Last updated: July 2024

1.1 The Website (frankie4.com) is owned and operated by FRANKIE4 IP 1 Pty Ltd (ABN 38 635 319 845) (we, us).
1.2 Clauses 1 to 4, 10, 11, 12, and 13 apply to all users of the Website. The entirety of the Terms and Conditions apply to users who place an Order via the Website.
1.3 By:
  (a) using the Website, you agree to be bound by clauses 1 to 4, 10, 11, 12, and 13; and
  (b) proceeding with an Order, you agree to be bound by the entirety of these Terms and Conditions.
1.4 If you do not agree to these Terms and Conditions, you must not use the Website or place an Order.
1.5 We reserve the right to amend these Terms and Conditions from time to time. We will try to give you reasonable advance notice of any changes, but in any case, amendments will be effective immediately upon notification on the Website. If you do not agree to any change to the Terms and Conditions, you may stop using the Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the amended Terms and Conditions.

2.1 The following additional terms also apply to your use of the Website:
  (a) our Returns Policy;
  (b) our Privacy Policy;
  (c) our further Terms and Conditions relating to:
    (i) the use of discounts and vouchers;
    (ii) promotional offers;
    (iii) shipping and delivery
    (iv) the use of buy now, pay later platforms; and
  (d) any other terms and conditions implied or required by law.
2.2 More information about these additional terms can be found on the Website.
2.3 Our Website contains answers to Frequently Asked Questions.

3.1 You must ensure that your access to this Website is not illegal or prohibited by laws which apply to you.
3.2 You must not use the Website to:
  (a) engage in unlawful or fraudulent behaviour;
  (b) solicit others to engage in unlawful or fraudulent behaviour;
  (c) harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, nationality or disability;
  (d) to mislead or deceive any person or entity;
  (e) to interfere with the use of the Website by other users;
  (f) to introduce malicious code or to circumvent security measures on any website, network, or system; or
  (g) in any other way we consider unacceptable.
3.3 You must not access or attempt to access parts of the Website you are not authorised to access.
3.4 While we take reasonable care with the content we include on the Website, except as expressly set out in these Terms and Conditions, we do not warrant the accuracy, adequacy or completeness of the information on the Website, nor do we commit to ensuring the Website remains updated. Except as expressly set out in these Terms and Conditions or to the extent required by non-excludable law, we do not accept responsibility for loss or damage due to your reliance on the accuracy or currency of information contained on the Website.
3.5 It is your responsibility ensure your computer and telecommunications network is secure while using the Website. You must take your own precautions to ensure that the method you use to access the Website does not expose you to the risk of viruses, malicious computer code, or other forms of interference which may damage your own computer system or telecommunications network.
3.6 Unfortunately, no data transmission over the internet can be guaranteed as totally secure. We do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information that you transmit to the Website is transmitted at your own risk. If you become aware of any problems with the security of the data or the Website, please contact us immediately.
3.7 The Website may contain links to other websites, including through the use of social features. The links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.
3.8 Access to the Website may be withdrawn at any time without notice. These Terms and Conditions will survive any such withdrawal.

4.1 Except for your User Content, all Intellectual Property Rights in the Website, including in the design, text, graphics, logos, icons, sound recordings and all software relating to the Website belong to or are licensed by us. These Intellectual Property Rights are protected by Australian and international laws.
4.2 When you access the Website, you are granted a limited, non-exclusive, revocable, non-assignable and non-transferable right and licence to use the Website in the form provided.
4.3 You are only permitted to access the Website through the proper use of the functionality of the Website.
4.4 This licence to use the Intellectual Property Rights in the Website is subject to your strict compliance with these Terms and Conditions, and to any territorial restrictions that may apply from time to time. Any attempt to otherwise access, copy, distribute or create derivative works from the Website content is expressly prohibited and is unlawful.
4.5 Except as set out in this clause 4, you must not in any form or by any means adapt, modify, upload, reproduce (other than for the purpose of viewing the Website in your browser), store, modify, distribute, print, upload, display, perform, or publish post frame within another website, remove any credits, or create derivate works from any part of the Website, or commercialise any information obtained from any part of the Website without our prior written permission or, in the case of third party material, from the owner of the Intellectual Property Rights in that third party material.
4.6 FRANKIE4, Arrow Device, CURVED ARROW Logo, CUSTOM CONTROL, FRANKIE4 ACTIVE, GOLDILOCKS, SAVING SOLES, SAVING YOUR SOLE, SOLE HERO, SOLE SAVER, SOLE SAVER PACK, Arrow Icon Device, LUXALITE, LUXESTEP are Australian registered trade marks. You are not permitted to use these, or any of our trade marks or brands, in any form without our written consent.

