These terms and conditions (the “Terms and Conditions”) govern the use of www.frankandfritz.com (the “Site”). This Site is owned and operated by Frank Eyewear PTY LTD Trading As Frank and Fritz Eyewear. This Site is an e-commerce website.

By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

Intellectual Property

All content published and made available on our Site is the property of Frank Eyewear PTY LTD trading as Frank and Fritz Eyewear and the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

Accounts

When you create an account on our Site, you agree to the following:

1. You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
2. All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.

We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.

Sale of Goods

These Terms and Conditions govern the sale of goods available on our Site.

The following goods are available on our Site:

• Optical Frames; and
• Sunglasses Frames.

These Terms and Conditions apply to all the goods that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods we provide. You agree to purchase goods from our Site at your own risk.

We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

Payments

We accept the following payment methods on our Site:

• Credit Card;
• PayPal;
• Debit;
• Paypal;
• Stripe;
• Apple Pay; and
• Afterpay

When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

Shipping and Delivery

When you purchase goods from our Site, the goods will be delivered through one of the following methods:

Standard delivery by post. Delivery takes 7 days. Expect delays over holiday periods.

Delivery will take place as soon as reasonably possible. Delivery times may vary due to unforseen circumstances. Please note that delivery times do not include weekends and public holidays.

You will not be charged for the delivery of the goods you purchase on our Site.

If you purchase goods from us for delivery to a destination outside Australia your purchase may be subject to import duties and taxes applied by the destination country. You are responsible for paying any such duties or taxes. Please contact your local customs office for more information before making a purchase. We are not responsible for the payment of any such duties or taxes and are not liable for any failure by you to pay them.

You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.

Refunds

Refund requests must be made within 14 days after receipt of your goods.

Refunds do not apply to the following goods:

1. Sales Items.

Returns

Returns can be made by mail. To return items by mail, follow the following procedures:

These terms and conditions of return only apply to online purchases. If you have purchased Frank and Fritz Eyewear frames from one of our partners, please contact them directly to discuss eligibility for a return.

We urge our customers to reference the frame sizings indicated prior to purchasing our frames. Frank and Fritz Eyewear will happily accept return of your full priced items within 14 days of you receiving it.

We will not accept any returns on sale items unless they are deemed to be faulty. All sales items transactions are final.

In the event that you change your mind within the 14 days of receiving your item, the following requirements will need to be met to receive a refund, exchange or credit note:

The item/s are to be posted within 14 days of you receiving the items. Any items outside of this return period will not be accepted.

If you would like to return these items please contact us via email at [email protected]. The purchaser is responsible for the costs of postage back to Frank and Fritz.

The item/s must be in a new condition with no evidence of wear and are to be in the original packaging together with all the accessories, inclusive of labels and tags.

Consumer Protection Law

Where the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

Limitation of Liability

Frank Eyewear PTY LTD trading as Frank and Fritz Eyewear and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

Indemnity

Except where prohibited by law, by using this Site you indemnify and hold harmless Frank Eyewear PTY LTD trading as Frank and Fritz Eyewear and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

Applicable Law

These Terms and Conditions are governed by the laws of the State of Western Australia.

Severability

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Changes

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

Contact Details

Please contact us if you have any questions or concerns. Our contact details are as follows:

[email protected]