Buddy Franklin Authentic Terms and Conditions
1.1 Our website, www.buddyfranklin.com (the “Site”) allows you to browse and order advertised goods from Buddy Franklin Authentic Pty Ltd ACN 627 647 509 (in these terms, “us”, “our” or “we”).
1.2 You must read these terms and conditions before accessing, using or ordering goods (“Product”) from or through the Site. If you are under 18 years of age, you must obtain your parent or guardian’s consent before using the Site.
1.3 Your access and use of the Site (including your purchase of Product(s)) is strictly subject to these terms and conditions applying to you.
- Compliance with these Terms and Conditions
You agree to bound by, and comply with, these terms and conditions by:
2.1 using our Site;
2.2 completing your application to purchase Products through the Site; and/or
2.3 obtaining Products using the Site.
- Changes to these Terms and Conditions
3.1 If you make an order for Products that is accepted by us, the terms and conditions that will apply to your order are the terms and conditions that applied at the time when you placed your order. We cannot vary or amend the terms and conditions which apply to your order for Products after that order is accepted by us.
3.2 Subject to clause 3.1, we may change these terms and conditions at any time, and those amendments will be effective as soon as they are posted to the Site. By use the Site after our terms and conditions have are amended or varied, you agree to be bound by the changes without qualification.
4.1 The information contained on our Site is given in good faith, on an "as is" basis and we do not make or give any representations or warranties as to the accuracy, completeness or suitability of the information contained on the Site. To the extent permitted by law, we are not responsible or liable to you or any third party for any claim, damage or liability (including direct, indirect or consequential loss) arising in any way (including negligence) for errors in, or omissions from, the information in the Site. We will, of course, endeavour to correct any inaccuracies on the Site once we become aware of them.
4.2 All illustrations, drawings and photos contained in or used by the Site are representative only of the Products and you acknowledge that variations between those photographs and the Product may and do occur from time to time for reasons beyond our control. By using our Site you agree that minor variations between illustrations and photos on the Site and the actual Product purchased by you will not entitle you to make any claim against us for a refund.
- Intellectual Property
5.1 by using our Site or ordering Products from it, you:
5.1.1 acknowledge that the copyright in the Site, the software, the content, layout, design, text and images and illustrations in it, t (collectively, the “Materials”) are exclusively and unconditionally owned by us;
5.1.2 agree that you will not amend, vary, modify, copy, store, upload, transmit or distribute in any way to the public any of our Material without our prior written consent; and
5.1.3 will not embed in any other website any of the Material without our prior written consent.
5.2 Our Site contains and uses our registered and non-registered trademarks (“marks”) which are protected by law. You must never use our marks or any name used on the Site without our prior written consent, which we can withhold in our absolute discretion.
- Virus and Malware Disclaimer
6.1 We does not claim or represent that the Site is free from viruses, malware or faults and we do not guarantee that your use of the Site will not result in your computer being infected by viruses or malware.
6.2 You agree that you will be solely responsible for scanning the Site for viruses.
6.3 You acknowledge and agree that we has no responsibility or liability to you or third party for any loss or damage (either direct, indirect, consequential or economic), irrespective of cause (including negligence or otherwise) which may be the direct or indirect result of any such information or use of the Site.
6.4 If we are found to be liable for viruses or malware, our liability will be limited to the cost of re-supplying the information to you.
- Site Links
Our Site will contain links to other third-party websites that are not created or operated by us. You agree that we do not endorse or make any representations or give any warranties to you about the accuracy of information contained within those websites. These links are solely for your convenience and you agree that:
7.1 we make no representations or warranties and do not assume any responsibility or liability for those websites;
7.2 the links do not indicate, expressly or impliedly, that we endorse the site or the products or services that are provided at those sites; and
7.3 your access and use of the Site is solely at your own risk.
- Site Account Registration
8.2 You may only have one active account, and that account cannot be transferred to or used by anyone other than you. You may update or terminate your account at any time.
8.3 If you elect to use a work email address for your account or to access the Site, you agree to be solely responsible for complying with your rules, policies or protocols and you also agree that you cannot cancel an order or avoid liability for the payment of Product only because of the fact that you violated your workplace policy by using our Site.
- Product Orders
9.1 You can order Products by selecting and submitting your order through the Site in accordance with these terms and conditions.
9.2 Any order for Product placed through the Site will be an offer by you to purchase the particular Product for the price notified (including the delivery and other charges) at the time you place the order.
9.3 Before we process and action any order, we may request additional details or require you to confirm certain details and you agree to promptly provide us with current, complete and accurate details when asked to do so.
9.4 You agree that all Product ordered and purchased by you will be used for domestic, non-trade use only and you will not re-sell or advertise any Product for sale.
9.5 We reserve the right to restrict or limit the number of Products which can be purchased in one transaction or by one person or address during any given time. Any quantity restrictions will be stated on the online product page or in advertising or otherwise advised to you by us.
