Terms and Conditions of Sale
1. General
1.1. These Terms and Conditions apply to all goods supplied by Darryl Hathway Painting & Decorating Pty Ltd (“we”, “us”, “our”) to you (“the Customer”, “you”, “your”). By placing an order with us, you agree to these Terms and Conditions.
2. Purchase and Payment
2.1. All prices listed on our website or quoted to you are inclusive of GST.
2.2. Payment for the goods must be made in full at the time of purchase. We accept payment via cash, bank transfer, Visa, and Mastercard (plus applicable surcharges).
2.3. Orders will only be processed and goods made available for collection after full payment has been received.
3. Delivery and Collection
3.1. All goods purchased must be collected in person from our store or designated pickup location. No delivery options are available due to the nature of the product.
3.2. Risk in the goods passes to you upon collection. You are responsible for ensuring the safe transportation and handling of the goods from the point of collection.
4. Returns and Refunds
4.1. Goods are not supplied on a sale or return basis.
4.2. Goods may be returned for exchange or credit if they are returned to us within 7 days of collection, in their original condition and packaging, and are accompanied by the original invoice.
4.3. Any returns are at our discretion, and a restocking fee may apply.
4.4. No returns will be accepted without prior written approval from us.
5. User Responsibility and Liability Waiver
5.1. By purchasing goods from us, you acknowledge that you assume all responsibility for the safe handling, storage, and use of the products. You agree to follow all safety instructions provided with the product, including any provided in the Safety Data Sheet (SDS).
5.2. Darryl Hathway Painting & Decorating Pty Ltd is not liable for any injuries, damages, or losses resulting from improper use, misuse, or unauthorized modifications of the product.
5.3. You release Darryl Hathway Painting & Decorating Pty Ltd, its officers, employees, and agents from any and all liability, claims, or demands arising from the use or misuse of the product.
5.4. We make no warranties, express or implied, regarding the safety, effectiveness, or suitability of the product for any particular use.
6. Limitation of Liability
6.1. To the extent permissible under Australian Consumer Law, our liability for any breach of guarantee in relation to the supply of goods is limited, at our discretion, to:
- Replacing the goods, or
- Providing a refund for the goods.
6.2. We are not liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, arising out of or in connection with the use of our goods.
6.3. All goods we sell are covered by the manufacturer’s warranty. On behalf of the customer, we will assist in achieving a resolution suitable for all parties in the event of any claims arising from faulty goods.
7. Indemnity
7.1. You agree to indemnify us, our directors, contractors, and agents against any loss, claim, demand, suit, action, or proceeding brought against us or them arising from any breach of these Terms and Conditions by you or from your misuse of our goods.
8. Intellectual Property
8.1. All intellectual property related to Darryl Hathway Painting & Decorating Pty Ltd, including but not limited to trademarks, logos, website content, and marketing materials, remains the property of Darryl Hathway Painting & Decorating Pty Ltd. You agree not to use or reproduce any such intellectual property without our prior written consent.
8.2. Intellectual property related to the products we stock, such as trademarks, logos, and product descriptions, remains the property of their respective owners. You agree not to use or reproduce any such intellectual property without the prior written consent of the respective owner.
9. Advice and Information Disclaimer
9.1. Any advice, suggestions, or implications provided by Darryl Hathway Painting & Decorating Pty Ltd regarding the usage, storage, or expected results of the products we stock are based on our general experience and knowledge from long-term use of similar products.
9.2. This information is intended for general guidance only and may not cover all specific circumstances or conditions. For final and authoritative details, technical information, and instructions, we strongly recommend consulting the product manufacturer directly.
9.3. All advice is given after receiving detailed information about your project and is based on practical experience over many years, including advice on how to apply coatings, use products, and obtain the best results. We cannot be held responsible for misuse of materials or unforeseen circumstances that may affect the success of outcomes.
10. Privacy
10.1. We respect your privacy and will handle your personal information in accordance with our Privacy Policy, which is available on our website. By placing an order with us, you agree to the collection, use, and disclosure of your personal information as described in our Privacy Policy.
11. Governing Law
11.1. These Terms and Conditions are governed by the laws of Queensland, Australia. Any disputes arising from or in connection with these Terms and Conditions will be subject to the exclusive jurisdiction of the courts of Queensland.
12. Updates to Terms and Conditions
12.1. We reserve the right to update these Terms and Conditions at any time. Any changes will be effective immediately upon posting on our website. Your continued use of our services following any changes indicates your acceptance of the updated Terms and Conditions.