This page (together with the documents referred to on it) informs you of the terms and conditions in which we supply any of the product (Products) listed on our website Swimmingpoolpaints.com.au (our site) to you. Please read these terms and conditions (Terms) carefully before ordering any Products from our website. You should understand that by ordering any of our Products, you agree to be bound by these Terms.
Omega Industries Pty Ltd: ABN 35 100 230 019
Our Registered office address is:
111 Kurrajong Ave,
Mount Druitt ,NSW, 2770.
Our site is only intended for use by people residing in Australia.
By placing an order through our website, you warrant that:
You can order products from us at any time at Swimmingpoolpaints.com.au. You can also order products from us by phone on 02 9832 0000 and our lines are open Monday to Friday from 8.00am to 4.30pm AEST (excluding National Holidays).
When you place an order, you will receive an acknowledgment email confirming receipt of your order (the Order Confirmation). This email will only be an acknowledgment and will not constitute acceptance of your order. Each order placed for Products through our site that we accept constitute a separate legally binding agreement between you and us for the supply of those Products. For each order accepted by us, we will:
If we reject an order placed through our site, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
Delivery times are between 8.00am and 5.00pm Monday to Friday excluding national holidays and we cannot specify an exact time when we will deliver. Our delivery drivers are required to obtain a signature for all deliveries. However, you can provide us with an authority to leave your order behind without obtaining a signature by writing in the Comments Section of the order form
Most deliveries are attempted once and the driver will leave items ordered. When ordering, please state the floor level of your delivery address if it is not at ground level. Please note, we can only deliver to a physical address. Examples of addresses we cannot deliver to include, but are not limited to, PO Boxes and Locked Bags.
There may be unforeseen circumstances where we are unable to meet our next day delivery promise. These include but are not limited to:
There may be times where your order will be split and delivered to you in separate deliveries. We will inform you of this arrangement if it has been made for your delivery.
On some rare occasions your ordered items may be on backorder. This means we don’t have enough stock to fulfil your order. These backorder items will be delivered to you at a later date when we restock.
Here is a sample Sales Order Confirmation to show you how you will be informed of split delivery and backorder situations.
Delivery costs are as follows:
We reserve the right to vary delivery costs from time to time. Delivery is only available in eligible serviced areas.
For further information on delivery timescales, please contact Customer Services on 02 9832 0000.
By selecting ‘Yes’ at the checkout page (or if you selected this option over the telephone with our Customer Service Center, Swimmingpoolpaints.com.au will leave your parcel at your unattended premises in accordance with your instructions.
You agree that the parcel is deemed received when left at your premises.
Swimmingpoolpaints and contractors associated with the delivery, do not accept responsibility for any loss or damage which results from this Authority to Leave delivery method. You agree to release Swimmingpoolpaints from and against any and all claims, demands, liabilities, losses, costs and expenses, including financial and other consequential losses, made, suffered or incurred by you or any other person or entity as a result of this Authority to Leave.
If you do not give Staples Authority to Leave, you will have to be at your premises in order for the delivery to occur.
The Products will be at your risk from the time of delivery. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
Prices are subject to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation. Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing.
Payment for all Products must be by credit card. We accept payment by the following credit and debit cards: American Express®, Visa® and MasterCard®. Please note that you must pay for the Products at the time you place your order. If you choose to pay by credit or debit card, Omega Industries has chosen PayPal to provide secure payment services and the transaction will go through the PayPal website. PayPal details are as follows: ” PayPal ” means the company PayPal Australia Pty Limited (ABN 93 111 195 389) which holds Australian Financial Services Licence number 304962
No credit card information is provided to us and completion of the transaction will be subject to you agreeing to PayPal’s terms and conditions as a separate contractual relationship is created between you and PayPal. Please can you ensure that you are happy to agree to PayPal’s terms and conditions before choosing to pay by credit or debit card. If you require the Products to be delivered to an alternate address other than that which your credit or debit card is registered to, we may need to verify your details before we can process your order.
Goods ordered from us will not incur any additional fees or charges. Fees we will not charge you for include:
Please note that when you enter into a contract with a third party seller/supplier through our site, including with Paypal (for example if you decide to pay by credit or debit card), the seller/supplier’s individual liability will be set out in their terms and conditions. Please ensure that you are happy with the terms of that contract and seek legal advice if necessary.
To the fullest extent permitted by law, we give no express warranty in relation to Products and services supplied to you, and you acknowledge that you have not relied on any representation or warranty made by or on behalf of us. Where any of the consumer guarantees under the Competition and Consumer Act 2010 (the CCA) apply to any Products or services supplied by us to you, and the CCA voids or prohibits provisions in a contract excluding, restricting or modifying such consumer guarantees, then, to the fullest extent permitted by law, our liability under or arising out of the supply of goods and services for breach of, or failure to comply with, any such consumer guarantees shall be limited, at our option, to:
We reserve the right to recover from you all goods and services tax (GST) payable in respect of the supply of goods and services to you.
We will accept product returns for a replacement, repair or refund if the goods provided were not of an acceptable quality. You may also return goods if you change your mind and will receive a credit for the returned goods. It will cost a restocking fee 24% of your Orders.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights. Please note that our Contract and all communications between us will be in English.
We have the right to revise and amend these Terms at any time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
You will be subject to the policies and Terms in force at the time that you order Products from us, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the Terms, unless you notify us to the contrary within 7 business days of receipt by you of the Products).
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by the laws of New South Wales or, where applicable, the Commonwealth of Australia. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of New South Wales.
Colours selected through the Swimmingpoolpaints.com.au may vary with a slight variance from displayed.