Terms and Conditions
1. Background
These terms apply to the ordering, purchase and delivery of products (Products) from our website located at https://www.evakool.com.au/ (Website) and form a contract between you and Nexberg Pty Ltd trading as Evakool Iceboxes (Evakool, we or our). By submitting an order for Products on the Website, or otherwise accessing the Website you agree to the following terms, conditions and notices (Terms), together with our privacy policy available on our Website.
If you are agreeing to these Terms on behalf of a business entity, you represent to us that you have legal authority to bind that entity. If you do not accept these Terms, you must refrain from using the Website.
2. Orders
By placing an order on the Website, you are making an offer to enter into an agreement to purchase the Product(s) in that order. Orders will be deemed received by us at the time. We will send an order confirmation to your nominated email address within a few minutes of ordering. It is your responsibility to ensure that the correct email address and contact details are entered with your order.
We will at all times endeavor to ensure that our stock listings on our Website are up to date. However at times there may be unforeseeable shortages and therefore all items listed on the Website are subject to availability.
We may cancel any order made at any time prior to delivery to you, by providing to you a full refund.
3. Delivery
The costs of delivery will be as displayed to you on our Website. We shall use our best endeavours to deliver the Products to your nominated address via courier within 1-2 business days from the date of the order, although shipping times will vary depending on location and there may be delays where Products are out of stock.
We cannot ship to PO boxes and all Products are shipped via courier and can only be sent to a physical street address. Any undelivered items will be returned to your local StarTrack depot for collection. Shipping to remote locations may incur a higher delivery fee. All pricing for freight is subject to change at Evakool's discretion and Evakool will call you if there are any issues with the freight you have been charged.
If free shipping or discounted shipping is advertised in a promotion or on a Product, this is valid within Australia only and only for the specific Products described in the promotion on the Website.
We will notify you if we become aware of any delay with the delivery of the Products, and shall provide you with a new estimated date and time of delivery. To the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
4. Prices
When you place an order, we will charge you and you agree to pay the price for the Product and any applicable delivery fee. The price of the Product (which includes GST and any other applicable taxes) will be processed in Australian dollars as shown on the order pages when you placed your order on the Website.
We reserve the right to change or alter prices displayed on the Website without notice to you. Except in the case of manifest error, if you have already submitted an order at a particular price, we will supply the Products at that price.
You must pay for the products ordered before we dispatch them. We will not charge you for the price until we dispatch the Products to you.
5. Payment options
Upon placing an order, you may pay for the Products using one of three methods of payment:
(a) Credit card (via a third party payment gateway)
(b) PayPal
(c) Zip Pay (in accordance with Zip Pay’s terms and conditions at https://zippay.com.au/). Payment with Zip Pay is conditional upon the customer being eligible and approved to pay via Zip Pay.
You acknowledge that we do not receive details of your credit or debit card directly and that we cannot be held liable for any issues or loss arising from the processing of your account information.
6. Passing of risk and title
Risk in the Products will pass to you on dispatch of the Products from our warehouse. Title to the Products will not pass to you until we have received payment in full for the Products.
7. Warranty Period
All Products sold via the Website or our registered dealers come with standard warranty periods as set out on the serial number of the Product, in the Product manual or otherwise on the Website
During each warranty period Evakool warrants that the Products will be free from faults or defects in the design, material and workmanship (Warranty).
If you wish to make a Warranty claim for a Product which needs to be fixed under warranty, you will need to provide a copy of your proof of purchase/receipt together with all information relevant to the fault or defect. To submit a claim, please call your local service agent listed at www.evakool.com/repairers or contact Evakool directly at warranty@evakool.com. Please note that this does not apply for Products purchased directly through Supercheap Auto. If you wish to make a warranty claim for a Product purchased from Supercheap Auto you will need to take the purchased item to your local Supercheap Auto store so it can be tested for faults in-store and prior to being sent to Evakool.
The Warranty provided with our Products is only valid for Products purchased directly on the Website or through a retailer within Evakool's official dealer network. The Warranty does not apply to Products sold via unauthorized resellers on websites such as Ebay, or for Products sold second hand, unless the Products are sold directly from Evakool as reconditioned units which carry a warranty as specified on the Products description.
The Warranty will be void where the Product has been modified or damage has been caused by misuse of the Product contrary to user instructions or packaging labels.
Your rights set out in this paragraph are in addition to any rights you may have under the Australian Consumer Law. For any queries on our warranty policy, please contact
8. Refunds and returns
If for any reason you are not completely satisfied with your Product purchase please contact us on warranty@evakool.com. Except in the case of a Warranty claim, returns will not be accepted more than 30 days following delivery.
Our refund policy does not apply to Products which have been damaged after delivery, or if any attempt has been made to alter the Product in a manner not authorized by Evakool. All Products must be returned in their original condition. All postage and insurance costs are to be incurred by you. Any freight or delivery costs paid on the original order is non-refundable.
We recommend that you return the product via registered post and that you pre-pay all postage. You assume any risk of loss, theft or damaged goods during transit and therefore advise you take out shipment registration of insurance with your postal carrier. Evakool will not be responsible for parcels lost or damaged in transit.
9. Consumer Guarantee
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure.
10. Intellectual Property
The intellectual property rights in the Website and any Products that we supply on the Website are, and shall remain, the property of Evakool. You must do all things that Evakool reasonably requires to perfect our right, title and interest in and to our intellectual property rights. When using our Website or Products, you must use reasonable endeavours to prevent any infringement of our intellectual property rights and promptly report to us any such infringement that comes to your attention.
11. Disclaimer
Any order for the supply and purchase of Products made with an authorised dealer or retailer is a contract entered into strictly between you and the relevant retailer and we do not verify, endorse, recommend or guarantee any retailer or any information they provide on our Website.
12. Limitation of Liability
As far as the law permits and unless otherwise specified in these Terms:
(a) our liability for any injury, loss damage, cost or expense relating to or arising from these Terms, is excluded;
(b) all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are excluded from these Terms; and
(c) we do not warrant or represent that the Website will operate continuously, free from faults, errors or interruptions, and
(d) our liability will be limited, at our election, to a replacement of goods or a full refund of the price paid.
13. Privacy
By agreeing to these terms, you agree to the terms of our privacy policy, located at https://www.evakool.com.au/privacy-policy
Any personal information we collect about you via the Website will only be used and disclosed by us in accordance with our privacy policy.
14. Governing law and jurisdiction
If a dispute arises regarding these Terms, the laws of Queensland, Australia apply. If you access the Website in a jurisdiction other than Queensland, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.
15. Invalidity
If any part of the Terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms will not be affected and all other clauses remain in full force and effect.
16. Communications
If you wish to contact us in writing, or if any condition in these Terms requires you to give us notice in writing, you can send this to us by email at We will confirm receipt of this by contacting you in writing, normally by email. you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide or confirm to us.