Terms and conditions of use

These Terms and Conditions govern the supply by us of any Product ordered by you on the site. By agreeing to order a Product, you agree to be legally bound by these Terms and Conditions.

In these Terms and Conditions:

“Account” means the account that you will need to register for on the Site if you would like to submit an Order on the Site;

“Acknowledgement” means our acknowledgement of your Order by email;

“Business Day” means a day in which is neither (i) a Saturday or Sunday, nor (ii) a public holiday anywhere in Australia;

“Confirmation of Order” means our email to you, in which we accept your Order;

“Contract” means your Order of a Product or Products in accordance with these Terms and Conditions which we accept;

“Customer” means individual who places an Order on the Site;

“Order” means the Order submitted by you to the Site to purchase a Product or Products from us;

“You” means the Customer who places an Order;

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;

References to “includes” or “including” or like words or expressions shall mean without limitation.

References to “we”, “us” or “our” are references to Airbrush Supply Network Pty Ltd, ABN 00 000 000 000, 1/14 Shelley Avenue, Kilsyth VIC 3137 AUSTRALIA.

1. These Terms and Conditions shall apply to all Orders and Contracts made or to be made by us for sale and supply of Products. When You submit an Order to us, give any delivery instruction or accept delivery of the Products this shall in any event constitute your unqualified acceptance of these Terms and Conditions. Nothing in there Term and Conditions affects your statutory rights (including the right to insist that goods you buy from businesses must correspond with their description, be fit for their purpose and of satisfactory quality).
2. These Terms and Conditions shall prevail over any separate terms put forward by You. Any conditions that You submit, propose or stipulate in whatever form and whatever time, whether in writing, by email or orally, are expressly waived and excluded.
3. No other terms or changes to the Terms and Conditions shall be binding unless agreed in writing and signed by us.
4. 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 prospective Order before you submit it to the Site.
5. Irrespective of any previous price You have seen or heard, once You select a Product that You wish to Order, You will then be shown or told (on the Site) the charges You must pay including GST, if applicable, and any applicable delivery charges. Unless other wise stipulated on the Site, all charges are in the currency then in force in Australia, this is the total that you will pay for receipt of the Ordered Product.
6. You are required to pay for the Product in full at the time of ordering by supplying your credit or debit card details from a credit or debit card company acceptable to us or by Paypal, which we require in order to process you Order. Alternatively You may pay by any method that we have said is acceptable to us, but in any event we shall not be bound to supply before we have received cleared funds in full. Depending on the results of a credit check we reserve the right not to offer certain forms of payment and to refer you to our other forms of payment. If You are asked for details of a payment card, You must be fully entitled to use that card or account. The card or account must have sufficient funds to cover the proposed payment to us.
7. You undertake and warrant that all details You provide to us for the purpose of purchasing the Product from us will be correct, that the credit or debit card or account or other payment method which You use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your payment details before providing you with the Product.
8. When You submit an Order to the Site, You agree that You do so subject to these Terms and Conditions current at the date You submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit your Order.
9. Your Order remains valid as an Order until we issue our Confirmation of Order or, if earlier, when we receive your notice revoking your Order.
10. We are not obliged to supply the Product to You until we have accepted your Order. Unless expressly stating that we accept your Order, an email, letter, fax or other Acknowledgement of your Order by us is purely for information purposes and does not constitute the Confirmation of Order. In that Acknowledgement, we may give You an Order reference number and details of the Product You have ordered. We may in our discretion refuse to accept an Order from You for any reason, including unavailability of supplies or we may offer You an alternative Product (in which case we may require You to re-submit your Order first).
11. A Contract shall be formed and we shall be legally bound to supply the Product to You when we accept your Order. Acceptance shall take place when we expressly accept you Order by email to You, in the form of a document called a “Confirmation of Order” stating that we are accepting your Order. Our Confirmation of Order shall be deemed to come into effect when it has been dispatched by us. Without affecting your obligation to pay us earlier, we may send and invoice to You at any time after we have accepted you Order. Until the time when we accept your Order, we reserve the right to refuse to process your Order and You reserve the right to cancel your Order. If we or You have cancelled your Order before we have accepted it, then we will promptly refund any payment already made by You for the order of the Product.
12. If You discover that You have made a mistake with your Order after You have submitted it to the Site, please contact info@airbrushsupplynetwork.com.au immediately. However, we cannot guarantee that we will be able to amend your Order in accordance with you instructions.
13. We try very hard to ensure that the price given to You is accurate, but the price of your Order will need to be validated by us as part of our acceptance procedure. If the price for the Order changes before we accept your Order, we will contact You and ask You to confirm that You wish to proceed at the amended price.
14. We aim to deliver the Product to You at the place of delivery requested by You in your Order.
15. We aim to deliver within the time indicated by us at the time of your Order (and updated in the Confirmation of Order) but we cannot promise an exact date when You submit your Order or at the Confirmation of Order.
