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TERMS AND CONDITIONS

Please read the following terms and conditions of use carefully before using this website.

By accessing and using this site, you are confirming the accuracy of and agreeing to be bound by, these Terms and Conditions. These Terms and Conditions form a binding agreement between you (‘Customer’) and us, OIG  (‘omegaind.com.au’). If you do not agree to these Terms and Conditions, please do not use this site.

By accessing and using this site, you are confirming that the user is over 18 years of age.

Consideration 

The Customer acknowledges and agrees that these Terms and Conditions are supported by reasonable and valuable consideration (including but not limited to use of the Website, and the receipt of data, materials and information available at or through the Website). Both the Customer and omegaind.com.au acknowledge the receipt and adequacy of this consideration.

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the Australian and other copyright laws, and is the property of omegaind.com.au. The collective work includes works that are licensed to omegaind.com.au. Copyright 2020, omegaind.com.au ALL RIGHTS RESERVED.

Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with omegaind.com.au or purchasing omegaind.com.au products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with omegaind.com.au or to purchase omegaind.com.au products.

Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorised by omegaind.com.au. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Limitation of liability 

omegaind.com.au shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if omegaind.com.au has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical errors

In the event that an omegaind.com.au product is mistakenly listed at an incorrect price, omegaind.com.au reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Omegaind.com.au reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, omegaind.com.au shall issue a credit to your credit card account in the amount of the incorrect price.

Privacy

Information about how we collect, hold, use and disclose personal information is set out in our Privacy Policy.

By placing an order via omegaind.com.au, you agree that we may collect and use your personal information in accordance with our Privacy Policy (as updated from time to time), as necessary to keep you informed about and fulfil your order.  This may involve disclosing your personal information to third parties, such as our delivery partners.

You agree that we may also use your personal information to contact you with direct marketing information, such us advertising special offers, unless you advise us otherwise.

You consent to us disclosing your personal information to recipients located outside of Australia for purposes necessary or useful in the course of operating our business, and you agree that Australian Privacy Principle 8.1 will not apply to such disclosures.  For the avoidance of doubt, in the event that an overseas recipient breaches the Australian Privacy Principles, that entity will not be bound by, and you will not be able seek redress under, the Australian Privacy Act.  Further information about the circumstances in which such disclosures of information may occur is set out in our Privacy Policy.

You also agree that we may use ‘cookies’ and other related technologies to track your use of the website, for purposes such as facilitating your shopping cart, and understanding your preferences based on previous or current site activity, which enables us to provide you with improved services.  You may choose to turn off all cookies using your browser’s settings, however you will no longer have access to many features that make your site experience more efficient, and some of our services will not function properly.

Third party links

This site may include links to other websites, operated by third parties.  Such links should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

The operators of these linked sites will have their own separate and independent privacy policies. We have no responsibility or liability for the content and activities of these linked sites.  Nonetheless, we seek to protect the integrity of our website and welcome any feedback about these linked sites (including if a specific link does not work).

Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by omegaind.com.au without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

Omegaind.com.au may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to omegaind.com.au.

Prices

All transactions through omegaind.com.au will be processed in AUD (Australian Dollars) only.

Delivery Policy 

Free Delivery Terms and Conditions

Free delivery is only valid for orders that are water-based and to the value of $200 or higher and to customers purchasing through omegaind.com.au and excludes International customers. To qualify for free delivery, your goods ordered must be available and in-stock, payment must be received, and valid delivery details must be provided. Free delivery excludes spray guns, unless otherwise marked.

Standard Delivery Terms and Conditions

OI will dispatch all orders placed before 2pm same-day. Orders placed after 2pm are processed the next business day.. If a particular stock is unavailable for dispatch within the above timeframes, the customer may be notified and either: 

  1. The stock will be sent without the items that are unavailable. When the unavailable items become available they will then be sent separately. (More applicable if the unavailable items will take longer than 7 days to return to stock.)
  2. The entire order will be withheld until out of stock items return to stock. (Applicable if stock will return within 3 days).

OI uses a dynamic freighting solution called Temando. To obtain a quote and see how long it will take to get to your location, please select items you wish to purchase and place in your cart. You can then go to your cart and get an accurate quote on your orders shipping. You get to select the carrier and the time you are prepared to wait for your order to get to you, at the cart.

How long will the delivery take?

Approximate delivery times are available at check out. Please enter your postcode and the most up to date delivery times will be provided.

How do I track my parcel?

We will send a link with a tracking number via email once the order has been processed.

Returns Policy 

We understand that sometimes you may wish to return a product you have purchased from OI and to assist, we have set out the OI Returns Policy with key points that you should know.

Our Returns Policy includes the rights you have under the Australian Consumer Law and provides you with additional benefits in addition to those rights, because your satisfaction is important to us.

Your rights under the Australian Consumer Law.

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.

Where a failure does not amount to a major failure OI is entitled to choose between providing you with a repair, replacement or other suitable remedy.

Your rights under the Australian Consumer Law are not limited by a defined time. However, the Australian Consumer Law does recognise that the relevant time period can vary from product to product, depending on factors such as the nature of the product and the price. OI adopts the same approach. The type of remedy OI can offer may also vary depending on the time taken to return the product.

