TERMS & CONDITIONS

1. ACCESS AND USE OF THE SITE

1.1 You must only use the Site in accordance with these Terms and Conditions and any applicable law.

1.2 You must not (or attempt to):

(a) interfere (or attempt to interfere) or disrupt (or attempt to disrupt) the Site or the servers or networks that host the Site;
(b) use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
(c) interfere (or attempt to interfere) with security-related or other features of the Site.

1.3 To place Orders you must:
(a) give us accurate and current personal information including your name, address, and a valid email address.
(b) you must be at least 18 years old, and have the capacity to enter into a legally binding agreement with us.

1.4 We do not warrant that the Site will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Site.

1.5 You must not link to our Site or any part of our Site in a way that damages or takes advantage of our reputation, including but not limited to
(a) in a way to suggest or imply that you have any kind of association and affiliation with us, or approval and endorsement from us when there is none; or
(b) in a way that is illegal or unfair.

2. INFORMATION ON THIS SITE

2.1 The Site and the content on the Site are subject to copyright, trademarks and other intellectual property rights. These rights are owned by or licensed to Axolotl Group Pty Ltd.

2.2 You must not reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Site except as permitted by statute or with our prior written consent.

2.3 Information about goods on the Site is based on material provided by third party merchants, suppliers and product manufacturers. Except as required by law (including the Australian Consumer Law) we are not responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.

2.4 Due to photographic and screen limitations associated with the representation of products, some actual products may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Site. In addition, where it is suitable to do so, some depictions of products are created or chosen by us for promotional purposes, and may not be an exact representation of the products received.

3. ORDER AND FORMATION OF CONTRACT

3.1 When making an Order, you must follow the instructions on the Site as to how to make your Order and for making changes to your Order before you submit it.

3.2 Once You select a product that you wish to order, irrespective of any previous price you have seen or heard, you will then be shown or told (on the Site) the price you must pay including GST and any other charges, including any Unless otherwise stated all charges are in Australian Dollars.

3.3 You must pay for the Order in full at the time of ordering by one of the payment methods we provide on the Site. You must be fully entitled to use the payment method or account used for purchases. The payment method or account must have sufficient funds or credit facilities to cover the purchase. Should you wish to pay by direct funds transfer you will need to place you order over the phone by calling Axolotl on 02 9666 1207.

3.4 If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact Customer service However, we cannot guarantee that we will be able to amend your Order in accordance with your instructions.

3.5 When you place an order, you will receive from us a Confirmation of Order by e-mail. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until you receive a shipment confirmation email from us. We are not obliged to supply the product to You until we have accepted Your Order. We may in our discretion refuse to accept an Order from You for any reason, including but not limited to
(a) unavailability of stock or we may offer you an alternative product (in which case we may require you to re-submit Your Order);
(c) if you are not the end user or we suspect that you might on sell our Products to other consumers. Axolotl Paint Shop sells and ships to end user customers only.

3.6 Until the time when we accept your Order, we reserve the right to refuse to process your Order and you have the right to cancel your Order. We will notify you if we are unable to If we or you have cancelled your Order before it has been accepted, we will promptly refund any payment already made by you to your original payment method.

3.7 Axolotl reserves the right to change prices for products displayed at the Axolotl Paint Shop at any time, however, subject to Section 3.8 herein, no changes will be made once the Order is confirmed by Axolotl.

3.8 Axolotl is not responsible for typographic errors. In the event of a typographical or technical error causing a mistake in price to be shown, Axolotl reserves the right to correct the error and charge you the correct price. Before it does so, Axolotl will notify you of the mistake and will offer you the opportunity for a full refund. You will receive a notification of this with or prior to your delivery..

3.9 Axolotl reserves the right to change the terms and conditions of sale at the Axolotl Paint Shop at any time, however no changes will be made once a consumer has completed a purchase, The current terms and conditions will be located on the Axolotl Paint website and should be reviewed by the consumer prior to commencing any purchase

4. DELIVERY

4.1 We aim to deliver products to you at the place of delivery requested by you within the time indicated by us at the time of your Order, but we cannot guarantee any firm delivery dates.

