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. 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.
We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
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.
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 American Dollars (USD) and are exclusive 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 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 it’s 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 to 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.
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 our 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.
Your frank green gift card can be redeemed (includes product and shipping) to the value of the gift card via the frank green website frankgreen.com.
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 24 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 24 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 smart 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.
We undertake to replace any product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, you must notify us via our ‘contact us’ page.
frank green is happy to exchange products. We undertake to exchange any undamaged product purchased from us so long as it is returned unused and with proof of purchase within 14 days of purchase however we will not provide any refund of such purchase. If undamaged goods are returned to us for exchange, we do not refund any shipping charges. Return of undamaged goods for exchange is entirely at your cost and risk.
If we are unable to replace or exchange the returned goods, we undertake to reimburse your credit card for the amount initially debited for the purchase.
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, republish, 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 metatag or mirroring of our website.
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 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.
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 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 in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however 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, and as a consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:
- schedule 2 of the C&C Act; and
- those statutory guarantees, all of which are given by us to you if you are a consumer.
If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:
- we will repair or replace the goods or any part of them that is defective; or
- wholly or partly recompense you if they are defective.
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.
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.
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.
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.
Cyber weekend: free shipping on orders $60 and over
Spend $60 USD or more and receive free standard shipping (valued at $9.95 usd) at checkout. Offer available from 12.01am EST Friday 25th November 2022 until 11.59pm EST Monday 28th November 2022. Offer can only be redeemed online at https://us.frankgreen.com and is only valid for United States delivery addresses. This offer is not valid for international online orders (including Canada), 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 shipping over $100
Spend over $100 USD and receive free standard shipping at checkout. Offer can only be redeemed online at https://us.frankgreen.com/ and is only valid for United States and Canada delivery addresses. This offer is not valid 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.
'Win two $500 frank green vouchers – one for you and one for a friend’ Competition.
Update: Wed 20th july 2022: this competition has now closed. Winners have been drawn, contacted, and have claimed their prizes.
In these terms and conditions:
- Contest means the referral contest as described at Clause 2 of these Terms and Conditions.
- Contest Commencement Date means Thursday, 7 July 2022 at 9.00am AEST.
- Contest Closing Date means Sunday, 17 July 2022 at 11.59pm AEST.
- Contest Period has the meaning given to it in Clause 4.
- Initial Entrant means entrants who receive a frank green email invitation in accordance with Clause 6.
- Invited Friend means the friend invited by the Initial Entrant.
- Prize means a $500 voucher for the winning Initial Entrant and the Invited Friend.
- Promoter means frank green of 3-7 Raglan Street, South Melbourne, VIC 3205 Australia.
- Team has the meaning given to it at Clause 8.
1. Information on how to enter and Prizes form part of these conditions of entry. Entry into this
competition is deemed to be acceptance of these conditions.
2. The Contest is open to legal residents of Australia, US, Canada, and New Zealand, who have reached 16 years of age as of the beginning of the Contest Period, and who are not:
a. An employee of; or
b. Domiciled with an employee of; or
c. An immediate family member of an employee of; the Promoter or its affiliated companies, their advertising and promotional agencies.
3. No purchase is necessary. The Contest is subject in all instances to compliance with applicable
4. The Contest Period runs from the Contest Commencement Date to the Contest Closing Date.
5. The Contest is running across the website: comp.frankgreen.com
6. The Initial Entrant, having received the email invitation, must ensure he/she completes all mandatory fields of the entry form, and submits the form as instructed before the Contest Closing Date. Upon successful submission of the entry form, he/she will receive a unique link that must be sent to a friend. The Initial Entrant must have the consent of the Invited Friend to send them this message.
7. The Invited Friend, having received the invitation to join the Initial Entrant in the Contest, must ensure he/she fully completes all mandatory fields of the entry form and submits as instructed before the Contest Closing Date.
8. To earn one (1) entry in the Contest, the Initial Entrant and the Invited Friend (collectively referred to as a ‘Team’) must have completed all the mandatory fields of their entry form and submitted them prior to the Contest Closing Date. The Initial Entrant is allowed a maximum of fifty Team entries.
9. Upon successful registration as a Team, the Invited Friend will then receive their own unique link giving them the opportunity to send this to a different friend and form a new Team.
10. As a condition of entry, all entrants must opt in to receive email promotions/marketing material from frank green to go into the draw to win ‘Win two $500 frank green vouchers – one for you and one for a friend’
12. In each scenario, the Initial Entrant and his/her Invited Friend will only be allowed to team up once. The Invited Friend must be a different person from the Initial Entrant. Any attempt or suspected attempt to team up more than once with the same person by using multiple email addresses or pennames, or any use of robotic, automatic, programmed or any entry methods not authorized by these rules, shall be deemed as tampering and will void all Entries.
13. All Entries that are incomplete, illegible, damaged, contain an erroneous email address or do not conform to or satisfy any condition of the rules may be disqualified by the Promoter.
