Terms and Conditions

In using this website you are deemed to have read and agreed to the following terms and conditions:

The following terminology applies to these Terms and Conditions: Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.

All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing Australian Law.

Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
These Terms and Conditions are our copyrighted intellectual property. Use by third parties – even of extracts – for the commercial purposes of offering goods and/or services’ is not permitted. Infringements may be subject to legal action.

Effect

These Terms and Conditions shall apply to all Orders and contracts made or to be made by us for the sale and supply of products. When you submit an Order to us, give any delivery instruction or accept delivery of the products, this shall in any event constitute your unqualified acceptance of these Terms and Conditions. Nothing in these Terms and Conditions affects your statutory rights (including the right to insist that goods you buy from businesses must correspond with their description, be fit for their purpose and be of satisfactory quality).

These Terms and Conditions shall prevail over any separate terms put forward by you. Any conditions that you submit, propose or stipulate in whatever form and at whatever time, whether in writing, by email or orally, are expressly waived and excluded.

No other terms or changes to the Terms and Conditions shall be binding unless agreed in writing signed by us.

Exclusions and Limitations

The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:

Excludes all representations and warranties relating to this website and its contents or which is, or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and

Excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

How a contact is formed

When making an Order, you must follow the instructions on the Site as to how to make your Order and for making changes to your prospective Order before you submit it to the Site.

Irrespective of any previous price you have seen or heard, once you select a Product that you wish to Order, you will then be shown or told (on the Site) the charges you must pay including GST, if applicable, and any applicable delivery charges. Unless otherwise stipulated on the Site, all charges are in the currency then in force in Australia. Subject to clause 4.11 below, this is the total that you will pay for receipt of the ordered Product.

You shall pay for the Product in full at the time of ordering by supplying us with your credit or debit card details from a credit or debit card company acceptable to us or by Paypal, which we require in order to process your Order. Alternatively, you may pay by any method that we have said is acceptable to us, but in any event we shall not be bound to supply before we have received cleared funds in full. Depending on the results of a credit check we reserve the right not to offer certain forms of payment and to refer you to our other forms of payment. Please note that we only accept payment by credit and debit cards where those cards are issued by an Australian or New Zealand-based financial institution.

If you are asked for details of a payment card, you must be fully entitled to use that card or account. The card or account must have sufficient funds to cover the proposed payment to us.

You undertake and warrant that all details you provide to us for the purpose of purchasing the Product from us will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your payment details before providing you with the Product.

When you submit an Order to the Site, you agree that you do so subject to these Terms and Conditions current at the date you submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit your Order.

Your Order remains valid as an offer until we issue our Confirmation of Order or, if earlier, when we receive your notice revoking your Order.

We shall not be obliged to supply the Product to you until we have accepted your Order. Unless expressly stating that we accept your order, an email, letter, fax or other Acknowledgement of your Order by us is purely for information purposes and does not constitute the Confirmation of Order. In that Acknowledgement, we may give you an Order reference number and details of the Product you have ordered. We may in our discretion refuse to accept an Order from you for any reason, including unavailability of supplies or we may offer you an alternative Product (in which case we may require you to re-submit your Order first).

A Contract shall be formed and we shall be legally bound to supply the Product to you when we accept your Order. Acceptance shall take place when we expressly accept your Order by email to you, in the form of a document called a “Confirmation of Order” stating that we are accepting your Order.

Our Confirmation of Order shall be deemed to come into effect when it has been despatched by us. Without affecting your obligation to pay us earlier, we may send an invoice to you at any time after we have accepted your Order. Until the time when we accept your Order, we reserve the right to refuse to process your Order and you reserve the right to cancel your Order.

If we or you have cancelled your Order before we have accepted it, then we will promptly refund any payment already made by you or your credit or debit card company to us for the order of the Product.

If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact hello@madebyfressko.com immediately. However, we cannot guarantee that we will be able to amend your Order in accordance with your instructions.

We try very hard to ensure that the price given to you is accurate, but the price of your Order will need to be validated by us as part of our acceptance procedure. If the price for the Order changes before we accept your Order, we will contact you and ask you to confirm that you wish to proceed at the amended price.

A Contract will relate only to those Products whose dispatch we have confirmed in the Confirmation of Order. We will not be obliged to supply any other Products which may have been part of your Order until we have sent a Confirmation of Order in relation to those Products.

You must only submit to us or our agent or the Site information which is accurate and not misleading and you must keep it up to date and inform us of changes.

Delivery

We aim to deliver the Product to you at the place of delivery requested by you in your Order.

We aim to deliver within the time indicated by us at the time of your Order (and updated in the Confirmation of Order) but we cannot promise an exact date when you submit your Order or at the Confirmation of Order. We always aim to deliver within 1-7 working days dependant on location from the date of any Order which we accept but we cannot guarantee any firm delivery dates.

We shall aim to let you know if we expect that we are unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.

