Dulux Rewards TERMS & CONDITIONS 2018

  1. Introduction

    1.1 The Rules of Membership explain the terms and conditions of the Dulux Rewards Program.

    1.2 From time to time Dulux may vary The Rules of Membership without prior notification. Dulux will provide Members with 30 days notification of material changes to the Terms and Conditions on the Rewards Website.

    1.3 The use of the Dulux Trading Account shall constitute acceptance of the Rules of Membership.

  2. Dulux Rewards Membership and Fees

    2.1 Customers, other than Commercial Customers, with a Dulux Trading Account may apply to participate in the Dulux Rewards Program.

    2.2 All Members must pay the Membership Fee annually. Customers will be charged annually on their accounts. The Membership Fee may be waived from time to time, at the discretion of Dulux. There are no monthly administration charges.

    2.3 Members are not entitled to transfer their Membership to any person, entity or account.

    2.4 Cancellation of a Member's Dulux Trading Account also constitutes cancellation of that Member's membership of the Dulux Rewards Program.

    2.5 Dulux intends to use Members' details for marketing purposes from time to time. Generally, Dulux will only disclose this information to organisations which help to supply or promote Dulux goods or services and to other companies in the Dulux group. Customers may access information Dulux holds about them or obtain a copy of the Dulux privacy policy by visiting dulux.com.au/trade or by contacting the Dulux Customer Service on 13 23 77. Any Member who does not wish to receive marketing information can choose to opt out by clicking the unsubscribe link in Dulux Rewards email communications to be removed from such mailing lists.

  3. Earning Dulux Rewards Points

    3.1 Members will accumulate Dulux Rewards Points by purchasing and paying for Products from Dulux Trade Outlets and Dulux Customer Service.

    Dulux Rewards Points will accumulate based on the value of Products purchased and paid for using the Dulux Trading Account. Points will accrue as follows:

    1. six Dulux Rewards Points will be accrued for each dollar spent on all Dulux Premium Decorative paint (excluding Dulux Professional), Envirosolutions products, and Dulux painting accessories;
    2. three Dulux Rewards Points will be accrued for each dollar spent on most other purchases including Dulux Professional, Acratex, Woodcare, Powder Coatings, Protective Coatings, and Berger Premium, and;
    3. one Dulux Rewards Point will be accrued for each dollar spent on Hadrian Contractor and Berger Gold Label purchases.

    3.2 Dulux may offer Bonus Points to Members from time to time at Dulux's absolute discretion.

    Dulux Rewards Points will not accumulate for bank fees, government fees and charges, taxes or interest charges incurred on the Dulux Trading Account or purchases for which a refund is subsequently obtained.

    3.3 Dulux will issue a monthly trading Account Statement to customers via SMS and email.

    3.4 In order to earn Dulux Rewards Points, payments must be received by Dulux no later than the due date on the Account Statement. Payment in full is required.

    3.5 Dulux reserves the right to adjust a Member's total Dulux Rewards Points if points have been incorrectly credited or debited for any reason.

    3.6 Dulux may, at its absolute discretion, withhold Dulux Rewards Points at any time. If the Member is in breach of trading terms, Dulux may withdraw or cancel the value of any rewards from the Member's balance. Dulux shall not be liable for any loss or damage suffered resulting from withholding, cancellation or withdrawals made by Dulux in accordance with these Rules of Membership.

  4. Allocation of Dulux Rewards Points

    4.1 The Member will be allocated Dulux Rewards Points on payment of the Account Statement in accordance clause 3.6.

    4.2 Dulux will make available to each Member, via the Dulux Rewards Website, a Rewards Statement identifying the number of Dulux Rewards Points accumulated by the Member.

    4.3 A Rewards Statement will be emailed to each Member at least once per year. Additional mailings of the Rewards Statement may be made at Dulux's discretion.

    4.4 Members will have up to 30 days from the Rewards Statement date to dispute and seek adjustment of the Dulux Rewards Points balance shown on their Rewards Statement. After the expiry of the 30 day period, the Rewards Statement will be deemed correct.

  5. Redemption of Dulux Rewards Points

    5.1 Members may redeem Dulux Rewards Points in order to acquire Rewards.

    5.2 The value of each Reward will be stated in Dulux Rewards Points. The value of each Reward will include where applicable any freight costs incurred to deliver the Reward to your nominated destination during normal business hours. All disputes regarding the redemption of Rewards will be resolved by Dulux and Dulux's decision will be final and binding.

    5.3 Members wishing to redeem Dulux Rewards Points may do so by:

    1. accessing the Dulux Rewards Website; or
    2. by contacting Dulux Customer Service on 13 23 77

    All requests for redemptions must comply with security and identification procedures notified to Member by Dulux from time to time.

    5.4 Dulux has the right, in its absolute discretion, to make any changes to the types of Rewards offered or to the number of Dulux Rewards Points required to redeem Rewards. Any such changes will be set out in the Dulux Rewards Website.

    5.5 Dulux will not be responsible for any loss caused as the result of any Rewards having been exhausted or being no longer available to Members.

    5.6 Dulux will not be responsible for any loss caused to a Member as the result of the fraudulent redemption of Dulux Rewards Points by an unauthorised person(s) where such redemption has been accepted on the basis of the security and identification procedures applicable from time to time.

    5.7 Dulux Rewards Points are not redeemable for cash. Dulux Rewards has the right to cancel any orders at any time prior to delivery, where an error has been made in relation to pricing.

    5.8 Redeemed Rewards may not be exchanged for other Rewards and are not refundable, replaceable or transferable for cash or credit.

    5.9 If a Member has insufficient Dulux Rewards Points to redeem a particular Reward, the Member may purchase the remaining Dulux Rewards Points required. Dulux reserves the right to determine the cost of the remaining Dulux Rewards Points required to redeem the Rewards at its absolute discretion.

    5.10 A Member may only purchase the remaining Dulux Rewards Points via the Points Plus Pay functionality on the Dulux Rewards Website. Payment must be made with a credit card. The redemption and payment process must comply with security and identification procedures applicable from time to time.

    5.11 Dulux Rewards Points are not transferable to other Members.

    5.12 Dulux Rewards Points remain valid for a period of 2 years from the date they are first credited on the Rewards Statement, after which time they will be forfeited.

    5.13 If a Member has failed to accrue additional Dulux Rewards points during a consecutive 12 month period, Dulux has the right to forfeit all points accrued by that Member.

    5.14 Members can setup Auto-redemption for selected rewards such as vouchers and wines. For periodic and set value Auto-redemption, at the time of the Auto-redemption members will receive as many of the selected Reward that they are eligible for from the Dulux Rewards Points balance at that time.

    For annual Auto-redemption, the Reward would be sent to members up to 28 days after the date nominated - if members have sufficient Dulux Rewards Points to qualify for the redemption.

    Members can change or cancel future Auto-redemption options at any time. If an Auto-redemption had been processed, any changes made to Auto-redemption preferences will only be applicable for future redemptions.

    5.15 Dulux Personal Shopper allows a member to use points to pay for non-catalogue items – members source specific product/service, provide a written quote and Dulux Rewards will pay on your behalf. Members wanting to use this service must have a minimum points balance of 1,500,000. A 20% fee of the invoice amount will be applied to the final points conversion. For further information, please contact the Dulux Rewards team on 13 23 77.

  6. Termination

    6.1 If a Member has failed to make the minimum payment specified on any Account Statement by the due date Dulux may, at its absolute discretion, suspend or cancel a Dulux Trading Account and / or Membership to the Dulux Rewards Program.

    6.2 A Member will not be able to redeem Dulux Rewards Points whilst the Dulux Account is suspended.

    6.3 If a Dulux Account and / or Membership of the Dulux Rewards Program is cancelled by Dulux, all monies owing to Dulux shall immediately become due and payable, and any unredeemed Dulux Rewards Points are immediately forfeited.

    6.4 A Member may cancel their Dulux Trading Account and / or Membership to Dulux Rewards Program by giving not less than 30 days' notice in writing to Dulux.

    6.5 If a Member elects to cancel their Dulux Trading Account and / or Membership to the Dulux Rewards Program, the Member shall have 90 days from the date of cancellation to redeem their Dulux Rewards Points. After 90 days, all Dulux Rewards Points shall be forfeited.

    6.6 Termination of the Program. Dulux reserves the right to suspend, withdraw or terminate the Program at any time in its absolute discretion and may, where practicable, give reasonable notice to the Member. If Dulux Rewards is terminated, Members must redeem any unredeemed Dulux Rewards Points within three (3) months of the termination of the Program.

