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Terms of Use of Website

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Welcome to FX Australia’s website. This website is owned and operated by FX Australia Pty Ltd (ABN 75 089 071 385) (we, us, our). FX Australia provides specialised, high-end architectural paints and coatings for residential and commercial applications. This website is to provide you with information about our products and services.

You may only use this website in accordance with these Terms of Use. We may change the Terms of Use at any time. Your continued use of the website after such change is confirmation of your acceptance of the changes.

Privacy policy

All personal information about you that you provide to us (including via this website), or that we collect, is subject to our Privacy Policy which can be accessed here.

Purchases of our products and services

You may purchase goods and/or services through the Website by adding them to your cart. If so, that purchase and the provision of those products and/or services will be subject to separate terms and conditions of sale or supply. Copies of those terms and conditions can be accessed here

The display of any product or service does not constitute an offer or undertaking by us and is no guarantee that those products or services are available for purchase.

Method of payment

We accept direct bank transfer, credit cards and PayPal as methods of payment. You must be 18 years or older to purchase our products or services from this website and, by doing so, you confirm that the card or account being used is yours.

All credit card transactions are processed via SecurePay (www.securepay.com). All PayPal transactions are processed via PayPal (www.paypal.com). All transactions are encrypted when transmitted to SecurePay or PayPal. We do not store your credit card information on this website.

All prices are displayed in Australian dollars and include GST. Orders may be subject to delivery charges. If so, we will advise you of this at the time of check out.

We reserve the right to refuse to process any order which we suspect may be fraudulent.

Delivery of products

Provided your order is in stock FX Australia aims to provide efficient delivery of your purchase. A variety of couriers are used to transport items locally and nationally. Delivery

times will vary and depend on location and size of order.

  • Sydney Metro: 2 – 7 working days
  • Outside Sydney: 3 -7 working days
  • Interstate or remote location: 5 -10 days

It is your responsibility to ensure that the address you provide for delivery is correct. We will charge you an additional delivery fee for any product returned to us because you supplied an incorrect address. Please note that deliveries cannot be made to a PO Box.

Please note that your order will not be dispatched until we have received full payment. Deliveries are usually within 10 business days but may be longer for remote locations depending on the chosen delivery method.

Website material

All material on this website, including written material, designs, patterns, pictures, graphics, names, logos and trade marks (Material) and all intellectual property (including copyright) in the Material is owned by or licensed to us. You are hereby granted a non-exclusive, non-assignable and non-transferable licence to use the website and view the Material to assess our products and services for your own use. Except as set out above, you must not copy, modify, reproduce, alter, sell, re-publish, licence, frame, upload, post, transmit, distribute, display, communicate or use the Material in any way or use any device or software that may interfere with the proper functionality of the Material or the website.

FX membership

We may provide the option for you to become a member of our website (Member) by creating an account on our website. Before granting you membership, we reserve the right to require you to complete a FX membership form which may involve providing us with certain personal information to allow us to identify and contact you.

You cannot use another Member’s account and you must immediately notify us of any unauthorised, or suspected unauthorised, use of your account, user name or password.

We reserve the right to terminate your Member account for any reason.

Forum

We may allow you to access and use communication facilities (Forums) on the website to interact with us and other Members. These Forums may allow you to submit comments, pictures, opinions, messages, notices, information or other material (User Material) to the Forum.

By submitting User Materials, you automatically grant us an irrevocable, non-exclusive, transferable right and licence to use the User Materials in any manner and in all media (whether ow known or later devised) throughout the world in perpetuity, including for commercial purposes. If you have (or any other person has) any moral rights in the User Materials submitted by you, you agree (and have acquired agreement from any other author of that User Material) to not assert moral rights and consent to us using the User Materials in the manner set out in these User Material does not reflect our views, information or advice. To the maximum extent permissible by law, we are not responsible for User Material.

We have the right to edit, refuse to post and/or remove any User Materials.

Your responsibilities

You are solely responsible for all User Material submitted by you to the website. If you submit User Material, then you promise that:

you have the right to submit the User Materials and grant the licences referred to above;
the User Materials will not contravene any laws or infringe the rights of any person;
the User Materials are not false, untrue, misleading or deceptive, threatening, bullying, offensive, discriminatory, sexually explicit, obscene or contain confidential information;
the User Materials do not contain a virus or corrupted data or otherwise attempt to interfere with this website.

Limitation of liability

To the extent permitted by law, we:

make no representations or warranties as to the operation or safety of this website or the availability of any product or service described on the website;
exclude all conditions and warranties of any kind;
exclude all liability for indirect, incidental, special and/or consequential damages or loss whatsoever arising from your use of the website

Where certain laws (including the Australian Consumer Law of the Competition and Consumer Act 2010) prohibit the exclusion of conditions and warranties, those conditions and warranties will apply to the extent they cannot be excluded.

Disclaimer

Changes in circumstances after publication may affect the accuracy or completeness of the information and therefore we do not warrant the accuracy or completeness of the Material.

Information on products

The information contained within this website is a general overview. We strongly recommend that you read the relevant FX Product Information Sheet and Material Data Sheet for each of our products and seek additional advice from our stockists or directly from us before use.

While we have made every attempt to ensure that the colours, effects and specifications are as accurate as possible on this website, in-situ finishes may vary depending on specific environmental conditions, surface factors, application techniques and adjacent colours. You should also be aware that colours can differ depending on the calibration and surrounding light of the digital device upon which you view the website.

Always satisfy yourself of the appropriateness of the FX product and its colour by testing it on the area before commencing a project.

Distributors and trades persons

We provide information about distributors and trades persons (including examples of prior work) solely for your general information. We do not give any guarantee as to their qualifications, licences or abilities and, to the extent permitted by law, disclaim any loss incurred by dealing with them. You should satisfy yourself as to their qualifications and suitability.

Linked websites and advertising

The website may contain links to other websites or advertisements for third party products. Such links and advertisements are not recommendations or endorsements by us and we are not responsible for their content. Please refer to the relevant website or advertiser for more information regarding those products and/or services.

Indemnity

You indemnify us and our affiliates from and against all claims, liabilities, costs and expenses (including legal costs on a full indemnity basis) resulting from your failure to comply with these Terms of Use.

Applicable law

These Terms of Use are governed by and shall be construed in accordance with the laws of New South Wales and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales.

These Terms of Use are dated July 2014.