Terms and Conditions for Fila Group Australia
Welcome to Fila Group Australia. These Terms and Conditions govern your access to and use of our website, including the purchase of any products or services. By accessing, browsing, or using our website, you agree to be bound by these Terms and Conditions. Please read them carefully before making a purchase. If you do not agree to these Terms and Conditions, you must refrain from using this website.
These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and contributors of content. Fila Group Australia reserves the right to update, change, or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
1. About Fila Group Australia
Fila Group Australia is a subsidiary of the Italian Fila Group, focusing on providing high-quality art supplies, fine art paper, and early learning products to the Australian market. We are proud of our Italian heritage and our commitment to quality, offering leading global brands such as Arches, Canson, Lyra, DAS, Giotto, Doms, Princeton and Daler Rowney. Our priority is safety, particularly in our early learning and kids' sections, ensuring that all products for drawing, painting, and creative activities meet rigorous standards.
2. Australian Consumer Law and Consumer Guarantees
Fila Group Australia operates in strict compliance with the Australian Consumer Law (ACL), which is set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth). Nothing in these Terms and Conditions is intended to exclude, restrict, or modify any rights or remedies you may have under the ACL that cannot be lawfully excluded, restricted, or modified .
When you purchase goods or services from Fila Group Australia, they come with automatic consumer guarantees that cannot be excluded under the ACL. You are entitled to a replacement or refund for a major failure and 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 .
The consumer guarantees ensure that:
•Goods will be of acceptable quality, safe, durable, and free from defects.
•Goods will be reasonably fit for any purpose that you made known to us before purchasing.
•Goods will match any description, sample, or demonstration model provided.
•We have clear title to the goods, and you will have undisturbed possession of them.
•Services will be provided with due care and skill, and within a reasonable time.
3. Pricing, Orders, and Payment
All prices displayed on our website are in Australian Dollars (AUD) and include the applicable Goods and Services Tax (GST) unless otherwise stated. We reserve the right to change prices for our products at any time without notice. However, any price changes will not affect orders that have already been accepted and confirmed by us.
When you place an order through our website, it constitutes an offer to purchase the selected products in accordance with these Terms and Conditions. We reserve the right to accept or reject your order for any reason, including but not limited to the unavailability of any product, an error in the price or the product description, or an error in your order.
Payment for all orders must be made in full at the time of purchase unless an account is approved. We accept major credit cards and other secure payment methods as indicated at checkout. By providing your payment details, you warrant that you are fully authorised to use the selected payment method and that the payment information you provide is accurate and complete.
4. Shipping and Delivery
Fila Group Australia aims to process and dispatch orders promptly. Delivery times and shipping costs will vary depending on your location and the shipping method selected at checkout. While we make every effort to deliver your products within the estimated timeframes, we cannot guarantee delivery dates, as these are subject to third-party courier services and unforeseen circumstances.
Risk of loss and title for the products pass to you upon our delivery to the carrier. We are not responsible for any delays, loss, or damage that occurs during transit. If you receive a damaged package, please contact us immediately with photographic evidence so that we can assist you in resolving the issue with the carrier.
5. Returns, Refunds, and Exchanges
Our returns and refunds policy is designed to comply with the Australian Consumer Law. We want you to be completely satisfied with your purchase from Fila Group Australia.
Faulty or Defective Products
If a product you purchase from us is faulty, defective, or does not meet the consumer guarantees under the ACL, you have the right to request a remedy. For a major failure, you can choose a refund, a replacement, or compensation for the drop in value of the goods. For a minor failure, we may choose to repair or replace the product at our discretion .
To claim a remedy for a faulty product, please contact our customer service team within a reasonable time of discovering the fault. You will be required to provide proof of purchase, such as your order confirmation or receipt, and details of the defect. We may request that you return the product to us for assessment. If the product is found to be faulty, we will cover the reasonable costs of return shipping.
Change of Mind Returns
Fila Group Australia is not legally obligated to provide a refund or exchange if you simply change your mind about a purchase, find the same product cheaper elsewhere, or decide you no longer need the product. However, we may, at our sole discretion, offer a store credit or exchange for change-of-mind returns, provided that:
•The request is made within 14 days of receiving the product.
•The product is unused, unopened, and in its original saleable condition with all packaging and tags intact.
•You provide proof of purchase.
If we agree to a change-of-mind return, you will be responsible for all return shipping costs, and we may deduct a restocking fee from your store credit or exchange value.
6. Intellectual Property Rights
All content on the Fila Group Australia website, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of Fila Group Australia or its content suppliers and is protected by Australian and international copyright and intellectual property laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website without the prior written consent of Fila Group Australia, except as permitted by law for personal, non-commercial use. The trademarks, logos, and service marks displayed on the website are registered and unregistered trademarks of Fila Group Australia and our affiliated brands (e.g., Canson, Arches, Lyra).
7. Acceptable Use and User Conduct
By using our website, you agree to use it only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the site. You must not:
•Use the website in any way that violates any applicable federal, state, local, or international law or regulation.
•Engage in any conduct that is fraudulent, deceptive, or misleading.
•Attempt to gain unauthorised access to, interfere with, damage, or disrupt any parts of the website, the server on which the website is stored, or any server, computer, or database connected to the website.
•Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
•Use the website to transmit any unsolicited or unauthorised advertising, promotional materials, spam, or similar solicitations.
We reserve the right to terminate your access to the website or cancel your orders if we believe, in our sole discretion, that your conduct violates these Terms and Conditions or is harmful to our business interests or other users.
8. Privacy and Personal Information
Fila Group Australia is committed to protecting your privacy and handling your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles . When you use our website or make a purchase, we collect and process your personal information as described in our Privacy Policy.
By agreeing to these Terms and Conditions, you also consent to the collection, use, and disclosure of your personal information as outlined in our Privacy Policy. This includes the use of cookies to enhance your browsing experience. If you subscribe to our mailing list, we will send you commercial electronic messages in compliance with the Spam Act 2003 (Cth), and you will always have the option to unsubscribe .
9. Limitation of Liability
To the maximum extent permitted by law, including the Australian Consumer Law, Fila Group Australia and its directors, officers, employees, affiliates, agents, contractors, and licensors shall not be liable for any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product.
Where our liability cannot be excluded under the ACL, our liability is limited, at our option, to the replacement of the goods, the supply of equivalent goods, the repair of the goods, or the payment of the cost of replacing the goods or of acquiring equivalent goods.
10. Third-Party Links
Our website may contain links to third-party websites or services that are not owned or controlled by Fila Group Australia. These links are provided for your convenience only. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Fila Group Australia shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
11. Governing Law and Jurisdiction
These Terms and Conditions and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of New South Wales for the resolution of any disputes arising out of or relating to these Terms and Conditions or your use of the website.
12. Contact Information
If you have any questions, concerns, or feedback regarding these Terms and Conditions, please contact us at:
Fila Group Australia
Email: info@filagroup.com.au
Address:
6/30 Foundry Rd, Seven Hills NSW 2147 Australia.