Terms of service
OVERVIEW
This website is operated by LAZY FRANKS, ABN 60 116 085 967, an Australian business based in New South Wales, Australia. Throughout the site, the terms “Lazy Franks”, “we”, “us” and “our” refer to LAZY FRANKS.
By visiting our site, creating an account and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service (“Terms”), together with any additional terms, conditions and policies referenced herein or available on our website.
These Terms apply to all users of the site, including browsers and customers.
Our Return Policy, Shipping Information and Privacy Policy form part of these Terms.
Please read these Terms carefully before accessing or using our website. Nothing in these Terms excludes, restricts or modifies any consumer right, guarantee or remedy that cannot lawfully be excluded.
Our store is hosted on Shopify Inc. Shopify provides the ecommerce platform that enables us to offer and sell our products and Services to you.
SECTION 1 - ONLINE STORE TERMS
You must have legal capacity to enter into a contract to place an order with us, or otherwise have the permission of a parent or legal guardian where required.
You may not use our website or products for any illegal, fraudulent or unauthorised purpose, nor may you violate any laws applicable to your use of the Service.
You must not transmit viruses, malicious code or any other technology that could damage, disrupt or interfere with the operation or security of the Service.
We may restrict or terminate access to our website where reasonably necessary to protect Lazy Franks, our customers, our systems or others from unlawful, fraudulent or abusive activity.
SECTION 2 - GENERAL CONDITIONS
You must not reproduce, duplicate, copy, sell, resell or commercially exploit any portion of the Service or access to the Service without our prior written permission, except where permitted by law.
We may refuse or restrict use of the Service where reasonably necessary, including in cases of suspected fraud, unlawful activity, misuse of the website or breach of these Terms.
We may modify, suspend or discontinue parts of the website or Service where reasonably necessary.
Nothing in this section affects any rights you may have in relation to an order already placed or any consumer rights that cannot legally be excluded.
The headings used in these Terms are included for convenience only and do not limit or otherwise affect these Terms.
SECTION 3 - PRODUCTS AND PRODUCT INFORMATION
We make reasonable efforts to ensure that product descriptions, photographs, colours, measurements, materials and other information displayed on our website are accurate.
However, colours and appearance may vary slightly depending on your device, screen settings, photography and lighting.
Minor differences that would reasonably be expected from materials, manufacturing, garment washing, finishing or production processes may also occur.
Products may be available in limited quantities and may be discontinued at any time.
Nothing in this section limits your rights where a product is faulty, materially different from its description or otherwise fails to meet an applicable consumer guarantee.
SECTION 4 - PRICES AND CURRENCY
Product prices are displayed in the currency shown on our website or selected for your location.
Prices may change from time to time. A price change will not affect an order that we have already accepted, except where permitted or required by law.
Shipping costs and any taxes or duties collected by Lazy Franks will be displayed at checkout where applicable.
International orders may also be subject to taxes, duties or customs charges depending on the destination and applicable law. Further information is provided in our Shipping Information.
Any currency conversion displayed by our website or payment providers may be subject to exchange-rate variations or conversion fees imposed by your payment provider.
SECTION 5 - ORDERS
When you place an order through our website, you are making an offer to purchase the products in your cart subject to these Terms.
After submitting your order, you will generally receive an order confirmation by email. This confirms that we have received your order.
Unless applicable law requires otherwise, an order is accepted when we confirm acceptance or dispatch the order.
We reserve the right to decline or cancel an order where reasonably necessary, including where:
- a product is unavailable;
- there is an obvious pricing, product description or inventory error;
- payment cannot be authorised;
- we reasonably suspect fraud or unauthorised activity;
- an order breaches applicable quantity or geographic restrictions;
- delivery cannot reasonably be completed to the supplied address; or
- accepting the order would breach applicable law.
If we cancel an order after payment has been collected, we will refund the amount paid for the cancelled portion of the order to the original payment method.
Nothing in this section permits us to cancel an order where applicable consumer law requires us to honour it.
SECTION 6 - BILLING, ACCOUNT INFORMATION AND PAYMENT
You agree to provide current, complete and accurate billing, contact, shipping and payment information when placing an order.
We accept the payment methods displayed at checkout.
Payments may be processed by Shopify or other third-party payment providers.
Your use of a payment method may also be subject to the terms and conditions of the relevant payment provider.
We do not generally store complete payment card details ourselves.
You are responsible for ensuring that your account and contact details remain accurate so that we can process your transactions and contact you where necessary.
SECTION 7 - SHIPPING AND DELIVERY
We ship throughout Australia and to selected international destinations.
Available shipping methods, charges and destination restrictions are displayed on our website and at checkout.
Our processing times, estimated delivery times, international customs information and other shipping conditions are set out in our Shipping Information.
Delivery timeframes are estimates unless expressly stated otherwise.
We will make reasonable efforts to deliver orders within the timeframe communicated to you and will comply with any mandatory delivery requirements imposed by applicable consumer law.
Risk of loss or damage to an order remains with Lazy Franks until the order has been delivered to you or another person authorised by you to receive it, except where applicable law provides otherwise.
If an order is lost, damaged or significantly delayed in transit, please contact us at contact@lazyfranks.com.au.
SECTION 8 - INTERNATIONAL ORDERS, DUTIES AND TAXES
Lazy Franks is based in Australia and sells to customers in selected international markets.
International orders may be subject to VAT, GST, import duties, customs fees, handling charges or other taxes depending on the destination.
Where required or supported, applicable taxes and duties may be collected by Lazy Franks at checkout.
Where taxes or duties have not been collected at checkout, the recipient may be required to pay applicable charges directly to customs, a postal authority or the delivery carrier.
Further information is available in our Shipping Information.
Nothing in this section requires a customer to pay a tax, duty or charge that applicable law requires Lazy Franks to collect or pay.
SECTION 9 - RETURNS, REFUNDS AND CONSUMER RIGHTS
Our voluntary returns process is set out in our Return Policy.
Our Return Policy operates in addition to any mandatory consumer rights that apply to your purchase.
Australian Customers
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.
If goods fail to meet an applicable consumer guarantee, you may be entitled to a repair, replacement, refund, compensation or another remedy depending on the circumstances and nature of the failure.
Our voluntary return period does not limit your statutory rights.
International Customers
Customers located outside Australia may have additional mandatory rights under the consumer laws applicable in their country or region.
Nothing in these Terms or our Return Policy is intended to exclude, restrict or modify any right or remedy that cannot legally be excluded.
Eligible consumers in the United Kingdom and European Union may have statutory cancellation or withdrawal rights for online purchases. Further information is provided in our Return Policy.
SECTION 10 - SALE ITEMS, PROMOTIONS AND DISCOUNT CODES
Promotions, discount codes and special offers may be subject to additional conditions communicated at the time of the promotion.
Unless otherwise stated:
- promotional codes cannot be exchanged for cash;
- only one promotional code may be used per order where our checkout imposes that restriction;
- promotions may be limited to specified products, dates or customers;
- discounts may not apply retrospectively to previous orders; and
- promotions are subject to stock availability.
Sale or discounted products may have different voluntary change-of-mind return conditions as set out in our Return Policy.
Nothing in this section limits statutory rights relating to faulty, damaged, incorrectly supplied or non-conforming products.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
We take reasonable steps to ensure that pricing, product descriptions, availability, shipping information and other information displayed on our website are accurate.
Occasionally, a genuine typographical, pricing, product description, inventory, promotion, shipping or other error may occur.
Where an obvious error occurs, we may correct the information and, where permitted by law, contact you to give you the option of proceeding on the corrected basis or cancelling the affected product or order.
If an affected order is cancelled after payment has been taken, we will refund the relevant amount paid.
We will not rely on this section to avoid any obligation imposed on us by applicable consumer law.
SECTION 12 - PROHIBITED USES
You are prohibited from using the site or its content:
(a) for any unlawful or fraudulent purpose;
(b) to solicit others to perform or participate in unlawful acts;
(c) to violate applicable laws or regulations;
(d) to infringe our intellectual property rights or the rights of others;
(e) to harass, abuse, threaten, defame or unlawfully discriminate against another person;
(f) to submit deliberately false or misleading information;
(g) to transmit viruses, malicious code or other harmful technology;
(h) to improperly collect or track personal information belonging to others;
(i) to spam, phish, scrape or otherwise misuse the Service;
(j) to impersonate another person; or
(k) to interfere with or circumvent the security features of the Service.
We may restrict or terminate your use of the Service where reasonably necessary as a result of a breach of these requirements.
SECTION 13 - INTELLECTUAL PROPERTY
Unless otherwise stated, content available through the Lazy Franks website, including our name, logos, trademarks, product designs, photographs, graphics, artwork, videos, text, website design and other content, is owned by or licensed to Lazy Franks and is protected by applicable intellectual property laws.