- Acceptance or Rejection of Orders
10.1 At all times and in all circumstances, we reserve the right to accept or reject any order for any reason, including where the requested Product is not available, where there was an error in the price or the Product description posted on the Site or if we reasonably consider the order to be in violation of any product quantity restrictions or our ordering policies.
10.2 Orders for Products placed through the Site that we accept creates a separate binding contract between you and us for the supply of the Products. For each order we accept, we will supply the Product(s) in that order and in accordance with these terms and conditions.
10.3 If we reject an order, we will take reasonable steps to advise you of that rejection.
- Order Cancellations
11.1 We reserve the right to cancel all or any part of an order (including any orders that we have accepted) without liability to you for that cancellation if:
11.1.1 the requested Product(s) are not available; or
11.1.2 there is an error in the price or the Product on the Site; or
11.1.3 the order has been placed in breach of these terms and conditions.
11.2 If we do so, then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order if we cancel it before the delivery date or if you are not at fault or in breach of these terms and conditions.
- Delivery of Products
You acknowledge that the delivery of Product may take up to ten (10) working days from the receipt of your payment for the Product. Delivery times are subject to Product availability and the delivery period may be extended by us by up to 30 days, in which case we will try to provide you with updates from time to time.
- Product Prices, Fees and Charges
13.1.1 The prices for Products and delivery fees displayed on this Site are current at the time of publication but you acknowledge and we reserve the right to change quoted prices and fees at any time before we accept any order from you.
13.1.2 All prices, fees and charges shown on the Site are in Australian Dollars.
13.1.3 We will charge you, and you agree to pay, the following fees and charges in relation to an order that is accepted by us (as applicable):
220.127.116.11 the purchase price of each Product;
18.104.22.168 the delivery fee for delivering the Products; and
22.214.171.124 any other fees and charges which apply to the sale or delivery of the Product.
13.1.4 All fees and charges identified in these terms and conditions and all prices for the Products as shown on the Site are inclusive of GST (unless otherwise indicated).
13.2.1 Delivery fees are payable in addition to the price of a Product. A number of different delivery methods may be used depending on the Product and the delivery location.
13.3.2 If a delivery is performed by a courier, Products will not be delivered to an unattended or a vacant address. All courier deliveries require a signature from an occupant at the specified delivery address. If no one is available to sign for the parcel a card will be left at the delivery address and the parcel re-directed to the nearest courier depot and your acknowledge and agree that you are then responsible for collecting the parcel from that depot and paying any additional courier or re-delivery charges.
13.3.3 We only deliver orders to Australian addresses.
13.3.4 You acknowledge and agree that depending on the Product orders, we have the right to charge additional delivery fees and/or freight charges in excess of the fees and charges specified on the Site for:
126.96.36.199 special, non-normal Product;
188.8.131.52 heavy or bulky items;
184.108.40.206 urgent deliveries; or
220.127.116.11 bulk orders.
- Your Obligations to Us
By using the Site and/or placing and order for any Product(s) you acknowledge, agree and warrant to us that:
14.1 all the information provided by you through the Site (including as part of the customer registration process) is true, accurate, complete and up to date;
14.2 the person(s) receiving the Products at your chosen delivery address is authorised by you to do so;
14.3 you have and will comply with all relevant laws relating to your use of the Site and your placement of orders with us;
14.4 you will ensure that Site password and login in details are kept safe and secure and you will advise us as soon as you become aware of the fact that someone else has obtained your login credentials or your password in an unauthorised or unlawful way so that we can close your account or change your password;
14.5 you will promptly advise us of any changes to your account information;
14.6 you will be solely responsible and liable for any third party who uses your password to order Product(s);
14.7 you agree that we may charge you for all Products that we agree to supply to you that have been ordered through the Site;
14.8 you agree that you will not:
14.8.1 use the Site any activities that breach any laws, codes, regulations or infringe a third party’s rights;
14.8.2 use the Site in a manner or post to or transmit to or via the Site any material, which defames, harasses, threatens or offends any person and that we may immediately suspend or terminate your access to the Site if you do so;
14.8.3 make fraudulent enquiries, purchases or requests through the Site;
14.8.4 use another person’s details without their permission or impersonate another person when using the Site or communicating with us;
14.8.5 post or transmit any obscene, indecent, inflammatory, racist or pornographic material;
14.8.6 tamper or interfere with the operation of the Site;
14.8.7 knowingly transmit viruses, malware, defects, Trojans or similar disabling or malicious code to the Site;
14.8.8 use any robot, site search and retrieval application or other mechanism to index the Site or any part of it;
14.8.9 modify, adapt or reverse engineer any part of the Site;
14.8.10 remove any copyright, trade mark or other proprietary rights contained in or on the Site;
14.8.11 reformat or tamper with any part of the Site;
14.8.12 create an account by automated means;
14.8.13 use the Site to violate or interfere with the security of any computer or network or engage in any form of illegal conduct;
14.8.14 use the Site other than in accordance with these terms and conditions; or
14.8.15 attempt any of the above.
