Terms & Conditions

Terms and Conditions

Welcome to the Franché Australia website (“the Website”). The Website is owned and operated by Franché Mineral Cosmetics Australia Pty Ltd (“Franché Australia”)

The following terms and conditions (“the Terms and Conditions”) apply tothe buyer of goods or productsthrough the Website and/ or aperson’s access and use of the Website(“the Buyer”).

By placing an order via the Websiteor accessing any page of the Website, the Buyeragreesto be bound, and is deemed to have been bound,by theTerms and Conditionswithout limitation or qualification.

  • Website Access
    • The Buyer is prohibited from reproducing, duplicating, copying, selling, re-selling or otherwise exploitingfor any commercial purpose, without the express written consentof Franché Australia:
      • any page(or part of a page)of the Website;and/ or
      • any logo, trademark, image, sound, graphic, button icons, text, page layout or form featured on the Website.
    • The Buyer is prohibited from commercially associating itself with the WebsiteorFranché Australia without the express written consent of Franché Australia.
    • From time to time, the Website may contain links to websites that are controlled by third parties (“External Site”). Franché Australia disclaims liability for any information, material, product/s or service/s contained, posted, provided or offered at any of the External Sites. By creating a link to an External Site, Franché Australia does not endorse, recommendor warrant the information, material, product/s or service/s contained, posted, provided or offered on the External Site.
    • Franché Australia does not warrant or otherwise represent that access to the Website (or part of the Website) will be provided free fromviruses, interruptions, errors, defects, delays or failures.
    • Franché Australiadisclaims all liability for any loss or damage arising from:
      • the Buyer’s access, use, or inability to use, the Website;
      • the Buyer’s reliance on any information contained on the Website;
      • any technical, hardware or software failure of any kind in relation to the Website;
      • any interruptions, errors, failures, omissions, or delays in the operation and/ or running of the Website; and
      • the presence of any viruses which may affect the Buyer’s computer.
    • The Buyer irrevocably agrees to indemnify, and keep indemnified, Franché Australia from all liabilities, claims, losses and expenses that may be incurred by Franché Australia in connection with, or arising from, the Buyer’s use or mis-use of the Website, the Buyer’s breach of the Terms and Conditions, or any intellectual property right or claim made by a third party against Franché Australia in connection with the Buyer’s use of the Website.
  • Copyright and Trademarks
    • All content on the Website (including, but not limited to, text, graphics, logos, button icons, images,audio clips, digital downloads anddata compilations),and software associated with the Website are owned and/ or licensed by Franché Australiaor its suppliers, and are protected by copyright, trademarks and other applicable laws.
    • No license or right is granted to the Buyer to use, download, reproduce, copy or modify anytrademarks or logosdisplayed on the Website, unless otherwise approved in writing by Franché Australia.
  • Liability and Indemnity
    • Any liability of Franché Australia in connection with goods or products supplied to the Buyer through the Website willbe limited to the replacement value or supply of the goods/ products, subject to any warranties as implied by the Competition and Consumer Act 2010(Cth) and any other relevant laws.
    • The Buyer irrevocably agrees to indemnify, and keep indemnified, Franché Australia from all liabilities, claims, losses and expenses that may be incurred by Franché Australia in connection with, or arising from, the Buyer’s mis-useof any of the goods/ products purchased by the Buyer through the Website.
  • Delivery, Title and Risk of Loss
    • Due to strictdistribution restrictions, Franché Australia will only deliver to Australian and New Zealand addresses. Any transaction for the purchaseof goods, products or items through the Website which require delivery to an address in acountry other than Australia or New Zealand will be immediately cancelled and the Buyer’s monies refunded.
    • Any goods, products or items purchased by the Buyer through the Website will be dispatchedfrom Franché Australia’s premises to the Buyer’s address(nominated as at the date and time of the purchase transaction) within ten (10)business days after receipt of correct cleared funds from the Buyer, but in any event, no more than fourteen (14)business days after the date of purchase.
    • The Buyer acknowledges that Franché Australia may usethe services of a third party postal or courier serviceto deliver the Buyer’s goods, products and/ or items. After Franché Australia ships the Buyer’s goods, products and/ or items from its premises, Franché Australiacannot be held liable, and expressly disclaims liability, forany delays inthe deliveryof, or any damages caused to,the Buyer’s goods, products and/ or items by the third party postal or courier service.