On delivery of the Product, you may be required to sign for delivery. You agree to inspect the Product for any obvious faults, defects or damage before you sign for delivery. You need to keep receipt of the delivered Product in case of future discussions with us about it.

You may grant us an ‘authority to leave’ when placing your Order. If you do, you understand and agree that this authority to leave gives us and/or our selected couriers permission to leave the Order in question unattended by the front door – or, where applicable, at the reception or concierge’s desk – of the delivery address without obtaining a signature confirming delivery at the delivery location. In such circumstances, you understand and agree that by granting us authority to leave, we and our couriers are released of all responsibility and liability for the Orders delivered and left unattended, and that this responsibility and liability transfer to you on delivery.

Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.

We deliver in our standard packaging. Any special packaging requested by you is subject to additional charges.

Unless otherwise specified, all risk in the Product shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under a Contract, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the Product.

You must take care when opening the Product so as not to damage it, particularly when using any sharp instruments.

You shall ensure that you are ready for safe receipt of the Product without undue delay and at any time reasonably specified by us.

If you are not available to take delivery or collection, we may leave a card giving you instructions on either re- delivery or collection from the carrier.

If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the Product to you) accept delivery or collect the Product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:

  • charge you for our reasonable storage fee and other costs reasonably incurred by us; or
  • no longer make the Product available for delivery or collection and notify you that we are immediately cancelling the applicable Contract, in which case we will refund to you or your credit or debit card company as applicable any money already paid to us under the applicable Contract, less our reasonable administration charges (including for attempting to deliver and then returning the Product, and any storage fees).
  • It is your responsibility to ensure that the Products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the Products will meet your individual requirements. You acknowledge that the Products are standard and not made bespoke to fit any particular requirements that you may have.

Payment

All major Credit Cards, PayPal are acceptable methods of payment. Our Terms are payment in full prior to dispatch of order. All goods remain the property of the Company until paid for in full.

Cancellation Policy

Notice of cancellation is required before the dispatch of any order (maximum 48 hours). Notification must be made via email hello@madebyfressko.com. We reserve the right to levy a $30 charge to cover any subsequent administrative expenses. Please email hello@madebyfressko immediately with the place of purchase, date of purchase & Invoice number.

Availability

Unless otherwise stated, the products featured on this website are only available within Australia. Due to the unique nature of our products, some items may be discontinued or out of stock until further notice is given.

Communication

We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature.
Fressko is registered in Australia with ABN 42152031635.

Faulty Products

We warrant that:

The Product will be delivered undamaged in the quantities ordered; and

The Product will conform to the manufacturer’s latest published instructions as set out on the Site or in our Product material at the time of your Order.

The Product is intended to be used strictly in accordance with the manufacturer’s latest published instructions as set out on the Site or as on the Product itself. It is your responsibility to ensure that you use the Product strictly in accordance with those instructions.

Before delivery, we may make minor adjustments to material, colour, weight, measurements, design and other features to the extent that they are reasonable.

We try very hard to deliver Products in excellent condition. However, if you tell us that the Product is faulty, you agree to keep the Product in its current condition available for us (or our agent) to inspect within a reasonable time.

In order to provide you with any remedies for a faulty Product, we may need your assistance and prompt provision of certain information regarding the Product, including:
you specify with reasonable detail the way in which it is alleged that the Product is damaged or defective; and
you provide us with the Order number / Photo and such other information as we reasonably require.

If you would like us to replace or provide a refund for the Product where it did conform to the applicable Contract, and we find that the Product has:

been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions; or

been involved in any accident or damage caused by an incorrect attempt at modification or repair; or

been dealt with or used contrary to our or the manufacturer’s instructions for the Product; or

deteriorated through normal wear and tear, After delivery by us, we may at our discretion decide not to repair, replace or refund you for the Product and/or we may require you to pay all reasonable carriage costs and servicing costs at our current standard fees and costs and charge this to your credit or debit card, or the payment details that you provided to us when you made your Order, and, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.

Force Majeure [Circumstances beyond our control]

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

General

The laws of Australia govern these terms and conditions. By accessing this website [and using our services/buying our products] you consent to these terms and conditions and to the exclusive jurisdiction of the Australian courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company. Products packaged in Australia using imported components.

Notifications of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.

Vouchers and Gift Cards

You may use promotional vouchers and gift vouchers as payment for certain Products on the Site. Please note that, notwithstanding anything else in these Terms and Conditions, promotional vouchers and gift vouchers cannot be used as a form of payment on certain Products. Products which cannot be purchased with promotional vouchers or gift vouchers will be identified as such in the written description given of those Products.

For the avoidance of doubt, ‘gift cards’ can be differentiated from ‘gift vouchers’ and ‘promotional vouchers’ in that they will always be labelled a ‘gift card’ and will only ever come in physical, plastic-based form, much like a regular bank or credit card. In the rare instances in which ‘gift vouchers’ and ‘promotional vouchers’ come in physical form, they will never take the same form as a gift card (as described in this clause).

