purchaser with respect to a table and dining chair that has at all times been used for normal domestic use and treated in accordance with the Kin dining table & chair 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 table’s functionality or safety.

This warranty does not cover:

  • Variations in exact wood colour and grain.
  • Damage caused by liquid, heat, 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. 
  • Replacement of any non-defective pieces of the table (for example, if one component of the table is defective, then we will replace the defective component only).
  • Variations in exact fabric colours on the dining chairs
  • Normal signs of wear and tear, for example, minor scuffing or fading over time, or, for the Kin dining chairs, the softening of foam and fillings to form the shape of the user over time

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 table and/or chair.

G. WARRANTY OF ALL DAY SOFA

Eva provides the following warranties on Eva Sofas purchased online from www.eva.com.au:

  • Frame structure: 5 Year Limited Warranty
  • Fabric: 10 Year Limited Warranty (version 1 of the product - sold up until 14 February 2022), 5 Year Limited Warranty (version 2 of the product - sold from 15 February  2022 onward)
  • Soft furnishings such as foam, cushion fillings, fabric covers, stitching: 2 Year Limited Warranty
  • Other components such as: zips, springs, suspension, legs: 2 Year Limited Warranty

This warranty covers the original purchaser with respect to a sofa that has at all times been used for normal domestic use and treated in accordance with the Eva All Day Sofa 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 sofas 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. 
  • 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@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 sofa. 

 

H. WARRANTY OF EVERYDAY SOFA

Eva provides the following warranties on the Everyday Sofa purchased online from www.eva.com.au:

  • Frame structure: 5 Year Limited Warranty
  • Fabric: 2 Year Limited Warranty for both the Classic Weave & the Bouclé Fabric
  • Soft furnishings such as foam, cushion fillings, fabric covers, stitching: 2 Year Limited Warranty
  • Other components such as: zips, springs, suspension, legs: 2 Year Limited Warranty

This warranty covers the original purchaser with respect to a sofa that has at all times been used for normal domestic use and treated in accordance with the Everyday Sofa 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 sofas 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. 
  • 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@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 sofa.
I. WARRANTY OF SLIDEAWAY SOFA BED

Eva provides the following warranties on the Slideaway Sofa Bed purchased online from www.eva.com.au:

  • 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@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 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.

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@eva.com.au. 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 27 - PRODUCT CLEARANCES AND UPDATES

A. CLEARANCE ITEMS

Our 365 day and 100 day trials 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 Australian Consumer Law apply to the sale of clearance stock.

The following products were on clearance during the following dates:

  • All Day Sofa: 25/4/23-Present
  • Kin Dining Set: 19/9/23-5/11/23

B. PRODUCT UPDATES

As part of continuous improvement 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.

The following material/significant product updates have occurred:

  • The Kin Dining Set: Released on 13 September 2022 with American Ash as the solid timber material for the top, frame and legs of the dining table, and in the frame and leg of the dining chair. From 6 November 2023, American Ash timber was replaced with American Oak timber within the Kin Dining Set components stated above.


SECTION 28 - GIFT CARDS

  • Gift cards purchases are final and not refundable
  • Eva gift cards are only redeemable at eva.com.au 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 eva.com.au
  • 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 eva.com.au 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 Australian dollars and includes GST.

  

SECTION 29 - RETAIL PARTNERSHIPS

From time to time Eva may work with retail channel partners, such as MYER or The Iconic, 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.

 
SECTION 30 - REFER A FRIEND PROGRAM 

Effective Date of Current Policy: October 30, 2023

Eva offers customers the opportunity to participate in its referral program. We reserve the right to amend or terminate the program at any time, for any reason. The program is administered by Eva. We reserve the right to modify or amend at any time these Terms and Conditions and/or the methods through which rewards are earned. We reserve the right to disqualify any customers from participation in the referral program at any time at our sole discretion. 

ReferralCandy is a third-party referral platform where you can refer your friends or family to make a purchase from Eva. From 30 October 2023, you can receive a $50 visa gift card for each new customer you have referred who:

  1. Has not purchased from Eva before; and
  2. Purchases a mattress or an Everyday Sofa; and
  3. Keeps their Eva products for more than 75 days; and
  4. Is at least 18 years old.

Each new customer you refer will receive a discount of $50 off their first purchase of a mattress or Everyday Sofa from Eva. The discount is redeemable until 11:59pm, 30 October 2024.

How to receive the reward

When you refer a friend, they will receive an email from Eva inviting them to receive $50 off their first purchase of a mattress or Everyday Sofa. When they sign up, they will receive an email with their unique discount code. Your reward will be emailed to you within 48 hours once your referred friend has purchased their first mattress or Everyday Sofa from Eva and has not returned it within 75 days. Referred friends who return their product within 75 days will void your reward.

Limitations

You cannot refer yourself to the program. For example, you cannot create multiple or fake accounts with Eva or participate in the referral program using multiple or fake email addresses or identities. 

Discounts cannot be applied to purchases retroactively. You can receive a maximum of 5 referral discounts.

Referrals only apply to Eva mattresses and the Everyday Sofa. Rewards are void if your referred friends return their product within 75 days.

ReferralCandy has an internal system that automatically voids the reward should the referral be deemed invalid. If there is an issue, please contact hello@eva.com.au.

Please note: Previous Refer a Friend Programs and incentives offered prior to October 2023 have expired and cease to apply.

SECTION 31 - ZIP 24 MONTHS INTEREST FREE OFFER

24 months interest free is available across all products for purchases over $1,000 and to approved applicants only. Minimum monthly repayments are required. Paying only the minimum monthly repayment amount will generally not repay a purchase within the interest free period. Any balance outstanding at the expiry of the interest free period for the purchase will be charged interest at the standard annual percentage rate, currently 21.9%. A $7.95 monthly account fee applies. A one-off establishment fee may apply. Terms & Conditions apply and are available on application. See your contract for further details. Credit provided by ZipMoney Payments Pty Ltd (ABN 58 164 440 993), Australian Credit Licence Number 441878.