Terms of service
TERMS OF SERVICE
Last updated: 15 October 2026
YOUR CONSUMER RIGHTS
Nothing in these Terms of Service excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified, including rights under the Australian Consumer Law.
Where these Terms conflict with mandatory consumer protection laws, those laws prevail.
OVERVIEW
Welcome to Everly Dear!
This website is operated by Travizo, trading as Everly Dear. Throughout this website, the terms "we", "us" and "our" refer to Everly Dear.
Everly Dear operates this online store and website, including related information, content, features, tools, products and services (collectively, the "Services").
Our store is powered by Shopify, which enables us to provide the Services to our customers.
These Terms of Service ("Terms"), together with the policies referred to in them, describe your rights and responsibilities when accessing our website or purchasing from our store.
Please read these Terms carefully.
By accessing or using our Services, you agree to these Terms, subject to applicable law.
If you do not agree with these Terms, please do not use our Services.
SECTION 1 – ACCESS AND ACCOUNT
By using our Services, you confirm that you are legally capable of entering into a binding agreement or are using the Services with the permission and supervision of a parent or legal guardian where required.
When browsing our store, creating an account or placing an order, you may be asked to provide information including your name, email address, billing details, delivery address and payment information.
You agree to provide accurate, current and complete information.
You are responsible for maintaining the confidentiality of your account credentials and for activities carried out through your account, except where applicable law provides otherwise.
You must notify us promptly if you believe your account has been accessed without authorisation.
You may not sell, transfer or assign your customer account to another person without our permission.
SECTION 2 – OUR PRODUCTS
Everly Dear offers women's fashion and related products through our online store.
We make reasonable efforts to ensure that product descriptions, images, sizes, colours, prices and other information are accurate.
Product colours may appear differently depending on your device, display settings and lighting conditions.
Minor variations in appearance may occur. However, products must correspond with their descriptions and meet all applicable consumer guarantees.
We may update product descriptions, availability and other information when necessary.
We reserve the right to discontinue products or limit quantities, subject to applicable law and any existing contractual obligations.
Nothing in this section limits your rights if a product is faulty, materially different from its description, not of acceptable quality or otherwise fails to meet applicable consumer guarantees.
SECTION 3 – ORDERS
When you place an order through our website, you submit an offer to purchase the selected products.
We may accept or decline an order for legitimate reasons, including product unavailability, suspected fraud or genuine pricing errors, subject to applicable law.
An automated order confirmation acknowledges receipt of your order and does not necessarily mean that the order has been accepted.
We will notify you if we are unable to fulfil your order.
If payment has already been collected for an order that we cannot fulfil, we will arrange a refund.
Please review your order carefully before completing checkout.
If you wish to cancel or modify an order, contact us as soon as possible at info@everlydear.com.
We will make reasonable efforts to assist, but changes or cancellations may not always be possible once an order has entered fulfilment.
This does not affect any cancellation, refund or other rights available under applicable law.
Returns and refunds are governed by our Refund Policy and applicable consumer protection laws.
Products purchased through our store are intended primarily for personal use. Please contact us before placing orders intended for commercial resale.
SECTION 4 – PRICING AND BILLING
Prices displayed to customers shopping in Australia are shown in Australian dollars (AUD), unless otherwise indicated.
Applicable taxes, shipping charges and any other mandatory charges will be disclosed as required by law before an order is completed.
We offer free Standard Shipping within Australia, as described in our Shipping Policy.
Any optional paid shipping service will only apply where it is expressly offered and selected during checkout.
Prices, promotions and product availability may change.
The price applicable to an accepted order is the price agreed at checkout, subject to applicable law concerning genuine errors and other relevant circumstances.
Promotional offers may be subject to additional terms, which will be communicated where applicable.
You agree to provide accurate billing and payment information.
You confirm that you are authorised to use the payment method selected at checkout.
Payments are processed through the payment services made available on our website.