4.2 We will try to let you know if we expect to be unable to meet our estimated delivery date, but, to the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.

4.3 Axolotl Paint Shop will only sell and ship products within Australia. We will not ship our products to addresses outside Australia.

4.4 You must ensure that you are able to take delivery of the product without undue delay and at any time reasonably specified by us. If you are not, the couriers may leave a card giving you instructions on either re-delivery or collection from the carrier. If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the product to you) accept delivery or collect the product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:

(a) charge you for our reasonable storage fee and other costs reasonably incurred by us; or

(b) no longer make the product available for delivery or collection and notify you that we are cancelling the applicable Contract, in which case we will refund to you or your credit or debit card company as applicable any money paid to us, less our reasonable administration charges (including for attempting to deliver and then returning the product, and any storage fees as provided for above).

4.5 Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.

4.6 Unless otherwise specified by you, all risk in the product shall pass to you upon delivery. If delivery is delayed, risk shall pass at the date when delivery would have occurred. From the time when risk passes to you, we will not be liable for loss or destruction of the product.

5. CANCELLATION

5.1 We may terminate a Contract if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made. We will usually refund any money received from you using the same method originally used by you to pay for the product.

5.2 If you wish to cancel your order, please contact our Customer Service Team 02 9666 1207. No cancellation fees will apply. Once an order has been processed it cannot be cancelled and the item must instead be returned to us in accordance with the Returns Policy.

7. FAULTY PRODUCT RETURNS

7.1 We aim to provide you with Products of the highest standard and quality. If you have received a Product with a defect, please contact us on 02 9666 1207 as soon as possible. In order to assist the return process, you may be required to send us images of the damage, defect or fault for preliminary assessment.
7.2 If the Product is confirmed to have a defect, we will replace the Product or refund the Price of the Product to your original payment method at your request. If the Product is found not to have a defect or deemed out of warranty, we will ship the Product back to you.
7.3 It does not constitute a defect, if in our reasonable opinion, the Product has, following the sale to you, become of unacceptable quality due to misuse, failure to use in accordance with Axolotl’s instructions, using it in an abnormal way or failure to take reasonable care.

8. RETURNS

8.1 In addition to the statutory rights to which you may be entitled under the Competition and Consumer Act 2010 and other applicable Australian consumer protection laws and regulations.

(a) Tinted paint will not be accepted for return or exchange. Axolotl will not refund or exchange if you change your mind.

(b) if you are not satisfied with our products please notify Axolotl on 02 9666 1207 immediately. Upon agreement to accept return of products you should return goods within 14 days at your cost.

(c) Goods must be returned in original condition. If goods are not in original condition, Axolotl reserves the right to refuse a refund or exchange.

8.2 The cost of returned goods will be refunded by the same method as the payment. However, we will not be able to refund any delivery fees that you have paid at purchase to have the Product shipped to you.

8.3 Upon receiving and inspection of your return, we will contact you about next steps. Once determined the return is in compliance with clause 8.1, we will, at your request,
(a) refund the Price of the Product returned to your ;
(b) exchange the Product for the same products or other products to the same value.

8.5 Nothing in this clause is intended to exclude any rights in clause 6 or any of your statutory rights as a consumer under Australian Consumer Law.

9. Product Warranty

Metta & Chroma Paint (acrylic)

GUARANTEED BY AXOLOTL PTY LTD (AXOLOTL) DATE OF ISSUE: 20.10.2016

Purchasers of Metta and Chroma paints are advised that application of the products must be carried out strictly in accordance with the technical specifications and instructions issued by Axolotl.

Subject to usage in accordance with the above specifications, Axolotl agrees that in the event of any defect in respect to usage and application of the products, Axolotl will replace the products free of charge. The within warranty is effective for a period of seven years following the date of sale of the products.

The within warranty does not extend to consequential damage whether arising from product fault or faulty application, costs associated with contractors or labour costs.

This warranty is also conditional upon prompt notification to Axolotl of any claim involving defective products and full co-operation being given to Axolotl and its agents and representatives in allowing access to the products as applied for the purposes of examination and analysis.

