Welcome

PPG Industries Australia Pty Limited (ABN 82 055 500 939) (PPG) owns this website and provides websites and associated mobile software applications and online services (Services) to users in Australia. Please read these Terms carefully before continuing access to our Services.  If you do not agree with these Terms please immediately cease all access and use of our Services.

Throughout these terms and this website, the terms "we", "us", "our" refer to PPG and any of our affiliated companies (as relevant).

The below terms set out how we interact with you, our terms of sale and our commitment to you with regards to your privacy and your consumer rights. If you use our Services, you agree to be bound by these terms and all laws or regulations which apply to this website. In order to use the Services we grant you a limited non-exclusive license to use such Services, subject to your acceptance of and adherence to these Terms. If you order paint through our Services you agree to be bound by the Terms of Sale as set out below.

Services are intended for use by people residing in Australia. The statements made available on our websites, apps or through the provision of the Services do not apply outside Australia. By registering for, using any Services, or visiting or placing online orders through our Services, you are taken to have agreed to these Terms of Use, the Terms of Sale, our Privacy Policy and any additional terms and conditions or policies referred to herein or accessible through hyperlinks displayed on the Services. This includes all users of the Services and visitors to the website/apps whether as browsers, customers, vendors or contributors to content.

By agreeing to these Terms and/or agreeing to purchase products from us in accordance with these Terms, you represent that you are at least 18 years of age, or, if you are not 18 years of age that you have reviewed these terms with your parent or legal guardian and they and you consent to your use as a minor of our Services and/or purchase of our Products.

General Disclaimer

The Services have been compiled on the basis of general information current at the time of publication. Changes in circumstances after publication may affect the completeness or accuracy of this information. To the maximum extent permitted by law, we disclaim all liability for any errors or omissions contained in this information or any failure to update or correct this information. It is your responsibility to assess and verify the accuracy, completeness, currency and reliability of the information on this website, and to seek professional advice where necessary.

Nothing contained on  our Services are to be interpreted as a recommendation to use any product, process or formulation or any information in a manner which infringes the intellectual property rights of any person, company or entity. We make no representations or warranties that use of the information displayed onour Services will not infringe such intellectual property rights.

We make no representation that the products displayed on this website or Services are currently available or that their specifications are current and complete.  Display of any product does not constitute an offer or undertaking by us.

We make our Services available on an as-is basis. We make no representations or warranties of any kind with respect to this website, its contents, or the Services. To the maximum extent permitted by law, we disclaim any such representations or warranties as to the security, completeness, accuracy, merchantability or fitness for purpose of this website, its contents, or the Services, including without limitation the information on this website, products referred to on t the Services, and any email correspondence between you and us.

Colour Matching Services

Colours shown on our Services may not match the actual paint colours. Paint colours are affected by many factors the type of product, application of the product, substrate to which the pain is applied, lighting, age, gloss level and finish as well as other colours surrounding the paint.  If final colour appearance and colour matches are critical, paint should be tested on the actual surface before full application. If a colour match to a specific chip, print out or other sample is required the actual sample can be provided to us by presenting at a PPG, Bristol and Bunnings store for colour matching by our experts. 

Names and trade marks of our competitors paint colours are from time to time stated on our Services as a means of comparing and describing colours which we can match its products’ colour with. Neither us nor our related entities have any affiliation nor commercial relationship with our competitors, nor do we offer our competitors’ branded paint products for sale.  Reference to our competitors’ marks and colour names is to assist consumers in identifying the colour they would like their product to match, compare colours and for reference only.  Please note that since the paint used is PPG paint tinted with PPG colour formulations, the exact match and resulting colour may vary. We present our colour options as accurately as possible, but colour presentation can appear differently on different screens, monitors and printed material. 

