Terms & Conditions
We’ll try and keep this short and sweet....
In these terms and conditions, “we” “us” and “our” refers to frank green LLC, Pty Ltd ACN 166 075 592 of registered address 34-36 Commercial Drive Dandenong South Victoria Australia 3175. 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
Sydney Clearance Sale
Entry and attendance
Entry is subject to venue capacity, safety requirements and any reasonable directions given by frank green staff or venue representatives. frank green reserves the right to refuse entry or ask a person to leave where their behaviour is unsafe, disruptive, abusive or otherwise inappropriate.
Product availability
All products are available while stocks last. Product ranges, colours, sizes, styles and quantities may vary throughout the event. frank green does not guarantee that any particular product will be available at any particular time. No rainchecks, holds, lay-bys or pre-orders will be available unless expressly stated by frank green.
Clearance stock
Products sold at the event may include clearance items, discontinued items, samples, excess stock, packaging-damaged stock, display stock or items with minor cosmetic imperfections. Where a product has a known fault or imperfection, frank green will make reasonable efforts to disclose this before purchase. Customers are encouraged to inspect items carefully before completing their purchase.
Pricing and payment
All prices are in Australian dollars and include GST unless otherwise stated. Prices are event-specific and may not be available online, in-store or after the event. frank green may correct any pricing or ticketing error before a transaction is completed. If a price is corrected before purchase, the customer may choose whether or not to proceed. Any card surcharge, if applicable, will be disclosed before payment is processed.
No change-of-mind returns
Due to the nature of the Warehouse Clearance event, frank green will not offer refunds, exchanges or credits for change of mind. This includes where a customer later decides they do not like the product, selects the wrong colour, size or style, finds the product cheaper elsewhere, or no longer has a use for the product.
Australian Consumer Law
Nothing in these Terms & Conditions excludes, restricts or modifies any rights customers may have under the Australian Consumer Law. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. Customers may be entitled to a replacement, refund or other remedy where a product fails to meet a consumer guarantee, including where the product is faulty, unsafe, not of acceptable quality, not fit for purpose, or does not match its description. Where a product has a minor problem, frank green may provide a repair or other remedy in accordance with the Australian Consumer Law. Where a product has a major problem, customers may be entitled to choose a refund or replacement, subject to the Australian Consumer Law. Customers will not be entitled to a remedy for a fault or imperfection that was specifically disclosed before purchase, unless the product has a separate issue that was not disclosed.
Proof of purchase
Customers may be required to provide proof of purchase for any return, refund, exchange or remedy request. Proof of purchase may include a receipt, transaction record or other evidence accepted by frank green.
Promotions and discounts
Event offers, discounts and promotions cannot be used with any other offer, discount code, voucher, gift card or promotion unless expressly stated. Discounts cannot be applied retrospectively to previous purchases.
Resale and commercial purchasing
The event is intended for personal consumer purchases. frank green may refuse or limit transactions that appear to be for unauthorised resale or commercial purposes.
Bags, prams and personal items
For safety and security reasons, frank green or venue staff may ask customers to keep bags, prams or personal items clear of walkways and product areas. Customers are responsible for their own belongings while attending the event.
Photography and filming
Photography or filming may take place at the event for promotional, social media or internal business purposes. Customers who do not wish to be photographed or filmed should let a frank green team member know on arrival.
Changes to the event
frank green may change event details, trading hours, stock availability, entry processes or these Terms & Conditions where reasonably necessary, including for operational, safety, venue or stock-related reasons.
Free Shipping Over $75 (Ongoing)
Spend over $75 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.
Free monogramming for eligible frank friends on their first purchase
Recipients will receive a promo code via email, valid for one use only within 7 days of receiving it. To redeem, copy and paste the unique code at checkout. The free monogramming offer applies to one product only, in a single transaction. Offer can only be redeemed online at https://frankgreen.com.au/, and is not valid with any other offers, partners or stockists of frank green. Exchanges or refunds will not be available on monogrammed items. See our exchanges and returns policy here. Please note, monogramming may add 1-3 days to your dispatch time. 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.
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 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.
Please note, monogrammed items, limited edition collections and Lucky Bags are final sale and are not eligible for change of mind returns unless faulty or damaged.
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
