Our terms of service

Terms of Sale – Online

1. Operative part

The term and conditions contained in this Terms of Sale constitute a legally binding contract between Pavection Pty Ltd ACN 168 668 166 as Trustee for The Bellamys Family Trust ABN 98 139 834 458 (Pavéction, Company, We, Our, Us, and other similar terms) and you (Customer, You, Your, and other similar terms). These terms and conditions apply to the Goods ordered by the Customer.

Our contact information is as follows:

Pavection Pty Ltd ACN 168 668 166 as Trustee for The Bellamys Family Trust ABN 98 139 834 458
Qantm House, Level 4
138 Albert Street, Brisbane QLD 4000
Telephone: 07 3012 9389
Email address: online@pavection.com

1.1 Offer to purchase

The terms and conditions in this document apply after You have made an Offer to purchase the selected Goods from Us at the prices indicated. The price of the Goods includes:

(a) the Goods Ordered;

(b) GST, where applicable;

(c) shipping costs, where applicable; and

(d) insurance to the Customer’s delivery address, where the delivery address is in Australia.

1.2 Acknowledgment

(a) You acknowledge and agree that You have had sufficient opportunity to read and understand the terms and conditions on which We are prepared to accept Your Offer and that You are legally able to make such an Offer.

(b) You acknowledge that these terms and conditions were brought to Your attention prior to making the Offer to purchase the selected Goods.

(c) If making an Offer, You warrant that:

(i) the information provided regarding the delivery address and Your contact information is accurate; and
(ii) You understand that We may contact You to confirm the details that You have provided to Us regarding Your Offer and Your Account with Us.

If You are not prepared to be bound by these Terms of Sale, do not proceed with Your Order.

2. Definitions & interpretation

2.1 Definitions

In this Terms of Sale, unless the context or subject matter otherwise requires:

Account means the details including a username and password that provides You with access to Our Website.

Agreement means the terms and conditions contained in this Terms of Sale, including the Description of the Goods and any documents incorporated by reference.

Anticipated Shipping Time means the amount of time that the Company expects that it will take before the Goods will be delivered to the Customer (if any),

Australian Consumer Law means the law as set out in the Competition and Consumer Act 2010 (Cth).

Charges means all other costs which the Customer agrees to accept as shown on the Website.

Consequential Loss means any indirect, special or consequential loss or damage and any loss of income, loss of revenue, loss of profit, loss of production, loss of goodwill, loss of use, loss of financial opportunity, financing costs, loss of business or loss of business opportunity, loss of contract, loss from third party claims or failure to realise anticipated savings (whether the loss is direct or indirect).

Customer means a Party to this Terms of Sale Agreement that has made an Offer to purchase the selected Goods from the Company on the terms and conditions contained herein.

Description means the words and images used to describe the Goods appearing on our Website that are selected by the Customer.

Goods means those items which the Customer has offered to purchase from Pavéction the description of which is shown on Our Website.

Offer means the offer by the Customer to purchase the Goods selected from Our Website.

GST means goods and services tax or another tax that is substituted or replaces GST.
Order means an Offer which has been accepted by the Company to supply the Goods selected by the Customer on the terms contained in this Agreement.

Parties or Party means Pavéction and the Customer that are parties to this Terms of Sale as the case and the context requires.

Price means the total amount of money to be paid for the Goods shown on the Order received from the Customer.

Returns Policy means the Company’s policy by which it will allow the Customer to return Goods as provided on Our Website.

Website means the website accessible at https://www.pavection.com.

2.2 Interpretation

In this Agreement:

(a) a reference to:

(i) one (1) gender includes the others;
(ii) the singular includes the plural and the plural includes the singular;
(iii) a person includes a body corporate;
(iv) a document or instrument includes the document or instrumented as novated, altered, supplemented or replaced from time to time;
(v) a Party includes the Party’s executors, administrators, successors and permitted assigns;
(vi) a statute, regulation or provision of a statute or regulation (Statutory Provision) includes:

I. that Statutory Provision as amended or re-enacted from time to time; and
II. a statute, regulation or provision enacted in replacement of that Statutory Provision;

(vii) an amount of money is to an amount in Australian dollars ($AUD);
(viii) time is to Australian Eastern Standard Time; and
(ix) a Schedule refers to a Schedule contained in this Agreement;

(b) including and similar expressions are not words of limitation;

(c) where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning;

(d) headings and the table of contents are for convenience only and do not form part of this Agreement or affect its interpretation;

(e) where a day on or by which an obligation must be performed or an event must occur is not a business day, the obligation must be performed or the event must occur on or by the next business day; and

(f) a provision of this Terms of Sale must not be construed to the disadvantage of a Party merely because that Party was responsible for the preparation of this Agreement or the inclusion of the provision in it.

