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Terms & Conditions
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 Level 1, 3-7 Raglan Street South Melbourne 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.
Promotional T&Cs
7 Days of Giveaways
Promotion Details
By participating in the Promotion, each participant fully and unconditionally agrees and acknowledges that these terms and conditions are binding.
The promoter is frank green enterprises pty ltd, trading as frank green, ACN 166 075 592 of registered address Level 1, 3-7 Raglan Street South Melbourne VIC 3205 (Promoter).
Entry is open to Australian and New Zealand residents only.
PROMOTION PERIODS:
DAY 1: Commences at 10am (AEDT) 1 December 2024 and ends at 9.59am (AEDT) 2 December 2024 (Promotion Period).
DAY 2: Commences at 10am (AEDT) 2 December 2024 and ends at 9.59am (AEDT) 3 December 2024 (Promotion Period).
DAY 3: Commences at 10am (AEDT) 3 December 2024 and ends at 9.59am (AEDT) 4 December 2024 (Promotion Period).
DAY 4: Commences at 10am (AEDT) 4 December 2024 and ends at 9.59am (AEDT) 5 December 2024 (Promotion Period).
DAY 5: Commences at 10am (AEDT) 5 December 2024 and ends at 9.59am (AEDT) 6 December 2024 (Promotion Period).
DAY 6: Commences at 10am (AEDT) 6 December 2024 and ends at 9.59am (AEDT) 7 December 2024 (Promotion Period).
DAY 7: Commences at 10am (AEDT) 7 December 2024 and ends at 9.59am (AEDT) 8 December 2024 (Promotion Period).
HOW TO ENTER
For each daily giveaway, to enter this Promotion you must:
- Follow @frankgreen_official
- Tag a friend in the post.
Multiple entries are permitted.
Entering under a false account/s may invalidate all entries.
Employees of the Promoter, immediate family members of any employee, and any associated company or agency of the Promoter are not eligible to enter.
Entries not completed in accordance with these terms and conditions are void. Entries will be deemed void if stolen, forged, mutilated or tampered with in any way.
Draws and Prizes
The prize draw will take place at Level 1, 3-7 Raglan Street, South Melbourne VIC 3205 at 9AM (AEST) 14 October 2024.
The major prize winners for each day will win:
DAY 1: 1x Paws & Play Set
DAY 2: 1x Ceramic Coffee Cup (355ml) + 1x Iced Coffee Cup with Straw
DAY 3: 1x Roll With it Set
DAY 4: 1x Lunch Container, 1x Lunch Bag, 1x Lunch Ice Brick.
DAY 5: 1x Wine Down Set
DAY 6: 1x frankstersTM Bottle (475ml), 1x frankstersTM Bottle (595ml)
DAY 7: 1x Cactus Leather Sleeve (595ml), 1x Cactus Leather Bottle Holder (595ml), 1x Ceramic Reusable Bottle (595ml)
The winner/s of this promotion will be notified via Instagram DM to their nominated Instagram account within five business days of the draw. In this message the winner/s will be sent instructions regarding how to redeem their prize. The winner will then have 5 business days to respond and claim their prize.
Once the prize winners are deemed by the Promoter to have complied with these terms and conditions of entry, the Promoter will deliver the relevant prize within 28 days of the winner/s entry being verified and accepted.
The Promoter reserves the right to alter the rules of the competition at any time, subject to regulatory approval.
General
The Promoter reserves the right, in its sole discretion, to cancel, terminate, modify or suspend this competition and/or provide an alternative prize.
The Promoter accepts no responsibility for any problems or technical malfunction of any communication network or for any late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. The Promoter has no control over telephone communications, networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise. The
Promoter is not liable for any consequences of user error including (without limitation) any costs incurred.
