Terms and Conditions
CHEAP CONCRETE SUPPLIES -
TERMS AND CONDITIONS
1. Acceptance
1.1. This website (Site) is operated by Radcrete Construction Supplies Pty Ltd (ABN 55 632 167 321) (we, our or us). It is available at: https://cheapconcretesupplies.com.au and may be available through other addresses or channels, Or purchasing may be completed via phone or text or direct emailing to admin@cheapconcretesupplies.com.au. Our Site and Offices operates a business for the sale of concrete and associated products. We do not provide services relating to, and do not assist with, the installation or placement of concrete or any associated products.
1.2. By accessing and/or using the Site, or by communicating verbally or electronically direct you:
1.2.1.1. warrant to us that you have reviewed these Terms and Conditions (Terms), with your parent or legal guardian (if you are under 18 years of age), and you understand them;
1.2.1.2. warrant to us that you have the legal capacity to enter into a legally binding agreement with us or (if you are under 18 years of age) you have your parent’s or legal guardian’s permission to access and use the Site and they have agreed to the Terms on your behalf; and
1.2.1.3. agree to use the Site in accordance with the Terms. Please read the Terms carefully and immediately cease using the Site if you do not agree to them.
1.3. You must not create an account and/or place an order for products through the Site unless you are at least 18 years of age.
2. Registration
2.1. You may create an account to purchase products from us. You must ensure that any personal information you give to us when creating an account is accurate and up-to-date.
2.2. When you create an account, we will give you certain account details or provide you with the opportunity to choose your own account details (such as a username and password). It is your responsibility to keep your account details confidential. You are liable for all activity on your account, including purchases made using your account details.
3. Collection Notice
3.1. You must provide us with all the necessary information, and we will collect personal information about you, in order to enable:
3.1.1.1. you to access and use the Site;
3.1.1.2. you to purchase concrete and associated products from us, via the Site, or, as are emailed to/from you via direct email, or completed verbally over the phone; including emailed orders that allow you to proceed directly to check out via clicking on 'blue button', you are bound by all these same Terms and Conditions for any subsequent requests/orders that you request via any means.;
3.1.1.3. us to contact and communicate with you;
3.1.1.4. us to respond to your enquiries or requests; and/or
3.1.1.5. us to provide you with advertising or marketing material that we consider may be of interest to you.
3.1.1.6. us to collect any portion of payment required to complete the purchase transaction, including any additional charges incurred associated to your delivery.
3.2. We may disclose that information to third party service providers who help us to:
3.2.1.1. operate our Site;
3.2.1.2 assist with recovery of outstanding debt associated with delivery
3.2.1.3. respond to your enquiries and requests; and/or
3.2.1.4. deliver our products, (including information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners) or as required by law. If you do not provide this information, we may not be able to respond to your enquiries and requests and/or provide our products to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
3.3. By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information for any purpose connected with the Terms.
3.4. To unsubscribe from our e-mail database or opt-out of receiving advertising or marketing material, please contact us using the details on our Site.
4. Orders
4.1. You may order products from us as set out on the Site, or via phone/text or email request.
4.2. When placing an order for products, you must choose the type, quantity, delivery location and the date and time for delivery for the products.
4.3. Any order placed is an offer by you to purchase a particular product or products in accordance with these Terms and for the prices listed or advised (including the delivery and other charges and taxes, unless when ordering on line you have requested via the "special Instructions for seller" box an alternate qty or product - if so these additions will be confirmed and the price included via return confirmation email.) .
4.4. We may, at our absolute discretion, accept or reject an order (or otherwise accept an order subject to specified conditions, exclusions or assumptions) as well as adjust your requested date or time for delivery. We will Endeavor to notify you of a rejection, conditions of acceptance or adjustments to the date or time for delivery at the time of the order or within a reasonable time thereafter and in accordance with this clause
4. 4.5. It is your responsibility to check the order details, including selected products and pricing, before you submit your order through the Site. Correct any errors when the order is being repeated back to you ahead of delivery.
4.6. Any order made by you will be deemed a booking
4.7. We may contact you directly to confirm the details placed in your Booking. 4.8. You acknowledge and agree that, your booking/order is to be paid for in advance prior to delivery via credit card or direct debit or electronic transfer.
4.9. You accept that calls are recorded.
4.10. You acknowledge and agree that, once you have placed your order via site, or verbal or electronic request and we contact you for final confirmation ahead of delivery;
4.10.1.1 We will process your provided credit or debit card numbers for the amount payable for that delivery.
4.10.1.2. you have granted us permission to keep and store your nominated credit or debit card details and allow us to use these details to debit your nominated credit or debit card in accordance with these Terms (including for payment of any Reserve Amount (as defined below) and/or Additional Charges (as defined below) );
4.11 Prior to the delivery of your order, within a reasonable time after the satisfaction of the Preconditions to Supply (as determined by us) we will, contact you verbally and/or we will send you up to two emails or text messages with the order/delivery details, which may include an order number, the delivery and billing addresses, a description of what was ordered.
4.12 The Confirmation of Details Email or text or phone call may include: 4.12.1.1. advice for the purchase price of each product you order plus any applicable delivery and insurance costs based on the delivery options selected by you as set out on the Site (the Price); and
4.12.1.2. advice for a precautionary amount (Reserve Amount) to contribute towards any additional amounts to cover any incidentals or additional costs that we may suffer or incur in providing the products to you, including (without limitation):
4.12.2.3. any additional costs for a change in the quantity of the product you ordered (up to a maximum amount, that we may notify to you);
4.12.2.4. any costs we may incur from suppliers as a result of delivery address being more than 20km from the closest batch plant;
4.12.2.5. any costs we may incur from changes to regular mix or additional products requested by you, including but not limited to accelerators, retarders, aggregate mix or reduced line mix design;
4.12.2.6. any minimum load costs that we may suffer or incur that are caused, or contributed to, by you, from you;
4.12.2.7. any delay costs (waiting time) that we may suffer or incur that are caused, or contributed to, by you, from you; and
4.12.2.8. any costs (including environmental levies) we may incur from our suppliers as a result of any returned unused concrete to a batch plant (together, the Additional Charges).
4.12.2.9 any cost associated with same day cancelation (Additional Charges) 4.13. You agree to complete the checkout process, or provide payment for the advice described in clause
4.11 & 4.12, as a precondition to our supply of the products, before delivery of goods. You acknowledge and agree that by completing the checkout process or providing credit or debit card details for the delivery, you allow us to process your nominated credit or debit card for the amount of the Price (Delivery), Additional Charges and any estimated Reserve Amount.
4.14. You acknowledge and agree that if you fail to complete the checkout or provide debit or credit card details for processing we will cancel the Booking/Order/Request
4.15 You Agree that when we obtain your consent to put a hold on or debit your nominated credit or debit card for the Price and/or estimated Reserve Amount through our point of sale (POS) system;
4.15.1 You Acknowledge and agree that:
4.15.1.1. if we undertake any actions set out in clause 4. your nominated credit or debit card will be debited the Price, Additional Charges and/or estimated Reserve Amount;
4.15.1.3. if we are unable to put a hold on, or debit, your nominated credit or debit card for the Price and/or estimated Reserve Amount ahead of delivery, we reserve the right to not supply the products to you;
4.15.1.4. we may retrieve from you any delay costs that we may suffer or incur that are caused, or contributed to, by you;
4.15.1.5. on the nominated date of delivery, we will debit from your nominated credit or debit card the Price and keep any estimated Reserve Amount on hold for a period of up to168 business hours after the time of delivery;
4.12.1.5. we may debit your nominated credit or debit card for Additional Charges upon our receipt of the suppliers invoice for delivery;
4.12.1.6. if you exceed the Reserve Amount with Additional Charges, we reserve the right to debit your nominated credit or debit card for the remainder not covered by the Reserve Amount via our POS system;
4.12.1.7 if no Reserve Amount was held, we reserve the right to debit your nominated credit or debit card for the Additional Charges as incurred on your delivery.
4.12.1.8. we agree to release any hold on any amount of the estimated Reserve Amount which is not due and payable to us in accordance with these Terms; and 4.12.1.8. we have a booking window of up to 30 days.
4.12.1.9 if Additional Charges remain un paid due to insufficient funds on your nominated credit or debit card, we will contact you to arrange payment for the same with in 24 business hours.
4.12.1.10 If Additional Charges remain unpaid pursuant to
4.12.1.9 we may engage any means necessary to recoup the Additional Charges, any additional fees incurred in this action will be added to the total amount payable for Additional Charges
4.13. Within a reasonable time after you request your order, provided you have not cancelled the relevant order, we will contact you by phone, email or text message to confirm your order and the date and time for delivery of the products (Order Confirmation/Final Confirmation). Once we have provided the Order Confirmation, we will be deemed to have accepted your order as specified in the Order Confirmation. We have no obligation to provide any products to you under any order or these Terms unless we have advised of an Order Confirmation with respect to that order (and only insofar as provided in that Order Confirmation).
4.14. You acknowledge and agree that any phone call we have with you may be recorded by us.
4.15. Each order that we accept results in a separate binding agreement between you and us for the supply of products in accordance with these Terms. After the first Order Confirmation has occurred, you acknowledge and agree that any subsequent orders are covered by these same Terms and Conditions.
4.16. You may request a variation or change to the products, by providing verbal or written notice to us, with details of the variation or change. We will not be obliged to vary or change your order, once the order has been accepted by us, unless we confirm that we accept the variation or change and we notify you of any changes to the price of those products, and you have paid (or agree in writing to pay) the adjusted price in accordance with these Terms.
5. Availability and cancellation
5.1. All purchases made are subject to availability. We do our best to ensure all stock advertised is readily available and to keep the Site up to date with the availability of products.
5.2. If for any reason we cannot supply the products you order, we will contact you using the details you provided when you placed your order. For the avoidance of doubt, you acknowledge and agree that if our supply of the products you order is affected by our supplier (including for causes beyond our or our suppliers’ reasonable control, such as but not limited too; weather, plant breakdown, server breakdown, traffic delays) we will, in our absolute discretion and as your sole and exclusive remedy for the delay, refund or provide you with a credit for any payments you have made for the relevant products.
5.3. All inquiries, quotes, estimates, and purchases are made under an assumption the date selected will be a "Normal Delivery", meaning an average working day in nature. This excludes peak dates, special dates or times, such as, but not limited to, public holidays. Our online delivery calendar attempts to reflect this but may not be accurate. To secure delivery at a time or date outside of Normal Delivery, it must be explicitly recognized by us and specially arranged and confirmed.
5.4. You acknowledge and accept that if you cancel and order on the same day delivery is to occur a Same Day Cancelation fee will be applied, the fee is set by supplier or is applied at a rate of $50ex pm3 ordered;
5.4.1 Same Day Cancelation fee will be deemed an Additional Charge
6. Price and Payments
6.1. You must pay us the Price in accordance with clause 4. You must pay us any other amounts due and payable to us as set out in the Terms (including any Additional Charges and/or Reserve Amount), in accordance with the due date and payment methods set by us. All amounts are stated in Australian dollars and are inclusive of Australian GST (where applicable). We display delivery, Additional Charges and insurance costs separately from the product price and these costs will be set out on our Site or by email or by text or verbally.
6.2. By placing an order on the Site, Verbally or via text or email, you agree to have and to maintain a sufficient amount of funds, being an amount equivalent to, or more than, the Price, Additional Charges and the estimated Reserve Amount, on your nominated credit or debit card.
6.3. If you have insufficient funds on your nominated credit or debit card when payment of the Price and/or Reserve Amount is due, or if there are any additional costs or Additional Charges due and payable to us in accordance with these Terms, we will contact you directly to organise payment. You acknowledge and agree that any insufficient funds on your nominated credit or debit card may lead to the delay in the delivery of the products and/or cancellation of the order. 6.4. You must not pay, or attempt to pay, the Price by fraudulent or unlawful means.
6.5. If, for any reason (including due to the lack of sufficient funds on your credit card), any payment has not been made as set out on the Site or in the Terms, we may (at our absolute discretion) immediately cease supplying the products and/or charge you interest on the outstanding payment at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus 8% per annum, calculated daily and compounding monthly.
6.6. If the Price, any relevant portion of the Reserve Amount, Additional Charges or any other amount due under these Terms (including by way of indemnity) are unpaid by the time specified in these Terms, we reserve our right to recover our costs or expenses or to enter any place where the products are held for the purposes of recovering and repossessing the products. You agree that any damage caused by the removal of the product will be at your cost.
6.7 We have the right to make adjustments without notice to advertised prices
6.8 We reserve the right to claim any expense associated with the recovery of any outstanding debt.
7. Promotional Discount Codes We may from time to time issue promotional discount offers codes for certain products on the Site. To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site. The conditions of use relating to promotional discount codes will be specified on the Site at the time they are issued. We may from time to time issue promotional cashback promotions, the conditions of use relating to cash back’s will be specified on the Site at the time they are issued.
8. Delivery, title and risk
8.1. If possible we will deliver the products to the delivery address you provide when making your order. We deliver to those geographical regions set out on our Site.
8.2. Delivery costs are set out on the Site.
8.3. We will notify you of any estimated time for the dispatch of products when we confirm your order in accordance with clause 4.11 Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company.
8.4. If you need to change the delivery address or delivery date or time, please notify us immediately in writing.
8.5. We may deliver the products using a range of delivery methods. You or an authorised representative must be available to accept delivery at the delivery address on the nominated date and time for delivery. If neither you nor your authorised representative is at the delivery address to accept delivery on the nominated date and time for delivery, you acknowledge and agree that we may incur incidental costs and we will be able to claim the relevant Reserve Amount and/or Additional Charges from you. If neither you or your authorised representative is on site to accept delivery, we will use reasonable endeavors to follow your delivery instructions and if no delivery instructions are provided we will use reasonable endeavors to make the delivery and product safe and nonhazardous.
8.6. You must:
8.6.1.1. provide us (and any of our personnel) unfettered access to the delivery address: 8.6.1.1.1. free from harm or risk to health or safety; and 8.6.1.1.2. on the nominated date and time for delivery or in order to enable us to comply with our obligations under these Terms or at law; 8.6.1.2. ensure that you (and any of your personnel) do not cause or contribute to: 8.6.1.2.1. any injury or death to us or any of your personnel; or 8.6.1.2.2. loss of, or damage to, any of our (or our personnel’s) property; and 8.6.1.3. provide all assistance which we request, to enable us to comply with our obligations under these Terms or at law.
8.7. Title to the products will remain with us until you have paid us the Price and any relevant Reserve Amounts and Additional Charges in full in accordance with these Terms. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products. If you use the product without paying for the product, we may recover the product in accordance with these Terms.
8.8. Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order. For the avoidance of doubt, as soon as the product has been delivered it becomes your safety issue to secure and make the product safe.
9. Defects 9.1. If, within 24 hours after the delivery or collection of the products, you notify us in writing of any fault, defect or error in the products, excluding concrete products, which is caused by a breach of these Terms by us (Defect), along with a photo and description of the relevant Defect, we will, at our own cost:
9.1.1.1. repair or remedy the Defect (to the maximum amount of the Price); or 9.1.1.2. if we are unable to repair or remedy the Defect, offer you a choice of a credit or a refund with respect to that part of the Price applicable to the Defect. 9.2. If requested by us, you must make available or return to us the products the subject of a notice under clause 9.1, together with all packaging, parts, accessories, documentation and proof of purchase which were handed over by us with the products. You must adequately package any products you are returning to us to ensure they are not damaged during return delivery to us, and they must be in a reasonable condition.
9.3. You acknowledge and agree that due to the nature of concrete, there are various factors that influence the outcome of its placement. Despite anything to the contrary, to the maximum extent permitted by law, we will take no liability for any concrete we deliver. If, in your reasonable opinion, the concrete is Defective, we may, in our absolute discretion, raise your issue with the supplier and/or manufacturer directly and transfer to you any remuneration received as a result of any action commenced by us for the relevant Defect.
9.4. Despite anything to the contrary, to the maximum extent permitted by law, our aggregate liability for any fault, defect, error, omission or lack of functionality or suitability with respect to the products, excluding concrete, will be limited to, and must not exceed, the costs we incur in complying with clause 9.1.1.1 or 9.1.1.2 (as applicable).
10. Third Parties
10.1. You acknowledge and agree that: 10.1.1.1. the provision of the products may be contingent on, or impacted by, third parties, including customers, end users, suppliers, transportation or logistics providers or other subcontractors (Third Party Inputs); and 10.1.1.2. despite anything to the contrary, to the maximum extent permitted by law, we will not be responsible, and will have no liability, for any default or breach of these Terms or law, if such default or breach was caused or contributed to by any Third Party Inputs.
11. Limitations
11.1. Despite anything to the contrary, to the maximum extent permitted by law: 11.1.1.1. we do not accept returns for change of mind or other circumstances; 11.1.1.2. our maximum aggregate liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the products the subject of the relevant claim; and 11.1.1.3. we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. 11.2. Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any: 11.2.1.1. loss of, or damage to, the products, or any injury or loss to any person; 11.2.1.2. failure or delay in providing the products; or 11.2.1.3. breach of the Terms or any law, where caused or contributed to by any: 11.2.1.4. event or circumstance beyond our reasonable control; or 11.2.1.5. act or omission of you or your related parties, and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the products. 11.3. Nothing in the Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. In Australia, our goods come with guarantees which 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. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms. 12. Intellectual property
12.1. All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms and the products) will at all times vest, or remain vested, in us. 12.2. You must not, without our prior written consent: 12.2.1.1. copy or use, in whole or in part, any of our intellectual property; 12.2.1.2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party; or 12.2.1.3. breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of our intellectual property; causing any of any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property.
13. Termination
13.1. We may immediately suspend, terminate or limit your access to and use of the Site and (where applicable) your account) if you breach the Terms and the breach cannot be remedied or is not remedied within 5 business days of us notifying you of the breach. 13.2. You may stop using the Site at any time for any reason. 13.3. We may stop making the Site (or any part of it) available without prior notice. If we do this, any order that we have accepted will not be affected, subject to the Terms.
14. General
14.1. Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause). 14.2. Notices: Any notice given under these Terms must be in writing and addressed to us at the details set out below or to you at the details provided when setting up your account or submitting your order. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 business hours in the case of post, or at the time of transmission in the case of email. 14.3. Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing. 14.4. Relationship of parties: These Terms are not intended to create a partnership, joint venture or agency relationship between the parties. 14.5. Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions. 14.6. Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent. 14.7. Entire agreement: The Terms contain the entire understanding and agreement between you and us in respect of their subject matter. 14.8. Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order. 14.9. Governing law: These Terms are governed by the laws of Queensland. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with these laws in the place you access the Site.
15. Advertising
15.1. Advertised prices do not include delivery, booking fee, Reserve Amount or cover any Additional Charges. 15.2. Advertised products are subject to availability, please refer to 5. 15.3. Information on advertisements is only valid for the period of the advertising campaign and may change. 15.4. To obtain any advertised concrete price offered via Facebook or Instagram, the order must: 15.4.1 have a quantity over 4m3; 15.4.2 be 20/20/80mpa normal concrete; 15.4.3 be requested for an available, offpeak, weekday delivery; 15.4.4 accumulate zero Additional Charges; 15.4.5 and not take any actions that require the use of the Reserve Amount.
For any questions and notices, please contact us at: Radcrete Construction Supplies (ABN 55 632 167 321) PO BOX 576 Mudgeeraba, QLD 4213 Email: admin@cheapconcretesupplies.com.au Last update: 28/01/2023