Terms and Conditions
1. ACKNOWLEDGEMENT AND ACCEPTANCE
1.1. These Terms and Conditions ("T&Cs") govern your access and use of our website (located at www.artistpaints.com) and related services including the ordering, purchase and delivery of products from our website and subscriptions to our e-newsletter (collectively, our "Website").
1.2. Access and use of our Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers set out herein. You should read these thoroughly before using our Website.
1.3. By accessing or using our Website, you warrant and represent to us that you have read, understand and agree to be bound by these T&Cs and that:
- you are over the age of 18 years and you have the right, authority and legal capacity to enter into a legally binding agreement and to abide by these T&Cs; and
- you are not a competitor of Artist Paints and are not using our Website for reasons other than their intended purposes.
1.4. These T&Cs are to be read in conjunction with our Privacy Policy, and any additional T&Cs expressly referred to by us, where relevant.
1.5. Artist Paints reserves the right to amend the T&Cs at any time and without notice to you. Artist Paints may change the T&Cs from time to time, and your continued use of the Website after any amendment becomes effective constitutes an agreement by you to abide, and be bound by, the T&Cs, as so amended. You may access the most recent version of our T&Cs through the link provided on our Website.
2. OBLIGATIONS AND PERMISSIONS
2.1. You agree that you are responsible for your access to and use of our Website and for ensuring that any persons that may access the Website through your internet connection is aware and compliant with these T&Cs.
2.2. You represent and warrant to us that your use of our Website will comply with all applicable laws and regulations in the governing jurisdiction of these T&Cs and in your State/Country and overseas wherever you access our Website and otherwise where applicable and that you will not use our Website for any activities that are unlawful or discriminatory, harmful to others, or for any activity that does or may violate the rights of others.
2.3. By using our Website, you agree to allow Artist Paints to send you emails regarding Artist Paints, our Website and our online and physical store, including any information regarding or relating to our products, in accordance with our Privacy Policy.
3. PRODUCT IMAGES
3.1. While we have made every attempt to show textures, appearances and colours of our products as accurately as possible, product images may vary from the delivered product depending on your monitor or screen, settings and computer equipment.
3.2. All orders are made subject to availability. Whilst we use our best efforts to ensure that products are available for delivery, there may be some circumstances where products are unavailable.
3.3. Where we cannot fulfil your order or a part of your order, we will notify you within a reasonable time after you complete your order. Please note that we may need to reject your order or reject part of your order on this basis. If your order is rejected or cancelled, we will refund in full all amounts you have paid in respect of such unavailable product. Alternatively, we may contact you to advise you of a delay in restocking a particular product and delivery of your order and you may agree to proceed with your order on the basis of a delayed delivery date (or an alternative product).
3.4. We cannot provide rainchecks for products ordered online. In respect of any products we sell, we reserve the right to limit the sale of products to reasonable or normal household quantities.
4 PRICES
4.1. Unless specified otherwise, prices displayed on our Website are shown in Australian dollars (AUD). You are responsible for any taxes, duties or other liabilities imposed by any government agency, including without limitation, any customs duty, goods and services taxes or any value added tax imposed on any product or services acquired or ordered by you from this Website.
4.2. Displayed pricing may not include delivery charges (if applicable). Please read our Delivery Information webpage for more information regarding delivery charges.
4.3. Prices of products, as well as delivery and any other charges displayed on our Website are current at the time of issue, but may change at any time and are subject to availability. All pricing on our Website is available online only.
4.4. If your order is to be delivered outside Australia, then you are responsible for any export, import and other taxes or duties that might be applicable in order for you to receive your purchase.
5. PAYMENTS
5.1. Except in the instance of payment via AfterPay, full payment for your purchase is required at the time of placing your order. Payment is charged/debited at the end of the complete check-out process.
5.2. We accept payment via Visa, Mastercard, PayPal, and AfterPay. You must comply with the applicable T&Cs of these providers. We reserve the right to vary our accepted payment methods at any time without notice.
5.3. You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed, or if we suspect that it has been paid for using any fraudulent or unlawful means, we may cancel the order.
5.4. If you choose to make your payment by AfterPay, you understand and agree that we are not liable for any fees or additional costs charged to you by AfterPay and that such costs are your responsibility.
6. ORDERS
6.1. Any order placed by you in the manner described in this Website is an offer to purchase a particular Product for the price (including the delivery and other charges and taxes) specified on this Website at the time you place your order.
6.2. Artist Paints reserves the right to accept or reject your order for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on this Website, or an error in your order. We also reserve the right to request identification from you, including photo ID or any other such documentation for verification purposes before we allow your order to be processed.
7. CANCELLATIONS & REFUNDS
7.1. Once your order has been placed you cannot cancel the order. Please note that we are unable to cancel an order or stop an order from being dispatched at your request.
7.2. Please read the Returns & Exchanges Policy contained within this Website for refund details. Our Returns Policy outlines the circumstances in which a refund will be available to you.
8. DELIVERY
8.1. Please read the Delivery Information contained within this Website.
8.2. Delivery times are estimates only, and Artist Paints will not be liable for any failure to observe these delivery times. For orders to be delivered within Australia, if your order is not delivered within 2 weeks of the estimated delivery date you may cancel your order and obtain a full refund.
9. RISK & TITLE
9.1. Products will not be dispatched until full payment has been received. Title in the products will pass to you upon delivery of the products. Risk of loss, damage or deterioration to any products will pass to you on delivery.
10. CORRECTION OF ERRORS
10.1. While we take care to ensure that the content on our Website is accurate and complete, there may be typographical errors, inaccuracies or oversights relating to a product description, product image, price, promotion, special offer or availability. We reserve the right to amend any typographical errors, inaccuracies or oversights and to correct or update content on the Website or cancel orders at any time without prior notice where an error has occurred. If we cancel an order because of our error on the Website, we will provide you with a full refund. If you believe that there is a typographical error, inaccuracy or oversight on this Website please contact us.
11. FRAUD PROTECTION
11.1. If Artist Paints determines, in its discretion, that an order is potentially fraudulent, we may suspend your order and will not dispatch any products until we are satisfied that cardholder identification has been achieved and our Fraud Protection Process has been completed. Artist Paints retains the right to cancel any order on the basis of an order being fraudulent or potentially fraudulent.
11.2. If you believe you have been a victim of a fraud, please contact us in writing at sales@artistpaints.com.
11.3. While Artist Paints endeavours to prevent fraudulent orders and payments, we hold no liability for any loss you may suffer, including costs or delay, due to any suspicion of fraud or actual fraud.