Colour with Confidence Guarantee Terms & Conditions

This Colour with Confidence Guarantee™ is governed by the following terms (Guarantee).

  1. This offer is open to Australian residents who are private consumers.  It is not available for trade, business or commercial purchases.
  2. This Guarantee commences on 7 September 2021 and is available until 30 May 2022 or until discontinued by Mitre 10 Australia Pty Ltd (Mitre 10).
  3. In order to claim under this Guarantee, consumers need to purchase in their First Transaction during a consultation with a qualified Colour With Confidence Expert (Colour Expert Consultation) at least one (1) can of any of Accent Interior Paint, Accent Exterior Paint, Dulux Interior Paint, Dulux Exterior Paint, Wattyl Interior Paint or Wattyl Exterior Paint (each an Eligible Paint) from any participating Mitre 10, Home Hardware, Thrifty-Link or True Value Hardware Store (each a Participating Store). Stains, clears, oils, varnishes, primers, undercoats, spraypaints and all paint accessories are not considered Eligible Paint. If two (2) or more Eligible Paint products are purchased in the First Transaction, they must be purchased in a single transaction and they must be the same type of paint and the same colour paint in order to be Eligible Paint, but they do not have to be the same size (i.e. there can be a combination of 2Litre, 4L, 10L or 15L paint).
  4. Consumers who are unsatisfied for any reason with the colour of their Eligible Paint purchased as part of their First Transaction or the advice given in a Colour Expert Consultation may request replacement paint of a different colour for the amount paid for their First Transaction as shown on their purchase receipt which also evidences the Colour Expert Consultation up to the maximum value of $200AUD. ^RRP (Recommended Retail Price) of an item is the price at which the manufacturer or wholesaler recommends that we sell that item and is not necessarily its price offered for sale in the market.
  5. To claim the replacement paint in a new colour up to the value of $200, consumers must: 
    • Complete a Colour Expert Consultation at a Participating Store and purchase Eligible Paint during or immediately after that Colour Expert Consultation;
    • Visit any Participating Store, which does not need to be the store of purchase for the First Transaction, with the original receipt;
    • Present the original receipt, complete a form requesting their details and select the same volume of eligible Paint products (Replacement Paint) up to $200 in value in a single transaction (Replacement Transaction);
    • Make their claim under this Guarantee at a Participating Store within 30 days of the First Transaction purchase date.
  6. Consumers must retain their original receipt for their First Transaction as proof of purchase when claiming under this Guarantee as this shows the value of the Eligible Paint purchased and the fact that a Colour Expert Consultation was undertaken. Failure to produce the original receipt will result in the inability to claim under this Guarantee.
  7. Consumers are not required to return their Eligible Paint from their First Transaction in order to qualify for a claim under this Guarantee. Disposal of unused Eligible Paint and/or Replacement Paint products are the responsibility of the consumer, as are any other costs and expenses associated with claiming under this Guarantee including attendance at a Participating Store.
  8. Home Hardware reserves the right, at any time, to verify the validity of claims and consumers (including a consumer’s identity and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who Home Hardware has reason to believe has breached any of these Terms and Conditions, tampered with the claim process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the Guarantee. Failure by Home Hardware to enforce any of its rights at any stage does not constitute a waiver of those rights. Home Hardware may discontinue this Guarantee due to a reason beyond its control such as technical difficulties, force majeure event, pandemic, intervention by a third party or regulator or fraud.
  9. Nothing in these Terms limits excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), or similar consumer protection laws in the States and Territories of Australia (Non-Excludable Guarantees). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, Home Hardware (including its respective officers, employees and agents and those of its Participating Stores) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of this Guarantee. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled: 
    • to cancel your service contract with us, and
    • to a refund for the unused portion, or to compensation for its reduced value.
  10. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
  11. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, Home Hardware (including its respective officers, employees and agents and those of its Participating Stores) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of (a) any technical difficulties or equipment malfunction (whether or not under Home Hardware’s control); (b) any theft, unauthorised access or third party interference; (c) any claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by Home Hardware) due to any reason beyond the reasonable control of Home Hardware; (e) any tax liability incurred by a consumer; or (f) use of or reliance on any product or service obtained under a transaction pursuant to this Guarantee.
  12. Home Hardware collects personal information (PI) in order to conduct this Guarantee and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers and product suppliers. Entry is conditional on providing this PI. Home Hardware will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://www.homehardware.com.au//legal/privacy statement. In addition to any use that may be outlined in the Privacy Policy,Home Hardware may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the consumer. The Privacy Policy also contains information about how consumers may opt-out, access, update or correct their PI, how consumers may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All claims become the property of Home Hardware.Home Hardware will not disclose consumers’ PI to any entity outside of Australia other than as outlined above.
  13. Home Hardware in these Terms means Mitre 10 Australia Pty Ltd ACN 009 713 704 of 19 Corporate Drive Heatherton Victoria 3202, PH: 1300 880 440, https://www.homehardware.com.au/ and includes Participating Stores where appropriate.