5.1 You may submit an order for one or more of the products we offer, subject to clause 5.9.
5.2 When you have submitted an Order, you should expect to receive e-mails confirming:
  (a) receipt of your Order;
  (b) the Order has been paid for; and
  (c) the Product(s) have been dispatched.
5.3 Your Order is accepted by us when we confirm the Product(s) have been dispatched.
5.4 We may accept or reject all or part of an Order at our discretion prior to acceptance of the Order.
5.5 If we accept your Order, then:
  (a) subject to payment of the Purchase Price, we will sell to you the Products contemplated by that Order; and
  (b) you must purchase the Products contemplated by that Order for the Purchase Price.
5.6 To request to modify or cancel an Order you must contact us immediately at info@frankie4.com.au. We cannot modify or cancel Orders once the Product has been dispatched.
5.7 If you request to cancel an Order prior to dispatch, and we are able to cancel the Order prior to dispatch, we will arrange for a full refund or store credit (at your choosing) of the Purchase Price made to us by you.
5.8 We endeavour to ensure that the products and descriptions of them on the Website and as otherwise communicated to you are accurate. We do not, however, promise or represent that the Website is accurate or free from errors or omissions and we reserve the right to make any necessary corrections. It is your responsibility to verify that the Product you have selected is suitable for your intended purposes. Please be aware that colours appear differently on different monitors.
5.9 You must only submit an Order for products where the products are for your personal use only (including gifting). You must not submit an Order for products which you intend to, or do, resell the products (whether or not for a profit). We reserve the right to limit or prohibit orders that we deem to be placed by unauthorised dealers, resellers or distributors.

6.1 The prices stated by us for our products are in Australian dollars and are exclusive of Government Charges (where payable) and delivery charges. Government Charges and delivery charges will be displayed prior to payment being required.
6.2 You must pay the Purchase Price, Government Charges, and delivery charges for the Products at the time you place an Order, using the payment options available on the Website. All payments are handled by secure third party payment gateway providers.
6.3 We will not dispatch the Products until we have received payment in full.
6.4 If we elect not to accept an Order and you have paid the Purchase Price for the particular Products, then we will refund or store credit (at your choosing) any amounts paid by you for that Order (in the event the whole Order is rejected) or the particular Products (in the event the Order is rejected in part).
6.5 We may issue or promote discount codes or sales that offer a discount off the ordinary retail price of specified products. To qualify for a discount, you must supply the applicable discount code at checkout or purchase products within the allotted sale period. Unless otherwise stated in the relevant promotional offer’s terms and conditions, you may only use one discount code per purchase and use of a discount code may override or nullify another discount we may offer. More information about the terms of use of specific discounts and vouchers can be found on the Website.

7.1 Subject to clause 7.2, we will endeavour to deliver the Products to the delivery address in the accepted Order.
7.2 You acknowledge that any delivery dates nominated or agreed to by us are indicative only, and are not binding on us.
7.3 You may grant our selected delivery partners an ‘authority to leave’ after placing an Order. If you do, you understand and agree that this authority to leave grants our selected delivery partners permission to leave the Order 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. We are not liable for any loss or damage to the Products after we have left the Order at the delivery address.
7.4 If the Product is damaged during delivery, you must email us at info@frankie4.com.au within 24 hours of delivery with photographs of the damage and provide us with further details as requested so that we can investigate.
7.5 If the Product is lost in transit, you must email us at info@frankie4.com.au as soon as you become aware that the Product may have become lost in transit.
7.6 For any Product which has been legitimately damaged during delivery or lost in transit, we may (at our discretion):
  (a) issue a refund of the Purchase Price; or
  (b) replace the Product, subject to clause 7.7.
7.7 We may not be able to replace the Product with an identical product. In such circumstances, we reserve the right to offer store credit or replace the Product with a product of similar value and type.
7.8 You must take care when opening a Product so as not to damage it, particularly when using any sharp instruments.
7.9 We will not accept any claim for loss or damage in transit where:
  (a) the Product has been lost or damaged after delivery; or
  (b) the Product has been damaged by your own actions in opening the Product.
7.10 Further information about shipping and delivery locations and timeframes can be found on the Website.

8.1 Title to the Products passes from us to you when you pay the Purchase Price for those Products in full.
8.2 Risk in the Products passes from us to you at the time of delivery.

9.1 You acknowledge and agree that you must only use the Products in accordance with the applicable Specification. Failure to do so may result in loss or damage, including physical injury and property damage. We are not liable for any loss or damage arising in connection with your failure to use the Products in accordance with the applicable Specification.

