Terms of service

These Terms of Service describes how Conba, which operates under GRC Australia Pty Ltd (the “Site”, “we”, “our” and /or “us”) offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

Overview

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms ("Care and Maintenance", “Characteristics Guide”, "Installation Guide", "Privacy Policy", "Returns Policy" and "Shipping Policy"), and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or 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.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

Specific

BASICS

  1. Your use of and purchase of products from our Website is governed by the Terms and Conditions set out below. You should also read our Care and Maintenance Guide; Installation Guide; Privacy Policy; Returns Policy; and Shipping Policy.
  2. We may at any time make changes to this Website and the details displayed on it, including prices.
  3. Delivery will be charged in addition to any advertised prices, and any such additional charges are clearly displayed where they apply.
  4. All sizes and measurements are approximate, but we do try to make sure that they are as accurate as possible.
  5. Concrete is a natural product and will have natural variations in colour. We will try to match the samples shown but due to the nature of concrete and the handmade process, exact replication is not possible. In the manufacturing process, slight “imperfections”, markings, and discolourations may appear in the final finish which are out of our control.
  6. We reserve the right to make changes to these Terms and Conditions at any time. If you do not accept the amended terms and conditions, please do not use our Website. Your continued use of the Website indicates that you accept the amended terms

In addition, you agree to our Messaging Terms (https://terms.pscr.pt/legal/shop/grcau-com/terms_of_service) and Messaging Privacy Policy (https://terms.pscr.pt/legal/shop/grcau-com/privacy_policy).

PLACING ORDERS 

  1. All orders that you place on this Website will be subject to acceptance in accordance with these Terms and Conditions.
  2. The 'confirmation' stage of purchase sets out the final details of your order. Subject to stock availability, you will then be requested to enter your credit card details and once your card has been approved, we will accept your order and our contract is formed.
  3. We will send you confirmation of your purchase by email in the form of a tax invoice/receipt detailing the products you have purchased.

PRICE

  1. Prices for products will be as per our Official Price List.
  2. GST, delivery charges, extra packaging surcharges and government taxes, if any, are payable by you.

PAYMENT TERMS

  1. Accepted Methods of Payment are: EFT, Credit or Debit Card, PayPal, and afterpay. Where a payment is made via Credit Card, we reserve the right to levy a Credit Card merchant fee (including GST) to cover bank charges.
  2. Payment is taken from your credit card when it is approved by your financial institution and then we accept your order. 
  3. In the event that your credit card is not approved or has expired we will be unable to take payment and fulfil your order.
  4. Payment methods like Paypal and afterpay may take longer to process, funds can take between 3 to 5 days to clear and your order will be queued in our system. Your order will only be accepted and processed when payment is received. 
  5. We do not hold or allocate any stock for queued orders, so the product/s ordered could become out of stock in the time between your purchase and payment being received. If stock is not available, we will contact you to provide you with a full refund within 30 days.
  6. In the event that we are unable to supply the products ordered, we will inform you by email as soon as possible. If you have already paid for the products we will provide you with a full refund within 30 days.
  7. We make every effort to ensure that the prices displayed on our Website are correct and in accordance with our Official Price List at the time that you place your order.
  8. If an error is discovered in the price of the products that you have ordered, we will inform you as soon as possible, and you will be given the opportunity to re-order at the correct price. 
  9. We are under no obligation to fulfil an order for a product, which was advertised at an incorrect price. If the products have been charged and not dispatched, we will cancel and refund your order.
  10. For the purposes of any payment obligation under these Terms and Conditions, time is of the essence.

RISK AND TITLE

  1. Risk in any products passes to the you on delivery or pick up, as the case may be.
  2. Title remains with us until you have paid us for all products supplied in full and in cleared funds. Until title passes to you, you will hold them on trust and as bailee for us.

DELIVERY

  1. Your order will be delivered in accordance with our Shipping Policy.
  2. Delivery dates are estimates only and we are not liable for any loss or damage for failure to deliver by those dates. 
  3. Products will be sent to the address given to us by you in your order and stated in the purchase confirmation.
  4. All orders will be dispatched when ready and cannot be held for delayed shipping.
  5. You will receive an email to notify you when your order has been dispatched.
  6. We have the right to choose the means and carrier with which we deliver your order.
  7. Risk of loss and damage of products passes to you on the date when the products are delivered.
  8. Repeat deliveries may incur additional charges.
  9. We may make partial deliveries of any order and render an invoice to you for the products delivered. Failure to make delivery of the total order will not invalidate the sale.
  10. We may unload products at any premises that you nominate for delivery. If you are not in attendance at any nominated premises, we may leave any products and we shall not be responsible for any claims, damages, costs, or expenses arising or resulting there from including any claim that the products were not delivered.
  11. We require an address that offers reasonable access for transport to drop off.  Goods cannot be delivered on unpaved roads.

