Terms and Conditions

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 of registered address 11 - 13 Chessell Street Southbank Melbourne 3006 Victoria. 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. 

Promotion T&Cs

NZ Lucky Bag Promotion Terms & Conditions ("Conditions of Entry")

Schedule 

Promotion:	NZ Lucky Bag Promotion
Promoter:	Frank Green Enterprises Pty Ltd ABN 61 166 075 592, 3-7 Raglan Street, South Melbourne, Victoria 3205, Australia.
Promotional Period:	Start date: 09/03/23 at 08:00 am NZDT (frank green friends) or 10/03/23 at 08:00 am NZDT (general public) End date: 19/03/23 at 11:59 pm NZDT
Eligible entrants:	Entry is only open to New Zealand residents. Entrants under the age of 18 must have parent or legal guardian approval to enter.
How to Enter:	To enter the Promotion, the entrant must purchase a frank green ‘Lucky Bag’ from https://nz.frankgreen.com/ during the Promotional Period. Stocks of Lucky Bags are strictly limited and only available until sold out (during the Promotional Period).  Lucky Bags are comprised of an assortment of frank green products. Entrants will not be able to select the items contained in the Lucky Bags. Entrants acknowledge that by purchasing a Lucky Bag they agree to these conditions of sale.  A proportion of Lucky Bags will be randomly seeded with a ‘golden ticket’, entitling the entrant to claim a prize (as outlined below). Entrants will have a 1 in 10 chance of winning a prize.  Purchase of frank green ‘Lucky Bags’ is subject to the frank green Product Returns policy on ‘Lucky Bags’ (available at https://nz.frankgreen.com/pages/product-returns). Lucky Bag products cannot be exchanged or refunded for change of mind.
How to Claim:	To claim, winners must email luckybagNZ@frankgreen.com.au, and provide their name and the unique code number from their golden ticket. Prizes must be claimed by 11:59pm NZST on 30/04/23. Prizes will be sent out via email once winners have been verified and confirmed.
Entries permitted:	Customers are eligible to purchase multiple frank green ‘Lucky Bags’ (and have multiple opportunities to win a prize).
Total Prize Pool:	NZ $60,000.00 nationally
Prize Description The prize is a $100 frank green eGift Card (redeemable at https://nz.frankgreen.com/). Number of this prize 600 Value (per prize) NZD$100.00 Winning Method  Instant Win
Further Prize Details:	● Any ancillary costs associated with redeeming the gift card are not included. Any unused balance of the gift card will not be awarded as cash. Redemption of the gift card is subject to any terms and conditions of the issuer including those specified on the gift card.  ● The prize must be taken as stated and no compensation will be payable if the winner is unable to use the prize. The prize is non-refundable, non-transferable nor redeemable for cash or other goods or services. If lost or misplaced, the prize is not replaceable. If the prize is not utilised as stated it will be forfeited.

 

1. The entrant agrees and acknowledges that they have read these Conditions of Entry (and Schedule) and that entry into the Promotion is deemed to be acceptance of these Conditions of Entry (and Schedule). Any capitalised terms used in these Conditions of Entry have the meaning given in the Schedule, unless stated otherwise. 
2. The Promotion commences on the Start Date and ends on the End Date ("Promotional Period"). Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the entrant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt. 

3. Valid and eligible entries will be accepted during the Promotional Period. 
4. Employees (and their immediate family members) of agencies/companies directly associated with the conduct of this Promotion, the Promoter, businesses involved in determination of winner/s for the Promotion, businesses involved in the management of the Promotion, any organisation benefiting from the Promotion, the Promoter’s distributors, suppliers, subsidiary companies/businesses and associated companies and agencies are not eligible to enter. "Immediate family member" means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin. 
5. If a prize is won by a person under the age of 18, the prize may be awarded to the winner's parent or guardian and where applicable to the prize a nominated parent/guardian must accompany any person under 18 years of age.
6. If any winner chooses not to take their prize (or is unable to), or does not take or claim a prize by the time specified by the Promoter, or is unavailable, they forfeit the prize and the Promoter is not obliged to substitute the prize.
7. Where entry is allowed by purchase or subscription, the cost of the product or service is no greater than the cost would be without the opportunity to participate in the Promotion. 
8. No part of a prize is exchangeable, redeemable for cash or any other prize or transferable, unless otherwise specified in writing by the Promoter. 
9. If a prize (or portion of a prize) is unavailable the Promoter reserves the right to substitute the prize (or that portion of the prize) to a prize of equal or greater value and specification. 
10. No entry fee is charged by the Promoter to enter the Promotion. 
11. Each prize will be awarded to the person named in the entry and any entry that is made on behalf of an entrant or by a third party will be invalid. If there is a dispute as to the identity of an entrant or winner, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant or winner. 
12. Entrants' personal information will be collected by the Promoter. Personal information will be stored on the Promoter's database. The Promoter may use this information for future marketing purposes regarding its products, including contacting the entrant electronically. The Promoter's privacy policy is located at https://nz.frankgreen.com/pages/privacy. The Promoter's privacy policy contains information about how the entrant may access, update and seek correction of the personal information the Promoter holds about them and how the entrant may complain about any potential breach by the Promoter of any privacy laws and how such complaints will be dealt with. The Promoter collects personal information about entrants to enable them to participate in this Promotion and may disclose the entrants' personal information to third parties including its contractors and agents, prize suppliers and service providers to assist in conducting this Promotion. If the entrant does not provide their personal information as requested, they may be ineligible to enter or claim a prize in the Promotion. The Promoter may transfer entrants' personal information to countries specified in the Promoter’s privacy policy. Entrants acknowledge that the Promoter cannot guarantee that any overseas recipient will not breach the New Zealand Privacy Principles. By entering this promotion, entrants consent to overseas transfer on these terms and agree that the Promoter is not liable for any such breach. 
13. It is a condition of accepting the prize that a winner (or their parent or legal guardian if under the age of 18) may be required to sign a legal release as determined by the Promoter in its absolute discretion, prior to receiving a prize. If a winner is under the age of 18, a nominated parent or legal guardian of the winner will be required to sign the legal release on the winner's behalf. 
14. If a prize is provided to the Promoter by a third party, the prize is subject to the terms and conditions of the third party prize supplier and the provision of the prize is the sole responsibility of the third party and not the Promoter. The terms and conditions which apply to the prize at the time it is issued to the winner will prevail over these Conditions of Entry, to the extent of any inconsistency. The Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the prize, any delay or failure relating to the prize itself or failure by the third party to meet any of its obligations in these Conditions of Entry or otherwise. 

15. Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Conditions of Entry restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Consumer Guarantees Act 1993 (NZ) and/or Fair Trading Act 1986 (NZ). 
16. If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected entries, or suspend or modify a prize. 
17. The Promoter reserves the right, at any time, to validate and check the authenticity of entries and entrant's details (including an entrant's identity, age and place of residence). In the event that a winner cannot provide suitable proof as required by the Promoter to validate their entry, the winner will forfeit the prize in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible entries, as applicable, will at the Promoter's discretion be deemed invalid and not eligible to win. Entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may render all entries submitted by that individual invalid. 
18. The Promoter reserves the right to disqualify entries in the event of non-compliance with these Conditions of Entry. In the event that there is a dispute concerning the conduct of the Promotion or claiming a prize, the Promoter will resolve the dispute in direct consultation with the entrant. If the dispute cannot be resolved the Promoter’s decision will be final. 
19. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person's negligence or willful misconduct) in connection with this Promotion or accepting or using any prize (or recommendation), except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law). 
20. The entrant will participate in and co-operate as required with all reasonable marketing and editorial activities relating to the Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that the Promoter may use any such marketing and editorial material without further reference or compensation to them. 
21. The Promoter accepts no responsibility for any tax implications and the entrant must seek their own independent financial advice in regards to the tax implications relating to the prize or acceptance of the prize. 
22. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.

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Always on Free Shipping Offer - Orders Over $150
Spend over $150 NZD and receive free standard shipping at checkout. Offer can only be redeemed online at https://nz.frankgreen.com/ and is only valid for New Zealand residences. This offer is not valid for international online orders, 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.

Product descriptions

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.

 

Product orders

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 New Zealand Dollars (NZ) 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 is an additional charge. For New Zealand orders shipping will be charged at a flat rate of $25.00. 

For international orders, 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 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.

 

Payments

We process all online payments through PayPal or ANZ eGate. 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.

Gift Cards

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.

 

Product returns

We're happy to facilitate a return or exchange for new, unused products in original packaging. If you wish to return your frank green product for a refund, you must notify us within 14 days of receiving your order.

To qualify for a return or an exchange, please ensure the item is unopened, undamaged and unused. Kindly note, that Lucky Bag products, monogrammed products and limited edition collections are final sale and are not eligible for return unless faulty or damaged on arrival. In the case of a change of mind return, shipping costs are not reimbursed and frank green is not responsible for returns until they have been delivered to and inspected by our team. Refunds will be offered in the form of store credit or processed to the original method of payment. We reserve the right to refuse your refund if your item does not meet the returns criteria.

If there is an issue with your order upon arrival please contact us via email within 7 days of delivery. Replacement requests must be accompanied by a photo of the item and packaging with your order number/proof of purchase.

 

Site access

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.

 

Hyperlinks

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.

 

Disclaimers

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

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. if you meet the definition of a consumer under the c&c act gives you certain rights including:

• a statutory guarantee that, amongst other things, any products ordered will be fit for its intended purpose and conform to any description provided on our website; and
• certain remedies if a product is defective;

Nothing in these terms and conditions are intended to affect these rights. for more information about these rights, we suggest you visit your local fair trading or accc websites.

If you are a consumer for the purposes of the ACL, frank green is required to make certain guarantees regarding the supply of the products (including guarantees as to acceptable quality, fitness for purpose, due care and skill) and frank green makes those guarantees to the extent it is required by law to do so.

To make a claim under the 12 month warranty, you must notify frank green in writing and provide a proof of purchase and sufficient photographic evidence of fault to enable us to identify the issue. We may request that you return the products to us for an in house assessment or request further information.

 

Indemnity

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.

 

Force Majeure

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.

 

Jurisdiction

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.

Privacy

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.

Our compliance with privacy legislation is set out in our separate privacy policy.