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Frankie Small

Terms and Conditions

FRANKIE SMALL WEBSITE TERMS AND CONDITIONS

CONTRACT FORMATION

To contract with Frankie Small you must be over 18 years old, and have a valid credit or debit card issued by a bank acceptable to Frankie Small.  Frankie Small retains the right to refuse any request to make an order on-line

By placing an order you make an offer to purchase the goods subject to the terms and conditions contained in this document and elsewhere on the Frankie Small website (Terms and Conditions).  Once you have submitted your order by clicking the order confirmation page, you cannot cancel or amend your order (including details such as delivery address, method, changes to colours or sizes, or removing goods).

A contract is formed subject to the Terms and Conditions when Frankie Small receives payment for the goods that you order.

PRICE AND PAYMENT

The price of the goods is payable in Australian Dollars.  GST is included in the price on the website.  Delivery and shipping costs must be paid by you and will be included in the final cost disclosed to you before the Order Confirmation section.

Where you are purchasing from overseas, there may be additional duties, taxes, fees and charges which are imposed on imports. Please refer to Delivery and Shipping for further information.

Please also refer to Returns and Exchanges page which forms part of these Terms and Conditions

DELIVERY

Delivery will be arranged for you by Frankie Small using Australia Post, for the goods ordered by you to the person nominated by you at the address you give at the time of placing your order.

Delivery times are guides only and subject to delays resulting from postal services, customs or force majeure for which Frankie Small will not be held liable

You own the goods once they are dispatched to you by us.

Please also refer to Delivery and Shipping page which forms part of these Terms and Condition.

INACCURACIES

Frankie Small tries to make sure that all information on the website including details, descriptions and prices including delivery charges are accurate, without errors or omissions, but in the event that there are inaccuracies in any such information, Frankie Small is entitled to refuse to fulfil such orders.

LINKING TO THIS WEBSITE

Frankie Small gives permission to you to link any website owned by you to our homepage, so long as you do not breach any laws in doing so or damage the reputation of Frankie Small.  You must not establish a link in such a way as to suggest that Frankie Small approves or endorses you, where such approval or endorsement on our part does not exist.   Frankie Small reserves the right to withdraw permission to link to our website homepage without notice. Without limiting any other rights Frankie Small may have, if Frankie Small requests you to withdraw your link to Frankie Small, you agree to immediately do so.

COPYRIGHT

Frankie Small is the owner of all design, text and graphics used on the website. Frankie Small grants you permission to electronically copy and print hard copies of portions of this site for the sole purpose of using the site for your own personal research or for placing your order with Frankie Small. You may not otherwise copy or otherwise reproduce any design, text or graphics, or use any material which appears on this website in connection with any business or commercial enterprise.

Content appearing on linked sites may be subject to third party copyright.  Refer to any copyright notices on those sites for their terms of use.

DISCLAIMER

Your communications over the internet may be liable to data corruption, interception and delay. Frankie Small cannot be responsible for any such data corruption, interception or delay.

Frankie Small makes no representation that any software or server it uses is free of viruses or any harmful components.

While every effort is made to avoid inaccuracies and typographical errors, Frankie Small will not be liable for any such inaccuracies or typographical errors that might be found on this website.

LIABILITY

If the goods are not what you ordered or are faulty in any way, Frankie Small has no liability unless you notify us within 5 days of delivery.  If the goods are not received by you, Frankie Small has no liability unless you notify us within 40 days of dispatch.  Where you notify of damage or non-receipt of goods within the time frames specified in this clause, Frankie Small’s maximum liability to you will be limited to the amount you paid for the goods in question.

Without affecting Frankie Small’s liability for death or personal injury arising from its negligence or fraudulent misrepresentation or any other liability that cannot be excluded by law, Frankie Small shall not be liable for any damages including without limitation damages for loss of use, loss of profits, data, damage to goodwill or reputation, arising out of or related to the use, inability to use, performance or failures of this website and any material posted on it, whether in contract, tort, equity, common law or otherwise.

PRIVACY POLICY

Our privacy policy can be found at our privacy policy page. By using this website, you consent to us using your personal information in the way described in the policy.

 

FORCE MAJEURE

Frankie Small has no liability to you for any failure to deliver goods you have ordered, or for any delay in doing so, or for any damage or defect to goods delivered, caused by any event or circumstance beyond the control of Frankie Small

COMPLAINTS

Frankie Small operates a complaints handling procedure which is used to try to resolve disputes when they first arise.  Please email customerservice@frankiesmall.com.au with details of any complaint.

INVALIDITY

The invalidity or unenforceability of any provision (including any excluding liability) does not affect any other provision of these terms and conditions.

VARIATION

Frankie Small has the right in its sole discretion at any time and without notice to amend, remove or vary these terms and conditions.

GOVERNING LAW

The contract between us shall be governed by and interpreted in accordance with the laws in the State of New South Wales, Australia and we agree that the courts of New South Wales have exclusive jurisdiction to resolve any disputes between us.

ENTIRE AGREEMENT

These terms and conditions, together with website prices, delivery details, contact details, constitute the entire agreement between us.