1. Acceptance of the Terms

By accessing or using the website Colors of India Mart (“we,” “us,” or “our”) and placing an order, you agree to be bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms, please do not use our website or services. We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of our website constitutes acceptance of any changes.

2. Important Information

These Terms govern your purchase and use of products from our online store. Please read them carefully. These Terms do not limit any rights you have under Australian Consumer Law or other applicable legislation.

3. Legal Capacity

Under Australian law, persons under the age of 18 are generally not able to enter into binding contracts, except for certain necessities. By making an online purchase from Colors of India Mart, you confirm that you are at least 18 years of age and have the legal capacity to enter into a binding agreement.

If a purchase is made by a minor without appropriate consent, and Colors of India Mart suffers any loss or damage as a result, we reserve the right to seek compensation and take legal action against the parent or guardian of that minor to recover such losses.

4. Governing Law

These Terms are governed by the laws of the State of New South Wales, Australia. You agree that any disputes arising under or in connection with these Terms will be subject to the exclusive jurisdiction of the courts of that jurisdiction.

5. Title and Risk of Loss

Title to and ownership of the products you purchase from us passes to you only upon our receipt of cleared payment and delivery of the products to your nominated address. Risk of loss, damage, or deterioration to the products passes to you upon delivery. We are not responsible for any loss or damage incurred after delivery.

6. General Disclaimer

While we make reasonable efforts to ensure that product descriptions, pricing, and images are accurate, we do not warrant that such information is error-free, complete, or current. We reserve the right to correct errors, inaccuracies, or omissions and to change or update information without prior notice. All products are supplied “as is” and “as available,” subject to availability.

7. Limitation of Liability

To the fullest extent permitted by law, we exclude all liability for any indirect, incidental, consequential, special, or punitive damages arising out of or related to your use of our website or products. Our total liability to you for any claim relating to these Terms or your purchase is limited to the purchase price paid for the relevant product. Nothing in these Terms excludes or limits any statutory consumer guarantees or rights that cannot be excluded under Australian Consumer Law.

8. Your Obligations as a Registered User

If you create an account with us, you agree to:

• Provide accurate, complete, and current information at all times;
• Keep your password and account details confidential;
• Notify us immediately of any unauthorized use of your account;
• Comply with all applicable laws when using our website and services.
  You are responsible for all activity occurring under your account.

9. Purchase of Products and Returns Policy

• All orders are subject to acceptance and product availability. We reserve the right to refuse or cancel orders at our discretion.
• You have rights under the Australian Consumer Law relating to faulty or misrepresented goods, including repair, replacement, or refund.
• To make a return claim, contact us within 24 hours of delivery with proof of purchase and details of the issue.
• We will assess returns promptly and communicate your options.

10. Change of Mind

Returns due to change of mind are not accepted unless agreed in writing. Any accepted returns must be unopened, in original condition, and returned at your cost. We may offer store credit at our discretion.

11. Warranty

Products may carry manufacturer warranties. Our responsibility is limited to facilitating claims under these warranties and your statutory consumer guarantees. We are not liable for damages caused by improper use or handling of products.

12. Delivery

• We deliver within Australia using third-party couriers.
• Delivery times are estimates only and are not guaranteed. We are not liable for delays outside our control.
• You are responsible for providing accurate delivery details. Additional fees may apply for failed deliveries or re-deliveries.
• Risk passes to you on delivery. Please inspect goods upon receipt and report any issues promptly.

13. Copyright and Intellectual Property

All intellectual property rights in the content of this website and associated materials are owned by or licensed to us. You may only use the content for personal, non-commercial purposes. Any unauthorized use or reproduction is prohibited.

14. Privacy

We collect and manage your personal information in accordance with our Privacy Policy, compliant with the Australian Privacy Act 1988 and the Australian Privacy Principles. Please review our Privacy Policy to understand how your information is used and protected.

15. Termination of Contract

We may suspend, restrict, or terminate your access to our website and services immediately if you breach these Terms or engage in unlawful or inappropriate conduct. Termination does not affect accrued rights or liabilities.

16. Indemnity

You agree to indemnify, defend, and hold harmless Colors of India Mart, its directors, employees, and agents from and against any claims, losses, damages, liabilities, costs, or expenses arising from your breach of these Terms or your use of our website or products.

17. Dispute Resolution

We encourage you to contact us to resolve any complaints or disputes. If a resolution cannot be reached, you may seek assistance through the Australian Competition and Consumer Commission (ACCC) or state consumer protection agencies.

18. Fairness and Legal Advice

Both parties acknowledge and agree that the provisions of these Terms are fair and reasonable. Each party has had the opportunity to seek independent legal advice prior to agreeing to these Terms. Furthermore, both parties confirm that these Terms are not contrary to public policy, including but not limited to issues of inequality of bargaining power or restraint of trade.

19. Severance

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect.

20. Promotions

Promotional offers are subject to terms, availability, and conditions specified in each promotion. We reserve the right to modify or cancel promotions without prior notice.

21. Order & Delivery

Orders must be placed through our website. We will confirm receipt of your order by email. Delivery is made using trusted courier services, and delivery times are approximate. We are not liable for delays due to external factors.

22. Refer a Friend Terms and Conditions

• Eligibility
  • The referral program (“Program”) is open to customers of Colors of India Mart who reside in the Listed Postcode and are at least 18 years old. 
• How the Program Works
  • Existing customers (“Referrers”) can refer new customers (“Referees”) by sharing a unique referral code or link provided by [Your Store Name].
  • Referees must be new customers who have not previously made a purchase with [Your Store Name].
  • To qualify, Referees must complete a purchase of at least [minimum amount, e.g., $20].
• Referral Reward
  • Referrers will receive a reward of [specify reward, e.g., $10 store credit, discount voucher, or gift] for each eligible referral.
  • Rewards are non-transferable, not redeemable for cash, and subject to change or cancellation at Colors of India Mart’s discretion.
• Limitations
  • Referrers cannot refer themselves or create multiple accounts to abuse the Program.
  • Colors of India Mart reserves the right to withhold or revoke rewards if fraudulent or unethical behavior is detected.
• Redemption
  • Referral rewards will be credited to the Referrer’s account within [timeframe, e.g., 7 days] of the Referee’s eligible purchase.
  • Rewards must be used within [validity period, e.g., 6 months] or they will expire.
• Privacy
  • By participating in the Program, you agree that your personal information may be used in accordance with our Privacy Policy.
• General
  • Colors of India Mart may modify, suspend, or terminate the Program at any time without notice.
  • The Program is subject to Australian laws, including the Australian Consumer Law.
• Contact
  • For questions about the Program, please contact us at info@colorsofindiamart.com.au or 0483871010.