About These Terms And Conditions
In these Terms and Conditions "we" and "us" mean
AALL-PAINTS ABN 11 378 440 844 of 151 Wheatsheaf Road Glenroy, VIC 3046 Australia, and "you" means you the customer.
These Terms and Conditions together with your Order constitute the entire Contract between us and you for the supply of Products. No other Terms and Conditions will apply. The Contract cannot be varied unless we agree to vary it in writing or by email.
Legal Capacity To Transact
If you are under the age eighteen (18) years you can not
place orders with AALL-PAINTS
By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years.
AALL-PAINTS suffer any damage or other losses as a result of a transaction entered into by a minor,
AALL-PAINTS reserves the right to seek compensation for such losses from the
parents or guardians of the minor who caused any order(s) to be placed with
Placing Your Order
You may place an Order by filling in the Order Form on the
AALL-PAINTS Web Site and clicking the "Submit My Order" button.
By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions.Information contained on the
AALL-PAINTS website constitutes an invitation to treat. No information on our website constitutes or should be deemed as an offer by us to supply any Products, however
AALL-PAINTS will make every effort to supply Products to you.We will notify you that your order is being processed by sending you an Order Confirmation and tax invoice via email, however, we do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud.
AALL-PAINTS reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered.
If we cannot process or accept your Order after payment is received we will contact you by email or telephone.
Payment Methods And Processing
AALL-PAINTS currently accepts PayPal, Visa, MasterCard and
Australian Bank Cheques only.
Payment processing will not begin until we receive all the information we need.
Orders placed on a weekend or a Public holiday will not begin payment processing until the next business day.
Business days are Monday through Friday, excluding
VIC Public holidays.
We process credit card and PayPal payments after you click the "Submit My Order" button.
For credit card and PayPal
payments we will email a tax invoice to you with your Order Confirmation. Your tax invoice is your proof of purchase.
We are unable to accept credit cards issued by banks outside of Australia.
You may be required to provide further identification for additional security reference checks.
If your PayPal payment is funded by an echeque this may substantially delay processing your Order while payment clears.
AALL-PAINTS purchases include GST unless otherwise stated on a Product listing.
AALL-PAINTS always seeks to list Products with the most competitive prices.
AALL-PAINTS reserves the right to change prices for Products displayed at
AALL-PAINTS at any time.
Delivery Of Your Products
Delivery time takes up to 10 working days from the date your
payment is received.
In all instances estimated delivery times will be displayed at the check out for your Product.
AALL-PAINTS makes every effort to deliver your Product according to the estimated delivery times provided by
AALL-PAINTS at checkout. The estimated delivery times are in business days (Monday through Friday) excluding Public holidays.
Although every effort is made to ship your Order according to the estimated delivery times provided, estimated ship times may change due to changes in supply or circumstances beyond our control. If your Product has not arrived after the estimated delivery time, please contact us here
We encourage you to visit the "Your Account" section on our website to view the delivery status of your Products.
Unless otherwise agreed by us, we will deliver your Products to the address indicated on your Order Confirmation. If no-one is available to take delivery of your Products, our carrier (Australia Post ) will leave a card so you can pick-up your Product from your local Post Office. Where delivery is by our courier service and no-one is available to take delivery, they will leave a card requesting you to telephone them to arrange a suitable time and date for delivery.
We will use our reasonable efforts to deliver your Products to you within the estimated delivery time indicated on your Order Confirmation; however, we do not guarantee that we will deliver within this time frame.
Title and risk of loss to all Products will pass to you on delivery.
Your Rights To Return A Product
No refunds, credit or replacements are offered if you have changed your mind about the product, make an incorrect choice, or failed to verify and accurately provide information when placing an Order.
Product Problems After Delivery
If your item arrives DOA (Dead On Arrival) or you find a defect arises after delivery and a valid claim is received by Customer Service within 30 days of delivery,
AALL-PAINTS will exchange the Product where possible, or refund you the purchase price of the Product. Should you contact us outside the 30 day period customer service management will consider each claim on a case by case basis on its merits.
Where we agree to replace the Product or refund you the purchase price of the Product, you must first return the defective Product to us. You will be obliged to pay for the return of the Product if the item is sent after 30 days from dispatch.
We will make arrangements with you for the return of the Product.
The delivery time for replacing the Product will be the same as stated for the original Product.
Replacement Products are provided with the same Warranty as the returned Product.
Return Authorisation Number - A Must Have
A Return Authorisation Number (RAN) is required for both replacement Products and refunds.
Where Customer Service has provisionally determined that a Product is DOA, Customer Service will issue you with a RAN. Products can not be returned without a RAN. The Product should be returned to
AALL-PAINTS within 30 calendar days of the issuance of the RAN. All Products must be packed in the original, unmarked packaging including any accessories, manuals, documentation and registration that shipped with the Product.
When a Replacement Product is arranged:
- A replacement for the same Product that you ordered will be shipped to you at our expense after we have received your returned DOA Product.
- The delivery time for the replacement Product will be the same as stated for the original DOA Product.
- Replacement Products are provided with the same Limited Warranty as the DOA Product.
When a Refund is arranged:
- Refunds include all shipping and associated costs for the DOA Product.
- No refund will be given to you until AALL-PAINTS has received the DOA Product from you.
We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
Your Data - Use And Protectionn
By placing your Order, you agree that we may store, process and use data collected from your Order Form for the purposes of processing your Order. If you so indicate on the appropriate section of your Order Form, by placing your Order you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other
AALL-PAINTS Products that may be of interest to you. If you do not agree to our using such data in order to provide you with information on other
AALL-PAINTS Products, you should indicate your non-agreement on the appropriate section of your Order Form. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request. Please refer to our Privacy Statement.
Credit Card Fraud
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of
AALL-PAINTS Any unauthorized assignment shall be deemed null and void.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
Under the Trade Practices Act 1974 ("Act"), where implied conditions and warranties cannot be excluded, any liability in
AALL-PAINTS for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at the option
AALL-PAINTS, to the replacement of the Product(s) or the re-supply of the same Product(s); the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s).
Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.
AALL-PAINTS reserves the right to change the Terms and Conditions of sale at any time.
No AALL-PAINTS employee or agent has the authority to vary any of the Terms and Conditions governing any sale.
AALL-PAINTS shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of
AALL-PAINTS, and AALL-PAINTS shall be entitled to a reasonable extension of time for the performance of such obligations.
These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales and shall be subject to the non-exclusive jurisdiction of the courts of