Elastomeric Membrane and Clear Primer

GUARANTEED BY AXOLOTL PTY LTD (AXOLOTL) DATE OF ISSUE: 20.10.2016

Purchasers of Elastomeric Membrane, the Axolotl Clear Primer undercoat are advised that application of the products must be carried out strictly in accordance with the technical specifications and instructions issued by Axolotl.

The within warranty does not extend to consequential damage whether arising from product fault or faulty application, costs associated with contractors or labour costs.

Axolotl Cement Paint

GUARANTEED BY AXOLOTL PTY LTD (AXOLOTL) DATE OF ISSUE: 20.10.2016

Purchasers of Axolotl Cement-based Paint are advised that application of the products must be carried out strictly in accordance with the technical specifications and instructions issued by Axolotl.

Subject to usage in accordance with the above specifications, Axolotl agrees that in the event of any defect in respect to usage and application of the products, Axolotl will replace the products free of charge. The within warranty is effective for a period of five years following the date of sale of the products.

The within warranty does not extend to consequential damage whether arising from product fault or faulty application, costs associated with contractors or labour costs.

10. DISCLAIMER AND LIABILITY

10.1 This clause prevails over all other clauses, and, to the extent permitted by law, states our entire Liability, and your sole and exclusive remedies, for:
(a) the performance, non-performance, purported performance or delay in performance of these Terms and Conditions or a Contract or the Site (or any part of it or them); or
(b) otherwise in relation to these Terms and Conditions or the entering into or performance of these Terms and Conditions.

10.2 Nothing in this Contract excludes, restricts or modifies any condition, warranty, right or liability implied into this Contract (including any condition, warranty, right or liability imposed by the Competition and Consumer Act 2010), and this Contract should at all times be read subject to your relevant statutory consumer rights.
10.3 In performing any obligation under these Terms and Conditions, our only duty is to exercise reasonable care and skill.
10.4 Subject to clause 9.3:
(a) To the extent permitted by law, we do not warrant and we exclude all Liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Site;
(b) We exclude all Liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature;
(c) You should not rely on any information accessed using the Site to make a purchasing decision – you should make your own enquiries before forming your own opinion and taking any action based on any such information.
(d) It is your responsibility to ensure that the products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the products will meet your individual requirements. You acknowledge that the products are standard and not made bespoke to fit any particular requirements that you may have.
(e) We do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the provisions of these Terms and Conditions.
(f) To the extent permitted by law in no event shall we, our affiliates and related entities or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the Site, our services or these Terms and Conditions.
(g) Our total Liability under any Contract shall in no circumstances exceed,
(i) in the case of Products, the replacement of the Products or the supply of equivalent Products, the repair of the Products, the payment of the cost of replacing the Products or of acquiring equivalent Products, or the payment of the cost of having the Products repaired; or
(ii) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

10.5 These terms and conditions set out the full extent of our obligations and liabilities in respect of the supply of the Products under this Contract and there are no warranties, conditions or other terms that are binding on us except as expressly stated in the Contract.

10.6 Nothing in the Contract shall limit or exclude our liability for death or personal injury caused by our negligence.

10.7 Subject to the Conditions in this clause 9, we will not be liable under the Contract 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.

10.8 Subject to the Conditions in this clause 9, our maximum aggregate liability under the Contract whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.

11. INDEMINITY

You indemnify and hold us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms and Conditions or your breach of any law or the rights of a third party.

12. PRIVACY POLICY

Please see our Privacy Policy.

13. MEDIATION AND DISPUTE RESOLUTION

In the event of any dispute under these Terms and Conditions the parties agree to negotiate in good faith to resolve the dispute. Any dispute or difference whatsoever arising out of or in connection with these Terms and Conditions which cannot be resolved by the parties shall be submitted to mediation in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Mediation and Conciliation Rules.

