1.1 “Buyer” means the individual or organisation who buys or agrees to buy the Goods from the Seller;
1.2 “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 “Contract” means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.4 “Goods” means the articles that the Buyer agrees to buy from the Seller;
1.5 “Seller” means FRIO UK Ltd, Whiteleys, Little Treffgarne, Haverfordwest SA62 5DY that owns and operates www.frioaustralia.com;
1.6 “Terms and Conditions” means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;
1.7 “Website” means www.frioaustralia.com
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
2.5 Any complaints should be addressed to the Seller’s email address email@example.com or at the sellers Australian office,
3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or request alternative product, or cancel their order.
3.3 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the Order Process section within the website.
4 PRICE AND PAYMENT
4.1 The price of the Goods shall be that stipulated on the Website. Delivery charges are quoted according to the individual customer’s choice of service and the check-out stage of the order process. Contract customers will be agreed at time of order.
4.2 The total purchase price including delivery charges will be displayed in the Buyer’s shopping basket prior to confirming the order.
4.3 After the order is received the Seller shall confirm by email the details, description and price for the Goods.
4.4 Payment of the price and delivery charges must be made in full before dispatch of the Goods.
4.5 Depending on who you do your banking with, you may incur a small transaction fee when purchasing.
5 RIGHTS OF SELLER
5.1 The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
5.2 The Seller reserves the right to withdraw any goods from the Website at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
6 MANUFACTURER’S GUARANTEE
6.1 Manufacturer’s Guarantee is 12 Months from date of purchase (proof of purchase is required in the event of claims).
6.2 Defective Items: You can always return items if they are defective, within 12 months of proof of date of purchase but please contact us first to discuss before returning as very often problems can be rectified over the phone.
7.1 Goods supplied within Australia will normally be dispatched within 2-3 working days of acceptance of order. Every effort will be made to dispatch within the maximum time of 2-5 working days. Goods are dispatched by Australia Post and service options are available at the check-out stage. Please refer to the Delivery options.
7.2 Where a special order/ specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified.
7.3 The Seller shall use its reasonable endeavors to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
7.4 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
7.5 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
8 CANCELLATION AND RETURN
8.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller by e-mail or telephone within 7 working days of delivery if the Goods are damaged or are not suitable. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
8.2 As a consumer you have the right, in addition to your other rights, to cancel the Contract and receive a full refund by informing the Seller by e-mail or telephone within 7 working days of receipt of the Goods. However, the Buyer is liable for the cost of the return of the Goods to the Seller (unless the Goods are deemed faulty). Please refer to our Returns Policy.
8.3 At FRIO we want you to have a great experience every time you shop with us. Occasionally though, we appreciate that you may want to return items for exchange etc., so please refer to our Returns Policy. We accept the return of all other items only if they are in their original condition without being activated and still in its original packaging. If you return goods, as detailed, within 10 days, we will issue a full refund for the price you paid for the item. Goods must be returned by the Buyer at the Buyer’s expense and should be adequately insured during the return journey.
8.4 Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.
9 LIMITATION OF LIABILITY
9.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
9.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
11 FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
13 CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
14 INTELLECTUAL PROPERTY
Unless specified, the copyright in the contents of every page in this Website are owned by or licensed to FRIO UK Ltd.