Terms & Conditions

1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods or services.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 Are you a business customer or a consumer? You will have different rights under these terms depending on whether you are a considered a consumer under the Australian Consumer Law (the “ACL”). You are a consumer if:
(a) acquire goods or services from us for a price of $40,000 or less;
(b) acquire goods or services  from us of a kind ordinarily acquired for personal, domestic or household use or consumption, and
(c) in relation to the acquisition of goods, do not acquire, or hold themselves out as acquiring, the goods for the purpose of resupply, using them up or transforming them, in trade or commerce, or in the course of a process of production or manufacture, or repairing or treating other goods or fixtures on land; or
(d) You otherwise qualify as a consumer under the ACL.
You are a business customer if you are not a consumer.
Provisions of these terms which are specific to consumers only or to businesses only shall be stated as such.
1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are The Patio Black Spot Removal Company Pty Ltd, ABN 35 608 044 248 and our registered office is The Patio Black Spot Removal Company Pty Ltd, Three International Towers, Level 24. 3000 Barangoo Avenue, Sydney NSW 2000, Australia.
2.2 How to contact us. You can contact us by telephoning our customer service team at 02 7908 0114 or by writing to us through our contact form on our website.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 Quotations we make. Any quotation we give you shall not constitute an offer, and is only valid for a period of 30 days from its date of issue.
3.2 Our order procedure. You may make an order by completing the order form provided with these Terms and providing it to us, or through our website or by telephone. Any order made through our website or by telephone shall be subject to these Terms. An order by you constitutes an offer to purchase a product (which may be goods and/or services) from us.
3.3 How we will accept your order. Our acceptance of your order will take place when we write to you to accept it, at which point a contract will come into existence between you and us.
3.4 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.5 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.6 We only sell products and services within Australia. Our sales literature and website are solely for the promotion of our services in Australia. We only accept orders for products from Australia unless otherwise specified.
4. OUR PRODUCTS
4.1 Products may vary slightly from their pictures. The images of the products on our website and in our sales literature are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities and measurements indicated on our website have a 2 % tolerance.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website and in our sales literature.
4.3 Making sure your measurements are accurate. If we are required to advise on which product is appropriate, or give an estimate of costs for a service based on information and specifications you have given us, you are responsible for ensuring that this information or specifications are correct and it remains your responsibility to confirm the suitability of any recommendation by reference to the product and services material and specifications we publish from time to time.
4.4 Statements of size are estimates only. Many of our products include specifications regarding the size of patio that they are appropriate for. This is not a warranty as to the patio size that the product can clean, but merely an estimate based on the product being used in accordance with its instructions.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product or service you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the products. We may change the product to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements, for example to address a security threat or conform with any change in health and safety legislation. These changes will not affect your use of the product.
6.2 More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our website, we may make changes to the formula or name. If we do make such changes between the time you order a product and we deliver it, we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
7. PROVIDING THE PRODUCTS
7.1 Delivery costs. The costs of delivery will be told to you during the order process, displayed to you on our website or may be included in the quoted price (as applicable).
7.2 When we will provide the products.
If the products are goods.
If the products are goods requiring no installation, we will use our best efforts to provide the products: Orders will be delivered within 3-5 working days by courier in each case, unless otherwise specified during the order process.
(a) If the products are one-off services. We will begin the services on the date agreed with you during the order process. The estimated completion date for the services is as told to you during the order process.
(b) If the products are ongoing services (for example routine cleaning and prevention). We will supply the services or goods to you until you end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 10 or if the ongoing services were agreed to continue by reference to a term, that term expires.
7.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 If you are not available when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave the Products, at your risk, in the place designated by you when you place an order.
7.5 If you do not allow us access to provide services. If you do not allow us access to your property to perform the services as arranged without having provided us with not less than 24 hours notice, we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 10.2 will apply.
7.6 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.
7.7 When you own goods. You own a product which is goods once we have received payment in full.
7.8 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the product or service to you, for example, the measurements and material of your patio. If so, this will have been stated in the description of the services on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products or services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.9 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements; or
(c) make changes to the product as requested by you or notified by us to you (see clause 6.).
7.10 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7.11 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 12.4) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you legitimately and reasonably dispute the unpaid invoice in good faith (see clause 12.8). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 12.7).
8. YOUR RIGHTS TO END THE CONTRACT
8.1 When you can end your contract with us. Your rights to end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
(a) If you are a consumer and what you have bought is faulty or misdescribed, the ACL may in some circumstances give you a legal right to end the contract. These rights are set out in the ACL and nothing in these Terms is intended to limit your rights under the ACL.
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
(c) If you are a consumer and have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
(d) In all other cases, see clause 8.3.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided.. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
(e) we have otherwise materially breached these terms and conditions.