Operative part

2.3 Sale and purchase

The Customer has offered to purchase the items selected from Our Website and agree that the terms and conditions contained in this Agreement apply to Your Order.

2.4 Placement of Orders

We may decline any Offer received from the Customer by written notice to the Customer within three (3) days of its receipt.

2.5 Sale by sample

(a) If the Goods delivered to the Customer pursuant to this Agreement correspond with the description made available to the Customer by or on behalf the Company and inspected by the Customer, these Goods are taken to conform with the description contained in the Order.

(b) The Customer acknowledges that minor variations between the sample and the Goods as delivered do not breach this clause and, to the extent permitted by law, do not breach the Australian Consumer Law.

2.6 Acceptance of Offer

The Offer is accepted and becomes an Order when We accept the Offer as contained in the Once Your Offer is accepted, We sell to You, and You buy from Us the Goods on the terms and conditions contained in this Agreement.

2.7 Delivery

(a) We will deliver the Goods to the address supplied by You within the Anticipated Shipping Time. You consent to Us using the shipping company of Our choice to deliver the Goods to You.

(b) If your delivery address is not located in Australia, You accept that delivery of the Goods may be subject to your payment of importation taxes or duties upon arriving in your country of delivery.

2.8 Insurance

(a) We will insure the Goods until Risk passes to You, as provided for at clause 4.2. For clarity, if delivery of the Goods is arranged by Us, the Goods will be insured until delivery to You is completed.

(b) Unless otherwise agreed in writing between Us and You, We will not insure the Goods in accordance with clause 2.8(a) where Your delivery address is not located in Australia.

2.9 Price

The Prices quoted by the Company and shown on the Website apply at the time the Offer is made by You and not at any other time.

2.10 GST

The Price is inclusive of GST.

3. Use of account

3.1 Account and password

You agree to keep any passwords provided by Us to the Website confidential. You are expressly prohibited from sharing Your account details with third parties.

3.2 Termination of Account

(a) We reserve the right to limit, cancel, suspend, or terminate Your account without notice to You and without providing a reason if We believe:

(i) You are breaching any of the terms of this Agreement which cannot be remedied; or
(ii) Your use of the account may be a breach of a third party’s intellectual property rights.

(b) You agree not to hold Us liable for claims, demands or damages (including actual and consequential) of any kind for the closing of Your Account.

4. Title, risk, and payment

4.1 Title

(a) Title to the Goods is free of encumbrances and all other adverse interests pass on receipt of the Price by Pavéction.

(b) Title to the Goods shown in an Order passes to the Customer free of encumbrances and all other adverse interests upon receipt by Pavéction of payment of the Price. Until the title to the Goods shown on the Order passes to the Customer, the Company holds a security interest in the Goods and all proceeds from the sale of the Goods as contemplated under the Personal Property Security Act 2009 (Cth).

4.2 Risk

Risk in the Goods passes to the Customer on delivery of that Order to the Customer or collection of that Order by the Customer’s agent or courier as the case requires.

4.3 Payment

You agree to pay for the Goods using a nominated payment method accepted by Pavéction upon finalisation of the Order prior to delivery.

5. Refunds

5.1 No refunds

(a) Subject to clause 7.2 and to the maximum extent permitted by law, the Company does not issue refunds for Goods purchased.

(b) Without limiting the preceding clause 5.1(a), the Company does not offer refunds where:

(i) You have changed Your mind; and
(ii) the Goods have, as determined by the Company acting reasonably, been removed from its packaging, interfered with, or otherwise tampered with.

5.2 Refunds Policy

The Company will deal with refunds for damaged and defective Goods according to our Refund Policy.

6. Disclaimer of warranties

(a) You expressly acknowledge and agree that, to the maximum extent permitted by law subject to the Company’s compliance with the obligations contained in the Competition and Consumer Act 2010 (Cth) (ACL) its officers, employees, agents, expressly disclaim all warranties of any kind, whether express or implied, except the warranties that the Goods are provided with clear title, are of acceptable quality, are fit for the particular purpose for which they were supplied and that they comply with their description (Non-Excludable Provisions).

(b) the Company makes no warranty that:

(i) the Goods will meet Your exact requirements;
(ii) the performance of the Goods will meet your expectations.

(c) Customer warranties

The Customer warrants that:

(i) the Goods have been obtained at the Customers own discretion and risk;
(ii) it will use the Goods strictly as required by any guidelines or recommendations provided by the Company;
(iii) it has made its own investigations into the suitability of the Goods and is not relying on any representation not expressly made by the Company;
(iv) it will take out any policy of insurance as advised by the Company to protect against any foreseeable risk posed by use of the Goods; and
(v) no advice or information, whether oral or written, obtained from the Company in relation to the Goods creates any warranty not expressly stated herein.

7. Limitation of liability

(a) Subject to any claims made because of a breach of a Non-Excludable Provision available under the ACL, the Company, its employees, officers and agents are not liable for any loss or damage, including, but not limited to, direct, Consequential Losses, or personal injury or death, however suffered or sustained in connection with:

(i) any inaccurate or incorrect information provided about the Goods;
(ii) the Customer’s use of the Goods;
(iii) any failure or delay including, but not limited to, the use or inability to use the Goods.

7.2 Agreed liability

(a) Nothing in this Agreement attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the ACL.

(b) In Australia, the Company’s goods come with guarantees which 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.

(c) For claims that cannot be excluded or restricted under the ACL, the liability of the Company for such a claim will (at the Company’s option and to the extent permitted by law) be limited to:

(i) in the case of Goods:

I. replacement of the Goods or the supply of equivalent Goods;
II. the cost of replacing the Goods or acquiring equivalent Goods;
III. repair of the Goods; and
IV. the cost of having the Goods repaired; or
V. the Total Payable amount for the Goods on the Order Form, inclusive of GST
VI. whichever is the greater.

(ii) for services:

I. supplying the services again; and
II. payment of the cost of having the services supplied again.

(d) Nothing in this Agreement attempts to limit or exclude liability of the Company in compliance with section 64 of Schedule 2 of the ACL.

8. Indemnity

(a) The Customer indemnifies, and must keep indemnified, the Company and its employees officers and agents, against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by the Company, arising from or in connection with, either directly or indirectly the Customer’s breach of any of its obligations contained in this Terms of Sale, including but limited to the making of a warranty that is inaccurate or incomplete.

(b) The Customer indemnifies, defends and, holds harmless the Company, its employees, officers, authorised representatives and agents (Indemnified Parties) against any claim or proceeding that is made, threatened or commenced, and any liability, loss, damage or expense (including reasonable legal costs on a solicitor and own client basis) that the Indemnified Parties may incur or suffer as a direct or indirect result of:

(i) Your breach of any provisions of this Agreement;
(ii) Your negligent acts or omissions;
(iii) Your actual or alleged breach of any law, legislation, regulation, by-law, or code of conduct; or
(iv) any claims brought by or on behalf of a third party relating to any act or omission by You, including infringement of a third party’s intellectual property rights.

9. General provisions

(a) Assignment – Pavéction may assign any of its rights and obligations under this Agreement by notifying the other Party of such an assignment. The Customer may not assign its rights under this Agreement without the prior written consent of Pavéction, which may be granted or withheld in Pavéction’s complete discretion and, if granted, may be subject to conditions.

(b) Entire agreement – This document contains the entire agreement between the Parties in connection with its subject matter and supersedes all previous agreements and understandings except as otherwise provided herein.

(c) Governing law and jurisdiction – This Agreement is governed by the laws of Queensland, Australia and each Party irrevocably submits to the non-exclusive jurisdiction of the Courts of Queensland, Australia.