14. GENERAL

14.1 Entire agreement: These Terms and Conditions contain all the terms agreed between the parties regarding its subject matter and supersedes and excludes any prior agreement, understanding or arrangement between the parties, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to these Terms and Conditions except as expressly stated in these Terms and Conditions. However, the service and products are provided to you under our operating rules, policies, and procedures as published from time to time on the Site.

14.2 Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms and Conditions We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms and Conditions to any person.

14.3 Force majeure: We shall not be liable for any breach of our obligations under these Terms and Conditions where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).

14.4 No waiver: No waiver by us of any default of yours under these Terms and Conditions shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under these Terms and Conditions.

14.5 Notices: Unless otherwise stated within these Terms and Conditions, notices to be given to either party shall be in writing and shall be delivered by electronic mail at the email address you supplied to us or to us at our registered office.

13.6 Third party rights: All provisions of these Terms and Conditions apply equally to and are for the benefit of Axolotl, its subsidiaries, any holding companies of Axolotl, its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that these Terms and Conditions may be varied or rescinded without the consent of those parties).

14.7 Survival: The provisions of clauses that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such.

14.8 Severability: If any provision of these Terms and Conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected.

14.9 Governing law: These Terms and Conditions (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the law of New South Wales and both parties hereby submit to the jurisdiction of the courts of New South Wales.

14.10 Change of the Terms and Conditions: We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted online. However, continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions.

14.11 The invalidity or unenforceability of any provision of the Contract shall not adversely affect the validity or enforceability of the remaining provisions.

14.12 Neither our failure or your failure to enforce any term of the Contract constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such term.

14.13 We will not be liable for any loss or damage suffered or incurred by you arising from our delay in fulfilling or failure to fulfil or otherwise discharge any of our obligations under the Contract, to the extent that such delay or failure is caused by any circumstance beyond our reasonable control. Where such delay exceeds 30 days, or we are not able to discharge our obligation within 30 days, you will have the option to cancel your Order.

14.14 While every effort is made to ensure the description, pictures and specification of the goods are accurate, we cannot accept any responsibility for minor discrepancies.

15. DEFINITIONS AND INTERPRETATION

15.1 Definitions
In these Terms and Conditions unless the contrary intention appears:

Breach of Duty means the breach of any
(a) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract; or
(b) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty);
Business Day means a day which is not a Saturday, Sunday or a public holiday in Sydney Australia;
Company means Axolotl Pty Ltd (ABN 98 000 377 686) and its representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, partners, and independent contractors;
Confirmation of Order means our email to you, in which we accept your Order;
Contract means the sale of goods agreement between you and us for the supply of products you have ordered in accordance with this Terms and Conditions;
Delivery means the process in clause 4 of these Terms and Conditions;
Delivery Fee means any charges you are liable to have the products delivered to the address provided by you;
GST means the Goods and Services Tax;

Axolotl Warranty means Axolotl’s standard product warranty, the full terms of which are set out below;
Site means our web site for customers in Australia located at http://www.axolotlpaint.com;
Accessory means any ancillary Product;

Axolotl Branded Product means Product that is manufactured by or on behalf of Axolotl and carries the Axolotl trademark;
Axolotl Warranty means Axolotl’s standard product warranty, the full terms of which are set out above;

Condition means a condition contained in these terms and conditions;

Invoice means the invoice issued by us to you showing the price of the Products and which is your proof of purchase;

Non- Axolotl Branded Product means any product that is not Axolotl Branded;
Product means any product listed on the Axolotl Shop Web Site which we agree to supply to you on these terms and conditions;
Liability means liability in or for breach of contract, Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with these Terms and Conditions, including, without limitation, liability expressly provided for under these Terms and Conditions or arising by reason of the invalidity or unenforceability of any term of these Terms and Conditions (and for the purposes of this definition, all references to these Terms and Conditions shall be deemed to include any collateral contract);
Order means the order submitted by you to the Site to purchase products from us.

15.2 Interpretation
(a) Headings are for ease of reference only and shall not affect the interpretation or construction of these Terms and Conditions.
(b) Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership.
(c) Words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons.
(d) References to includes or including or like words or expressions shall mean without limitation.