We do not guarantee the continued availability of any particular payment method.
If we identify a genuine pricing or billing error, we will contact you to explain the issue and any available options, in accordance with applicable law.
SECTION 5 – SHIPPING AND DELIVERY
Shipping and delivery arrangements are described in our Shipping Policy.
Orders are prepared and dispatched through our fulfilment arrangements.
Processing and delivery times may vary depending on the product, destination, carrier and other relevant circumstances.
Any delivery estimates communicated to customers are estimates unless expressly stated otherwise.
We aim to fulfil orders within the timeframes communicated to customers and within any period required by applicable law.
If a significant delay occurs, please contact us at info@everlydear.com.
We will assist with delivery enquiries and provide any remedies required under applicable consumer law.
Risk relating to the delivery of goods is allocated in accordance with applicable law.
Nothing in this section excludes, restricts or modifies any statutory rights or remedies relating to delivery, non-delivery, damaged goods or other failures to meet applicable obligations.
SECTION 6 – INTELLECTUAL PROPERTY
The Services may contain trademarks, brand names, logos, text, images, graphics, videos, designs and other materials protected by intellectual property laws.
Such materials may be owned by Everly Dear, Travizo, Shopify, our licensors or other third parties.
You may access and use our website for lawful personal and non-commercial purposes.
Except where permitted by applicable law or authorised by the relevant rights holder, you may not reproduce, distribute, modify, republish or commercially exploit protected materials from our website.
Nothing in these Terms grants ownership of, or an unrestricted licence to use, intellectual property belonging to Everly Dear, Shopify or any third party.
Third-party trademarks and materials remain the property of their respective owners.
All rights not expressly granted are reserved by their respective owners.
SECTION 7 – OPTIONAL TOOLS
Our website may provide access to features, applications or services operated by third parties.
These may include payment services, customer support features, analytics tools or other integrations.
Some third-party services may be subject to separate terms and privacy policies.
Where appropriate, we encourage you to review those terms before using the relevant services.
Third-party services may change or become unavailable.
We are not responsible for the independent operation of third-party services to the extent permitted by applicable law.
Nothing in this section limits our responsibilities as the seller of products purchased from Everly Dear or any rights that cannot lawfully be excluded.
SECTION 8 – THIRD-PARTY LINKS
Our website may contain links to websites, services or resources operated by third parties.
These links are provided for convenience or to support the operation of our Services.
We do not necessarily control or endorse the content of third-party websites.
When visiting another website, you should review its terms, privacy policy and relevant practices.
To the extent permitted by law, we are not responsible for independent third-party websites or transactions entered into directly with unrelated third parties.
This does not affect our responsibilities for products or services that we sell to you.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Everly Dear uses Shopify to operate its online store.
Shopify provides the ecommerce technology supporting our website and checkout.
However, purchases made through Everly Dear are transactions between the customer and Everly Dear, operated by Travizo.
Everly Dear remains responsible for fulfilling its obligations as the seller, including applicable consumer guarantees.
Shopify is not the seller of products purchased from Everly Dear.
Nothing in this section limits any rights or remedies that customers may have under applicable law.
SECTION 10 – PRIVACY POLICY
Our collection, use, disclosure and handling of personal information are described in our Privacy Policy.
Our store is powered by Shopify, which processes certain personal information to provide ecommerce services.
Personal information may also be processed by payment providers, fulfilment partners and other service providers where necessary for legitimate business purposes and in accordance with applicable privacy laws.
Some service providers may process information in countries outside Australia or the European Economic Area.
Further information about our privacy practices, including relevant rights and contact details, is provided in our Privacy Policy.
Shopify's Privacy Policy is available at:
https://www.shopify.com/legal/privacy
Please review our Privacy Policy for further information.
SECTION 11 – FEEDBACK
You may choose to provide feedback, suggestions, comments, reviews or other materials relating to our products or Services ("Feedback").