The Promoter may, at its sole discretion, declare any or all entries made by an entrant invalid, and prohibit further participation by an entrant in this Promotion, if the entrant:
- fails to verify their personal details and/or eligibility to enter the Promotion to the Promoter's satisfaction;
- tampers with or benefits from any tampering with the entry process or the operation of the Promotion;
- submits an entry which in the Promoter's opinion is not in accordance with these Conditions of Entry;
- acts in a disruptive manner or with the intent to annoy, abuse, threaten or harass any other person; or engages in conduct in entering the Promotion which in the Promoter’s opinion is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion or Promoter.
The Promoter and associated agencies and companies shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with any prize/s except for any liability which cannot be excluded by law.
Any disputes relating to the conduct of the promotion or the claiming of a prize are to be resolved by the Promoter in their absolute and sole discretion and subject to applicable law or direction of a relevant authority.
The Promoter’s decisions in relation to the Promotion are final and no correspondence will be entered into.
Free Shipping Over $100 (Ongoing)
Spend over $100 AUD and receive free standard shipping (valued at $7.95 AUD) at checkout. Offer can only be redeemed online at https://frankgreen.com.au/ and is only valid for Australian delivery addresses. This offer is not valid for international online orders, for wholesale orders, or with any other partners or stockists of frank green. This offer may be extended or changed at frank green's discretion.
Donation at Cart (Ongoing)
100% of every $1AUD donated at checkout at https://frankgreen.com.au/ will be passed on to Parley LLC. Limit one dollar donation per transaction. No exchanges or refunds are available on donations. This offer can be redeemed online at https://frankgreen.com.au/ only. This website is enabled to securely take donations. This offer is not valid for international online orders, for wholesale orders, or with any other partners or stockists of frank green. This offer may end or change at frank green's discretion.
Complementary Pet Bandana with any Pet purchase
Available to Australian and New Zealand residents only. Promotion is only available for orders that include one or more pet products from 22 November to end of January 2025. Shop from the Pet Collection and add your pet bandana of choice to cart then enter the special code at checkout. Only ONE (1) complimentary Pet Bandana per order. The gift is non-refundable and cannot be exchanged. This offer is only valid for online pet product purchases made at https://frankgreen.com.au/ and is not applicable to wholesale orders, or purchases made through any frank green partners or stockists. The offer is available while stocks last. frank green reserves the right to extend or modify this offer at its discretion.
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. Charges will be provided accordingly in the checkout page when you select your shipping service.
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.
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 only via the frank green website (frankgreen.com). Gift cards purchased online are not redeemable with any stockists of frank green or as payment for frank green wholesale orders.
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 36 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 36 months from the purchase date.
The frank green gift card will be emailed to the purchaser who can forward it on to the recipient. 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 want you to love everything you order from frank green, but if something isn't quite right you have 14 days from receiving your parcel to initiate a return.
Product/s must be unopened, undamaged, and unused. Please note, monogrammed items, limited edition collections and Lucky Bags are final sale and are not eligible for return unless faulty or damaged on arrival.
Returns are issued as store credit, a refund to the original payment method or an instant refund to your bank account via Refundid. Shipping costs for change-of-mind returns are not covered, and you're responsible until the item is delivered and inspected. You will be able to purchase a label directly from us and the amount will be taken off your refund.
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.
If you are a consumer for the purposes of the ACL, frank green is required to make certain guarantees regarding the supply of the products (including guarantees as to acceptable quality, fitness for purpose, due care and skill) and frank green makes those guarantees to the extent it is required by law to do so.
To make a claim under the 12 month warranty, you must notify frank green in writing and provide a proof of purchase and sufficient photographic evidence of fault to enable us to identify the issue. We may request that you return the products to us for an in house assessment or request further information.
By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses (including consequential loss) including legal fees arising from or in connection with your use of our website.
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, a trading name of Heritage and People’s Choice Ltd ABN 11 087 651 125, AFSL and Australian Credit Licence 244310 (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.
Target Market Determinations for applicable products issued by Heritage Bank can be located at www.heritage.com.au/TMD
