Terms of service


WEBSITE TERMS AND CONDITIONS OF USE

 

1. About the Website

  1. Welcome to www.frasique.com (Website). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (Products). The Website provides this service by way of granting you access to the content on the Website (Purchase Services).

  2. The Website is operated by Frasi Pty Ltd (ACN 689481249). Throughout the Website, the terms "Frasique", "we", "us" and "our" refer to Frasi Pty Ltd, trading as Frasique. Access to and use of the Website, or any of its associated Products or Services, is provided by Frasi Pty Ltd. Please read these terms and conditions (Terms) carefully. 

  3. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

  4. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

  5. Frasi Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Frasi Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. 

  6. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

  1. You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Frasi Pty Ltd in the user interface.

3. Registration to use the Purchase Services

  1. In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

(i) Email address

(ii) Full name

(iii) Date of birth

(iv) Billing address

(v) Mailing address

(vi) Telephone number

(vii) Username

(viii) Password                                         

  1. Once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.

  2. You may not use the Purchase Services and may not accept the Terms if:

(i) you are not of legal age to form a binding contract with Frasi Pty Ltd; or

(ii) you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

  1. You warrant that any information you give to Frasi Pty Ltd in the course of completing the registration process to be accurate, correct and complete to the best of your knowledge. You agree to maintain information that is reasonably accurate and promptly update such information upon becoming aware of any material changes or inaccuracies.

4. Your obligations as a Member

  1. As a Member, you agree to comply with the following: You will use the Purchase Services only for purposes that are permitted by:

(i) the Terms;

(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(iii) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;

(iv) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Frasi Pty Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware;

(v) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Frasi Pty Ltd providing the Purchase Services;

(vi) you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

(vii) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Frasi Pty Ltd for any illegal or unauthorised use of the Website; and

(viii) you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.

(ix) you will not post false, misleading, or defamatory reviews or testimonials, or incentivize others to do so, in accordance with the Australian Consumer Law prohibitions on misleading or deceptive conduct.

(x) you will not attempt to reverse engineer, decompile, or disassemble any part of the Website or Purchase Services, or attempt to derive the source code or underlying ideas or algorithms of any part of the Website or Purchase Services;

5. Purchase of Products and Returns Policy

  1. In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (Purchase Price).

  2. All charges relating to payment in a currency other than Australian dollars, including currency conversion fees and international transaction fees, will be borne by you.

  3. If you are not in the Commonwealth of Australia, we have no knowledge of, and no responsibility for, the laws in your country. You are responsible for purchasing Products which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country. Frasi Pty Ltd accepts no liability for any Products that are seized, delayed, or rejected by customs authorities in your jurisdiction.

  4. If, by mistake, we have under-priced Products on the Website, we will not be liable to supply those Products to you at the stated price, provided that we notify you before we dispatch the Products to you. In such circumstances, you will have the option to purchase the Products at the correct price or cancel your order for a full refund.

  5. The Purchase Price of the Products does not include delivery charges, which will be charged at the rates applicable at the date you place your order and which will be displayed on the Website before you complete payment.

  6. Payment of the Purchase Price may be made through Shopify Payments, Stripe, PayPal, (Payment Gateway Provider). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

  7. Following payment of the Purchase Price being confirmed by Frasi Pty Ltd, you will be issued with a receipt to confirm that the payment has been received and Frasi Pty Ltd may record your purchase details for future use.

  8. Frasique may, at their sole discretion, provide a refund on the return of the Products within 14 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.

  9. All refund requests must be made in writing to info@frasique.com within the specified day period. Frasique reserves the right to refuse a refund if the Products have been used, damaged, or are not in their original packaging with all accessories and documentation intact.

6. Delivery

  1. You acknowledge that the Purchase Services offered by Frasi Pty Ltd integrate delivery (Delivery Services) through the use of third party delivery companies (Delivery Service Providers).

  2. In providing the Purchase Services, Frasi Pty Ltd may provide you with a variety of delivery options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Frasi Pty Ltd is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.

  3. Products are shipped within 10 business days from the day you place an order to purchase the Products. If we are not able to ship your Products within 7 business days of the date of your order, we shall notify you by email.

  4. Deliveries will be made by the Delivery Service Provider to the address stipulated in your order. You must ensure that someone is present to accept the delivery or it will be taken to your nearest collection point depending on the Delivery Service Provider.

  5. If you're not at home and Authority to Leave has not been selected, Australia Post will notify you via the AusPost app, email, or SMS. If your parcel has not been matched to your MyPost account, Australia Post will leave a card. Please note that your MyPost account settings will also override any ATL/Signature settings chosen at checkout on the Website.

  6. If you select Authority to Leave (ATL) when placing your order, you authorise the Delivery Service Provider to leave the Products at the delivery address without obtaining a signature. By selecting ATL, you assume all responsibility and risk for the Products once they have been delivered by the courier to the nominated delivery address. Frasique will not be responsible for reimbursing or replacing any Products that are lost, stolen, or damaged after delivery where ATL has been selected.

  7. When your Products arrive, it is important that you check immediately the condition and quantity of the Products delivered. Any discrepancies or damage must be reported to us via email within 48 hours of delivery.

  8. In the event that an item is lost or damaged in the course of the Delivery Services, Frasi Pty Ltd asks that you:

    1. contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and

    2.  contact us by sending an email to info@frasique.com outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services; and

    3.  lodge any claim with the Delivery Service Provider within 5 days of the scheduled delivery date, and provide us with proof of claim submission if you wish to request our assistance in resolving the matter.

7. Warranty

  1. Frasi Pty Ltd's Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (Warranty).

  2. You may make a claim under this clause (Warranty Claim) for material defects and workmanship in the Products within 1 month from the date of purchase (Warranty Period).

  3. In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Frasi Pty Ltd showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to Frasi Pty Ltd by email at info@frasique.com.

  4.  Where the Warranty Claim is accepted then Frasi Pty Ltd will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.

  5. The Warranty shall be the sole and exclusive warranty granted by Frasi Pty Ltd and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.

  6. All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.

  7. For the purposes of this clause, a major failure occurs where the Products are significantly different from the description, are unsafe, are substantially unfit for their common purpose and cannot easily be remedied, or fail to meet a disclosed purpose that cannot be remedied within a reasonable time. In the event of a major failure, you may choose to receive a refund or replacement, and Frasi Pty Ltd will provide your chosen remedy in accordance with the Australian Consumer Law.

  8. The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction. 

  9. You must provide us with a reasonable opportunity to inspect the Products subject to a Warranty Claim. If we determine that the Products are not covered by the Warranty, you will be responsible for all costs associated with the inspection and return of the Products.

8. Copyright and Intellectual Property

  1. The Website, the Purchase Services and all of the related products of Frasi Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (Content) are owned or controlled for these purposes, and are reserved by Frasi Pty Ltd or its contributors.

  2. Frasi Pty Ltd retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:

(i) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Frasi Pty Ltd; or

(ii) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or

(iii) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

(c) You may not, without the prior written permission of Frasi Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

(d) You must promptly report any suspected infringement or unauthorised use of the Content to Frasi Pty Ltd at info@frasique.com within 48 hours of discovery, including the URL, description of the infringement and supporting evidence. Frasi Pty Ltd will investigate reported infringements within 7 business days and take appropriate action in accordance with applicable laws. 

9. Privacy

  1. Frasi Pty Ltd takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to Frasi Pty Ltd's Privacy Policy, which is available on the Website.