We may email gift and promotional vouchers to you. We accept no liability for errors in the email address of the voucher recipient.

In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with a gift voucher purchase or redemption of that voucher on the Site, we are entitled to close your Account and/or require a different means of payment.

We assume no liability for the loss, theft or illegibility of gift vouchers, promotional vouchers or gift cards.

Conditions for the redemption of promotional coupon codes:

From time to time we may release promotional coupon codes that may be used on the Site. Coupon codes can only be redeemed on the Site.

Promotional coupon codes are valid for the specified period stated on them only, can only be redeemed once and cannot be used in conjunction with other offer (including, for the avoidance of doubt, sales, promotions and other vouchers).

The credit of a promotional coupon codes cannot be used to pay for products from third parties other than us.

If you place an Order for a Product less than the value of the promotional coupon codes, no refund or residual credit will be returned to you.

The credit of a promotional coupon codes does not accrue interest nor does it have a cash value.

If the credit of a promotional coupon codes is insufficient for the Order you wish to make, you may make up the difference through payment by other means (but not by using another promotional coupon codes or attempting to rely on any other offer). For the avoidance of doubt, gift cards are an acceptable form of payment in these circumstances.

Please note that only one promotional coupon codes can be used per order, and that gift vouchers cannot be used in conjunction with any other offer (including but not limited to, sales and other promotions).

Promotions, Competitions and Giveaways

Participants are limited to one (1) entry into the draw.

Winners will have 7 days to claim their prize, at which time the prize will be redrawn.

Entry into a promotion is not open to our employees or their relatives, agents, sponsors, suppliers, or any persons connected with the promotion of a competition.

Entry into a promotion is only open to those specific countries stated at that given promotional period. In the event of any dispute about the identity of the winner or an entrant, we reserve the right to request the proof of the winner’s age, identity, and residency.

Incomplete or indecipherable entries will be deemed invalid.

We reserve 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. Errors and omissions may be accepted at our discretion.

If for any reason a promotion is not capable of running as planned, including but not limited to, technical failures, unauthorized intervention or security concerns, we reserve the right in our sole discretion to disqualify any individual and to cancel, terminate, modify or suspend a promotion.

The use of any automated software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.

Entrants consent to us using the entrant’s name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without any remuneration for the purpose of promoting this competition (including any outcome) and promoting products sold by us.

If for whatever reason the original prize is unavailable, we, in our sole discretion, reserve the right to substitute the prize with an offer of equal value.

Except for any liability that cannot be excluded by law, we (including its officers, employees and agents) exclude all liability (in contract or tort, and including negligence) for any personal injury, or any loss or damage (whether direct, indirect, special or consequential) arising in any way out of a promotion, including but not limited to, where arising out of the following:

any technical difficulties or equipment malfunction (whether or not within our control);

any theft, unauthorized access or third party interference;

any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by us);

any variation in the prize value to that stated in a promotion;

any tax liability incurred by a winner or entrant; or

use of the prize(s).

As a condition of receipt of the prize, the winner must sign any legal documentation as and in the form required by us and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.

Our decision is final and no correspondence will be entered into.

Entry into a promotion is deemed acceptance of and agreement with these Terms and Conditions. Instructions on how to enter, prize details and other information contained within the promotional advertisements form part of these Terms and Conditions.

Prizes, discounts, and coupon codes offered in connection with promotions, competitions and giveaways run by us cannot be used in conjunction with any other offer (including, but not limited to, sales and other promotions).

The prize (or any part thereof) cannot be sold, the prize (or any part thereof) is not transferable or exchangeable and cannot be taken for cash. No responsibility is accepted for any variation in the value of the prize.

We collect personal information in order to conduct promotions 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 on providing this information. We may, for an indefinite period (unless otherwise advised), use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant.

Note that discounts received pursuant to promotions and competitions are applied to invoices as a whole. Accordingly, in circumstances where multiple items are purchased, and one or more items is returned, the discount is applied on a pro rata basis to each item for the purpose of establishing refund values.

Guarantee and Complaints Management

We shall perform our obligations under these Terms and Conditions with reasonable skills and care.

We place great value on our customer satisfaction. You may contact us at any time at hello@madebyfressko.com We will attempt to address your concerns as soon as reasonably possible and will contact you on receipt of any relevant enquiry or complaint.

In the event of a complaint it will help us if you can describe the object of your complaint as accurately as possible and, where applicable, send us copies of the Order or at least the order number that we assign you in the Confirmation Order. Should you not have received any reaction from us within five Business Days, please make further enquiries. In rare cases your emails may be caught up in our spam filters or not reach us, or correspondence that we send to you may otherwise not have reached you.

Advertising on the Site

We shall use our reasonable endeavours to comply with any relevant regulations relating to the Site published by the Advertising Standards Authority.

Amendment to the General Business Terms and Conditions

We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted on-line. However, continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions.