We’ll try and keep this short and sweet...

In these terms and conditions, “we” “us” and “our” refers to Frank Green Enterprises Pty Ltd ACN 166 075 592 of registered address 11 - 13 Chessell Street Southbank VIC 3205. Your access to and use of all information on this website including purchase of our product(s) is provided subject to the following terms and conditions and our privacy policy (together, the terms and conditions).

We reserve the right to amend the terms and conditions at any time and your use of the website will represent your agreement to be bound by these terms and conditions and any amendments which will take effect immediately.. We therefore recommend that each time you access our website you read these terms and conditions. If you do not agree to these terms and conditions please do not use our website or our products.

Product descriptions

We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct the error or omission.

Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.

Product orders

Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.

We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.

All prices are in Australian Dollars (AUD) and are inclusive of GST. Prices can be accessed on the product pages and we reserve the right to amend our prices at any time.

Unless specifically stated otherwise, shipping is an additional charge. For Australian orders shipping will be charged at a flat rate of $7.00.

For international orders, shipping will be calculated based on the destination selected at time of purchase. International orders may be subject to import duties and taxes, which are levied once a shipment reaches its destination. Any additional charges including customs clearance are your responsibility.

When you order from us, we require you to provide your name, address for delivery, email address, telephone contact and credit card details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.

Once you have submitted an order, you may not cancel that order even if our acceptance or rejection of your offer is still pending.

We undertake to ship your ordered product(s) within 48 hours of your order being received on a normal business day. Title in the goods passes to you when you have signed for the delivery.

Once your order has been shipped we will provide you a link our third party logistics provider to track your parcel.

All risk of loss or damage to the goods passes to you when we dispatch the goods.

 

Creating an account

To place an order on the Website, you will need to create an online account.

When you create an online account, it is very important that any personal details you provide are complete, true and up to date.

Please let us know if your personal details change or are recorded incorrectly and we will promptly update them.

You will need to create a password to access your online account. Your password must be unique and kept secure and private at all times. Please let us know immediately if you believe or suspect there to have been a breach of security or any unauthorised use of your account.

 

Payments

We process all online payments through PayPal or Stripe. This is transmitted via a GeoTrust Secure Sockets Layer version 3.0 (SSL) certificate which encrypts your credit card data for processing by either third party payment gateway.

All credit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment to frank green, we will not be liable for any delay or non-delivery.

If we are unable to process your credit card, please check to ensure you entered the details correctly and that the billing name and address match your credit card statement. Please refer to your credit card provider if the problem persists.

Gift Cards

Your frank green gift card can be redeemed (includes product and shipping) to the value of the gift card via the frank green website frankgreen.com.    

You do not have to use the total amount of your gift card in one transaction and can use the balance of the gift card over multiple transactions, within the validity period (within 12 months from date or purchase). To access your available balance, simply log in to your frank green account.

To redeem your gift card, simply select which products you would like to purchase and add to the cart. The gift card can be redeemed on the cart page when making your purchase. Your gift card amount will then be automatically deducted as payment on your order.

When redeeming your gift card, additional items or services may be added. The balance of the transaction must be paid using another payment accepted by the frank green website.

The gift card is valid for a period of 12 months from the purchase date.

The frank green gift card will be emailed to the recipient and a delivery notification will be emailed to the purchaser for their reference. The frank green products purchased with the gift card will arrive once the order has been processed with the gift card and payment has been taken.

Gift cards cannot be discounted, returned or exchanged for cash.

All returned items that were paid for with a gift card will be refunded as a store credit for you to use against a future purchase. This store credit will expire 12 months from issue.

To return an item that has been purchased with a gift card, just head to the FAQ page for further details.

If you return an item paid by both gift card and another payment method (ie credit card), you will be refunded up to the amount of your initial credit card payment and the remaining amount will be refunded as store credit.

 

Order cancellation due to error

Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to an error or oversight, we reserve the right to cancel a transaction. We will refund the total amount debited to your nominated bank as soon as practical.

 

Product returns

We undertake to replace any product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, you must notify us via our ‘contact us’ page.

Frank Green is happy to exchange products. We undertake to exchange any undamaged product purchased from us so long as it is returned unused and with proof of purchase within 14 days of purchase however we will not provide any refund of such purchase.  

Please note that under no circumstances will monogrammed or printed products be accepted for return due to change of mind.

If undamaged goods are returned to us for exchange, we do not refund any shipping charges. Return of undamaged goods for exchange is entirely at your cost and risk.

If we are unable to replace or exchange the returned goods, we undertake to reimburse your credit card for the amount initially debited for the purchase.

 

Site access

When you visit our website, we give you a temporary and limited licence to access and use our information for personal use.

Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, re-publish, distribute or display any of the information on this website without our prior express written permission of an Authorised Officer of Frank Green.

The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your meta tag or mirroring of our website.

 

Hyperlinks

This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.

You may only link to our website with our prior express written consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website's content including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.

 

Intellectual property rights

The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.

All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior express written consent.

 

Disclaimers

Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability, accuracy, adequacy or completeness, or fitness for a particular purpose.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.

We also take all due care to ensure but do not guarantee or warrant that our website is free of any virus, worm, Trojan horse and/or malware. We are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

 

Statutory guarantees and warranties to consumers

Schedule 2 of the Competition and Consumer Act 2010 (‘C&C Act’) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you. If you meet the definition of a consumer under the C&C Act gives you certain rights including:

  •    a statutory guarantee that, amongst other things, any products ordered will be fit for its intended purpose and conform to any description provided on our website; and
  •    certain remedies if a product is defective;

Nothing in these terms and conditions are intended to affect these rights. For more information about these rights, we suggest you visit your local fair trading or ACCC websites.

 

Indemnity

To the fullest extent permitted by law, you hereby agree to indemnify and hold harmless frank green and its officers, directors, employees, agents and representatives from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses, for any direct or indirect injury, damage, loss, cost or expense, arising in any way related to your breach of any of the Terms and Conditions or your use of our website or products.

 

Force Majeure

If a Force Majeure event causing delay, we may terminate this Agreement by giving at least 7 days Notice to you. ‘Force Majeure’ means any act, circumstance or omission over which we could not reasonably have exercised control.

 

Jurisdiction

These terms and conditions are to be governed by and construed in accordance with the laws of Victoria, Australia and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Victoria and you agree to submit to the jurisdiction of those Courts.

If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

 

Privacy

We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.

Our compliance with privacy legislation is set out in our separate privacy policy.


Limitation of liability 

Frank green shall only be liable to you for losses up to 100% of the total value of goods purchased.

We are not responsible for failure to meet any of our obligations under these terms and conditions where such failure is due to events beyond our reasonable control.

To the maximum extent permitted by law, in no event shall frank green, nor any of its officers, directors, employees, agents and representatives be held liable for any special, incidental, direct, punitive, indirect, consequential or any other damages or injury of any kind arising out of or in any way connected with your use of this Website or the frank green’s products or services, under any theory of liability, even if frank green has been expressly advised of the possibility of such damages.

 

Severability

If any provision of these terms and conditions is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

 

Changes to Terms

frank green is permitted to revise these terms and conditions at any time as it sees fit, and by using this website you are expected to review these terms and conditions on a regular basis, and agree to the current terms and conditions as posted here and updated from time to time.

 

Assignment

frank green is allowed to assign, transfer, and subcontract its rights and/or obligations under these terms and conditions without any notice to you. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations hereunder.

 

Governing law

These terms and conditions and our policies will be governed by and construed in accordance with Australian law and the relevant courts of Australia will have exclusive jurisdiction.

 

Payment facilities

Some frank green products have the optional capability of a prepaid facility issued by Heritage Bank Limited ABN 32 087 652 024 AFSL 240984 (Issuer) and distributed by EML Payment Solutions Limited AB 30 131 436 532 AFSL 404131 (EML). Under its AFSL, EML is authorised to provide financial services including arranging for the issue of non-cash payment facilities using this product. When providing financial services in relation to frank green products, EML acts on its own behalf.

Any advice contained in these terms and conditions is provided by Pay & Reward Pty Ltd ABN 43 619 304  979 as authorised representative of EML.

These terms and conditions have been prepared without taking into account your objectives, financial situation or needs and so you should, before acting on the basis of any advice contained in these terms and conditions, consider the appropriateness of the advice having regard to your circumstances. You should obtain and consider the Product Disclosure Statement for frank green pay available at frankgreen.com/au/pay before making a decision in relation to the facility.

The frank green Pay capability for any product is not valid until activated. Frank green Pay can only be used at contactless-enabled merchants/terminals. While generally accepted, use of frank green Pay may be declined by some merchants and may not operate in some countries.