    • The risk of loss and title for any goods, products and/ or items purchased through the Website passes to the Buyer once Franché Australia dispatchessuch goods, products and/ or items from its premises.
  • Product Descriptions and Content
    • Whilst all due care is taken by Franché Australia in providing accuratedescriptions ofgoods, products, items or any other information displayed on the Website, to the extent permitted by law, Franché Australia does not warrant that the description of the goods, products, items or other content of the Website is accurate, complete, reliable, current or error-free.
  • Purchase, Prices and Payment
    • Goods, products or items that are displayed on the Website are capable of purchase on the basis of an invitation to treat. All offers by the Buyer to purchase any goods, products or items on the Website are subject to acceptance by Franché Australia.
    • For any purchase of good/s, product/s and/ or item/s through the Website, the Buyer must pay the applicable price for the relevant good/s, product/s and/ or item/s, as well as the delivery or courier costs as specified on the Website at the time of purchase.
    • The Buyer acknowledges and agrees that all payments are to be made via PayPal.
  • Returns and Refunds Policy
    • The Buyer may be entitled to a refund of money/ monies, or a replacement of good/s, product/s and/ or item/s in the following situations:
      • if the good/s, product/s and/ or items purchased are out of stockand/ or discontinued, and such stock of the good/s, product/s and/ or item/s cannot be replenished within a reasonable time after the Buyer makes payment;
      • despite clauses 4(c) and (d), if the Buyer’s goods, products and/ or items are damaged as a result of delivery; or
      • if the good/s, product/s and/ or item/s purchased are not:
        • fit for the purpose for which it is commonly supplied;
        • acceptable in appearance and finish(other than such damage/s caused by delivery and/ or which is outside of the control of Franché Australia);
        • free from defects (other than such defectscaused by deliveryand/ or which is outside of the control of Franché Australia);
        • safe and/ or durable; or
        • otherwise in compliance with the standards outlined in the Competition and Consumer Act 2010(Cth); or
      • if Franché Australiaexercises its rights to refuse acceptance of the Buyer’s purchase pursuant to clause 6(a) of the Terms and Conditions.
    • If the Buyer wishes to obtain a refund or a replacement of good/s, product/s and/ or item/s as per clauses 7(a)(ii)and 7(a)(iii), the Buyer must:
      • notify Franché Australia, in writing, of the damage or defect within five (5) days ofthe Buyer receiving the damaged or defective goods, products and/ or items; and
      • return the damaged or defective good/s, product/s and/ or item/s to Franché Australia, at the Buyer’s cost.
    • Upon receipt of the damaged or defective good/s, product/s and/ or item/sas per clause 7(b), Franché Australiamay conduct reasonable investigations as to the cause of the damage or defect. If Franché Australiareasonably determines that the cause of the damage or defect was due to the Buyer’s deliberate or negligent actions, then Franché Australiawill notify the Buyer of its findings and the Buyer will not be entitled to a refund or replacement.
  • Privacy and Confidentiality
    • Any sensitive or confidential information obtained by Franché Australia from the Buyer about the Buyer will only be used to process and deliver the Buyer’s purchases, and to provide a more personalised shopping experiencefor Franché Australia’s customers. In any event, any sensitive or confidential informationobtained will be handled in accordance with the Privacy Act 1988 (Cth) and the National Privacy Principles.
  • Modification or Change of Terms and Conditions
    • The content and information on the Website, including but not limited to:
      • products, goodsand/ or items;
      • descriptions and/ or prices of products, goods and/ or items;
      • information;
      • data;
      • text;
      • graphics;
      • audio;
      • video; and;
      • links to External Sites,
      are provided on an “as is” and “as available” basis.
    • The Buyer acknowledges that the material, functions, design, content, layout and any other content on the Website, including those in clause 9(a), may be changed from time to time, at Franché Australia’s absolute discretion and without notice to the Buyer. The Buyer’s continued access or use of the Website subsequent to any change will be deemed as the Buyer’s acceptance of such change.
  • Modification or Change of Terms and Conditions
    • The Terms and Conditions are governed by, and are to be construed inaccordance with,the laws of Queensland, Australia.
    • The parties agree to submit to the jurisdiction of the courts of Queensland, Australia.