10.    General Disclaimer

  1. You acknowledge that Frasi Pty Ltd does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

  2. Frasi Pty Ltd will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.

  3. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

  4. Subject to this clause, and to the extent permitted by law:

(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

(ii) Frasi Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

  1. Use of the Website, the Purchase Services, and any of the products of Frasi Pty Ltd (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of Frasi Pty Ltd, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Frasi Pty Ltd, including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Frasi Pty Ltd) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(ii) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);

(iii) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;

(iv) the Content or operation in respect to links which are provided for the User's convenience;

(v) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

(vi)  any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

(vii) provided that nothing in this clause excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law or any other applicable law that cannot be lawfully excluded.

11.    Limitation of Liability

  1. Frasi Pty Ltd's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Frasi Pty Ltd is the resupply of information or Purchase Services to you.

  2. You expressly understand and agree that Frasi Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

  3. Frasi Pty Ltd is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Frasi Pty Ltd, by third parties or by any of the Purchase Services offered by Frasi Pty Ltd.

  4. You acknowledge that Frasi Pty Ltd does not provide the Delivery Services to you and you agree that Frasi Pty Ltd will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.

12.    Termination of Contract

  1. The Terms will continue to apply until terminated by either you or by Frasi Pty Ltd as set out below.

  2. If you want to terminate the Terms, you may do so by:

(i) notifying Frasi Pty Ltd at any time; and

(ii) closing your accounts for all of the Purchase Services which you use, where Frasi Pty Ltd has made this option available to you.

(c) Your notice should be sent, in writing, to Frasi Pty Ltd via the 'Contact Us' link on our homepage.

(d) Frasi Pty Ltd may at any time, terminate the Terms with you if:

(i) you have breached any material provision of the Terms and, where the breach is capable of remedy, you have failed to remedy such breach within 14 days of receiving written notice from Frasi Pty Ltd requiring you to do so;

(ii) you have committed a fundamental breach of the Terms, including but not limited to fraud, illegal activity, or conduct that damages Frasi Pty Ltd's reputation, in which case Frasi Pty Ltd may terminate immediately without notice;

(iii) Frasi Pty Ltd is required to do so by law;

(iv) the partner with whom Frasi Pty Ltd offered the Purchase Services to you has terminated its relationship with Frasi Pty Ltd or ceased to offer the Purchase Services to you;

(v) Frasi Pty Ltd is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or

(vi) the provision of the Purchase Services to you by Frasi Pty Ltd is, in the opinion of Frasi Pty Ltd, no longer commercially viable.

(e) Subject to local applicable laws, Frasi Pty Ltd reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Frasi Pty Ltd's name or reputation or violates the rights of those of another party.

(f) When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Frasi Pty Ltd have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

13.    Indemnity

  1. You agree to indemnify Frasi Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;

(ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or

(iii) any breach of the Terms.

14.    Dispute Resolution

Compulsory

  1. If a dispute arises out of or relates to the Terms, either party may not commence any

Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

Notice

  1. A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

Resolution

  1. On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

(i) Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

(ii) If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties agree to refer the dispute to mediation.

(iii) The mediator will be agreed between the Parties;

(iv)  If the parties cannot agree on a mediator within 7 days, the mediator will be appointed by the President of the Law Society of Western Australia;

(v) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing, undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

(vi) The mediation will be held in Perth, Australia.

Confidential

  1. All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

Termination of Mediation

  1. If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

15. Venue and Jurisdiction

  1. Frasi Pty Ltd operates from Western Australia, Australia. While the Website and Purchase Services are accessible worldwide and Products may be supplied internationally, you agree that any dispute, claim or controversy arising out of or in connection with the Website, the Purchase Services or these Terms shall, to the maximum extent permitted by law, be subject to the exclusive jurisdiction of the courts of Western Australia, Australia.

  2. Nothing in this clause excludes, restricts or modifies any rights you may have under applicable consumer protection laws that cannot lawfully be excluded.

16. Governing Law

  1. The Terms are governed by the laws of Western Australia, Australia. 

  2. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Western Australia, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. 

  3. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

17. Severance

  1. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.