16. We shall aim to let You know if we expect that we are unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to You for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
17. On Delivery of the Product, You may be required to sign for delivery, unless You grant us ‘authority to leave’. You agree to inspect the Product for any obvious faults, defects or damages before You sign for delivery. You need to keep receipt of the delivered Product in case of future discussions with us about it.
18. You may grant us an ‘authority to leave’ when placing your Order. If You do, You understand and agree that this authority to leave gives us and/or our selected couriers permission to leave the Order in question unattended by the front door – or, where applicable, at the reception or concierge’s desk – of the delivery address without obtaining a signature confirming delivery at the delivery location. In such circumstances, You understand and agree that by granting us authority to leave, we and our couriers are released of all responsibility and liability for the Orders delivered and left unattended and that this responsibility and liability transfer to You on delivery.
19. Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform You by using the contact details that You provided to us when You made your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
20. Unless otherwise specified, all risk in the Product shall pass to You upon delivery except that, where delivery is delayed due to a breach of your obligations under a Contract, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to You, we will not be liable for loss or destruction of the Product.
21. You must take care when opening the Product so as not to damage it, particularly when using any sharp instruments.
22. You shall ensure that You are ready for safe receipt of the Product without undue delay and at any time reasonably specified by us.
23. If You are not available to take delivery or collection, we may leave a card giving you instructions on either re-delivery or collection from the carrier.
24. 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:   24.1. Charge You for our reasonable storage fee and other costs reasonably incurred by us; or  24.1.1. No longer make the Product available for delivery or collection and notify you that we are immediately cancelling the applicable Contract, in which case we will refund to You any money already paid to us under the applicable Contract, less our reasonable administration charges (including for attempting to deliver and then returning the Product, and any storage fees as provided above).
25. We may cancel 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.
26. If You wish to cancel your order please contact our friendly customer service team on 1300 247 278. No cancellation fees apply. Once an Order has been dispatched it may not be cancelled.
27. We warrant that the Product will be delivered undamaged in the quantities ordered and the Product will conform with the manufacturer’s latest published instructions as in our Product material at the time of your Order.
28. The Product is intended to be used strictly in accordance with the manufacturer’s latest published instructions as in our Product material. It is your responsibility to ensure that You use the Product strictly in accordance with those instructions.
29. Before delivery, we may make minor adjustments to material, colour, weight, measurements, design and other features to the extent that they are reasonable.
30. We  try very hard to deliver Products in excellent condition. However, if You tell us that the Product is faulty, You agree to keep the Product in its current condition available for us (or our agent) to inspect within a reasonable time.
31. In order to provide You with any remedies for a faulty Product, we may need your assistance and prompt provision of certain information regarding the Product, including:    31.1. You specifying with reasonable detail the way in which it is alleged that the Product is damaged or defective;    31.1.1. You providing us with the delivery note number and such other information as we reasonably require.
32. If You would like us to repair, replace or provide a refund for the Product where it did conform to the applicable Contract, and we find that the alleged Product has:    32.1. Been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions;    32.1.1. Been involved in any accident or damage caused by an incorrect attempt at modification or repair;    32.1.1.1. Been dealt with or used contrary to our or the manufacturer’s instructions for the Product;   32.1.1.1.1. Deteriorated through normal wear and tear.    After delivery by us, we may at our discretion decide not to repair, replace or refund You for the Product and/or we may require You to pay all reasonable carriage costs and servicing costs at our current standard fees and cost and charge this to your credit or debit card or payment details provided by You when You made your Order, and to the extent permitted by law, we shall not be liable to You for any losses, liabilities, costs, damages, charges or expenses as a result.
33. You may use promotional vouchers and gift vouchers as payment for certain Products on the Site. Please note that, notwithstanding anything else in these Terms and Conditions, promotional vouchers and gift vouchers cannot be used as a form of payment on certain Products. Products which cannot be purchased with promotional vouchers or gift vouchers will be identified as such in the written description given of those Products.
34. For the avoidance of doubt, gift vouchers can be differentiated from promotional vouchers in that they will always be labeled ‘gift voucher’ and will only ever come in a physical form.
35. You may purchase gift vouchers for use on the Site by You or other Customers. Gift vouchers will be sent by post. We accept no liability for errors in the address of the voucher recipient.
36. We will email promotional vouchers to You. We accept no liability for errors in the email address of the voucher recipient.
37. If You have a gift voucher or a promotional voucher, the voucher an be used by someone other that You and You can assign your rights to use that voucher.
38. We assume no liability for the loss, theft or illegibility of gift vouchers or promotional vouchers.
39. Gift vouchers and promotional vouchers are only valid for a specified period which will be stated on them. They can only be redeemed once and cannot be used in conjunction with other offers (including, for the avoidance of doubt, sales, promotions and other vouchers). Individual brands or items may be excluded from voucher promotions.
