Freckl Studio is an online store operated by a sole trader. By using frecklstudio.com and/or placing an order, you agree to be bound by the terms and conditions set out herein. Please make sure you have read and understood the Terms before placing your order. Your sole remedy against Freckl Studio for dissatisfaction with the site or any content is to stop using the site or any such content.
We reserve the right to amend these Terms from time to time without prior notice to you. The version of the Terms that will apply to your order will be those on frecklstudio.com at the time you place your order.
GENERAL CONDITIONS
We reserve the right to discontinue any product at any time or to cancel your order, or parts thereof, due to technical reasons or products becoming unavailable.
Nothing in these Terms is intended to exclude, restrict or modify or have the effect of excluding, restricting or modifying any rights you may have under the Australian Consumer Law.
MODIFICATIONS TO THE SERVICE
We reserve the right to modify or discontinue our service, or refuse any order you place with us, without notice at any time. We may exercise this right on a case-by-case basis. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the service.
PRODUCTS
Our products are available exclusively online through this website.
These products are limited to the available quantities, and are subject to return or exchange only according to our Return Policy. We urge you to carefully read all product descriptions and confirm measurements and the sizing for all garments. Under the Australian Consumer Law, we are not required to provide a refund or replacement if you change your mind. In the case that the products you receive are faulty, you may return the items under our standard returns policy.
All descriptions of products or pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.
PAYMENT
The prices displayed at frecklstudio.com include the statutory goods and service tax (GST) but do not include a delivery charge.
We do not provide any goods until payment has been received in full. We reserve the right to cancel any order for which we do not receive payment.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
DELIVERY
The delivery charge for each order will be the same, regardless of the size or weight of your order. The cost for each delivery method is clearly indicated during the check-out process. Our standard delivery fee is $13.
Freckl uses third party shipping providers for all your orders, and endeavours to dispatch orders in the fastest possible time and in the order in which they are placed. Though we aim to deliver within the communicated time frame, delivery may take longer due to unexpected events. Failed deliveries at the fault of the customer (eg. incorrect delivery address provided) or shipments otherwise returned to us at the failure of the customer, can be refunded minus the original shipping fee or reshipped to the customer, at their additional expense. Refused or uncollected shipments are refundable at the request of the customer, once they arrive back to us. All additional shipping and processing fees incurred by the courier as a result, will be deducted from the refundable amount.
International customers please be aware that your order will be subject to VAT and customs fees. We are not responsible for any extra duties, customs fees, import charges, taxes or tariffs which occur after the item is shipped.
PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
COLOURS
We make all reasonable efforts to accurately display the attributes of our products, including composition and colours. The colour you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the store or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the our services or any related website for violating any of the prohibited uses.
INDEMNIFICATION
You agree to defend, indemnify and hold us harmless from and against all liabilities, damages, claims, actions, costs and expenses (including without limitation legal fees), in connection with or arising from your breach of any of these Terms of Use and/or your use of the website. We may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defence and control of any claim or action.
ASSIGNMENT
Freckl reserves the right to assign or pledge to third parties any claim(s) for payment [including any payment instalments]which have arisen in connection with the delivery of goods.
SEVERABILITY
If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other Terms shall continue to apply.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights subsisting in respect of the Services belong to Freckl Studio or have been lawfully licensed to Freckl Studio for use in connection with the Services. All rights under applicable laws are hereby reserved. You are not allowed to upload, post, publish, reproduce, transmit or distribute in any way any component of the Services or create derivative works with respect thereto, as the website is copyrighted under applicable laws.
GOVERNING LAW
All intellectual property rights, such as trademarks and copyrights at frecklstudio.com remain with Freckl Studio and its subsidiaries or licensors. Any use of frecklstudio.com or its contents, including copying or storing such content in whole or part, other than for your own personal, non-commercial use, is prohibited without the permission of Freckl.
CHANGES TO TERMS AND CONDITIONS
You can review the most current version of the Terms and Conditions at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.