Terms and Conditions
Overview
This website www.freckledfrog.com.au (referred to as the “website”) is operated by Trenak Pty Ltd, trading as The Freckled Frog and any subsidiaries, affiliates, employees, officers, agents or assigns where throughout the site, is referred to by the terms ‘The Freckled Frog’, ‘we’, ‘us’ or ‘our’. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing from us, you engage in our “Services” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, companies, customers, businesses, government organisations, charities, institutions, persons and/ or other entities that purchase products or related services from us (referred to as ‘customer’, ‘you’ or ‘your’) (collectively, the parties).
Please read these Terms and conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Definitions
Services means purchase products
Accuracy of content
a)We have taken proper care and precautions to ensure that the information we provide on this Website is accurate. However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on this Website or on any linked site. The information contained on this Website should not take the place of professional advice.
Acceptance of orders
a)Your placement of an order on our website constitutes an offer by you to purchase goods from us on these Conditions. We may at our discretion accept or reject orders we receive depending on factors including availability of products and our ability to validate payment for the products. If we accept the order, a binding contract between you and us will arise on these Conditions (‘Contract‘). The Contract may be amended only by written agreement between us and you.
b)Accepted orders cannot be cancelled without our consent, which may be refused or given with conditions.
c)The supply of goods is subject to availability. If we are unable to supply all of your order, the Contract continues to apply to any part of the order supplied.
d)We reserve the right to suspend or discontinue the supply of goods to you.
e)It is your responsibility to check the order details, including product and pricing, before you complete your order on the Website.
f)You cannot cancel your order once it has been dispatched.
g)Please be aware that some of the products sold through the Website may not be suitable for children under a certain age, as specified on the product or its packaging (Age Limit, Suitable Age). Use of such products by children under the Age Limit is not advised.
Price & payment
a)All current prices for the goods can be viewed on our Website and in our annual catalogue. All amounts are stated in either Australian dollars, Canadian dollar, Chinese yuan, Euro, Pound sterling, or United States dollars, depending on your choice of currency on the website. All purchase prices include Australian GST (where applicable). Any delivery and insurance charges will be separately shown.
b)The price you pay for the products purchased via the Website will be the price shown on our Website at the time you place an order.
c)For customers buying directly from the Website, you may be charged a surcharge depending on method of payment selected. Surcharge rate will be shown at time of purchase.
d)The price you pay for goods purchased via fax, mail, email or phone orders will be the price agreed to at the time you place an order with us.
e)Unless otherwise agreed by us in writing, prices for the goods will be subject to alteration by us without notice from time to time and quoted exclusive of goods and services tax (GST), and all taxes and delivery costs.
f)You must pay for the product by one of the methods set out on the Website. Your payment will be processed upon receipt of your order. Payment for goods purchased is not final until funds have cleared. This means that goods or services will not be provided until monies have been cleared by the relevant financial institutions, processed and approved by all parties concerned and all financial entities are satisfied that fraud, deceptive, or misleading conduct has not been carried out, and the full purchase amount is received by The Freckled Frog. If your payment is not able to be successfully processed, then your order may be cancelled.
g)Any invoices issued is required to be payable by the due date in respect of every delivery notwithstanding that the balance of the order has not been nor will be delivered for any reason. Where any payment is not made by the due date, we may charge interest on any overdue portion from the date the payment was due until the date payment is made (both dates inclusive) at a rate equal to 3% above the indicator lending rate for the time being advised by National Australia Bank (‘Interest Rate‘).
Discounts, Special Offers & Coupon Redemption
a)Discounts may be offered for a limited time or for a specified time or date. The Freckled Frog reserves the right to withdraw discounts at any time without notice. Where a percentile rate (%) is offered, such discounts do not apply to taxes (GST) or shipping, delivery, insurance or other such charges. Unless otherwise stated, discounts do not apply to already discounted products.
b)We may from time to time offer promotional discount codes, which may be applicable to goods on the Website. In the event where a discount is offered via a coupon code, such discounts must be redeemed at the time of purchase. Retrospective requests (to redeem discount coupons) cannot be accepted. The conditions of use relating to any discount code will be specified at the time it is issued.
Delivery
a)All quoted delivery or consignment dates are estimates only. We are not obliged to meet such dates and will not be liable to you by reason of delays caused by any reason whatsoever.
b) Please check your shipping address before confirming your order. Any errors in your shipping address resulting in the misdelivery or return of your order will be resent at your cost.
c)A product can only be deemed as lost or stolen during delivery by the carrier/courier responsible for the delivery. The Freckled Frog cannot provide any remedial action until a proper investigation by the carrier/courier is concluded and the product is deemed by them to be lost or stolen. Such investigations can take as long as 10 to 14 days. We will not accept any claims for lost or stolen products, which are made more than 30 days after the order date of such products. If you would like to add insurance please contact us prior to purchase.
d) Upon delivery please inspect all your items. If you have received an item that is damaged or faulty upon arrival, fill in the post-purchase enquiry form within 48 hours after delivery. Please ensure you fill in the form and attach photos of the damage including the box it was delivered in.
Exchanges/ refunds
a)Please choose your product/s carefully, as we do not offer refunds for products where you have changed your mind. However, if we accept change of mind return there will be a $19.95 handling/ restocking fee, the cost to return the product/s will at your own expense, and the full cost to deliver to you will be charged minus what you have already paid for shipping. This is only provided that you notify us within 7 days of delivery of the product/s and that the product/s must arrive undamaged and in ‘sale-able’ condition, including being sealed, unopened and unused.
b)Upon delivery please inspect all your items. If your products are damaged upon receipt of delivery, you are required to notify The Freckled Frog of any claims, within seven days of delivery. Please fill in the post-purchase enquiry form.
c)If you have a Minor Problem with a product, we may choose to give you a free repair instead of a replacement or refund.
d)When you have a Major Problem with a product, you will be issued with either of the following; a replacement, refund, credit, spare parts or repair.
d) ii) At the discretion of The Freckled Frog a wholesale customer replacement, or replacement piece/s will be sent directly to the wholesale account address or directly to the customer.
e)In the event that replacement products are unavailable or out of stock, at the discretion of The Freckled Frog, we may permit substitute products or issue a refund.
f)We accept no responsibility for any delays that may arise from the return of the damaged product to us or the subsequent delivery of replacement products to you
g) Wholesale customers will need to provide photos and customer invoice for defective product/s.