For any product return, please contact OI by phone or email to establish an initial contact and reasons for the return. This includes products that carry a manufacturer’s warranty. Any cost incurred in returning items that are not eligible for warranty will be borne by the consumer.

Returns procedure

  1. Please retain your receipt

In order to obtain a refund, exchange or to repair a product purchased from OI, including those products which carry a manufacturer’s warranty, a clear proof of purchase must be provided – typically, but not always, a receipt.

If satisfactory proof that the product was purchased from OI cannot be provided, under the law OI are entitled to elect whether or not to accept the product for return.

However, if the product is a OI Branded Product, OI will offer you a repair, exchange or returns credit at the value of the item at the lowest recorded system price if its purchase date cannot be determined.

For loss prevention purposes we will need to record the personal details of the consumer. For further information, see our Privacy Policy:

2. Product assessment

Once proof of purchase has been established and the product fault can safely and clearly be determined in-store, OI will offer you either a refund, exchange, repair or returns Credit notice. The available remedy will depend on whether the fault amounts to a major failure. Where the product fault is difficult or potentially dangerous to determine in-store (for example if it is an electrical item or needs lab testing), the manufacturer or repair agent will be consulted to determine the fault and resolution.

The manufacturer or their agent will determine whether a product has incurred a major or minor fault. where a product has been sent to the manufacturer, the manufacturer will determine whether:

  1. There is no fault found;
  2. There is a minor fault which can be easily repaired within a reasonable time frame;
  3. There is a major fault found and the customer is to be offered a replacement or a refund; or
  4. The product has been damaged or abused through misuse.

Where there is no fault found, the product will be returned to the Store to be returned to the consumer.

When assessing product fault, it is the consumer’s choice whether to deal with OI or the manufacturer directly. When the product is sent to the manufacturer or their repair agent, OI will ask them to assess the product and provide their assessment within a reasonable timeframe.

OI cannot offer a refund or exchange where the product has sustained damage due to abnormal use, whether that has been identified by OI, the manufacturer or repair agent. OI does not provide any warranty for any goods damaged either intentionally or unintentionally by the user outside the course of normal operation of the product. Please check instructions from the specific product packaging and relevant specific data sheets available online or from the manufacturer.

If the product does not match its advertised description, OI will provide a choice between a refund or returns credit to the value of the item purchased. 

OI’s liability shall be limited to the actual cost of the product, i.e. replacement or refund. In no event shall OI be liable for any further direct, incidental, special, or consequential damages.

3. What should l do if l am having difficulties with getting my product to work?

If you are experiencing problems operating the product, it is strongly recommended that you contact the manufacturer’s customer helpline.

The contact number is typically provided within the product packaging or warranty card. Alternatively, OI can be contacted to assist in providing the relevant contact details.

4. What should I do if I have changed my mind and want to return a product?

  • in its original condition and packaging (including manuals and accessories)
  • not on the Product Exclusion List (please see below)

If you meet the conditions above but are returning a product outside the 14 day return period, OI will offer an exchange or a Returns Card credited with the value of the item purchased.

Product exclusions list

The following products may not be returned unless they breach a guarantee under the Australian consumer law:

  • Tinted Paint/Ink
  • Gift Cards;
  • Opened Paint Cans;
  • Made/built to order products;

Additional information

What should I do if I have fixed or bulky items to return?

If the product cannot be easily returned to OI due to the nature of the fault, the size of the product or if the product is affixed to your premises, please contact us for further information on how to solve your issue.

What is a gift card and when would I receive one?

A Gift Card provides a credit to the value of the goods returned. A Gift Card may be elected, rather than a refund, when the product is declared faulty or does not match the advertised description. A Gift Card may also be provided for ‘change of mind’ returns. The Gift Card is not redeemable for cash and is valid for six months from the date of issue.

If OI requests my personal information during the refund or exchange process, what do they do with the information?

Our respect for the consumer’s right to the privacy of their personal information is paramount. We have policies and procedures to ensure that all personal information, no matter how or where it is obtained, is handled sensitively, securely and in accordance with the National Privacy Principles. We may collect personal information during the refund or exchange process in order to comply with our fraud identification processes. We do not divulge any personal information collected to third parties.

For more information, see our Privacy Policy.

What happens if l have purchased a product online and want to return it because l have changed my mind?

Most online purchases can be returned or exchanged by mail. Any cost incurred by the consumer in sending return & exchange items due to change of mind will be borne by the consumer accompanied with a 25% restocking fee.

If I can’t find my receipt, can i use a bank statement as proof of purchase instead?

OI will not accept a bank or credit card statement unless the amount shown on that statement directly corresponds to the amount at which the product in question was purchased. Where multiple items were purchased in one transaction, our ability is limited in establishing proof of purchase. OI cannot provide copies of receipts if lost or misplaced.

Please note: When a refund is granted, OI will refund the original purchase price via the method of payment indicated on the receipt.

For further information, please contact OI on (02) 9832 000 or email info@omegaind.com.au