10.1 Our products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a Major Failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the products repaired or replaced if the products fail to be of acceptable quality and the failure does not amount to a Major Failure.
10.2 To request a remedy under Australian Consumer Law, please see clause 11.
10.3 Any liability of ours for any loss or damage which is not caused by a failure to comply with a Consumer Guarantee, however caused (including by our negligence), suffered by you in connection with:
  (a) a Product is limited to, at our election:
    (i) the Purchase Price paid by you for that Product; or
    (ii) resupply of that Product (subject to clause 10.5); and
  (b) the Website is limited to an amount equal to any payments received by us from you in connection with the Website.
10.4 The limitation set out in clause 10.3 is an aggregate limit for all claims, whenever made.
10.5 In circumstances where we cannot resupply the Product (for example, where the Product was one of a kind), we reserve the right to replace the Product with a product of similar value and type.
10.6 We are not liable for any Consequential Loss however caused (including by our negligence), suffered or incurred by you in connection with a Product or the Website, except where such liability cannot be excluded by law.

11.1 To request a remedy where a Product does not comply with a Consumer Guarantee, please email us at info@frankie4.com.au as soon as you become aware of the failure. You will need to prove that you purchased the Product from us. If you can't provide an order confirmation, another form of proof of purchase will be required. We may require you to provide further information about the failure so that we can assess your request, and you must provide us with any information reasonably requested.
11.2 If you wish to request a refund or replacement for a Major Failure, you must first return the Product to us. You may also choose to keep the Product and accept a partial refund for the drop in value of the Product.
11.3 Products being returned for a failure to comply with a Consumer Guarantee do not need to be in their original packaging.
11.4 You are responsible for returning the Product to us. If we determine the Product does fail to comply with a Consumer Guarantee, we will reimburse you for the cost of returning the Product to us. You must provide us with your receipt for the return costs so we can verify the amount to be paid.
11.5 We reserve our right to refuse your request for a remedy in circumstances allowed by the Australian Consumer Law, including if:
  (a) the failure with the Product was caused by you misusing the Product;
  (b) you were aware of the failure with the Product before you purchased it;
  (c) the Product has been lost, destroyed or disposed of by you;
  (d) the Product was damaged after being delivered to you for reasons not related to its condition at the time of supply;
  (e) the Product has been attached to, or incorporated in, any real or personal property and cannot be detached or isolated without damaging it; or
  (f) the rejection period for the Product has passed, where time runs from the date of supply until the fault or problem would reasonably be expected to appear.
11.6 Refunds will be issued using the same method as your original payment.
11.7 We are not required to provide you with a refund or replacement simply because you changed your mind about a Product. We may elect to provide store credit or a Product refund in accordance with the Returns Policy on the Website.

12.1 To the extent allowable at law, you are liable for, and indemnify us from and against, all loss or damage (including legal costs) incurred or suffered by us however caused in connection with:
  (a) your use of the Website;
  (b) your breach of these Terms and Conditions;
  (c) any information that you provide to us via the Website or your interaction with us;
  (d) any damage that you may cause to the Website;
  (e) personal injury or death of any person in connection with use of the Products:
    (i) other than in accordance with the Specification (including any health and safety information); or
    (ii) where you were aware or ought to have known that the Products were not suitable for such use; and
  (f) damage to property in connection with the use of the Products other than in accordance with the Specification.

13.1 The laws of Queensland, Australia govern these Terms and Conditions.
13.2 Each party irrevocably submits to the non exclusive jurisdiction of the courts of Queensland, Australia and courts competent to hear appeals from those courts.
13.3 If you access the Website in a jurisdiction other than Queensland, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.
13.4 Termination of these Terms and Conditions will not affect clauses 3.2 to 3.4, 3.6 to 3.7, 4, 5.8, 6, 7.9, 8.2, 9, 10, 11, 12, and 13 and any other clause of these Terms and Conditions which is expressly or by implication intended to come into force or continue after termination.
13.5 We may subcontract our obligations under these Terms and Conditions.
13.6 You may not assign or transfer any of your rights or obligations under these Terms and Conditions without our prior written consent.
13.7 Neither party is liable for any delay or failure to perform its obligations under these Terms and Conditions to the extent that such failure is caused by a Force Majeure Event. However, nothing in this clause excuses payment of any money due for Products delivered.
13.8 A clause or part of a clause of these Terms and Conditions that is illegal or unenforceable may be severed from these Terms and Conditions and the remaining clauses or parts of the clause of these Terms and Conditions continue in force.
13.9 If any provision of these Terms and Conditions is or becomes illegal, unenforceable or invalid in any jurisdiction, it is to be treated as being severed from these Terms and Conditions in the relevant jurisdiction, but the rest of these Terms and Conditions will not be affected.
13.10 These Terms and Conditions supersede all previous agreements about their subject matter. These Terms and Conditions embodies the entire agreement between the parties.
13.11 We may collect information relating to you (including Personal Information), retain that information in our customer database and use that information (including Personal Information) for purposes associated with our business. More information about the way we collect, use, and disclose Personal Information is set out in our Privacy Policy, available on the Website.

