More important legal goodies.
The Schedule 2 of the Competition and Consumer Act 2010 (Cth) or equivalent State or Territory laws in Australia (“Australian Consumer Law”) may confer rights, guarantees and remedies on you in relation to the provision by us of goods or services on the website, which cannot be excluded, restricted or modified. We do not exclude these rights but do exclude all other conditions and warranties implied by custom, law or statute.
Despite any other provision of these Terms to the contrary and to the extent permitted by law (including the Australian Consumer Law), FRANKiE4 will in no way be liable for any direct, indirect, incidental, special or consequential damages, resulting from use or inability to use the Websites or for the cost of procurement of substitute products or resulting from any products purchased or obtained or messages received or transactions entered into through the Websites or resulting from unauthorised access to or alteration of your transmissions or data or of any information contained on the Websites, including but not limited to, damages for loss of profits, use, data or other intangible, even if FRANKiE4 has been advised of the possibility of such damages.
To the extent permitted by law, where any legislation (including the Australian Consumer Law) implies in the Terms any term, condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in the Terms, however, the liability of FRANKiE4 for any breach of such term, condition or warranty shall be limited, at the option of FRANKiE4 to any one or more of the following:
- the replacement of the goods or supply of equivalent goods;
- the repair of such goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired.
Despite any other provision of these Terms to the contrary and to the extent permitted by law, FRANKi4’s maximum liability under any order shall not exceed the aggregate of the purchase monies received by FRANKiE4 for that order.
If you think there is a fault with the goods you have received, please let us know straight away by contacting our Customer Care Team. Please include as many details as possible about the order and the problem with the goods.