TERMS & CONDITIONS

1. Terms of Websters Industries Pty Ltd trading as Picobello Australia.

1.1.       The scope of these terms and conditions (“Terms”) includes all services of Picobello Australia (hereinafter also called Picobello Australia), relating to the delivery of goods. The goods supplied by Picobello Australia carried out exclusively on the basis of these General Terms & Conditions. 
1.2.       These terms and conditions apply only to transactions between Picobello Australia and consumers. Consumers in the above sense are referred to hereinafter as a customer. All orders are accepted subject to our Standard Conditions of Sale reproduced below, which apply to and govern all contracts, quotations, sales, supplies and deliveries of goods, materials, services, (hereinafter called Products), by the company or its representatives to any individual Firm, Company or other person to the exclusion of all and any standard terms of the customer and of all or any other conditions, warranties or terms otherwise implied or expressed. No variation of these Conditions of Sale and any oral stipulations or representations shall be binding on the Company, unless expressly agreed in writing and signed by a Director of the Company or the Company on its behalf.

2. Orders
2.1.        Prices as listed on the order at time of placement will be adhered to for this order as placed. Shall a price be deemed as incorrect at time of placement, the order will be processed as it was received at time. Corrections may be made for any future orders.
2.2.       Picobello Australia will confirm the order has been shipped via email.
2.3.       Picobello Australia’s implementation of the order - particularly in accordance with the existing supply options must be reserved. Picobello Australia also reserves the right to refuse orders from a customer if it is determined to be for the purposes of competitive duplication . Picobello Australia is also entitled to limit the order to a household amount. If Picobello Australia refuses an order, this will also be communicated to the customer within two working days; any payments already made by the customer will be refunded. 
2.4.        The customer accepts reasonable technical and creative deviations from specifications in brochures, catalogues and written documents as well as design, construction and material changes in the course of technical progress and the further development reserved without any rights or claims of any kind and / or their extent can be derived from Picobello Australia. The giving of an order by the Customer to Picobello Australia for any Product shall constitute an unqualified acceptance by the customer that if Picobello Australia accepts the order; sale, supply & delivery of such Products will be governed solely by these Conditions of Sale.

3. Delivery Dates and Periods 
3.1.       Estimated delivery time with Australia  is about 3 to 5 working days. New Zealand is about 4 to 7 working days.
3.2.       The delivery date is met when the goods leave the warehouse on time or the delivery is ready for dispatch and the customer will be informed in due time.
3.3.       Delivery means the delivery of the Products by our carrier to you or your agent. Picobello Australia shall make all reasonable efforts to meet quoted delivery dates. Time shall not be of the essence and we shall not be liable for late or incorrect delivery, howsoever caused. We reserve the right to not deliver by instalments.
The Buyer shall inspect all Products on delivery.
The Company reserves the right to refuse claims for non-delivery, damaged Products or shortages, if the Buyer fails to take the following actions:

i) Buyer shall endorse Carrier’s note appropriately.

ii) Buyer shall advise the Company immediately by Phone: +61 2 9440 3357

iii) Buyer shall send full particulars of claim to the Company in writing within 5 days after delivery.

In case of non-delivery of whole consignment within Australia , the buyer shall advise the Company within 10 days after date of dispatched.

4. Right of Withdrawal
4.1.       The customer has the right of contract within 5 working days from the date of receipt of the goods delivered to the customer to withdraw. Cancellation needs no justification and is in written form (e.g. letter, e-mail) to explain. It is sufficient if the cancellation is sent within the deadline.
4.2.       This right of withdrawal shall not apply to contracts for the supply of goods made to customer specification which are clearly tailored to the personal needs of customers.
4.3.        In case of an effective withdrawal, the mutually received benefits are to be returned and where appropriate, shall be released.
4.4.       If products are not returned whole or is in a deteriorated condition, compensation must be paid to Picobello Australia. The customer can avoid the obligation for compensation by not using the goods and ensuring no damage to the product whilst in their ownership or during transportation, which may impair its value. Transportable items are to be returned at the customer‘s expense. 
4.5.       Withdrawal must be sent to:

             Picobello Australia PO Box 223 St Ives NSW 2075 Australia


5. Transfer of Risk
5.1.        The Products shall be at the customers risk from the time of delivery or receipt of same. Notwithstanding delivery, the Products sold remain the absolute property of Picobello Australia until payment of all amounts owed by the customer in respect of the Products has been made.

 

6. Prices and Payment
6.1.       Australian retail prices are in A$ (Australian dollars) including GST at current amount. The ordered goods can be paid by payment in advance, by credit card or via PayPal. 
6.2.        Picobello Australia will ship the ordered goods within 1-2 business days once the payment has been received at Picobello Australia. 
6.3.       If the customer is in default of payment, Picobello Australia is entitled, after a reasonable grace period to rescind the purchase order.

 

7. Shipping cost
7.1.        Shipping costs are additional to the final price respective to the value of goods ordered. 
7.2.        Choosing preferred form of shipment / dispatch remains the right of Picobello Australia.
7.3.       Packaging is done in the standard manner. Disposal of packaging shall be arranged by the customer.

 

8. Warranty, Damages, Guarantees
8.1.        Picobello Australia assumes no liability for normal wear and tear of the product as well as defects that are caused by improper handling.
8.2.       Picobello Australia warrants that the Products shall at the time of delivery correspond to the published specifications when used for the purposes for which goods of that type are normally used and stored and to the normal industrial quality. Although the Company uses every effort to ensure that all Products are manufactured or supplied to specification, it is in all cases including repeat orders, for the Buyer to ensure by adequate tests or otherwise that the Products are fit and suitable for the purposes to which the Buyer requires them and in the specific conditions and on the specific substrates in which they will be used or applied and to be within such reasonable tolerance and variations as are generally acceptable within the industry. It is essential that for all Paint products adequate tests for Batch Colours or Shades, Adhesion, Sheen, Drying and Film performance or any other necessary tests are made prior to application under the particular conditions of use.

If any of the Products are proved to be defective, the Company’s entire liability hereunder shall be strictly limited to

i) the replacement at the Company’s expense of any Products which are proved to the Company’s satisfaction to be defective or

ii) bringing the Products into conformity with the published specifications of the Company or as normal industrial quality or

iii) take back the Products found not to conform to the warranty and refund the total of the purchase price.

The liability of the Company under the foregoing is conditional upon:

i) The Buyer conforming to the Delivery Conditions

ii) The Buyer shall advise the Company immediately by phone +61 2 9440 3357 of the alleged defect

iii) The Buyer giving written notice to the Company within 2 days of the alleged defect and in any event within 5 days of receipt of Products.

iv) The Buyer affording the Company reasonable opportunity to inspect the Products, application and site conditions. 

 

9. Choices of Law and Jurisdiction
9.1.       This agreement will be governed by and construed in accordance with Australian Law. The Buyer irrevocably submits in respect of all matters and disputes arising out of this Agreement to the exclusive jurisdiction of the NSW Court. 

0