14.1 If at our request and with your consent, you submit a post-purchase review, which may or may not include a photo, this submission must be your original work. We reserve the right to require you to verify that the submission (including photo) is your original work. 

14.2 You warrant that your entry is not in breach of any third-party intellectual property rights. You agree to indemnify us and any associated agencies against all losses, damages, claims and costs by third parties arising out of, connected to, or resulting from, a breach of the warranty set out in this clause 14.

14.3 Your entry must not include:

  (a) any image, video or voice of any other person without that person’s express consent;

  (b) any content that contravenes any law; and

  (c) any content that is obscene, offensive, potentially defamatory, discriminatory, indecent, prejudicial or inconsistent with prevailing community standards.

14.4 By submitting a post-purchase review, you consent to us dealing with your submission in any way that may otherwise infringe your moral rights and agree not to assert your moral rights (wherever such rights are recognised) in respect of the entry against us and any associates agencies. 

14.5 You warrant that your entry is not in breach of any third-party intellectual property rights. 

Definitions
15.1 In these Terms and Conditions:
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Consequential Loss means:
  (a) loss of revenue;
  (b) loss of reputation;
  (c) loss of profits;
  (d) consequential loss;
  (e) loss of actual or anticipated savings;
  (f) loss of bargain;
  (g) indirect loss;
  (h) loss of data;
  (i) lost opportunities (including opportunities to enter into arrangements with third parties); and
  (j) loss or damage in connection with claims against you by third parties.

Consumer Guarantee means the guarantees relating to the supply of goods and services to consumers set out in Part 3-2, Division 1 of the Australian Consumer Law.

Force Majeure Event means any occurrence or omission outside a party’s reasonable control, as a direct or indirect result of which the party relying on the event is prevented from or delayed in performing its obligations under this document (other than a payment obligation), and includes a physical natural disaster including fire, flood, lightning or earthquake; war or other state of armed hostilities (whether war is declared or not), insurrection, riot, civil commotion, act of public enemies, national emergency (whether in fact or in law) or declaration of martial law; pandemic, epidemic, or quarantine restriction; ionising radiation or contamination by radioactivity from any nuclear waste or from combustion of nuclear fuel; confiscation, nationalisation, requisition, expropriation, prohibition, embargo, restraint or damage to property by or under the order of any Government Agency; law taking effect after the date of this document; and strike, lock-out, stoppage, labour dispute or shortage including industrial disputes that are specific to a party or the party's subcontractors.

Government Agency means
  (a) a government or government department or other body;
  (b) a governmental, semi-governmental or judicial person; or
  (c) a person (whether autonomous or not) who is charged with the administration of a law.
Government Charges means any Government Agency-imposed import duties, levies or imports or any goods and services tax, sales, transaction, use, excise, gross receipts, value added, property or other taxes or duties of any kind applicable to the Products or Services.

Intellectual Property Rights means all industrial and intellectual property rights, both in Australia and throughout the world, and includes any copyright, patent, registered or unregistered trade mark, registered or unregistered design, registered or unregistered plant breeder’s right, trade secret, knowhow, trade or business or company name, indication or source or appellation of origin or other proprietary right, or right of registration of those rights.
Major Failure has the meaning given to it in section 260 of the Australian Consumer Law.
Order means an order made under clause 5.1 by you for the supply of Products.
Personal Information has the meaning given to that term by the Privacy Act 1988 (Cth).
Product means a good we have offered for sale and you have submitted an Order to purchase.
Purchase Price in respect of a Product means the purchase price and cost of delivery for that Product as specified by us.
Specification means the specification or instruction provided to you by us in respect of each Product (if any), including via the Website, as amended from time to time (for example, the Care Instructions).
Website means www.frankie4.com, operated by us.

Interpretation

15.2 In these Terms and Conditions:
  (a) the meaning of any general language is not restricted by any accompanying example, and the words ‘includes’, ‘including’, ‘such as’ or ‘for example’ (or similar phrases) do not limit what else might be included;
  (b) no rule of construction applies in the interpretation of these Terms and Conditions to the disadvantage of the party preparing the Terms and Conditions on the basis that it put forward these Terms and Conditions or any part of it; and
  (c) a reference to a party is a reference to us or you, and a reference to the parties is a reference to both the us and you.