You may access and use the website for personal, non-commercial shopping purposes.
You must not reproduce, distribute, modify, publish, sell, commercially exploit or otherwise use our intellectual property without our prior written permission, except where permitted by law.
SECTION 14 - USER COMMENTS, REVIEWS AND OTHER SUBMISSIONS
Where our website allows you to submit a review, photograph, comment or other content, you are responsible for ensuring that the content:
- is accurate to the best of your knowledge;
- does not infringe another person's intellectual property, privacy or other legal rights;
- is not unlawful, defamatory, threatening or abusive; and
- does not contain malicious software or deliberately misleading information.
By submitting content for public display through our website, you grant Lazy Franks a non-exclusive, royalty-free licence to display, reproduce and use that content in connection with operating and promoting Lazy Franks, subject to applicable privacy and consumer law.
We may moderate or remove content where reasonably necessary because it breaches these Terms or applicable law.
SECTION 15 - THIRD-PARTY SERVICES AND LINKS
Our website may use or contain links to third-party services, including Shopify, payment providers, social media platforms and other service providers.
Independent third-party services may be subject to their own terms and privacy policies.
Lazy Franks is not responsible for the content or practices of an independent third-party website merely because our website contains a link to it.
Nothing in this section excludes any responsibility that Lazy Franks has under applicable law for service providers used by us to provide your order or operate our Services.
SECTION 16 - PERSONAL INFORMATION
Your submission and our handling of personal information through the store is governed by our Privacy Policy.
Personal information will be collected, used, disclosed and otherwise processed in accordance with our Privacy Policy and applicable privacy laws.
Where consent is required for a particular use of your personal information, cookies, advertising technology or marketing activity, we will seek that consent where required by applicable law.
SECTION 17 - WEBSITE AVAILABILITY
We aim to keep our website accurate, secure and available, but we cannot guarantee that access will always be uninterrupted or error-free.
We may temporarily suspend, modify or maintain our website where reasonably necessary.
Nothing in this section affects your rights in relation to an order already placed or any consumer rights that cannot legally be excluded.
SECTION 18 - LIMITATION OF LIABILITY
Nothing in these Terms excludes, restricts or modifies:
- any consumer guarantee, right or remedy under the Australian Consumer Law;
- liability that cannot lawfully be excluded or limited; or
- any mandatory consumer right that applies to an international customer.
To the maximum extent permitted by law, Lazy Franks is not liable for losses that were not reasonably foreseeable as a result of our breach of these Terms or failure to exercise reasonable care.
We are not responsible for loss caused solely by circumstances outside our reasonable control where we have taken reasonable steps to minimise the impact of those circumstances.
Nothing in these Terms excludes liability for loss or damage where applicable law provides that we are responsible for that loss or damage.
SECTION 19 - EVENTS OUTSIDE OUR REASONABLE CONTROL
We are not responsible for delays or failures caused by events outside our reasonable control, including severe weather, natural disasters, transport disruption, industrial action, customs disruption, government action, telecommunications failures or comparable events.
Where such an event affects an order, we will take reasonable steps to minimise the delay and communicate with you where appropriate.
This section does not remove any right you may have to cancel an order or receive a refund under applicable consumer law.
SECTION 20 - SEVERABILITY
If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be interpreted or severed to the minimum extent necessary.
The remaining provisions will continue to apply.
SECTION 21 - GOVERNING LAW
These Terms and purchases made from Lazy Franks are governed by the laws applicable in New South Wales, Australia, subject to any mandatory consumer laws that apply to you.
The courts of New South Wales, Australia have non-exclusive jurisdiction in relation to disputes arising from these Terms.
If you are a consumer outside Australia, nothing in this section deprives you of any mandatory rights or protections available under the laws applicable to your purchase, including any right to bring proceedings in another jurisdiction where applicable law permits you to do so.
SECTION 22 - CHANGES TO TERMS OF SERVICE
You can review the current version of these Terms of Service at any time on this page.
We may update or change these Terms from time to time to reflect changes to our business, website, policies or legal obligations.
The current version will be published on this page.
Changes will not retrospectively remove rights relating to orders already accepted unless permitted by applicable law.
SECTION 23 - CONTACT INFORMATION
Questions about these Terms of Service or an order should be sent to us at:
LAZY FRANKS
ABN: 60 116 085 967
New South Wales 2229, Australia
Email: contact@lazyfranks.com.au