CANCELLATION AND RETURNS

  1. Subject to and to the extent permitted by the Australian Consumer Law (ACL):
    1. Products are sold on a non-return basis and unless damaged, faulty or incorrectly delivered (refer to clauses, 8 and 9) cannot be returned;
    2. All returns must receive the prior approval of us; and
    3. We reserve the right to inspect products to be returned.
  2. We only offer returns in accordance with its Returns Policy and claims per our warranty.
  3. Delivery charges are non-refundable. 

DAMAGE, SHORTAGE, LOSS IN TRANSIT

  1. We are not responsible for damage to the finished product resulting in structural damage, edge chipping, surface damage, cracking, or discolouration caused by heat and UV exposure, physical abuse and general wear and tear. 
  2. We are not responsible for damage due to improper installation, care and maintenance, including cleaning with abrasive substances.
  3. Our products must be installed in accordance with our Installation Guide, and maintained in accordance with our Care and Maintenance Guide, failure to do so may invalidate your claim for a refund or replacement. 
  4. You must advise us of any damage or shortage of products within 1 business day after the delivery date, otherwise no liability will be accepted.
  5. Products in transit may be insured against shipping and breakages.

PRODUCT DEFECTS AND WARRANTY

  1. Defective products or products of faulty manufacture (excluding unavoidable imperfections) may be credited or replaced at our discretion if we are advised within 1 business day after the delivery date, and the faulty products are made available for inspection and return.
  2. To the extent permitted by the ACL our liability is limited (at our election) to:
  3. replacing the faulty products; or
  4. the cost of obtaining equivalent products; or
  5. the cost of having the faulty products repaired.
  6. We will not be liable for any special, exemplary, punitive or consequential loss or damage (including without limitation, loss of profit, loss of opportunity and loss of goodwill) incurred by you either directly or indirectly in connection with the supply of products.
  7. Once a product is installed in accordance with our Installation Guide and maintained in accordance with our Care and Maintenance Guide, the conditions of the applicable product warranty will apply.

RETENTION OF TITLE AND PERSONAL PROPERTY SECURITIES

  1. In clause 10:
  2. a reference to the PPSA is a reference to the Personal Property Securities Act 2009;
  3. a reference to “Products” is a reference to the products supplied by us; and
  4. a reference to “Security Interest” has the meaning given to that term by the PPSA.
  5. If, for any reason, you have not paid for the Products supplied in full at any time, you agree that property and title in the Products does not pass to you and we retain the legal and equitable title in those Products supplied and not yet sold.
  6. Until payment in full has been made to us, you will hold the Products in a fiduciary capacity for us and agree to store the Products in such a manner that they can be identified as our property.
  7. You are entitled to sell the Products in the ordinary course of your business, but until full payment for the Products has been made to us, you will sell as agent and bailee for us and the proceeds of sale of the Products must be held on trust by you for us.
  8. Your indebtedness to us, whether in full or in part, shall not be discharged by the operation of this clause 10.e. unless and until the funds held on trust are remitted to us.
  9. You agree that whilst property and title in the Products remains with us, we have the right, with or without prior notice to you, to enter upon any premises occupied by you (or any receiver, receiver and manager, administrator, liquidator or trustee in bankruptcy) to inspect the Products and to repossess the Products which may be in your possession, custody or control when payment is overdue.
  10. You will be responsible for our costs and expenses in exercising our rights under clause 10.f. Where we exercise any power to enter your premises, that entry will not give rise to any action of trespass or similar action. You agree that where the Products have been retaken into our possession, we have the absolute right to sell or deal with the Products. 
  11. You acknowledge that our interest in the Products includes a ‘purchase money security interest’ pursuant to the PPSA.
  12. You agree to promptly do anything (including executing any new document, obtaining consents, signing and producing documents, getting documents completed and signed and supplying information) which we may require for the purposes of:
  13. ensuring that any Security Interest is enforceable, perfected, and otherwise effective; or
  14. ensuring that any Security Interest is continuously perfected and/or perfected by control and/or perfected in a way that will reduce as far as reasonably possible the risk of a third party acquiring an interest in any property the subject of the Security Interest, to the extent possible under the PPSA; or
  15. enabling us to apply for registration, or give any notification, in connection with a Security Interest so that the Security Interest has the priority required by us; or
  16. enabling us to exercise any right or power in connection with the Security Interest.
  17. You agree that you will bear all costs and expenses that you incur in complying with clause 10. 
  18. To the extent permitted by law, and in respect of any Security Interest created by these Terms and Conditions:
  19. the parties contract out of sections 95, 121(4), 125, 130, 132(3)(d), 132(4), 142 and 143 of the PPSA (to the extent, if any, mentioned in section 115(1) of the PPSA) and also contract out of the application under subsection 116(2) of the PPSA of any provision of Part 4.3 of the PPSA in relation to the Products;
  20. you waive your right to receive any verification statement in respect of any financing statement or financing change statement relating to a Security Interest, and also your right to receive any other notice required under the PPSA unless the provision of such notice cannot be excluded.
  21. The parties agree to the full extent permitted by law not to disclose information of the kind mentioned in section 275(1) of the PPSA.
  22. You agree that you will only authorise the disclosure of information under section 275(7)(c), or request information under section 275(7)(d), if the we approve.
  23. Your Security Interest attaches to any proceeds (including proceeds within the definition of that term in the PPSA) derived, directly or indirectly from any sale or dealing with the Products or otherwise arising out of or relating to the Products whether or not the sale or dealing is permitted under these Terms and Conditions.
  24. You will not, without our prior written consent, create, purport, or attempt to create or permit to exist any other Security Interest, however ranking, over the Products.
  25. For the avoidance of doubt, pursuant to section 80 of the PPSA, you covenant not to assert any rights you would otherwise have under section 80(1) of the PPSA and it is intended specifically that any person that you assign some or all of your rights and obligations to under these Terms and Conditions should have the benefit of this covenant.

ENFORCEMENT

If an event of Default occurs or is continuing, we may immediately enforce these Terms and Conditions. Without limitation, this includes:

  1. retaking possession of any products not paid for;
  2. suspending delivery of any products on order and/or refusing to process any unfulfilled order; or
  3. enforcing any security interest.

LIABILITY

  1. We are not liable for any loss caused to you by reason of strikes, lockouts, fires, riots, war, embargoes, civil commotions, acts of God or any other activity beyond our control.
  2. In relation to the supply of products, to the extent permitted by the ACL, our liability is limited to:
  3. replacing the products or supplying similar products;
  4. repairing the products;
  5. providing the cost for replacing the products or for acquiring equivalent products; and
  6. providing the cost for having the products repaired.
  7. In relation to the supply of services to the extent permitted by the ACL, our liability is limited to:
  8. supplying the service again; or
  9. providing for the cost of having the services supplied again.
  10. To the extent permitted by the ACL, we are not liable, whether claims are made or not, for loss of profit, economic or financial loss, damages, consequential loss, loss of opportunity or benefit, loss of a right or any other indirect loss suffered by you.
  11. other than as expressly provided in these Terms and Conditions with respect to specific products and except for the exclusive remedies set out at clause 8 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
  12. The products sold on the Website are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Website or for any products or services purchased from us.
  13. This Clause 12 does not affect your statutory rights as a consumer. 

INTELLECTUAL PROPERTY 

  1. You agree that all Intellectual Property Rights and all other materials contained on this Website remain the property of us or its content and technology providers.
  2. ‘Intellectual Property Rights’ means all rights in or to any patents, database rights, copyright, design rights (whether registered or unregistered), Trade Marks (whether registered or unregistered), brand name, service mark, trade name, eligible layout right. chip topography right and any other rights of a proprietary nature in or to the results of intellectual activity in the industrial, a commercial, scientific, literary or artistic fields, whether registrable or not and wherever existing in the world, including all renewals, extensions and revivals of, and all rights to apply for, any of the foregoing rights.
  3. All Intellectual Property Rights in the Website design, text, graphics, their selection and arrangement and all software compilations underlying source code, software, and all other material on our website are owned by us or its content and technology providers. All rights reserved.
  4. We grant users a license to electronically copy and print in hard copy portions of this Website for the sole purpose of placing an order with us or using this Website as a shopping resource. 
  5. Any other use of the materials on this Website including reproduction for a purpose other than those noted above, modification, distribution, or re-publication without the prior written permission of us is strictly prohibited.
  6. You cannot use our Trade Marks and trade names without our prior written approval. 

USE OF OUR WEBSITE

  1. It is a criminal offence to use a false name or a known invalid credit card to order. Anyone caught willfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law.
  2. To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website, we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for:
    1. the privacy practices of such websites;
    2. the content of such websites, including (without limitation) any advertising, content, products, products or other materials or services on or available from such websites or resources; or
    3. the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, products or other materials or services available on such external websites or resources. 
  3. We make no promise that materials on our Website are appropriate or available for use in locations outside Australia and accessing the site from territories where its contents are illegal or unlawful is prohibited. If you choose to access our Website from locations outside Australia, you do so on your own initiative and are responsible for compliance with local laws.