  7. Tax

    It is the responsibility of the Member to seek independent professional taxation advice in relation to the taxation effects arising from Membership of and participation in Dulux Rewards. In addition, the Member is responsible for any taxation liability (including but not limited to GST) or any applicable fringe benefits tax or other government fees, taxes, impositions and charges relating to its Membership or the redemption of any Rewards.

  8. General Provisions

    8.1 The liability of Dulux and the Dulux Rewards Program Manager for breach of a condition, whether expressed or implied in the Rules of Membership by law, is limited to any one of the following as determined by Dulux:

    1. the replacement of Rewards or Products or the supply of equivalent Rewards or Products; or
    2. the repair of the Rewards or Products or the payment of the cost of having the Products or Rewards repaired.

    The benefits of the applicable warranty above are in addition to other rights and remedies under any applicable law. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. 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.

    8.2 To the extent the law permits and notwithstanding any other clause of these Rules of Membership, Dulux and the Dulux Rewards Program Manager exclude all liability whatsoever to the Member arising out of or in any way connected with the Dulux Rewards Program for any consequential or indirect losses of any kind howsoever arising and whether caused by a breach of statute, breach of contract, negligence or other tort. Consequential or indirect losses will be taken to include but not limited to:

    1. any loss of income, profit or business;
    2. any loss in the nature of overhead costs; and
    3. any loss of goodwill or reputation.

    8.3 The Rules of Membership are governed in accordance with the laws of Victoria, Australia.

    8.4 Dulux reserves the right to change the Reward Point Value of catalogue items without any notice.

    8.5 Dulux reserves the right at their absolute discretion at any time to exclude any customer from inclusion in the Reward Program or to cancel the registration of any customer.

    8.6 To the extent permitted by law, Dulux is not responsible for Rewards received under a Rewards Program, any death or injury, loss or consequential loss or damage arising from, in connection with or caused by a Reward, or the loss, theft or destruction of a Reward or a Reward voucher.

    8.7 To the extent permitted by law, Dulux provides no warranty with respect to the quality of the Rewards or their acceptability or fitness for any purpose.

    8.8 Any dispute concerning goods or services received as a Reward shall be settled between the Member and Rewards Provider who supplied the goods or services.

    8.9 Failure to enforce a particular term or condition of these Terms and Conditions does not constitute a waiver of that term or condition by Dulux.

    8.10 Dulux may exercise any right, power or remedy in this document at its discretion and separately or concurrently with any other right, power or remedy.

  9. Definitions

    Account Statement means the summary of the previous month's purchases from Dulux using your Dulux Trading Account.

    Bonus Points means extra Dulux Rewards Points awarded to Members, in addition to the points as described in clause 3.2.

    Commercial Customer means a large customer classified by Dulux sales representatives as a commercial customer.

    Dulux we or us, means DuluxGroup (Australia) Pty Ltd ABN 67 000 049 427, whose registered office is located at 1956 Dandenong Road, Clayton VIC 3168, Australia.

    Dulux Customer Service means the call centre operated by Dulux. The call centre can be contacted by telephone on 13 23 77.

    Dulux Rewards Points means the points allocated to Members in accordance with the Rules of Membership and which may be redeemed for Rewards.

    Dulux Rewards Program means the scheme offered by Dulux which provides Dulux Rewards Points to Members for the purchase of Products using their Dulux Trading Account.

    Dulux Rewards Website means the Dulux Rewards website, which is accessible at from dulux.com.au/trade.

    Dulux Trading Account means a standard 30 day credit account issued by Dulux.

    Dulux Trade Outlets means Dulux trade centres and depots and any other stores notified to Members from time to time by Dulux.

    Member means a customer accepted for membership of the Dulux Rewards Program and who holds a Dulux Trading Account.

    Membership Fee means an annual fee for membership of the Dulux Rewards Program as notified in writing by Dulux to the Members from time to time.

    Dulux Financial Year means the period from 1 October in a given calendar year until 30 September in the following calendar year.

    Points Plus Pay means a method by which Members can use a valid credit card to pay for the remainder of a Reward where they have insufficient points or where they do not wish to spend all their Dulux Rewards Points to redeem a reward.

    Product(s) means all goods available for purchase from Dulux Trade Outlets or Dulux Customer Service.

    Rewards means goods and services listed from time to time in the Dulux Rewards Program catalogue.

    Rewards Statement means a statement setting out Dulux Rewards Points' information.

    Rules of Membership means these terms and conditions governing the Dulux Rewards Program.