By submitting Feedback, you confirm that you have the necessary rights to provide it.
You grant Everly Dear a non-exclusive, worldwide, royalty-free licence to use, reproduce, display and publish your Feedback for legitimate business purposes, including improving our Services and communicating about our products.
This licence does not transfer ownership of your Feedback to Everly Dear.
We will handle personal information contained in Feedback in accordance with our Privacy Policy and applicable law.
You must not submit Feedback that infringes another person's rights, contains unlawful material or is intentionally misleading.
Where reviews are published, we will not knowingly present fabricated customer reviews as genuine.
We may moderate or remove Feedback where reasonably necessary, including where it violates applicable law or these Terms.
Nothing in this section restricts your right to make genuine complaints, publish lawful reviews or exercise consumer rights.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our website may contain typographical errors, inaccuracies or omissions.
These may relate to product descriptions, prices, promotions, availability, shipping charges or delivery information.
We may correct errors and update information where reasonably necessary.
If an error affects an order you have already placed, we will handle the matter in accordance with applicable law and our contractual obligations.
We will not use this section to avoid responsibilities or consumer guarantees that cannot lawfully be excluded.
SECTION 13 – PROHIBITED USES
You may use our Services only for lawful purposes.
You must not use our website:
(a) To engage in unlawful, fraudulent or malicious activities;
(b) To violate applicable laws or regulations;
(c) To infringe intellectual property rights;
(d) To harass, threaten, abuse or unlawfully discriminate against others;
(e) To submit intentionally false or misleading information;
(f) To distribute malware, viruses or harmful code;
(g) To send unsolicited commercial messages in violation of applicable law;
(h) To impersonate another person or organisation;
(i) To interfere with the security, availability or operation of our Services;
(j) To attempt unauthorised access to accounts, systems or information;
(k) To collect personal information unlawfully; or
(l) To engage in conduct that materially disrupts the lawful use of our Services.
We may take reasonable measures to protect our website and customers, including restricting access where necessary.
Any suspension or termination of access will be subject to applicable law and will not remove rights relating to existing purchases.
SECTION 14 – AUTOMATED AGENTS
This section applies to automated software, bots and artificial intelligence agents that access or interact with our Services.
An "Agent" means software or a service that performs actions autonomously or semi-autonomously on behalf of a person or organisation.
Agents must comply with applicable law and must not:
(a) Circumvent security controls or access restrictions;
(b) Misrepresent their identity where identification is required;
(c) Bypass CAPTCHAs or similar protective measures;
(d) Attempt unauthorised access to customer accounts or personal information;
(e) Disrupt the operation of our Services; or
(f) Conduct unlawful scraping, data extraction or other prohibited activities.
We may use reasonable technical measures to restrict harmful or unauthorised automated access.
This section does not prohibit lawful access or conduct that cannot lawfully be restricted.
SECTION 15 – TERMINATION
We may suspend or terminate access to our Services where reasonably necessary, including in response to serious violations of these Terms, unlawful activity or security risks.
Termination of website access does not automatically cancel an existing purchase or remove obligations relating to accepted orders.
You remain responsible for amounts lawfully owed for purchases.
Provisions that by their nature are intended to continue after termination may remain effective, including relevant intellectual property, liability and dispute-related provisions.
Nothing in this section affects statutory consumer rights.
SECTION 16 – DISCLAIMER OF WARRANTIES
We aim to provide accurate and useful information through our website.
However, general website content may occasionally contain errors or become outdated.
To the extent permitted by law, we do not guarantee that our website will always operate without interruption, delay or technical issues.
Any disclaimers relating to website operation apply only to the extent permitted by applicable law.
OUR PRODUCTS COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW.
You may be entitled to a repair, replacement, refund or other remedy where products fail to meet applicable consumer guarantees.
Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.
SECTION 17 – LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, Everly Dear is not liable for losses arising solely from circumstances outside our reasonable control where the law permits such limitations.