Intellectual Property Statement

Unless otherwise indicated, all copyright and other intellectual property rights in the website design, text, images, graphics, data, information, logos, and other materials on our Services, including the selection and arrangement thereof, and all software relating to our Services, belongs to us or are licensed to us by third parties. Copyright in the works is protected by Australian and international copyright laws. All trade marks, service marks, trade names, branding and get-up (trade dress) on our Services belong to us or our licensors. We do not give you any licence or right to use them.

Subject to the following paragraph, no material from our Services may be copied, reproduced, distributed, modified, uploaded, transmitted, reused, re-posted, published or framed within another website, app or online content without our prior written permission.

We grant you permission to download a copy of the material on our Services  in the usual course of operating your web browser and/or also print hard copies of the material on our Services for your own personal non-commercial use, provided that: (i) your use of material is not contrary to PPG’s commercial interests; (ii) you do not modify or alter the material; (iii) you retain all copyright and other proprietary notices on that material.

Limitation of Liability

The use or reliance on the information our Services is at your own risk. Other than as set out below, we are not, under any circumstances, liable for any injury, loss, damage, claims, expenses or liabilities whatsoever arising out of, or related to the use, or inability to use, the information on our Services, or provided through websites, apps or by email. This limitation of liability includes, but is not limited to, compensatory, punitive, direct, incidental, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and third party claims.

Links

We permit linking to our Services, provided that the full html page is loaded.  Any such links must not incorporate our trade marks or service marks, and must not be used to disparage or otherwise detrimentally affect our reputation.

Information on  our Services may include links to the websites of others outside our network. These links are provided for your convenience only.  The inclusion of any link to other websites does not imply endorsement by us of third party companies, individuals, products, information, or opinions. We do not warrant that information on any third party websites is free from computer viruses or any defects, errors or infringements of intellectual property rights, nor do we authorise any such infringement by providing these links. We recommend you read the legal and privacy notices of any other websites that you visit.

If our Services contains third party advertisements (such as banner ads or referral buttons) which contain embedded links to other sites where goods or services are advertised, the placement of such advertisements on our Services does not constitute the recommendation or endorsement by us or any goods or services advertised by the third party. The third party advertiser is solely responsible to you for any representations or offers made by it, and for any goods or services which you agree to purchase or acquire from those third parties.

We disclaim liability for any loss or damage whatsoever arising from your use of links to third party websites.

Posting Content

Some areas of the Services allow users to submit and publish content such as photographs, illustrations, designs, images, profile information, comments and other content or information (any such materials a user submits, posts, displays, prints or otherwise makes available on or via the Services without compensation “User Content”). 

You represent and warrant that you will not upload or use User Content that: 

  • will violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy, and our use of your User Content as contemplated by this User Generated Content Policy and the Services will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy and publicity rights;
  • contains any viruses, worms, time bombs or other computer programming code that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; 
  • may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; 
  • may create a risk of any other loss or damage to any person or property;
  • seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; 
  • may constitute or contribute to a crime or tort; 
  • contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libellous, threatening, hostile, violent, or that which provokes violence or hostility, profane, or otherwise objectionable; 
  • contains any information which discriminates against others based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin; 
  • contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); 
  • contains any information or content that you know is not correct. 

“Intellectual Property Rights” means all patent rights, copyright rights, moral rights, trade mark, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

Our Use of User Content

We reserve the right, but we are not obligated, to reject and/or remove any User Content that we believe, in our sole discretion, violates these provisions.

We take no responsibility and assumes no liability for any User Content that you or any other User or third party posts, publishes or prints over or using the Services. You are solely responsible for your User Content and the consequences of posting, publishing and printing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. In the event that your User Content is alleged to be offensive, inappropriate for children, unlawful or otherwise in breach of these terms, you agree that we may disclose such User Content to law enforcement or other government authorities.

