Terms and Conditions

Online Shopping T’s & C’s

These Terms contain important information about the ordering, processing and delivery of Goods that apply to all purchases made at thecoulourshack.com.au.

Terms and Conditions may be updated or changed from time to time.

Other important terms may also apply to specific terms for certain items as identified in the product description field on the website, for example, goods classified as dangerous goods for shipment.

Compliance with these terms

You will be bound by these Terms and Conditions each time you submit an Order.

Placing Orders for Goods

You acknowledge that all Goods purchased under these Terms are intended for personal non-commercial use only and will not be re-sold. You acknowledge that any products purchased under these Terms are not for re-sale.

The Colour Shack (TCS) will not be liable to you for loss you or any third party suffers for a delay or failure to process your Order or deliver Goods due to inaccurate or incomplete details provided in an Order.

You may Order from The Colour Shack if you are aged 16 years or over, and have an active email account or a telephone number at which you can be contacted.

If you place consecutive or separate Orders, we cannot consolidate your Orders. A separate Delivery Fee, if applicable, will apply to each Order. You can order as many Goods as you wish in one Order.

The Colour Shack reserves the right to accept or reject your Order for any reason at any time. If we reject your Order you will receive a refund of any money paid.

Availability of Goods

From time to time, some Goods may be out of stock or are unavailable.  If an item is not in stock, you will not be able to add the item to your cart.  You are most welcome to send an enquiry to support@thecolourshack.com.au to check on the next available date.

We may withdraw or suspend from sale any Good displayed on the Website, either temporarily or permanently, at any time. The Colour Shack will not be liable to you for any loss you or any third party suffers as a result of a withdrawal or suspension of sale of a particular Good.

Where a Good which is the subject of an Order has been withdrawn or suspended from sale and your payment for the Good has already been processed, we will refund any money paid to us.

If your Order is affected by a genuine error (including in a description, an image or a Price), we reserve the right to cancel your Order and refund any money paid to us.

Pricing & Payment

When you place an Order, we will charge you and you agree to pay the Price and any applicable Delivery Fee.

All Prices are in Australian Dollars and, if GST applies, inclusive of GST. Any fees and charges (including Delivery Fees) imposed by these Terms also include GST where applicable.

Payment methods include credit card, PayPal or TCS Gift Card. The name on any credit card used for payment must match the name on the Order. We do not accept cash or cheque payments.

Any payment for an Order must be cleared by TCS before Goods are dispatched. If your payment cannot be processed, your Order will be rejected and you will be notified of this on the Website. If a credit card payment cannot be processed you should contact your card issuer to try to resolve the problem, or use an alternative payment method in order to continue with your Order.

In paying or attempting to pay for Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.

Order Cancellations & Returns

Unless provided for under these Terms or as otherwise agreed by TCS, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the Delivery Address in an Order. You should carefully check that your Order is accurate before you submit it. You will, however, be able to return Goods under the Returns Policy.

If we cannot contact you about your Order using the contact details you provided in the Order, after having made reasonable attempts to contact you, we will cancel your Order and refund any money paid via the original payment method.

Delivery Fees will not be refunded if you return Goods for change of mind or you made an incorrect selection, including if you ordered the incorrect quantity, colour etc.

Goods can only be returned in accordance with these Terms and the Returns Policy. The Returns Policy forms a part of these Terms.

The Colour Shack will process any refunds within a reasonable time of agreeing to do so.

If the original payment was made on a credit card, refunds will be processed on the same card as the original payment was made.

If you would like to make a return under the Returns Policy please call the Customer Support Centre on 04 2372 7957 or email support@thecolourshack.com.au .

Product Recalls

If a Good is subject to a product recall, a notice will be posted in the Product Recall notice section of the Website. You can return recalled Goods as instructed in the Product Recall notice.

Privacy

Personal Information, which you provide to us during the Order process or through the Customer Service Centre including contact details, will be kept, used and disclosed by us in accordance with TCS Privacy Policy for the purpose of processing and delivering your Order. See Privacy Policy for further information on how to access or update your Personal Information.

Unless otherwise indicated in your account settings or at the time you place your Order, TCS may send you marketing information from time to time.

If you wish to change or update your online account information (including your email address, password or communication preferences), simply login to your account.

The Colour Shack reserves the right to conduct and implement fraud detection processes, including without limitation to validating your credit card details.

Risk & Liability

Risk and title in the Goods pass to you on the date and time of delivery of the Goods by the Delivery Agent.

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.

The Colour Shack may provide an additional warranty in addition to your Consumer Law rights and remedies. Any warranties given provide you with benefits in addition to the Australian Consumer Law rights and remedies. When provided, the warranty period, provisions and the person providing the warranty relating to your purchase vary according to the product you have purchased. Please refer to product packaging and brochures to determine the warranty term and warranty conditions for your purchase.

The Colour Shack excludes to the fullest extent possible under Law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms.

The Colour Shack will not be liable for any expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Terms.

Our liability to you for loss or damage of any kind arising out of these Terms will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.

Termination

We may, at our discretion, terminate the agreement for the supply of Goods to you:

•              For convenience, at any time, on giving notice to you; or
•              Immediately if The Colour Shack reasonably believes that you have breached these Terms
•              That the breach is not capable of remedy; or

If you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).

General

We reserve the right at all times to make changes to these Terms. Any variations to these Terms will take effect from posting on the Website. The Terms which apply at the time you place an Order are those that govern that Order.

The Colour Shack may give notice to you by electronic mail. You may give notice to The Colour Shack by electronic mail to our Customer Support Centre.

Any provision of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceable. That does not invalidate the remaining provisions of these Terms or affect the validity or enforce ability of that provision in any other jurisdiction.

A failure or delay by The Colour Shack to exercise a power or right under these Terms does not constitute as a waiver of that power or right, and the exercise of a power or right by Riot does not preclude its future exercise or the exercise of any power or right.

The laws of New South Wales, Australia govern this agreement. Your transaction is deemed to have taken place in Sydney, NSW, Australia.