- Warranties and Liability
15.1 We accept liability for all guarantees and warranties expressed or implied to any purchase of Product made by you through the Site in accordance with our obligations under the Competition and Consumer Act 2010, or other applicable legislation (Fair Trading Acts in all relevant States and Territories) the effect of which we cannot exclude. However, where we are permitted to do so at law, we will only:
15.1.1 in the case of our supply of services, their resupply or the payment to you of the cost to resupply; and
15.1.2 in the case of Product(s), replace the Product, supply equivalent Product, repair the Product, pay you for the cost of replacing or purchasing equivalent Product.
15.2 Where we are permitted by law (and subject at all times to clause 15.1 above):
15.2.1 we do not warrant, represent or guarantee the suitability of the Site or any one or more Products for any particular purpose(s) or use(s); and
15.2.2 we will not be liable to you for any indirect and consequential losses or damages (including lost revenue, lost profits, expected profits, savings or any other financial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to with Site or any Product.
15.3 Our liability to you for loss or damage of any kind arising out of this contract is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies irrespective of whether our liability arises from contract, tort (including negligence) or under any statute or legislation.
- Product Returns
16.1 You agree that you will be taken to have unconditionally accepted all Product(s) unless you notify us in writing (by email, or fax) within 14 days of delivery to you that you reject the Product and you provide us with clear reasons for your rejection.
16.2 We will accept product returns and provide you with a replacement Product(s) (subject to availability) or an exchange voucher, refund or repair where (at our sole discretion) the Product(s) delivered:
16.2.1 is faulty or not of merchantable quality, or
16.2.2 is not fit for its intended purpose, or
16.2.3 does not match the description on the Site.
16.3 If the Product is delivered and satisfies one or more of clause 16.2 above, please email us at firstname.lastname@example.org and our Customer Team will assist you. Please ensure that when you email or call us, you provide us with:
16.3.1 your order number, invoice and/or number(s);
16.3.2 a description of the problem or the reason for your request;
16.3.3 photograph(s) of the Product as delivered to you showing the damage during transit; and
16.3.4 your name and contact details.
16.4 We will then assess your request and issue you with a return authorisation number if we accept the return, and we will send you return instructions at that point in time. If we believe that the complaint described requires clarification, we may contact you to.
- Termination and/or Suspension of your Account
17.1 We may terminate this contract without you or us being at fault at any time by giving you notice. For example (and without limitation), we may immediately suspend, terminate or restrict your access to and/or use of the Site or account if we reasonably suspect that you have commit or intend to commit fraudulent act or you breach these terms and conditions and:
17.1.1 the breach cannot be remedied; or
17.1.2 you fail to the remedy the breach within 7 days of our notice requesting you to fix or correct that breach; or
17.1.3 if there is an emergency or a security risk to you or to us.
- Site-Use Personal Injury Disclaimer
18.1 You acknowledge that all videos, images, diagrams, drawings and photographs posted on the Site may depict activities performed by trained, qualified professionals.
18.2 You agree not to attempt any activities shown on this Site unless you have:
18.2.1 obtained advice from qualified experts and/or professionals;
18.2.3 complied with all laws and regulations applicable to such activity; and
18.2.4 used safe and best-practices for performing the activities.
18.3 You acknowledge that you understand and accept that all video content on the Site is intended to be for information only and we make no statements or warranties about the accuracy or completeness of the content contained in them.
18.4 Subject to any applicable law, we specifically exclude and disclaim all liability (including in negligence) for any loss, costs, damages expenses, injuries, deaths, fines, suits, or any other penalties or imposts suffered, incurred or made against you as a direct or indirect result of your access and use of the Site and its contents (including to videos and the information therein being inaccurate or incomplete or for any other reason).
18.5 None of the videos on the Site may be used or reproduced in whole or in part, without our prior written consent (which we can decline in our absolute discretion). All information on the Site is protected by copyright. All text, images, graphics, sound files, video files and their arrangement on the Site are subject to copyright and intellectual property protection laws in Australia and other countries, including the Copyright Act 1968 (Cth) and via international copyright treaties.
19.1 If the whole or any part of a provision of this contract is declared by a court or a tribunal to be illegal, void or unenforceable in any jurisdiction, this contract or that part of it which is in dispute is severed for the purpose of that jurisdiction and the remainder of this contract will continue to be applicable, binding on us and to have full force and effect and the validity or enforceability of that provision in any other jurisdiction, will not be affected.
19.2 This contract is governed by the laws of Australia and each party submits to the exclusive jurisdiction of the courts of that place.
20.1 Capitalised terms used are defined in these terms and conditions. In these terms:
20.1.1 “GST” has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)
20.1.2 “Liabilities” means all direct and/or indirect liabilities for costs; damages; losses; claims, causes of action, accidents; injuries; deaths and expenses including (but not limited to) legal and accounting fees.
20.1.3 “Product” means the goods and/or services that are advertised on the Site from time to time.