14. Following the conclusion of the Contest, frank green will draw at random Team entry from all valid entries received during the Contest Period as the winner. The draw will take place on Monday 18 July 2022 at 11am AEST at 3-7 Raglan Street, South Melbourne, VIC 3205 Australia. The draw will not take place publicly. The winning Initial Entrant and the Invited Friend will be notified by email (to the email addresses registered with the Promoter) on the same date. The winners must claim their Prize by responding via email.
15. The Promoter will publish the results and the winning Team member’s names on frank greens Facebook and Instagram feeds, on or before Wednesday 20 July 2022.
16. The determination of the winner will be undertaken in a fair and transparent manner with each Initial Entrant having an equal chance of winning. The Promoter’s decision is final, and no correspondence will be entered into.
17. In the event of the Prize being unclaimed by Monday 22 August 2022, further draw/s will take place to determine replacement winners on Tuesday 23 August 2022 at 11am AEST. The draw will not take place publicly. The replacement winners will be notified by email on the same day. The Winners must claim their Prize by responding via email. The Promoter will publish the winning Team member’s names on frank greens Facebook and Instagram feeds, on or before Friday 26 August 2022.
18. The prize is two $500 frank green vouchers, one for winning Initial Entrant and one for the Invited Friend.
19. Total prize pool value is $1,000 in the currency of the winner(s) country e.g. Au$1000 for winner(s) drawn from Australia.
20. The Prizes must be accepted as awarded and are not transferable or otherwise redeemable for cash. The odds of winning the Prize depend on the number of eligible entries received. Upon acceptance of the Prize, the Prize winners agree to provide reasonable cooperation to allow frank green to use their name and/or likeness for advertising and publicity purposes in connection with this Contest including but not limited to publication of their name and photograph on frank green website.
21. This Contest may be promoted through third party websites, like Facebook. Entrants must at all times comply with the terms of service for those third-party websites when using them to participate in this Contest. This Contest is in no way sponsored, endorsed, or administered by, or associated with those third-party websites.
22. Members of the Promoter who provide incorrect or fraudulent information are ineligible to participate in the promotion. The Promoter reserves the right to request at its sole discretion, appropriate photo identification or other documentation in order to confirm the entrants’ eligibility to enter and claim a Prize, before issuing a Prize. If the documentation required by the Promoter is not received by the Promoter or its nominated agent, or the identity of the entrant has not been verified or validated to the Promoter’s satisfaction, then that entrant will be deemed invalid.
23. Any costs associated with accessing the promotional website are the entrant’s responsibility and are dependent on the Internet service provider used. Any contact details entered incorrectly on the website shall be deemed invalid.
24. The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, technical problems or traffic congestion on the Internet or at any website, or any combination thereof, or any other technical failures, including but not limited to any injury or damage to participants’ or any other person's computer related to or resulting from participation in or downloading any materials in this Contest. If for any reason this Contest is not capable of running as planned (including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of the Promoter, which corrupt or affect the administration security, fairness, integrity or proper conduct of this Contest, the Promoter reserves the right in its sole discretion to cancel, postpone, or amend this Contest.
25. The Promoter as well as its associated agencies and companies are not liable for any loss (including, without limitation, indirect or consequential loss), damage, personal injury or death which is suffered or sustained (including but not limited to that arising from any person's negligence) in connection with the Prize or use of the Prize. This excludes any liability that cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
26. If any of the provisions of these terms and conditions are held to be invalid or unenforceable in whole or in part that part shall be severed from the remainder of the provisions and the validity of the other provisions and the remainder of the provision in question shall not be affected.
27. These terms and conditions shall be governed by the laws of Victoria; Australia and any dispute shall be subject to the exclusive jurisdiction of the Australian courts.
28. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity and age). Verification is at the discretion of the Promoter.
29. The Promoter also reserves the right to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process.
30. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
31. Subject to the Promoter’s obligations at law, once the Team has received their Prize, the Promoter shall not accept any requests for exchanges or refunds for change of mind or other reason.
32. Entrants consent to the Promoter using the entrant's name, likeness, image and/or voice in the event they are a successful entrant (obtained during the entry process or any photograph, film and/or recording of the same published on social media or online) in any media for an unlimited period without remuneration f or the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
33. The Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, Prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional upon providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information or promotional, marketing, publicity, research and profiling purposes, including sending electronic messages to the entrant. Entrants may access, correct, change and/or update their personal information and obtain a copy of the Promoter’s privacy. All entries become the property of the Promoter.
34. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law:
a. To delete any entrant’s entry;
b. To disqualify any entrant from the promotion; or
c. Subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
d. The Promoter accepts no responsibility f or late, lost or misdirected entries or other communications.
35. Except any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion, including, but not limited to, where arising out of the following:
a. Any theft, unauthorised access or third party interference;
b. Any entry or purchase of the Prize that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter;
c. Any variation in Prize value to that stated in these Terms and Conditions; or
d. Any tax liability incurred by an entrant.
36. By entering this promotion, entrants are authorising the Promoter to contact them from time to time with promotional offers, product information and sale notifications.