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Terms of Service

Terms & Conditions



AVT Paints Australia Policy 

These terms and conditions apply to all your purchases from AVT Paints Australia. They contain very important information about your legal rights and obligations, including legal limitations and exclusions that apply to you. By placing an order for any product from AVT Paints ("AVT Paints Australia"), you ("Customer / Consumer") agree to be bound by the terms and conditions listed below. You and AVT Paints Australia agree that the following terms and conditions are the exclusive terms governing the sales transaction between the Customer and AVT Paints Australia. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from AVT Paints Australia. 

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 for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. In addition to the rights and remedies you may have under the Australian Consumer Law you may also be entitled to benefits under the terms of any additional manufacturer's warranty. The manufacturer's warranty (if it applies to your product) does not in any way affect your rights under the Australian Consumer Law 

Refund, Return & Warranty Policy 

What is our return policy?
We do not normally give refunds or exchanges if you:
• simply change your mind; or
• purchased the wrong product; or
• already knew of a particular fault in a product, or we specifically advised you of a particular fault in a product; or
• damage a product after purchase due to alterations to the product not performed by us, damage the product due to unusual or non-recommended use of the product or damage the product where the damage is caused by any factors beyond our control; or 
• no proof of purchase is provided.

If for any reason you are unhappy with your purchase please contact as at info@avtpaints.com and we will do our best to remedy the situation

How do I request / notify a Refund, Return, Warranty Claim & or Consumer Guarantee Claim?
Email us at info@avtpaints.com to request/submit your Refund, Return, Warranty Request & Consumer Guarantee Claim
Please note if the product is deemed NO FAULT FOUND for any warranty claim or consumer guarantee claim, a service fee up to $50 with any additional shipping charges may be applied.. If a product is found to have been supplied to you in full compliance with the Australian Consumer Law, we may require you pay to AVT Paints Australia all costs associated with returning the product to you.

How can I be eligible for Refund, Return, Warranty Claim & or Consumer Guarantee Claim?
To be eligible for a refund, return, warranty claim or consumer guarantee claim consumers must meet the following requirements:
• report the details of the fault and take the goods back to AVT Paints (or return them by post or courier);
• state what remedy you would like. AVT Paints Australia does not guarantee that the remedy you request will be granted; 
• provide proof of purchase when returning the goods;
• stop using the faulty item;
• ensure reasonable care is taken while the goods are in your possession.
• be sure that you did not cause the fault i.e. fault was not caused by the product being used in an abnormal or non-recommended way. Such a use may be noted in the manufacturer’s warranty as rendering the manufacturer’s warranty void;
• the product must not be disposed of, lost or destroyed. In other words, we need to be able to prove that the product has failed; and
• not have reduced in value by delay on the customer's part. Customers should bring faults to AVT Paints’ attention soon after they occur.
• AVT Paints recommends that you carefully review the details of the manufacturer’s warranty (if such a warranty applies) and ensure that you comply with the terms and conditions of the manufacturer’s warranty. AVT Paints Australia accepts no responsibility for non-compliance with the manufacturer’s warranty.

Rejection of a return, a refund, warranty claim or consumer guarantee claim
AVT Paints reserves the right to reject a return, a refund, warranty claim or consumer guarantee claim if consumers:
• Change their mind about a product. This includes when a consumer has found a cheaper product elsewhere, has bought a gift that is unsuitable (where the consumer has not made any specific intended use of the product known to AVT Paints Australia), or their circumstances have changed and they no longer require the goods.
• Caused the fault by using the product in an abnormal way. Such a use may be noted in the manufacturer’s warranty as rendering it void, or it may be a use that you wouldn't reasonably expect the product to perform
• Damage the product by making alterations not performed by us.
• Damage the product where the damage is caused by any factors beyond our control.
• Are unable to provide a proof of purchase, namely a tax invoice.
• Are responsible for damaging the goods by not following the care instructions (if any are provided).

Restocking products
In some circumstances, we are happy to offer our consumers with a conditional courtesy return if consumers want to exchange products purchased incorrectly provided the:
• customer notifies AVT Paints within 7 days of receipt of delivery of the product;
• products are not opened, used and are still in pristine condition;
• customer may be asked to pay a restocking fee; usually 20% of the purchase price;
• AVT Paints may reject the return upon inspecting the condition of the products and will return the products to the customer at the customer’s expense.

Acceptance of such returns are at the discretion of AVT Paints

Returning goods to AVT Paints
AVT Paints do not take responsibility for any goods damaged or lost in transit when the customer sends the product back to us for warranty or return. The manufacturer’s warranty may be void if the product is damaged in transit. Please ensure the product is packed appropriately for shipping before sending it back to us. If you are unsure about how to pack a product appropriately for shipping please contact us. The consumer is responsible for any and all charges associated with returning the goods to AVT Paints Australia except where the cost of transporting the goods is significant due to the size, height, or type of problem with the goods. Some charges may be reimbursed by AVT Paints Australia to the consumer where the consumer is entitled at law to have those charges reimbursed to them. 


Special Orders, Clearance, Discontinued Items, Free products and Consumable Products
AVT Paints do not accept the return or exchange if consumers 
• simply changed their mind;
• no longer require due to changed personal circumstances; 
• found the product cheaper somewhere else; 
• the goods are damaged due to misuse; or
• already knew of a particular fault in a product or we advised you of a particular fault in a product prior to purchase.

A limited warranty may also apply for clearance, discontinued, or free product. Please read the product description or contact us for more details if you are unsure whether a product within the category above has limited warranty or not.

Manufacturer’s Warranty
Before any manufacturer’s warranty claim, consumers are requested to make sure the product is:
• Not affected by being used incorrectly or in an abnormal way. Such a use may be noted in the warranty as rendering it void, or it may be a use that you wouldn't reasonably expect the product to perform.
• Not disposed of, lost or destroyed. In other words, there needs to be proof that the product has failed.
• Not reduced in value by delay on the customer's part. Customers should bring faults to AVT Paints’ attention soon after they occur.

To apply for a warranty claim, please email info@avtpaints.com with the product, a description of the believed fault, date of purchase and a customer service representative will get in contact to initiate the warranty process. You will be required to send the suspected faulty item to AVT Paints to an address specified at your expense. If the item is found to be faulty as much as is required by law you will be reimbursed for these costs, either through a refund or store credit as agreed by you.

AVT Paints also reserves the right to apply any service fees for any warranty claims to cover all costs incurred including inbound & return freight, supplier/manufacturer service fees etc. if the returned product is found to be not covered by warranty, warranty has expired, or no fault is found or the item was physically damaged.

Ordering Policy

AVT Paints is purely an online store and is not linked to Ironlak Art & Design store. Unless specifically instructed please do not return faulty items to Ironlak Art & Design stores.

Order Modify / Cancellation
No modification of orders (changing items) can occur after your order has been approved and is in the "Processing" status, unless the item is on a lengthy back order. 

To cancel/modify an order please email us at info@avtpaints.com and if it is possible we will attempt to change your order however it may be too late.


Dispatch Times
Dispatch times are usually the same day if order placed before 2pm AEST

Shipping Policy

Delivery & Return Policy
Your total cost for purchase of any product will include shipping and handling charges shown on the AVT Paints Australia invoice and before you place your order online.

Please note that customers are responsible for all freight charges for re-deliveries, incorrect delivery details and these are added to the invoice total.

Items unavailable (no stock)

Any items that are unavailable due to a change in stock availability will not be placed on back order. A representative from AVT Paints will contact you should we not be able to fulfil an order to find a suitable replacement or refund any payments.


Risk of Loss
AVT Paints Australia will arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s), and risk of loss passes to the Customer upon delivery to the carrier. AVT Paints Australia reserves a purchase money security interest in the product(s) until its receipt of the full amount due. Customer agrees to allow AVT Paints Australia to sign appropriate documents on Customer's behalf to permit AVT Paints Australia to protect its purchase money security interest. AVT Paints Australia will advise the Customer of estimated shipping dates, but AVT Paints Australia will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.

Payment Policy

Payment Ways & Terms
Orders: An order is not binding upon AVT Paints Australia until it is accepted & approved by AVT Paints Australia. AVT Paints Australia must receive full payment before it will accept, approve & process an order. Payment for product(s) ordered is due prior to shipment. 

AVT Paints Australia only accept payments made by;
• Credit or Debit Card (Visa and MasterCard

AVT Paints Credit Card Verification
As part of our verification process we will utilise various procedures to ensure ultimate protection to the Credit Card holder. 
These processes may include but not limited to charging a small amount randomly under $2 requiring confirmation prior to approval; verbal verification via phone or a request for written Authorization, photo identification including valid Driver Licence, Utilities bill or the copy of the credit card or a request for your bank statement displaying the debit entry 

Please note: AVT Paints reports all attempted credit card fraud immediately to Australian Federal Police (www.afp.gov.au)


Product Information Policy

Price Protection
Our website is updated frequently to ensure that you'll view the latest products and correct pricing available, and that you receive all of the latest savings. At the time you make a purchase you agree to the listed price. The listed price is subject to change. 

AVT Paints reserves the right to make changes and corrections in prices, products and specifications without notice due to errors arising from misprints, technical and human errors.

Product Images and other Images
All product images on AVT Paints Australia website may vary from the actual product. All typographical errors are subject to correction. Please note that images are only to be used as a point of reference and are not indicative, in any way, of the actual product. Many product use a colour indicator and due to the nature and difference in computer screens may not be a true and accurate reflection of the actual colour.

Product Descriptions and Specifications
Please be assured that AVT Paints make every effort to ensure product description accuracy, however specifications, features, documents, and graphics published may contain technical inaccuracies or typographical errors. If an error is made or a product is listed at an incorrect price, AVT Paints will endeavour to correct the error as soon as possible. 
Should you receive an order which does not match the online product description please contact AVT Paints Australia.

Product Availability
Please note that product availability is subject to change at any time. Stock showing as available at time of ordering may sell out and therefore be on backorder. AVT Paints will endeavour to fulfil your order as soon as possible and will notify you or update your item status with ETAs where possible. Should suppliers also not have the product in stock then you may request a modification, refund, or store credit.

Webcrawlers (MyShopping, StaticIce, Google etc)
AVT Paints.com.au does not accept any responsibility for errors made by companies such as MyShopping, StaticIce etc who retrieve data from our site and list it on their own. In these circumstances, it is the end user’s responsibility to ensure that what they are ordering is correct. If you have any questions concerning a product please do not hesitate to contact us, please keep in mind we do not refund or exchange for incorrect purchases.

Other Policy

Governing Law and Jurisdiction
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between AVT Paints Australia and Customer shall be governed by the laws of the State of Queensland or as defined by the Australian Consumer Law.

Severability
If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable law.

Waiver
The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.

Entire Agreement
These terms and conditions, together with the AVT Paints Australia's invoice respecting the products ordered by Customer, are the complete and exclusive agreement between AVT Paints Australia and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between AVT Paints Australia and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.

Limitation of Liability
Subject to ‘Competition and Consumer Act’ set out below our total liability with respect to any statutory guarantees (as that term is defined in the Competition and Consumer Act 2010 (Cth) (“CCA”)) when a problem with a product purchased by a consumer is major is limited to:
(a) payment to the consumer of the cost of purchasing the goods; or
(b) replacement of the goods or the supply of equivalent goods; or
(c) payment of an amount equivalent to any drop in value of the goods as a result of the major failure.

Subject to ‘Competition and Consumer Act’ set out below our total liability with respect to any statutory guarantee owed to a consumer when a problem with a product purchased by a consumer from us is minor is limited, at our option to:
(a) the replacement of the goods; or
(b) the repair of the goods; or
(c) the payment of the cost or replacing the goods or of acquiring equivalent goods.

All express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise) relating to these terms and conditions, that are not contained in it, are excluded to the fullest extent permitted by law.

Competition and Consumer Act
Nothing in this document excludes, restricts or modifies any condition, warranty, statutory guarantee, right or remedy, implied or imposed by common law, statute or regulation which cannot be lawfully excluded, restricted or modified, which may include the Competition and Consumer Act 2010 (Cth) and corresponding provisions and relevant laws containing implied terms and/or statutory guarantees which operate to protect the purchasers of goods and services in various circumstances.

 

AVT Paints

PO Box 977

Spring Hill

QLD 4004

+61 (0) 7 3823 5449

info@avtpaints.com