DATA PROTECTION

We collect data from you when you use our website, please see our Privacy Policy which forms part of this Agreement for more information. 

PROMOTIONAL CODES

  1. Promotional codes can only be used online and are subject to these general Terms and Conditions.
  2. We reserve the right to withdraw or cancel promotional codes for any reason at any time.
  3. Promotional codes are and remain at all times, the property of us.
  4. Where a promotional code is issued to a specific individual the right to any associated discount is personal to the recipient and may not be transferred.
  5. Promotional codes distributed or circulated without the written approval of us, for example on an Internet message board, are not valid for use and may be refused or cancelled.

INDEMNITY

You agree to indemnify us and keep us indemnified against any claim. This indemnity includes any legal fees and expenses we incur in order to enforce our rights, on an indemnity basis.

SURVIVAL OF INDEMNITIES

Each indemnity and payment obligation under these Terms and Conditions is a continuing obligation, separate and independent from all other obligations, and survives termination of these Terms and Conditions. 

INSOLVENCY

If you become insolvent, you remain liable under these Terms and Conditions for payment of all liabilities incurred hereunder.

SEVERABILITY AND WAIVER

  1. If any of these conditions is or becomes invalid or unenforceable, then it will be modified to remove the invalidity or unenforceability and will then be binding. All other terms will remain in full force and effect.
  2. A failure to exercise any right or remedy will not affect any right or remedy nor alter the obligations, which we have to each other.

COSTS

  1. You must pay for your own legal, accounting and business costs and all costs incurred relating to your default under these Terms and Conditions. 
  2. You will pay our costs and disbursements incurred in pursuing any recovery action, or any other claim or remedy, against the you, including debt recovery fees and legal costs on an indemnity basis. Such costs and disbursements will be due and payable by irrespective of whether pursuit of the recovery action, claim or remedy is successful.

TAXES

You must pay GST on any taxable supply made by us under these Terms and Conditions. The payment of GST is in addition to any other consideration payable by you for a taxable supply.

INTEREST RATES

The interest rate on any outstanding debts is a fixed rate of 5% per month.

SET-OFF

All payments required to be made by you under these Terms and Conditions will be made free of any set-off, or counterclaim and without deduction or withholding.

VARIATION AND ASSIGNMENT

  1. You agree that these Terms and Conditions may be varied, added to, or amended by an authorised officer of us at any time.
  2. We endeavour to inform you of any change to these Terms and Conditions. 
  3. We reserve the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these Terms and Conditions or any related contract to any third party.

ENTIRE AGREEMENT

These Terms and Conditions, including our Care and Maintenance Guide; Installation Guide; Privacy Policy; Returns Policy; and Shipping Policy, constitutes the entire agreement between the parties relating in any way to its subject matter. All previous negotiations, understandings, representations, warranties, memoranda or commitments about the subject matter of these Terms and Conditions are of no further effect. No oral explanation or information provided by a party to another affects the meaning or interpretation of these Terms and Conditions or constitutes any collateral agreement, warranty or understanding.

APPLICABLE LAW

  1. These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of Queensland, Australia and shall be subject to the non-exclusive jurisdiction of the courts of Queensland, Australia

NOTICES

  1. Any notice required under these Terms and Conditions may be given by any party, including any director or authorised person of that party.
  2. Any notice may be given at that party’s registered address or other address stipulated in any application in connection with these Terms and Conditions or as notified in writing for the purposes of this clause. Without limitation, this includes any electronic address notified to the other party.

ELECTRONIC COMMUNICATION

You agree that:

  1. If your signature or execution is required, the requirement is taken to have been met by an electronic communication; and 
  2. If we are required to produce a document that is in the form of paper, the requirement is taken to have been met by an electronic communication.

DICTIONARY

Default means:

  1. you fail to pay when due any moneys owing to us under these Terms and Conditions;
  2. you give any third party a security interest in accounts as original collateral in respect of the proceeds of any products supplied by us;
  3. you breach any other provision of these Terms and Conditions; or
  4. upon any member of our team, posting by ordinary pre-paid post, emailing or faxing a letter advising that all money owing to the us is, despite any agreement to the contrary, immediately due and owing.

GST means any goods and services or similar tax, together with any related interest, penalties, fines or other charge. 

Tax invoice, taxable supply and value have the meaning given to them by the GST Law. 

GST Law means A New Tax System (Goods and Services Tax) Act 1999 (Cth). 

Questions about the Terms of Service should be sent to us via our contact information provided.