By publishing anything containing User Content using the Services, you expressly grant, and you represent and warrant that you have all rights necessary to grant to us a sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and any information you provide within the User Content (subject to adherence to our Privacy Policy), in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services and our business (and our successors’ and affiliates’), including without limitation for promoting and redistributing part or all of the Services in any media formats and through any media channels. Subject to our adherence to the privacy settings you select within the Services, you hereby waive legal and/or moral rights that might preclude our use of the User Content or require your permission for us to use the User Content. You agree not to assert any claim, whether based on tort, contract, or other legal theory, against us or its sublicensees relating to our use of the User Content in accordance with your privacy settings, and you hereby release us and its sublicensees from any such claims. 

Indemnity

You agree to indemnify us and other persons involved in the creation of our Services for all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of our Services, any information that you provide to PPG via our Services, or any damage that you may cause to our Services. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the Australian Consumer Law.

Jurisdiction

If a dispute arises regarding these terms of use, the laws of the State of Victoria, Australia, will apply. In relation to any such dispute, you agree to submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia, and the courts of appeal from them, and waive any rights that you may have to challenge the appropriateness of that forum.

If you access this website or our Services in a jurisdiction other than Victoria, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.

If you translate or view a third-party translated view of the information on our Services into languages other than English, the English version of that information will be authoritative in relation to any disputes regarding its interpretation.

Sales and Payment

All sales of products and any associated services are governed by these Terms.  You will be required to indicate that you have read, understood and agree to these Terms immediately prior to finalising any orders placed through our Services.  

Sales are subject to availability. Payment must be made in full prior to dispatch. Normally products are in stock - if a supply problem exists we will notify you. We will endeavour to include a statement on our Services if any particular product is out of stock, but we are under no obligation to do so and we do not imply or warrant that products or services are available at any time. 

Products displayed on our Services do not constitute an offer to sell. It is an invitation to treat only. Orders placed by you are offers to purchase particular products in accordance with these Terms at the price specified.

To the extent permitted by law including the Australian Consumer Law, we reserve the right to accept or reject your offer for any reason (or no reason), including without limitation the unavailability of any product, limitations on quantities available for purchase, an error in the price or product description, problems identified by our credit department, or an error in your order. You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel it.  If you have any problems with your order, you must go through the normal returns process outlined below (see Returns and Exchanges).  We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice. We reserve the right to discontinue any product at any time. We will not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our products or services.

We have made every effort to display as accurately as possible the colours and images of our products. We cannot guarantee that your computer monitor's display of any colour will be accurate. 

Price and Payment and GST

All prices are in Australian dollars and include GST where applicable. Prices may change without notice. All payments must be received in full prior to dispatch. Payment options for products you wish to purchase will be provided at the point of purchase, which are subject to change without notice. If your payment is not received or is declined by your bank or credit card issuer, we cannot and will not hold the product against your order. In such instances we do not guarantee that the product will be available should you try to order it again.

Delivery

Subject to these Terms, we will supply the products shown on your order confirmation. When an order is placed, it will be delivered to the address designated by you. Upon your order being ready for delivery, you will receive a tracking number to track your order. We will use our reasonable endeavours to meet our stated timeframes for delivery, however, many factors (some of which are beyond our control) can affect these timeframes and we cannot guarantee that they will always be met. We reserve the right to amend our stated timeframes without notice to you.

Please note that if there is no-one home when the goods are delivered, your order will be left on your doorstep. No liability will be accepted by us or our carrier if the goods are removed or stolen.

Title and Risk

We retain ownership of products you order until payment is received in full for those products. Risk (including without limitation risk of loss or damage) and title for products purchased from this website pass to you upon delivery of the items to you.

Promo Codes

From time to time, we may offer promotion codes which may apply to any, or certain specified purchases made through the website. Each promotion code will be subject to specific terms and conditions specified at the time the promotion code is issued (including the length of time to use the code) in addition to those mentioned in these Terms. 

Returns and Exchanges

We are happy to refund or exchange untinted paint only (such as undercoats and clear finishes) and unused as new accessories. Tinted paint cannot be returned. Returns must be made in store within 15 days from the date of delivery.  Please be careful when choosing your colours as there is no exchange or refund on tinted paints. In order to process a return, products must be presented at any store with your name, receipts and reason for return.