40. If You place an Order for a Product less that the value of the gift voucher or promotional voucher, no refund or residual credit will be returned to You.
41. The credit of a gift voucher or promotional voucher does not accrue interest nor does it have a cash value.
42. If the credit of the gift voucher or promotional voucher is insufficient for the Order You wish to make, You may make up the difference through payment by other means (but not by using another gift voucher or promotional voucher or attempting to rely on other offers).
43. Please note that only one gift voucher or promotional voucher can be used per Order.
44. Gift vouchers and promotional vouchers cannot be used to purchase further gift vouchers or promotional vouchers.
45. An Order for a gift voucher can be cancelled by contacting us on 1300 247 278 at any time before the gift voucher has been sent.
46. A gift voucher or promotional voucher is considered to have been redeemed if it is used as payment in placing an Order.
47. For the avoidance of doubt, gift vouchers and promotional vouchers cannot under any circumstances be redeemed for cash.
48. Promotions, competitions and giveaway participants are limited to one (1) entry per draw.
49. Winners will have seven (7) days to claim their prize, at which time the prize will be withdrawn.
50. Entry into a promotion is not open to our employees, teachers, assistance, agents, sponsors, suppliers or any persons connected with the promotion of a competition.
51. Incomplete or indecipherable entries will be deemed invalid.
52. We reserve the right to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions may be accepted at our discretion.
53. If for any reason a promotion is not capable of running as planned, including but not limited to, technical failures, unauthorized intervention or security concerns, we reserve the right in out sole discretion to disqualify and individual and to cancel, terminate, modify or suspend a promotion.
54. The use of any automated software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
55. Entrants consent to us using the entrant’s name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without any remuneration for the purpose of promoting this competition (including any outcome) and promoting products sold by us.
56. If for whatever reason the original prize is unavailable, we, in our sole discretion, reserve the right to substitute the prize with an offer of equal value.
57. Except for any liability that cannot be excluded by law, we (including its officers, employees and agents) exclude all liability (in contract or tort, and including negligence) for any personal injury or any loss or damage (whether direct, indirect, special or consequential) arising in any way out of a promotion including but not limited to, where arising out of the following:    57.1. any technical difficulties or equipment malfunction (whether or not within our control);   57.1.1. any theft, unauthorized access or third party interference;    57.1.1.1. any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by us);    57.1.1.1.1. any variation in the prize to that stated in a promotion;    57.1.1.1.1.1. any tax liability incurred by a winner or entrant;    57.1.1.1.1.1.1. use of the prize(s).
58. Our decision is final and no correspondence will be entered into.
59. Entry into a promotion is deemed acceptance of and agreement with these Terms and Conditions. Instructions on how to enter, prize details and other information contained within the promotional advertisements form part of these Terms and Conditions.
60. Prizes, discounts, and vouchers offered in connection with promotions, competitions and giveaways run by us cannot be used in conjunction with any other offer (including, but not limited to, sales and other promotion).
61. The prize (or any part thereof) is not transferable or exchangeable and cannot be taken for cash. No responsibility is accepted for any variation in the value of the prize.
62. We shall perform our obligations under these Terms and Conditions with reasonable skills and care.
63. We place great value on our customer satisfaction. You may contact us any time on 1300 247 278 or info@airbrushsupplynetwork.com.au and we will attempt to address your concerns as soon as reasonably possible and will contact you on receipt of any relevant enquiry or complaint. In guarantee cases, the manufacturer frequently must be involved, and as such it may take longer to resolve such an enquiry or complaint.
64. In the event of a complaint it will help us if You can describe the object of your complaint as accurately as possible and, where applicable, send us copies of the Order or at least the order number that we assign you I the Acknowledgement or Confirmation of Order. Should You not have received any reaction from us within five (5) Business Days, please make further enquiries. In rare cases your emails may be caught up in our spam filters or not reach us, or correspondence that we send to You may otherwise not have reached You.
65. We shall keep a record of you Order and these Terms and Conditions until six (6) years after we have accepted your Order. However, for your future reference we advise you to print and keep a copy of these Terms and Conditions, your Order, the Acknowledgement and the Confirmation of Order.
66. No failure or delay by us or You in exercising any right under these Terms and Conditions or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms and Conditions or a Contract.
67. If any clause in these Terms and Conditions or a Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions or a Contract shall be capable of continuing in effect without the unenforceable term.
68. You shall not assign, transfer, novate, charge, sub-contract, create any trust over or deal in any other manner with these Terms and Conditions or a Contract or all or any of your rights or obligations under these Terms and Conditions or a Contract.
69. Nothing in these Terms and Conditions or a Contract shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between You and us.
70. No person who is not a party to these Terms and Conditions or a Contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any part to these Terms and Conditions or that Contract is assent to any such term.
71. We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and conditions will be posted on-line. However, continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions.