This website is owned and operated by CleverPatch Pty Ltd (ABN 48 130 866 885), (referred to as “we”, “us” and “our”). By using our website, creating an account with us or placing an order for any of our products, you agree to the terms below and you should read them carefully.
These terms apply to all transactions between you and us. We may change these terms at any time by posting revised terms on our website. Please check back often and each time you place an order with us, for the most up-to-date information.
1. Our Website and Catalogues
1.1. The material on our website and in our catalogues is protected by copyright under the laws of Australia and other countries through international treaties.
1.2. Unless otherwise indicated, as between you and us, we own our website, trade mark CleverPatch and all content on our website and in our catalogues (including all intellectual property rights therein).
1.3. We grant you a non-exclusive, worldwide, non-transferrable licence to access and use our website, but only for your own personal, non-commercial use. You may print any page within our website for personal, non-commercial use.
1.4. Some parts of our website allow you to add your own content to our website or register an account with us. You must not add any content or provide information:
(a) that is incorrect or misleading;
(b) unless you hold all of the necessary rights, licences and consents to do so;
(c) that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
(d) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
(e) that would bring us, or our website, into disrepute; or
(f) that infringes the intellectual property or other rights of any person.
1.5. By posting or adding content to our website, you grant us a perpetual, non-exclusive, royalty-free, irrevocable worldwide licence to use that content in any way (including through a third party service provider or to change or reproduce that content) and you permit us to authorise other persons to do the same thing.
1.6. You consent to any act or omission that would otherwise constitute an infringement of moral rights, and if you add any content in which any third party has moral rights, you must also ensure the third party also consents in the same manner.
1.7. You acknowledge and agree that:
(a) we retain complete editorial control over the website and may alter, amend or cease operation of our website at any time at our discretion;
(b) you are responsible for maintaining the confidentiality of your account and password and you accept responsibility for all activities that occur under your account and password; and
(c) the website will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
2. Information About Our Products
2.1. All information on our website and in our catalogues concerning the use of our products is provided in good faith as a guide only and is believed to be accurate, appropriate and reliable at the time it is given.
2.2. This includes, but is not limited to, information relating to age suitability or our suggestions and ideas of activities for use of the products. It is provided without any warranty as to the accuracy, reliability or completeness of such information.
2.3. We do not accept any liability or responsibility for any loss suffered as a result of your reliance on any information we provide in relation to our products.
2.4. Our catalogues will be sent to customers on our mailing list free of charge. Where you make a specific request for our catalogue, we may charge you a fee.
3. Placing an Order
3.1. When you would like us to supply a product to you, you may place an order on our website, by facsimile or by telephone.
3.2. Your order constitutes an offer to purchase our products and we may accept or reject your order at our discretion. For example, we may decide not to accept your order if a product ordered is not available or if we do not receive payment from you.
3.3. Where we do not accept your order, we will endeavour to notify you by email or telephone within a reasonable time after you submit your order.
3.4. You warrant that all information contained in your order is correct. Any costs we incur by relying on incorrect or inadequate information may result in an additional charge to you.
3.5. An order cannot be varied, cancelled or withdrawn by you unless we agree in writing.
3.6. The information, descriptions, specifications and samples of products which appear on our website and in our catalogues are solely given for identifying our products and are approximations only.
3.7. You understand that we will take reasonable steps to supply you with products as described, but sometimes the exact product may not be available. You agree that we may supply you with an alternative, similar product in satisfaction of your order.
3.8. Subject to any guarantees under the Australian Consumer Law, small deviations or slight variations from the products described which do not substantially affect your use of the products will not entitle you to reject the products on delivery or make any claim in respect of them.
4.1. All prices stated on our website and in our catalogue:
(a) are in Australian dollars; and
(b) exclude delivery charges and all sales, excise or other similar taxes (including Goods and Services Tax (“GST” under the A New Tax System (Goods and Services Tax) Act 1999).
4.2. You must pay all delivery charges and all sales, excise, GST and other similar taxes in connection with our supply of products to you, in addition to the price.
4.3. For applicable delivery charges, please refer to our Shipping page.
4.4. Our prices will change from time to time. You must pay our rates or prices current as at the date an order is made by you.
5.1. Payment must be made by credit card at the same time as your order, unless we agree in writing to offer you an account. We accept Visa and Mastercard for all payments.
5.2. Account customers must pay our invoice within 30 days of the date of the invoice. We do not issue statements to account customers.
5.3. Payments may also be made by account holders directly to our bank account, quoting the relevant invoice reference, at the following details:
Bank: Commonwealth Bank, Newcastle
Account Name: CleverPatch Pty Ltd
Account Number: 1033 8267
BSB: 062 815
5.4. If we do not receive payment of our invoice by the due date for payment:
(a) interest will accrue on the outstanding amount at the rate of 8% per annum, calculated daily from the date of the invoice until the date the outstanding amount is paid in full;
(b) we may decline to accept any further order from you; and
(c) we may suspend or cease delivery of products to you.
6. Delivery and Risk
6.1. We will deliver to you by leaving the product at the delivery address specified in your order.
6.2. Risk in the products pass to you upon delivery to that address. You are responsible for any loss or damage to the product from the time of delivery.
6.3. We take all reasonable measures to meet the delivery times stated on our Shipping page, however those delivery times are provided as an estimate only and are not a fixed time frame.
6.4. Delivery time estimates commence from the time we accept your order. Subject to our obligations under the Australian Consumer Law, this estimate is not binding upon us.
6.5. Where you order a product that we do not have in stock, we may place an order for the product from our supplier and deliver it to you when it becomes available. In return for you agreeing to accept delayed delivery for this product, we will not charge you for shipping costs where this occurs.
7. Ownership of Products
7.1. We own the products that you order until the later of:
(a) we receive payment in full of your order; or
(b) delivery of the product, after which ownership of the product passes to you.
7.2. If you are an account customer and we do not receive payment by the due date, then in respect of our products which have not been paid for, you agree:
(a) to immediately return the products to us, in accordance with our request and at your cost; and
(b) we may recover possession of the products (or any part) and we may enter on any premises occupied by you in order to do so, without prejudice to any other rights or remedies that we may have.
8. Your Obligations
8.1. In addition to your other obligations under these terms, you agree that our products will be used:
(a) with due care;
(b) in accordance with any product specifications or instructions; and
(c) by children only under the direct supervision of a responsible adult.
8.2. You agree that your use of the products is at your risk after delivery and you have not relied on any information about the use of our products contained on our website or in our catalogues.
9.1. If you discover a fault or problem with our product, you must contact us within 7 days of delivery by calling Customer Service on Toll Free 1300 836 522.
9.2. If you do not contact us within 7 days of delivery, this means you agree that you received the products without any fault or problem. You acknowledge it is reasonably expected that any fault or problem with the product would be discovered within this time.
9.3. Once you have contacted us within 7 days of delivery, the product becomes our property and we may authorise return of the product to us at your cost. You must comply with our reasonable directions relating to the return of the product.
9.4. We will not accept the return or offer a refund of a product that has been thrown away, destroyed, lost or damaged after delivery to you.
9.5. Products are designed for the purpose described and must be used by children of an appropriate age under capable adult supervision if required. CleverPatch offers a standard 12 month warranty on all products. Should an issue exist with a product, photographic images may be required to support a warranty claim. In the event it is deemed a product has been misused a warranty claim may not be honoured. Customers are entitled to a replacement product or refund for a product deemed faulty.
9.6. Nothing in this clause 9 affects your rights in respect of any alleged failure of a guarantee under the Australian Consumer Law.
10.1 From time to time, we may offer promo codes which may apply to any, or certain specified purchases made through the CleverPatch Website. Each Promo Code will be subject to specific terms & conditions specified at the time the promo code is issued (including the length of time to use the code) in addition to the standard Terms & Conditions.
10.2 The standard Terms & Conditions for promo codes are:
(a) There are two ways of receiving a promo code:
(i) We may send one to you via email.
(ii) From time to time, we may offer promo codes on the CleverPatch Website that you can apply at checkout in order to receive a specific discount from us.
(b) Only one promo code can be used against an order at any one time.
(c) A promo code can't be applied to an order after that order has been placed.
(d) A minimum spend limit as advised
(e) Certain brand or product category exclusions may apply.
(f) If the promo code has expired, you won’t be able use it.
(g) CleverPatch does not accept any responsibility once we have given you a promo code and we are not obliged to provide you with a replacement if it gets lost and/or gets used by someone else as this will result in the promo code being cancelled.
(h) If a promo code is offered on the CleverPatch Website and can’t run properly because of fraud, tampering, technical errors or anything else that is beyond our control which affects the running, administration, security or fairness of the promo code, we reserve the right to cancel, modify or suspend the promo code.
(i) Promo codes are non-transferable and cannot be exchanged for cash. If you receive a promo code, it can only be used by you on your own CleverPatch account for the purpose for which it was issued. You must keep it confidential and only use it for making your own orders on CleverPatch. Don’t pass your code directly on to others or make it available to others (for example, posting it on social media or on a forum). If we believe that at the point of purchase or retrospectively you are abusing the use of promo codes in any way (for example, selling them to others), we reserve the right to cancel your promo code or suspend/close your CleverPatch account without letting you know beforehand.
10.3 20% Off Sitewide Terms and Conditions:
(a) Applicable to all orders over $300 ex GST.
(b) Additional freight charges may apply to certain areas depending upon size, weight and final destination of your order.
(c) Offer end date midnight 30/4/17
11. Limitation of Liability
11.1. The law (including the Australian Consumer Law) implies certain terms, conditions, warranties or consumer guarantees into contracts for the supply of goods (“Prescribed Terms”) and prohibits the exclusion, restriction or modification of those Prescribed Terms.
11.2. Without excluding, restricting or modifying the rights you have under any Prescribed Terms, to the extent permitted by law:
(a) we are not liable to you in contract or in tort arising out of, or in connection with:
(i) the performance of our products or any breach of these terms;
(ii) any fact, matter or thing relating to our products; or
(iii) any error in information supplied to you or a user before or after the date of your or the user’s use of our products;
(b) you do not have any cause of action or right to claim or recover from us for, or in connection with, any loss or damage of any kind whatsoever, caused directly or indirectly by any default or negligence on our part, or any of our employees, contractors or agents or of any person for whom we have legal responsibility relating to the supply or, or otherwise concerning products or any part of the products; and
(c) our liability (if any) in respect of a breach of a Prescribed Term relating to our products or any part of our products is limited at our option to the repair of the product, replacement of the product, or the cost of repair or replacement of the product.
11.3. You agree to indemnify us, and will keep us indemnified, in respect of any loss or damage of any kind whatsoever, arising out of or in connection with the use of our products, including but not limited to any failure to use the products:
(a) with due care;
(b) in accordance with any product specifications or instructions; or
(c) under the direct supervision of a responsible adult.
12.1. We collect personal information from you directly if you add content or input information into our website, including when you register an account or place an order. We may also collect cookies from your computer, which enables us to tell when and how you use our website.
13. Force Majeure
13.1. If by reason of any matter or thing beyond our reasonable control, we are unable to perform any of our obligations under these terms, then you agree that:
(a) we are relieved of that obligation to the extent and for the period we are unable to perform such obligation; and
(b) we will not be liable to you for failure to perform such obligation to the extent and for the period of non-performance contemplated by this clause.
14.1. These terms are governed by the laws of New South Wales, Australia, and you agree to submit to the non-exclusive jurisdiction of the courts of that state.
14.2. These terms represent the entire understanding between you and us in relation to the subject matter and can only be modified by our written consent.
14.3. If any provision of these terms at any time becomes void, voidable or unenforceable, the remaining provisions will continue to have full force and effect.