Please fill in the product defect form.
Intellectual property and copyrights
a)We hold the copyright to the content of this Website, including but not limited to the text, images, logos, buttons, audio, video, software, content design, trademarks, trade names, graphics, appearance, layout, look of our Website and products databases contained on the Website or in connection with the Services.
b)You must not use or replicate our copyright material other than as permitted by law. Specifically, you must not use or replicate our copyright material for commercial purposes unless expressly agreed to by Us, in which case we may require you to sign a Licence Agreement.
c) You agree that, as between you and us, we own all intellectual property rights in the Website, business, products and branding, and that nothing in these Terms constitutes a transfer of any intellectual property rights. Your use of the Website does not grant you a licence to, or act as a right to, use any of the intellectual property, whether registered or unregistered, displayed on the Website without prior written permission of The Freckled Frog.
d) You must not breach any copyright or intellectual property rights connected with the Website. This includes but is not limited to:
(1) Altering or modifying any of the code or the material on the Website;
(2) Causing any of the material on the Website to be framed or embedded in another Website;
(3) Creating derivative works from the content of the Website; or
(4) Using the Website for commercial purposes.
e) You are prohibited from transmitting, broadcasting, editing, adapting, or making use of any intellectual property, Trademarks, logos or copyright material without the expressed written permission of The Freckled Frog. If you wish to use content, images or other of our intellectual property, you should submit your request to us via email.
Trademarks
a) The trademarks and logos contained on this Website are trademarks of Trenak Pty Ltd. Use of these trademarks is strictly prohibited except with Our express, written consent.
Disclaimer and Limitation of Liability
a) To the fullest extent permitted by law, The Freckled Frog excludes all express or implied representations, conditions, guarantees and terms relating to the products and services, the Website and these Terms, including but not limited to:
(1) implied or expressed guarantees, representations or conditions of any kind, which are not stated in these Terms;
(2) the Website or the products being unavailable; and
(3) any loss, liability, costs including legal costs, damage or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use of any indirect, remove, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on your information systems or cost of replacement of goods, or otherwise, suffered by you or any third party or claims made against you, incurred as a result of or in relating to the use of the Website or our services, your inability to access or use of the Website, the products, the services, the late supply of products, or these Terms, even if we were expressly advised of the likelihood of such loss or damage.
b) We take no responsibility for the accuracy of any of the content or statements contained on this Website or in relation to our Services. Statements made are by way of general comment only and you should satisfy yourself as to their accuracy.
Prohibited Uses
In addition to other prohibitions as set forth on this terms and conditions, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Passwords and logins
a)You are responsible for maintaining the confidentiality of your passwords and login details and for all activities carried out under your password and login.
Indemnification for loss or damage
a)You agree to indemnify Us and hold Us harmless from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your breach of these Terms or to the related use of this Website or the Services or information offered on this Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you.
Third Party Links and Information
a)This Website may contain third party information, including but not limited to Reviews, guest articles and advertisements (Third Party Information). We do not control, recommend, endorse, sponsor or approve Third Party Information. You should make your own investigations with respect to the suitability of Third-Party Information for you.
b)This Website may contain links to websites owned by third parties (Third Party Sites). Third Party Sites provided for your convenience only. We do not control, recommend, endorse, sponsor or approve Third Party Sites, including any information, products or services mentioned in Third Party Sites. Use or reliance on any Third Party Sites and their content is at your own risk. You should make your own investigations with respect to the suitability of Third Party Sites for you. We accept no liability for loss or damage arising out of or in connection to your use of these sites
Information collection
a)Use of information you have provided us with, or that we have collected and retained relating to your use of the Website and/or our Services as well as the protection of such information is governed by our Privacy Policy. By using this Website and the Services associated with this Website, you are agreeing to the Privacy Policy which can be found on our website at: https://www.freckledfrog.com.au/privacy-policy/
Confidentiality
a)We have implemented appropriate physical, electronic and managerial security procedures in order to protect personal information from loss, misuse, alteration or destruction. Access to your personal information is limited to those who specifically need it to conduct their responsibilities.
b)We and our third-party service providers take reasonable steps to destroy or permanently de-identify your personal information where it is no longer required and to protect your personal information from unauthorized access, disclosure, loss, misuse and alteration.
c)All personal information you give us will be dealt with in a confidential manner in accordance with our Privacy Policy. However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of this Website will be confidential due to the potential ability of third parties to intercept and access such information.
Copyright of catalogue
a)The Freckled Frog catalogue cannot be reproduced (in whole or in part) in any form without the express permission of The Freckled Frog.
Jurisdiction and Applicable Law
a)Your use of the Website and any dispute arising out of your use of it is subject to the laws of Victoria and the Commonwealth of Australia. These Terms are governed by the laws of Victoria and the Commonwealth of Australia and subject to the exclusive jurisdiction of the courts operating in Victoria. We make no representation that the Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Website.
For any questions or notice, please contact us at:
Trenak Pty Ltd
Trading as The Freckled Frog (ABN 77151889388, ACN 151889388)
1315a/401 Docklands Drive, Docklands
VIC, 3008 Australia
admin@freckledfrog.com.au