Please note, that returns and exchanges may take up to two (2) weeks to process. The cost of returned goods will be refunded to the credit card payment was made from. Delivery and handling costs will not be refunded for change of mind returns and exchanges. Costs incurred in returning goods are borne by the customer.

Product Warranties

Many of PPG’s paints come with product guarantees.  The terms of which are found here

Statutory Rights

Products may come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)). Nothing in these terms operates to limit or exclude liability that cannot by law be limited or excluded.  

Consumer Guarantee Statement: The benefits of these product guarantees are in addition to other rights and remedies of a consumer under the law in relation to the products. If you are a consumer and the products are of a kind ordinarily acquired for personal, domestic or household use and consumption, or cost less than $40,000, and are not re-supplied by you, you may be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You also may be entitled to have the products repaired or replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure. These statutory guarantees give you certain rights that we cannot exclude, restrict or modify, except in the limited circumstances as outlined more fully in the Australian Consumer Law.  If a product we supply to you fails to meet a statutory guarantee and that failure cannot be remedied or is a "major failure", subject to the provisions of the Australian Consumer Law, you are entitled to return the product to us and receive a full refund or replacement (at your election). Alternatively, you may (at your election) choose to keep the product and recover from us the difference between the price you paid for the product and the value of the product. As outlined more fully in the Australian Consumer Law, if a product we supply to you fails to meet a statutory guarantee and that failure can be remedied and is not a "major failure", subject to the provisions of the Australian Consumer Law, you are entitled to ask us to remedy the failure. We are entitled to choose how we remedy the failure, including by either: (a) repairing the products; (b) replacing the products; or (c) by providing a full refund. You accept and acknowledge that the provisions of the Australian Consumer Law will determine: (a) which products are covered by such statutory guarantees; and (b) our liability to you for any failure of a product to meet a statutory guarantee. 

If you think that there is a fault with the products you have received, please let us know straight away by contacting us at coloursmith-HQ@ppg.com. Please include as many details as possible about the order and the problem with the products.

Promotions and Competitions

For certain campaigns, promotions or contests, additional terms and conditions may apply. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail. By participating in such a campaign, promotion or contest, you are agreeing to the relevant terms and conditions applicable to that campaign, promotion or contest. For any campaign, promotion or contest run on social media, the promoter is PPG Industries Australia Pty Ltd whose registered office is at 14 McNaughton Road, Clayton Vic 3136 unless otherwise specifically stated. All competitions are only open to residents of Australia aged 18 years or over except employees of PPG and their close relatives and anyone otherwise connected with the organisation or judging of the competition. Details of how to enter a promotion or competition is available on the social media platforms the promotion or competition is being ran on. Prizes are as stated on PPG’s social media platform - no cash or other alternatives will be offered. Prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice. An offer cannot be substituted or exchanged for any alternative offer after purchase. Any free product received as part of a promo or offer cannot be refunded for cash or store credit. All warranties will still apply.

All competitions and these terms and conditions will be governed by Victorian law and any disputes will be subject to the exclusive jurisdiction of the courts of Victoria.

General

We will not be liable for any delay in performing any of our obligations under these Terms if such delay is caused by circumstances beyond our reasonable control. 

If we do not exercise or enforce any right or provision under these Terms, it will not constitute a waiver of such right or provision. Any waiver of any provision under these Terms will only be effective if it is in writing and signed by us.

If any provision of these Terms are determined to be unlawful, void or unenforceable, such provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

Updates to Terms

We reserve the right to make any changes and corrections to these terms at any time.  Any change of the Terms is effective from the next time you visit the website or place an order acknowledging and agreeing to the current terms and conditions.

Questions about these Terms should be sent to us at coloursmith-HQ@ppg.com.

These Terms are effective as of 18 June 2020.