8.3 Ending the contract where we are not at fault. Even if we are not at fault, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract including but not limited to removal of such products and costs of re-packaging and re-stocking products.
9. HOW TO END THE CONTRACT WITH US
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by phone or email. Call customer services on 0279080114 or email us at info@patioblackspotremoval.com.au.
Please provide your name, home address, details of the order and, where available, your phone number and email address.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at The Patio Black Spot Removal Company, Three International Towers, Level 24. 3000 Barangoo Avenue, Sydney NSW 2000, Australia.
Please call customer services on 02 7908 0114 or email us at info@patioblackspotremoval.com.au for a return label or to arrange collection.
9.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed or whenever we are required to do so under the ACL;
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
In all other circumstances you must pay the costs of return.
9.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you $30 per collection.
9.5 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described in clause 10.2 below.
9.6 When your refund will be made. We will make any refunds due to you as soon as possible.
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products or services, for example, the size or material of your patio;
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
(d) you do not, within a reasonable time, allow us access to your premises to supply the services.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 14 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
11. IF THERE IS A PROBLEM WITH THE PRODUCT
How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team on 0279080114 or write to us at info@patioblackspotremoval.com.au
12. PRICE AND PAYMENT
12.1 Where to find the price for the product. The price of the product (which includes GST) will be the price agreed during the order process.
(a) For consumers, the price will be listed on our website or on the price list provided.
(b) For business customers, a quotation will be sent to you by email and the quotation can be accepted online or by signing the quotation and returning it to us by email or post.
We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
12.2 We will pass on changes in the rate of GST. If the rate of GST changes between your order date and the date we supply the product, you agree to pay us any additional GST that applies to your purchase.
12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
12.4 When you must pay and how you must pay. We accept payment with all credit cards, except we do not accept payment with American Express. When you must pay depends on what product or services you are buying:
(a) For goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
(b) For services, if you are a consumer, you must pay for the goods to confirm a date for our services and the cost of our services and any additional expenses must be paid within 7 calendar days after the completion of the relevant service.
(c) For services, if you are a business customer, you must pay each invoice within 30 calendar days after the date of completion of the relevant service.
12.5 Our right to require prepayment. Notwithstanding clause 12.4(b) and 12.4(c), we may, at our discretion, require prepayment for services.
12.6 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
12.7 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 3% a year above the Reserve Bank of Australia Cash Rate Target from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12.8 What to do if you think an invoice is wrong. If you reasonably think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved but once the dispute is resolved, we will charge you interest on correctly invoiced sums from the original due date.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable); or
(b) fraud or fraudulent misrepresentation.
13.2 To the extent that the ACL applies:
(a) We acknowledge that the ACL provides consumers with guarantees and rights which cannot be excluded, restricted or modified or which may in certain cases only be modified or restricted to a limited extent. Nothing in these Terms excludes, restricts or modifies, or is intended to exclude, restrict or modify, any guarantee, condition, warranty, right or liability implied by law (including any guarantee, condition, right or liability imposed under the ACL) which cannot lawfully be excluded, restricted or modified.
(b) Subject to clause 13.2(a) and to the extent permitted by law:
(i) We hereby exclude all other conditions and warranties, descriptions, representations and guarantees, expressed or implied by statute, general law or custom except any implied condition or warranty or guarantee the exclusion of which would cause this clause to be void.
(ii) our liability in tort, under statute or for breach of contract in relation to goods or services supplied is limited to, at our option, any one or more of the following:
(A) in the case of goods, the replacement, repair or payment of the cost of replacement or repair of the goods; and
(B) in the case of services, supply of the services again or the cost of supplying the services again.
(iii) we will not in any circumstances be liable for any economic, indirect or consequential loss or damage suffered, including loss of profit, loss of income, loss of contracts or business or loss of data howsoever caused, whether incurred by the you or a third party.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
Your personal information is protected under the Privacy Act 1998. We will only use your personal information in accordance with our Privacy Policy, which is available on our web site and as set out below.
14.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to inform you when a product purchased by you requires periodic maintenance;
(c) to process your payment for the products; and
(d) if you agreed to this during the order process or otherwise signed up for such through our website, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
14.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
15. OTHER IMPORTANT TERMS
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
15.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if the proposed transferee is of insufficient creditworthiness in the context of the product to be supplied or if the assignment would otherwise result in us incurring costs and expenses that cannot be covered or reclaimed from the proposed assignee.
15.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 15.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings. Any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of New South Wales and both of us submit to the exclusive jurisdiction of the courts of New South Wales and any courts that may hear appeals from those courts in respect of any proceedings in connection with such dispute or claim.