Terms and Conditions of Sale
Effective Date: 8 May 2025 | paintfix.co.nz
1. Introduction
These Terms and Conditions (“Terms”) govern all purchases made through the Paintfix online store at paintfix.co.nz (“Website”), operated by Paintfix Limited, a New Zealand registered company (NZBN 9429042061052) (“Paintfix”, “we”, “us”, “our”).
By placing an order through our Website, you (“Customer”, “you”) confirm that you have read, understood, and agree to be bound by these Terms in full. If you do not agree to these Terms, you must not place an order.
These Terms are governed by the laws of New Zealand. Nothing in these Terms is intended to limit or exclude any rights you have under the Consumer Guarantees Act 1993 (“CGA”) or the Fair Trading Act 1986 (“FTA”) that cannot lawfully be excluded.
2. Products and Descriptions
We sell painting, spray painting, and associated equipment and consumables. We take care to ensure that product descriptions, images, and specifications on our Website are accurate; however, we do not warrant that descriptions are error-free, complete, or current.
Product images are for illustrative purposes only. Actual product appearance, colour, and dimensions may vary slightly. It is your responsibility to ensure that any product you order is suitable for your intended purpose before placing an order.
We reserve the right to withdraw, modify, or discontinue any product at any time without notice.
3. Orders and Acceptance
Placing an order through our Website constitutes an offer to purchase. An order is not accepted, and no contract is formed, until we send you an order confirmation email. We reserve the right to decline or cancel any order at our discretion, including where:
A product is out of stock or has been discontinued.
A pricing error has occurred on our Website.
We are unable to verify your payment.
We suspect fraudulent activity.
Where we cancel an accepted order, we will provide a full refund of any payment received. We are not liable for any loss or inconvenience arising from order cancellations.
4. Pricing and Payment
All prices are displayed in New Zealand Dollars (NZD) and are inclusive of GST unless otherwise stated. Prices are subject to change without notice. The price charged will be the price displayed at the time your order is confirmed.
Payment is required in full at the time of ordering. We accept payment methods as displayed at checkout. By providing payment details, you warrant that you are authorised to use the payment method provided.
We are not responsible for any additional fees imposed by your bank or payment provider.
5. Shipping and Delivery
We ship within New Zealand only unless otherwise agreed in writing. Delivery timeframes are estimates only and are not guaranteed. We will not be liable for delays caused by courier services, weather, or other circumstances outside our control.
Risk of loss or damage to goods passes to you upon delivery to the address provided at checkout. It is your responsibility to provide an accurate and accessible delivery address. We are not responsible for failed deliveries due to an incorrect address or an unattended premises.
Where a delivery is returned to us due to an incorrect address or failed delivery attempt, re-delivery charges will apply and are payable by you before we re-dispatch the goods.
If your order has not arrived within a reasonable time after the estimated delivery date, please contact us and we will liaise with the courier on your behalf.
6. Returns and Refunds
6.1 Change of Mind
We do not accept returns or offer refunds for change of mind. Once an order has been placed and payment confirmed, we are not obliged to accept a cancellation, return, or refund request on the basis that you:
No longer want or need the product.
Found a cheaper alternative elsewhere.
Ordered the wrong product or quantity.
Changed your mind about the intended use.
We strongly encourage you to confirm product specifications, compatibility, and suitability prior to placing your order. We are happy to answer questions before purchase.
6.2 Faulty or Damaged Goods
Your statutory rights under the Consumer Guarantees Act 1993 are not affected by these Terms. If a product is faulty, not of acceptable quality, not fit for its stated purpose, or does not match its description, you are entitled to a remedy under the CGA.
To request a remedy for a faulty or damaged product, you must contact us within a reasonable time of receiving the goods. We may require:
Your order number and proof of purchase.
A description of the fault or issue.
Photographs or video evidence of the defect.
Return of the product to us (we will cover return shipping costs for confirmed faults).
Where a minor fault exists, we may, at our discretion, choose to repair, replace, or refund the product. Where a fault is of a substantial character, you may choose a replacement of the same type and similar value, or a full refund.
No remedy will be provided where the issue is caused by misuse, improper storage, failure to follow product instructions, unauthorised modification, or fair wear and tear.
6.3 Items Damaged in Transit
If your order arrives visibly damaged, please:
Photograph the outer packaging and the damaged items before opening fully.
Contact us within 48 hours of delivery with your order number and photos.
Claims for transit damage made outside 48 hours of delivery may not be accepted, as we are unable to pursue a claim with the courier after this period.
6.4 Return Conditions
Where a return is authorised by us, the following conditions apply:
Products must be returned in their original, unopened packaging unless the return is for a confirmed fault.
Opened or used products will not be accepted for return unless they are faulty.
Hazardous goods (including certain aerosols, solvents, and chemicals) may be subject to restrictions on return due to safety and transport regulations.
Return freight costs are the responsibility of the customer except where the product is confirmed faulty.
7. Warranties and Liability
To the extent permitted by law, we exclude all warranties and conditions not expressly stated in these Terms or implied by the CGA. We are not liable for any indirect, consequential, special, or incidental loss arising from your purchase or use of our products, including but not limited to:
Loss of profit or revenue.
Property damage caused by improper use of products.
Personal injury arising from failure to follow product safety instructions.
Nothing in these Terms limits your rights under the Consumer Guarantees Act 1993 or Fair Trading Act 1986.
If you are purchasing products for business or commercial use, you agree that the Consumer Guarantees Act 1993 does not apply to those purchases, as permitted under section 43 of the CGA.
8. Hazardous Products and Safety
Some products we sell, including certain solvents, aerosols, thinners, and chemical compounds, are classified as hazardous. By purchasing such products, you acknowledge that:
You are aware of and will comply with all applicable safety data sheet (SDS) instructions.
You will use, store, and dispose of the product in accordance with all applicable New Zealand health, safety, and environmental regulations.
You are of legal age and are authorised to purchase the product.
We accept no liability for injury, loss, or damage arising from misuse or improper handling of hazardous products.
9. Intellectual Property
All content on our Website, including product descriptions, photographs, graphics, and copy, is the property of Paintfix Limited or its licensors and is protected by New Zealand and international copyright law. You may not reproduce, distribute, or use any content from our Website without our prior written consent.
10. Privacy
We collect and hold personal information in accordance with our Privacy Policy, available on our Website, and in compliance with the Privacy Act 2020 (NZ). By placing an order, you consent to the collection and use of your personal information for order processing, customer service, and related purposes.
11. Website Use
You agree to use our Website for lawful purposes only. We reserve the right to restrict or terminate access to our Website at any time without notice. We are not liable for any loss resulting from Website downtime, errors, or unavailability.
12. Disputes
If you have a complaint or dispute with us, please contact us in the first instance at the details below. We will endeavour to resolve complaints promptly and fairly.
If a dispute cannot be resolved directly, either party may refer the matter to the New Zealand Disputes Tribunal (for claims within its jurisdiction) or seek other legal remedies available under New Zealand law.
13. Changes to These Terms
We reserve the right to update or amend these Terms at any time. The revised Terms will be posted on our Website with an updated effective date. Continued use of our Website or placement of an order after changes are posted constitutes your acceptance of the revised Terms.
14. Contact Us
For any questions, complaints, or warranty claims, please contact us:
Paintfix Limited
Website: paintfix.co.nz
Email: paintfixnz@outlook.com
These Terms are governed by the laws of New Zealand. Last updated: 8 May 2025.