We do not seek to exclude liability for conduct, products or services where doing so would be unlawful.
Nothing in these Terms excludes, restricts or modifies liability for:
(a) A breach of applicable consumer guarantees;
(b) Fraud or fraudulent misrepresentation;
(c) Liability that cannot lawfully be excluded; or
(d) Any other right or remedy protected by mandatory applicable law.
Where a limitation of liability is legally permitted, it applies only to the extent permitted by law.
Customers retain all statutory rights and remedies available under applicable consumer protection legislation, including the Australian Consumer Law.
SECTION 18 – INDEMNIFICATION
To the extent permitted by applicable law, you agree to be responsible for losses or claims suffered by Everly Dear that directly result from your unlawful conduct or material breach of these Terms.
Any responsibility under this section is limited to losses or claims for which you may lawfully be held responsible.
This section does not require you to compensate Everly Dear for losses caused by our own negligence, unlawful conduct or breach of applicable obligations.
Nothing in this section restricts your statutory consumer rights.
SECTION 19 – SEVERABILITY
If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be treated as ineffective to the extent necessary.
The remaining provisions will continue to apply where legally permitted.
The invalidity of one provision does not automatically invalidate the remaining Terms.
SECTION 20 – WAIVER AND ENTIRE AGREEMENT
Our failure to enforce a provision of these Terms does not automatically constitute a waiver of our right to enforce that provision in the future.
These Terms, together with the policies expressly incorporated into them, describe the general conditions governing use of our Services.
They do not override mandatory consumer protection laws or any specific rights arising from an accepted purchase.
Where a separate promotion or offer has additional terms, those terms will apply to that promotion or offer to the extent permitted by law.
Nothing in this section excludes representations, guarantees or other rights that cannot lawfully be excluded.
SECTION 21 – ASSIGNMENT
You may not transfer your obligations under these Terms to another person without our consent, except where applicable law permits otherwise.
We may transfer our rights or obligations in connection with a legitimate business transfer or restructuring, subject to applicable law.
Any transfer must not unlawfully reduce or remove your existing consumer rights.
Where required by law, we will provide appropriate notice.
SECTION 22 – GOVERNING LAW
Everly Dear is operated by Travizo, a business registered in the Netherlands.
These Terms are governed by the laws of the Netherlands, except to the extent that mandatory consumer protection laws applicable to a customer require otherwise.
Nothing in this section excludes, restricts or modifies any mandatory rights or remedies available to Australian consumers under applicable Australian law, including the Australian Consumer Law.
Nothing in this section prevents a consumer from bringing a claim before a court or other competent body where they have a mandatory legal right to do so.
SECTION 23 – HEADINGS
The headings used in these Terms are provided for convenience and readability.
They do not affect the interpretation of the provisions.
SECTION 24 – CHANGES TO THE TERMS OF SERVICE
We may update these Terms from time to time to reflect changes in our business, Services or applicable legal requirements.
The latest version will be published on our website.
Where required by law, we will notify customers of material changes.
Changes will not retrospectively remove rights or alter contractual obligations relating to previously accepted orders unless permitted by applicable law.
The Terms applicable to a purchase are generally those in effect when the order was placed.
SECTION 25 – CONTACT INFORMATION
If you have questions about these Terms of Service, please contact us.
Trading name: Everly Dear
Legal business name: Travizo
Email:
info@everlydear.com
Telephone:
+31 6 1041 2310
Business address:
Kuijperlaan 21
5725 BL Heusden
The Netherlands
Chamber of Commerce (KVK):
95718338
VAT identification number:
NL005170699B17
Everly Dear is an online fashion boutique operated by Travizo, a business registered in the Netherlands.
For product returns, please contact our customer support team before sending any items. Our registered business address is not necessarily the designated returns address.
Nothing in these Terms of Service limits any rights or remedies available under applicable consumer protection laws.